#3537 RAB contract Layout 1 4/23/13 3:17 PM Page 1 2012 ... Contractors Agreement.pdf · 2012 contractors agreement between service employees international union local 32bj and the

2012

Contractors

AGREEMENT

BETWEEN

SERVICE EMPLOYEES

INTERNATIONAL UNION

LOCAL 32BJ

AND

THE REALTY ADVISORY

BOARD ON LABOR

RELATIONS, INC.

EFFECTIVE JANUARY 1, 2012

TO DECEMBER 31, 2015

#3537 RAB contract_Layout 1 4/23/13 3:17 PM Page 1

INDEX

SUBJECT PAGEAB Time ....................................................65-66, 78-80Arbitration.............................15-20, 60, 64, 72, 80, 90-91................................................................132-133, 134-135Attendance Bonus ....................................................129Auditing......................................................11, 130-131Benefit Funds .......................................25-38, 104, 125Better Terms and Conditions ...............................71, 82Building Work........................................................7, 74Bulletin Board..........................................................107Call-in Pay..................................................................56Cancellation of Account or Location ............7-8, 10-11Check-off ..............................................................12-13Classification of Buildings...................................38-39Common Disaster ....................................................135Complete Agreement ...............................................140Consolidation of Jobs .......................................131-133Consultants...............................................................143Contract Violators (Persistent) .................................133Cost of Living Increase ........................................52-53Coverage of Agreement ............................................1-8Cuspidors .................................................................135Damage or Breakage................................................111Day of Rest ........................................................56, 105Days Off .....................................................................56Death in Family..................................................96, 123Death of Employee ...........................................125-126Differentials ..........................................................71-72Disability Benefits ..................25-26, 99, 127-128, 129Discharge ......9-10, 11-12, 58-59, 90-91, 103, 137-138


SUBJECT PAGEDiscrimination ..................................................112-119Discrimination - Protocol .................................112-119Discrimination - Protocol Mediation................115-118Discrimination - Protocol Arbitration ..............118-119Displacement or Transfer .............................58-59, 138Duration ................................................................22-23Election Day Voting Time..........................................78Elevator Conversion.................................................109Elevator Starter ..................................................55, 121Employee Identification...........................................124Employees’ Property (Loss).....................................107Employees’ Room ....................................................121Employment Agency Fee .........................................120Engineers....................................................................72Experienced Employee .........................................89-91Eyeglasses ................................................................107Family and Medical Leave Act ..........................99, 129Fines..................................................................110-111Fire Safety Director ..........................................136-137First Aid Kit .............................................................106Firemen .............................................................100-101Flexibility ...................................................................64Foreperson ..............................................40-51, 56, 121Garnishments ...........................................................122General Provisions

(Subsidiaries & Affiliates) ...........................134-135Government Decrees................................................126Grievance Procedure.............................................13-15Guards (Security Officers) ..........3, 22-23, 40-51, 63, 71, ..............................................86, 87, 89, 90, 121-122, 144


SUBJECT PAGEHandyperson.................................................40-51, 121Health Fund ............................11, 14-15, 25-30, 98-99, .................................................................126, 128, 131-133Higher Rate of Pay.....................................................57Hiring Hall ...............................................................120Holidays..............................................7, 72-77, 95, 101Hours and Overtime............................54-57, 59-60, 63Job Definitions .................................................121-122Joint Industry Advancement Project.....................68-70Jury Duty ..........................................................123-124Labor Peace Committee.....................................22, 142Layoff .....................................................................7, 84Leave of Absence ......................................66-67, 95-99Legal Assistance (with Violations) ...................110-111Legal Services Fund ...........11, 14-15, 34-35, 126, 148Licenses ............................................................110-111Lie Detector .............................................................136Locker and Restroom...............................................107Lockout.............................................................3, 20-22Luncheon Period ........................................................56Management Rights..............................................57-58Meal Allowance .........................................................57Medical Leave................................66-67, 92-94, 95-99Method of Payment of Wages ..............................82-84Military Service .......................................................111Multi-Employer Bargaining..................................23-25Mutual Obligations ...................................................1-8National Labor Relations Board Deferral..................15New Classification.....................................................87New Development......................................................70


SUBJECT PAGENew Hire Rate and Contributions ................87-88, 145Night Work.................................................................55Notice to Union........................................................139Others ...................................40-51, 56, 87, 89, 90, 122Overtime...................................54-57, 72, 77, 101, 122Part-time Employees..................................82, 100, 110Past Better Conditions ...............................................71Pension Fund ...........................11, 14-15, 30-33, 89-90...............................................97-98, 126, 131-133, 145Permits ..............................................................110-111Personal Day...................................................74-76, 78Picketing ...............................................................20-22Political Contributions ..........................................12-13Postings ......................................................................86Pregnancy Leave ........................................................99Premium Pay ....................................54, 72, 76-77, 101Productivity...........................................................80-82Promotion .............................................................85-87Pyramiding.................................................................72Recall ............................................................91-92, 110Reducing Force ......................59-63, 84, 108, 109, 146Relief Employees......................................82, 84, 86-87Relief Periods .................................................55-56, 82Replacements..................................................53, 97-98Resignation .......................................................102-103Rest Room................................................................107Retail and Non-Commercial Locations........2, 4-5, 141Route Work .................................6-7, 50-51, 55, 63, 75Safety and Health .............................................133-134Sale or Transfer of Building ....................................110


SUBJECT PAGESanitary Arrangements ............................................107Saving Clause...........................................................139Schedules ...................................................................82Security Background Checks ...................137-138, 147Seniority....7, 60, 76, 78, 84-85, 86, 91-92, 102, 105, 109Seniority and Vacation in Relation to

Sickness and Accident Absence...........92-94, 95, 97Service Center Visit ..........................................124-125Sick Days ............................64-65, 72, 92-93, 124-125,...........................................................127-128, 128-130Snow Removal .........................................................136Social Security “No Match” letter...................138, 147Sole Occupant Buildings .......................................7, 67Strikes .......................................................3, 20-22, 142Subcontracting .........................................................136Successor Employer ......................23-24, 103-104, 110Supplemental Retirement & Savings Fund.....11, 14-15,...........................................................35-36, 89-90, 145Term of Agreement...............................................22-23Termination Pay..........................................84, 107-110Tools .................................................................110-111Training Fund..............................11, 14-15, 33-34, 126 Training Programs (License/Permit)........................122Trial Period.................................................................87Unemployment Insurance...........................99, 127-128Uniforms...........................................................105-106Union Insignia..........................................................107Union Security........................................................8-11Union Visitation .......................................................123Vacancies ..................................................53, 85-87, 92


SUBJECT PAGEVacation Replacements.....................................104-105Vacations, Vacation Pay ..............85, 93-94, 95, 99-104Veteran Transition Assistance...........................138-139Voting Time................................................................78Wages ................................................39-51, 82-84, 102Wage Differentials ................................................71-72Wage Rates................................................39-53, 87-88Weather Conditions..................................................126Work Clothes ............................................105-106, 136Work of Absentees ....................................65-66, 78-80Work Schedules ............................................80-82, 128Work Stoppage......................................................20-22Workload.........................................................64, 80-82Workers’ Compensation ..........................25-26, 30, 66, ................................................93-94, 99, 127-128, 129


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The REALTY ADVISORY BOARD ONLABOR RELATIONS, INC. (“RAB”), an incorpo-rated multi-employer association, duly authorized andempowered to enter into this agreement for its con-tractor members which appear on the Master Listfurnished to SERVICE EMPLOYEES INTERNA-TIONAL UNION, LOCAL 32BJ (“Union”), and theUnion, on behalf of its members and other buildingservice employees to whom this agreement appliesand for whom it is the collective bargaining agent, dohereby agree as of this 1st day of January 2012 as fol-lows:

ARTICLE IMutual Obligations

1. The Employer obligates itself that it will ingood faith comply with all of the provisions of thisAgreement. The Union obligates itself and its mem-bers that they will in good faith comply with all theprovisions of this Agreement and that the workerswill perform their work conscientiously, faithfullyand efficiently under the terms of this Agreement.

The Union recognizes that the RAB, because ofits size and the nature of its membership in the build-ing service industry within the geographicjurisdiction of the Union, is the principal bargainingrepresentative for Employers working in the industrywith whom the Union negotiates collective bargain-ing agreements, and any extensions or renewalsthereof.


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

2. This Agreement shall apply to all serviceemployees in any facility including residential build-ings in the City of New York and in such other areasthat are currently within the geographical jurisdictionof the Union and the RAB. All terms and conditionsof this Agreement as it applies to building employeesshall apply except that wages of employees employedin Queens, Brooklyn, Bronx and Staten Island andwages of those employed at hospitals, airports, retailstores, department stores, schools, charitable, educa-tional and religious institutions, race tracks, nursinghomes, theaters, hotels, shopping malls, golf coursesand bowling alleys in Manhattan, Queens, Brooklyn,Bronx and Staten Island shall be negotiated separate-ly, except that if an Employer fails to give the Unionwritten notification of its intent to negotiate a wagerate pursuant to this Agreement within ninety (90)days of commencement of the job, the Employer shallbe required to pay Class A Office Building rates pro-vided for in Article XI of this Agreement.

If an Employer fails to negotiate within ninety(90) days and loses the job within ninety (90) days, itshall be required to pay Class A Office Building ratesprovided for in Article XI of this Agreement.


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In the event the Union and the Employer areunable to reach an agreement on wages, the Unionshall have the right to strike and the Employer shallhave the right to lockout.

All security employees shall be covered by thisAgreement unless the Union and the Employer exe-cute a separate collective bargaining agreementcovering security guards.

The Employer shall be bound by each of thefollowing agreements in the event the Employer per-forms work within the geographical areas subject tothose agreements:

(a) The 2012 Long Island IndependentContractors Agreement covering Long Island.

(b) The 2012 Independent ExterminatorsAgreement.

(c) The 2012 New Jersey ContractorsAgreement.

(d) The 2012 Hudson Valley and FairfieldCounty Contractors Agreement.

(e) The 2012 Hartford Contractors Agreement.

(f) The 2012 Connecticut ContractorsAgreement.


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(g) The 2012 RAB Window CleanersAgreement or its Independent counterpart.

(h) The 2012 RAB Security OfficersAgreement or its Independent counterpart.

(i) The 2011 Philadelphia BOLR orIndependent Contractors Agreement.

(j) The 2011 Philadelphia SuburbanContractors Agreement.

(k) The 2011 Washington Service ContractorsAgreement or its Independent counterpart.

(l) The 2011 Pittsburgh Central BusinessDistrict Contractors Agreement.

(m) The 2011 Suburban Pittsburgh ContractorsAgreement.

(n) The 2012 Delaware Contractors Agreement.

3. The Employer taking over jobs in Queens,Brooklyn, Bronx and Staten Island, or at hospitals,airports, retail stores, department stores, schools,charitable, educational and religious institutions, racetracks, nursing homes, theaters, hotels, shoppingmalls, golf courses and bowling alleys in Manhattan,Queens, Brooklyn, Bronx and Staten Island, shall


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assume and be bound by the remaining term of anyexisting wage agreements between the Union and thepredecessor Employer.

4. In the event that the Employer presentlyservices or takes a job at a residential building, theterms of the Apartment Building Agreement existingat such location shall apply. In the event that no col-lective bargaining agreement between the Union andthe Employer covering such location exists, then, inthe event that such job(s) are located in Manhattan,Queens, Brooklyn or Staten Island, the terms of thestandard Independent Apartment Building Agreementshall apply.

5. In the event that an Employer presently serv-ices or takes over a job at a facility within thegeographical areas set forth in any of the Agreementslisted in Section 2(a) through (n) hereof, it shall applythe terms of the relevant agreement.

6. In the event that an Employer presently serv-ices or takes over a job in Queens, Brooklyn, Bronxand Staten Island, or at hospitals, airports, retailstores, department stores, schools, charitable, educa-tional and religious institutions, race tracks, nursinghomes, theaters, hotels, shopping malls, golf courses,bowling alleys, transit terminals or residential build-ings in Manhattan, Queens, Brooklyn, Bronx andStaten Island, and demonstrates to the Union that a


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hardship exists with respect to the application of cer-tain provisions of this Agreement or the IndependentApartment Building Agreement in residential build-ings, the Union may, within its sole discretion,consent to negotiate with respect to such provisionsof the Agreement.

7. (a) “Route Work” is all work performed bythe Employer other than in buildings where theEmployer contracts directly with the building ownerand/or agent. An employee will receive the Routerate for any Route Work unless:

1. The Route Work was contracted for afterApril 1, 1981, or the Route Work is awarded to areplacement contractor after April 1, 1981 and a con-tractor that is party to a collective bargainingagreement with the Union is performing servicesdirectly for the building owner and/or agent.

2. The Route Work was contracted for afterApril 1, 1981, or the Route Work is awarded to areplacement contractor after April 1, 1981, and theemployees are maintaining tenant space in the build-ing pursuant to a collective bargaining agreementdirectly with the building owner and/or agent.

3. The employees were formerly covered by aLocal 32B collective bargaining agreement.


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If any of the above conditions are met theemployees shall receive the Building rate.

(b) “Building Work” is all work performed bythe Employer where the Employer contracts directlywith the building owner and/or agent. All employeesperforming Building Work shall receive the Buildingrate unless they are employed in a sole occupantbuilding having less than 130,000 square feet that hasbeen operated as a Route job prior to May 1, 1962.Employees in such “sole occupant” buildings willcontinue to receive the Route rate until the RouteWork is awarded to a replacement contractor or thebuilding ceases to be a “sole occupant” building.

(c) For the purpose of the Seniority and Layoffprovision set forth in Article XVI, Section 11, and theHoliday provision set forth in Article XVI, Section 3,an employee shall be considered a Route employee ifthe employee is engaged in Route Work. An employ-ee shall be considered a Building employee if theemployee is engaged in Building Work. The type ofwork performed, not the rate of pay, shall determinewhether the employee is a Route or Building employ-ee.

8. The Employer shall notify the Union withinfourteen (14) days of receiving written cancellation ofan account/location. Such notification shall include alist of all employees at the account/location, their


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wage rates, their dates of hire, a building seniority listand the number of sick and vacation days used. TheUnion shall provide this list to the incoming contrac-tor/employer within five (5) days of the Employergiving it to the Union.

ARTICLE IIUnion Responsibility and Union Security

1. The Union is recognized as the exclusivecollective bargaining representative of all classifica-tions of service employees as defined in Article I,Section 2, above.

2. There shall be a Union Shop throughout theterm of this Agreement.

The “Union Shop” requires membership in theUnion by every employee as a condition of employ-ment after the thirtieth (30th) day followingemployment or the execution date of this Agreement,whichever is later, and requires that the Union shallnot ask or require the Employer to discharge or other-wise discriminate against any employee except incompliance with the law. The requirement of mem-bership under this section or elsewhere in thisAgreement is satisfied by the payment of financialobligations of the Union’s initiation fees and periodicdues uniformly imposed.


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In the event the Union security provision of thisAgreement is held to be invalid, unenforceable or ofno legal effect generally or with respect to anyEmployer because of interpretation or a change infederal or state statute, city ordinance or rule or deci-sion of any government administrative body, agencyor subdivision, the permissible Union security clauseunder such statute, decision or regulation shall beenforceable as a substitute for the Union securityclause provided for herein.

3. Upon receipt by the Employer of a letterfrom the Union’s Secretary-Treasurer requesting anemployee’s discharge because he/she has not met therequirements of this Article, unless the Employerquestions the propriety of so doing, the employeeshall be discharged within fifteen (15) days of saidnotice if prior thereto he/she does not take propersteps to meet said requirement. If the Employer ques-tions the propriety of the discharge, he/she shallimmediately submit the matter to the Arbitrator. Ifthe Arbitrator determines that the employee has notcomplied with Section 2, he/she shall be dischargedwithin ten (10) days after written notice of the deter-mination has been given to the Employer.

4. The Employer shall be responsible for allrevenue lost by the Union by reason of any failure todischarge an employee who is not a member of theUnion, if the Union has so requested in writing. In


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cases involving removal of employees for non-pay-ment of dues, the Arbitrator shall have the authorityto assess liquidated damages.

5. The Employer shall on execution of thisAgreement submit to the Union a list of all locationsin the City of New York, Nassau, Suffolk,Westchester, Putnam, Dutchess, Orange and Sullivancounties, New Jersey (north of Route 195) andConnecticut, presently being serviced by theEmployer. Such list shall include the names andSocial Security numbers and home addresses of theemployees performing the work plus the hours ofemployment and the present wage rate and Unionaffiliation. The Employer shall immediately notifythe Union in writing of the name, Social Securitynumber and home address of each new employeeengaged by the Employer. The Employer shall imme-diately notify the Union in writing on forms to besupplied by the Union as soon as a cancellation of anaccount becomes effective where Union members areemployed. The Employer shall immediately notifythe Union when he acquires a new job.

When an Employer loses a Route job where theemployees are represented by the Union, theEmployer shall not only notify the Union, but shallhave an additional obligation to notify the employeeson such job that another Employer will be taking overthat job and that he or she should continue to report


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to the job as previously scheduled. Any failure to sonotify shall make the Employer responsible for anyloss of wages.

The Employer shall be liable for any lost wagesand/or damages sustained by employees as a result ofthe Employer’s willful failure to comply with the jobcancellation notice and/or new job notification provi-sions of this Agreement.

6. For the purpose of determining the employ-ees employed by the Employer who should bemembers of the Union under the terms of thisAgreement, the Union shall have the right to inspectall the Employer’s records and books including, butnot limited to, the Employer’s Social Security reports,all payroll reports, and any other record of employ-ment (except the salaries of non-union supervisors).The Employer shall make such records available tothe Union upon request thereof. The Union shallhave the right to expedited arbitration in the event anEmployer fails to comply with this right of inspec-tion. The Health, Pension, Training, Legal and/orSupplemental Retirement and Savings Funds (SRSF)shall have the same right to inspect as the Union.

ARTICLE IIIDischarge

Employees shall not be discharged by theEmployer except for justifiable cause. If an employ-


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ee is unjustly discharged, he shall be reinstated to hisformer position without loss of seniority or rank andwithout salary reduction. The Arbitrator may deter-mine whether, and to what extent, the employee shallbe compensated by the Employer for time lost.

Any employee who is discharged shall be fur-nished a written statement of reasons for suchdischarge not later than five (5) working days afterthe date of discharge.

ARTICLE IVCheckoff

The Union does hereby authorize the Employerand the Employer does hereby agree to deduct month-ly dues or agency fees, initiation fees, AmericanDream Fund or Political Action Fund contributions,any assessments, fines or other fees due to the Unionfrom each employee covered by this Agreement fromthe wages due to each and every employee during theterm of this Agreement. The Employer agrees thatsuch deductions shall constitute Trust Funds that willbe forwarded by the Employer to the Union not laterthan the twentieth (20th) day of each and everymonth. It is understood and agreed that the Employerwill make such deductions and authorizations will besigned by the employee affected, all in accordancewith the pertinent provisions of existing law. TheUnion will furnish to the Employer the necessaryauthorization forms.


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If the Employer fails to remit to the Union thedues or other monies deducted in accordance withthis section by the twentieth (20th) day, the Employershall pay interest on such dues or other monies at therate of one percent (1%) per month beginning on thetwenty-first (21st) day, unless the Employer candemonstrate the delay was for good cause due to cir-cumstances beyond its control. The interest shall notbe assessed for an Employer’s initial failure to deductvoluntary political contributions until thirty (30) daysafter the Employer has received written notice fromthe Union of its failure to deduct.

If a signatory does not revoke his dues authori-zation at the end of the year following the date ofauthorization, or at the end of the current contract,whichever is earlier, it shall be deemed a renewal ofauthorization, irrevocable for another year, or untilthe expiration of the next succeeding contract,whichever is earlier.

ARTICLE VGrievance Procedure

1. The parties shall provide for a grievance pro-cedure to perform the following functions:

(a) To endeavor to adjust all issues not coveredby and not inconsistent with any provision of thisAgreement and which the parties are not required toarbitrate under terms of this Agreement.


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(b) To endeavor to adjust without arbitrationany issue between the parties which under thisAgreement the parties are obligated to submit to theArbitrator. The cost of administering Step IIGrievance Meetings, including the retention of amediator to facilitate resolution of grievances, shallbe borne equally by the RAB and the Union.

2. (a) The grievance may first be taken updirectly with a representative of the Employer and arepresentative of the Union.

(b) If the grievance is not resolved it may bepresented for resolution at a Step II GrievanceMeeting. Counsel for the Union and Employer maybe present at any grievance procedure meeting.

(c) If a grievance is not resolved through thesteps of the grievance procedure it may be submittedto the Arbitrator, who shall be authorized to takejurisdiction upon the request of either party if thereshall be unreasonable delay in the processing of thegrievance.

(d) Any grievance, except as otherwise provid-ed herein and except a grievance involving basicwage violations, including Pension, Health, Training,Legal and/or SRSF contributions as set forth inArticle X, shall be presented to the Employer in writ-ing within 120 days of its occurrence, except for


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grievances involving suspension without pay or dis-charge, which shall be presented within forty-five(45) days, unless the Employer agrees to an exten-sion, or the Arbitrator finds one should be granted forgood cause shown.

(e) Where a failure to compensate overtimework can be unequivocally demonstrated throughEmployer payroll records, the Union may grieve thefailure to compensate overtime for the three (3) yearperiod prior to the filing of the grievance.

ARTICLE VIArbitration

1. There shall at all times be a ContractArbitrator to decide all differences arising betweenthe parties as to interpretation, application or per-formance of any part of this Agreement and suchother issues as the parties are expressly required toarbitrate before him/her under the terms of thisAgreement. Nothing in this Agreement shall pre-clude deferral where the National Labor RelationsAct (“NLRA”) provides for deferral.

2. The fee of the Contract Arbitrator and allreasonable expenses involved in his/her functionsshall be borne fifty percent (50%) by the Employerand fifty percent (50%) by the Union, except that inthe event the Employer is in violation of any obliga-


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tion under the provisions relating to the Health,Pension, Training, Legal and/or SRSF Funds, wages,dues and initiation fees, or any other violationsinvolving damages, then the Employer shall pay thefull fee of the Contract Arbitrator and all expenses inconnection with the arbitration of the dispute, includ-ing, but not limited to, counsel fees, auditor’s fees,arbitration costs and fees and court costs, plus a min-imum of fifteen percent (15%) per annum on allmonies awarded by the Contract Arbitrator.

3. The Arbitrator shall initially schedule a hear-ing after either party has served written notice uponthe other that the grievance procedure has not result-ed in an adjustment. The oath-taking and the periodand the requirements for service of notice in the formprescribed by statute are hereby waived.

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

The Arbitrator’s award shall be made withinthirty (30) days after the hearing closes. If theArbitrator shall fail to render his/her written awardwithin said thirty (30) day period, either party mayserve a written demand upon him/her that the awardmust be made within ten (10) days after said demand.The decision shall be rendered within such addition-al ten (10) day period unless the parties consent to an


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extension in writing or an illness of the Arbitratordelays such decision. By mutual consent, the time ofboth the hearing and decision may be extended in aparticular case. In the event of a willful default byeither party in appearing before the Arbitrator, afterdue written notice shall have been given to him/her,the Arbitrator is authorized to render his/her awardupon the testimony of the adversary party.

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

4. The procedure herein outlined in respect tomatters over which the Contract Arbitrator has juris-diction shall be the sole and exclusive method for thedetermination of all such issues, and said Arbitratorshall have the power to grant any remedy required tocorrect a violation of this Agreement, including, butnot limited to damages and mandatory orders, andsaid Arbitrator shall have the further power in cases ofwillful violations (violations reflective of a deliberateintent to violate this Agreement) to award appropriateremedies, including, but not limited to, damages, allcosts and expenses incurred by the Union in the pro-cessing of the grievance and arbitration proceedings,and to issue mandatory orders, the award of theArbitrator being final and binding upon the partiesand the employee(s) involved; provided, however, thatnothing herein shall be construed to forbid either of


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the parties from resorting to court for relief from, orto enforce rights under, any arbitration award.

5. In any proceeding to confirm an award, serv-ice may be made by registered or certified mailwithin or without the State of New York as the casemay be.

6. Should either party fail to abide by an arbi-tration award within two (2) weeks after such award issent by registered or certified mail to the parties,either party may, in its sole and absolute discretion,take any action necessary to secure such award,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.

7. Grievants attending grievances and arbitra-tions during their regularly scheduled hours shall bepaid during such attendance. If the Union requiresany employee of the building to be a witness at thehearing and the Employer adjourns the hearing, theemployee witness shall be paid by the Employer forhis regularly scheduled hours during attendance atsuch hearing. This provision shall be limited to oneemployee witness.

8. No more than one adjournment per partyshall be granted by the Arbitrator without the consentof the opposing party.


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9. All Union claims are brought by the Unionalone, and no individual shall have the right to com-promise or settle any claim without the writtenpermission of the Union.

In the event that the Union appears at an arbi-tration without the grievant, the Arbitrator shallconduct the hearing provided it is not adjourned. TheArbitrator shall decide the case based upon the evi-dence adduced at the hearing.

10. There is presently an Office of the ContractArbitrator-Building Service Industry as contract arbi-trator for all disputes. It is agreed by the partieshereto that the arbitrators serving such office shallalso serve as contract arbitrators under thisAgreement. The arbitrators currently are:

John Anner, Stuart Bauchner, Noel Berman, MelissaBiren, Stephen Bluth, Howard C. Edelman, GaryKendellen, Marilyn M. Levine, Randi Lowitt, Earl

Pfeffer and David Reilly.

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


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shall be chosen by the Union and the RAB. If the par-ties are unable to agree on a successor, then theChairman of the New York State EmploymentRelations Board shall appoint a successor after con-sultation with the parties.

The cost of the Office of the ContractArbitrator shall be shared equally in a manner deter-mined by the Union and the RAB.

ARTICLE VIIStrikes, Stoppages, Lockouts

1. There shall be no work stoppage, strike,lockout or picketing, except as provided in Article I,Section 2 and Section 2, 3 and 7 of this Article. If thisprovision is violated, the matter may be submittedimmediately to the Arbitrator.

2. If an Arbitrator’s award or a judgmentagainst any Employer is not complied with withinthree (3) weeks after such award or notice if suchjudgment is given pursuant to law, is sent by regis-tered or certified mail to the Employer, at his lastknown address, the Union may order a stoppage ofwork, strike or picketing to enforce such award orjudgment and it may also compel payment of lostwages to any employee for the period he/she engagedin such activity. Upon compliance with the award orjudgment and payment of lost wages, such activityshall cease.


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3. The Union may order a work stoppage,strike or picketing where fairly claimable bargainingunit work is being performed by persons outside ofthe bargaining unit, provided that seventy-two (72)hours written or facsimile notice is given by eitherhand delivery or by facsimile to the Employer and theRAB of the Union’s intention to do so.

4. 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 the viola-tion.

5. No employee covered by this Agreementshall be required by the Employer to pass a lawfulpicket line established by any local of the ServiceEmployee International Union in an authorized strike,including a lawful picket line established by Local32BJ pursuant to an authorized strike at another joblocation.

6. The Employer will not do the work of thestriking employees if the Union is conducting anauthorized strike.

7. The Employer shall provide staffing infor-mation to the Union upon its request for any jobwhich it currently services within four (4) businessdays of the request. In the event that such informa-tion is not provided, the Union shall have the right to


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engage in a work stoppage until such information issupplied. During the period of work stoppage, theemployees shall continue to receive their regularwages and benefits.

8. 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 (includ-ing representatives of any interested Employers) shallconvene on a quarterly basis, or at the request ofeither President, to discuss any labor disputes, ofwhich they are aware, with Employers. Both partiesshall use their best efforts to notify the other party ofsuch disputes in order to provide an adequate oppor-tunity to seek to resolve such disputes.

ARTICLE VIIIDuration

This Agreement shall be effective January 1,2012 and shall expire on December 31, 2015.

With respect to guards, this Agreement shallcontinue until ninety (90) days after the expiration ofthis Agreement, but, except where otherwise indicat-ed, all economic terms negotiated between the RABand the Union in the successor agreement to this con-


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tract shall be retroactive to January 1, 2016, if thecontract shall so provide, or whatever date providedin the contract for all other employees.

Upon the expiration date of this Agreement asset forth above, this Agreement shall thereafter con-tinue in full force and effect for an extended perioduntil a successor Agreement shall have been execut-ed. During the extended period, all terms andconditions hereof shall be in effect subject to the pro-visions of this paragraph. During the extendedperiod, the RAB and the Union shall negotiate for asuccessor Agreement retroactive to the expirationdate, and all benefits and improvements in such suc-cessor Agreement shall be retroactive, if suchAgreement shall so provide. In the event the partiesare unable to agree upon terms of a successorAgreement, either party, upon three (3) days’ writtennotice to the other party, may cancel this Agreement.

ARTICLE IXMulti-Employer Bargaining

1. Employers on the Master List submitted bythe RAB to the Union at the commencement of thenegotiations shall be bound by the terms of thisAgreement.

2. If there is a bona fide sale of any memberEmployer or if there is a sale of customers or jobs, the


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successors to such business may, unless they haveotherwise indicated their intention not to be bound bythis Agreement, join the RAB and adopt thisAgreement within forty-five (45) days after suchacquisition, provided the successor Employer is notalready bound by another agreement with the Union.In the event the successor Employer is signatory to anagreement with the Union other than this Agreement,the Employer shall remain bound to the terms of thatagreement until its expiration date. If such Employerjoins the RAB it may adopt this Agreement and befully covered by its terms after expiration of its otheragreement and before execution of a new contractprovided:

(a) Notice in writing is given to the Union ofsuch adoption prior to the expiration of the other con-tract;

(b) Such Employer is not in default under theother contract; and

(c) The RAB approves such membership.

3. Employers who are newly organized by theUnion shall have forty-five (45) days to file a com-mitment to this Agreement after the Union serves arepresentation notice on the Employer with a showingof majority status of the existing employees, with acopy to the RAB.


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4. Where the time limits provided for in thisArticle are not complied with, this Agreement shallnot be applicable to such Employer unless the Unionagrees to such commitment in writing.

5. Upon request of the President of the RAB,the Union shall provide copies of any Agreementsoutside of Brooklyn, Manhattan, Staten Island orQueens that are more favorable to the Employer thanthe terms of this Agreement.

ARTICLE XHealth, Pension, Training, Legal and

Supplemental Retirement & Savings Funds

A) HEALTH FUND

1. The Employer shall make contributions to ahealth trust fund, known as the “Building Service32BJ Health Fund,” to cover employees covered bythis Agreement who work more than two (2) days perweek, with such health benefits as may be determinedby the Trustees of the Fund. The Employer may,unless rejected 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’ compensationor who are receiving statutory short term disability


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benefits, Building Service 32BJ long term disabilitybenefits or a Building Service 32BJ disability pen-sion shall be covered by the Health Fund withoutemployer contributions until they may be covered byMedicare or thirty (30) months from the date of dis-ability, whichever is earlier.

In no event shall any employee who was previ-ously covered for such health benefits lose suchcoverage as a result of a change or elimination of theHealth Fund provision extending coverage for dis-ability. In the event the provision extending coveragefor disability is discontinued for any reason, theEmployer shall be obligated to make contributions forthe duration of the period that would have otherwisebeen available.

2. Effective January 1, 2012, the rate of contri-bution to the Health Fund shall be $13,442.64 peryear for each covered employee, payable when andhow the Trustees determine.

3. Effective January 1, 2013, the rate of contri-bution to the Health Fund shall be $14,014.64 peryear for each covered employee.



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6. The parties agree that if there is governmen-tal healthcare reform mandating payment, in full orpart, by contributing Employers 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, its partic-ipants and Employers.

The parties agree that if the recently passedhealthcare reform legislation requires (i) any paymentby contributing Employers for some or all of the ben-efits already provided for in the Health Fund toparticipants 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 eligibility require-ments of or the level of benefits provided by the Fund,the parties shall recommend that the trustees revisethe plan of benefits under the Fund so that suchexcise or other tax, penalty (including assessable pay-ments), 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, penal-ty (including assessable payments), fee or otheramount are not payable, the affected Employers' con-


28

tributions to the Fund, or contributions to the otherBenefit Funds shall be reduced by the amount of suchexcise or other tax, penalty (including assessable pay-ments), fee or other amount. With respect to anyfuture governmental healthcare reform that requiresany payments described in (i) and/or (ii) in this para-graph, the bargaining parties will bargain over whatto recommend to the trustees consistent with thegoals of maintaining quality benefits and containingcosts.

7. Any Employer who has a plan in effect priorto the effective date of this Agreement which provideshealth benefits the equivalent of, or better than, thebenefits provided for herein, and the cost of which tothe Employer is at least as great, may upon agreementof the Union and RAB cover its employees under itsexisting plan in lieu of this Fund. If the Trusteesdecide the existing plan does not provide equivalentbenefits, but does provide health benefits superior toone or more types of health benefits under this Fund,the Employer may participate in the Fund wholly, orpartially for hospitalization and/or surgical coverage,and make payments to the Fund in the amount deter-mined by the Trustees uniformly for all similarlyparticipating Employers.

8. If any future applicable legislation is enact-ed, there shall be no duplication or cumulation ofcoverage and the parties will negotiate such changesas may be required by law.


9. Health Fund Study Committee

The RAB and the Union agree to continue thework of the Health Fund Study Committee convenedin accordance with the 2010 Apartment BuildingAgreement. The bargaining parties have alreadyaccepted the recommendations of the Health FundStudy Committee and recommended to the HealthFund trustees, who acted upon the recommendations,to take all legal action necessary so that (i) suchrecommended savings measures are implemented bythe Health Fund; and (ii) the Health Fund reserves donot fall below an amount equivalent to no less thansix (6) full months of benefit costs and operatingexpenses. The Health Fund Study Committee shallmeet regularly, and on an ongoing basis, to continueto monitor and review Health Fund expenditures andtrends, to evaluate and consider best practices anddevelopments in cost-effective methods of providingquality benefits for the purposes of ensuring savingsare being realized and to recommend any and allappropriate measures to modify or modulate cost-trends, and to make recommendations to thecollective bargaining parties and/or Fund Trusteesregarding potential actions including, without limita-tion, for further savings.

10. If during the terms of this Agreement, theTrustees find the payment provided herein is insuffi-cient to maintain benefits and adequate reserves for

29


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such benefits, they shall require the parties toincrease the amounts needed to maintain such bene-fits and reserves. In the event the Trustees are unableto reach an agreement on the amount required tomaintain benefits and reserves, the matter shall bereferred to arbitration pursuant to the deadlock provi-sions of the Fund’s Agreement and Declaration ofTrust. The preceding maintenance of benefits provi-sion shall be suspended for 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 unit employ-ees who are regularly employed twenty (20) or morehours per week, including paid time off. TheEmployer shall also make contributions on behalf ofother bargaining unit employees to the extent thatsuch employees work a sufficient number of hours torequire benefit accrual pursuant to Section 204 ofERISA.

Employees unable to work and who are on shortterm disability benefits or workers’ compensationshall continue to accrue pension credits withoutemployer contributions during the periods of disabil-ity up to six (6) months or the period of the disability,whichever is earlier.


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2. Effective January 1, 2012, the rate of contri-bution to the Fund shall be $86.75 per week for eachcovered employee, payable when and how theTrustees determine.

3. Effective January 1, 2013, the rate of contri-bution to the Fund shall be $90.75 per week for eachcovered employee.



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.

6. Any Employer who becomes a party to thisAgreement and who immediately prior thereto has apension plan in effect which provides benefits equiv-alent to or better than the benefits provided herein,may, upon agreement of the Union and RAB, cover itsemployees under its existing plan in lieu of this Fundand be relieved of the obligation to make contribu-


32

tions to the Fund for the period of such other cover-age.

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

8. In no event shall the Trustees or any of them,the Union or the RAB, directly or indirectly, by rea-son of this Agreement, be understood to consent tothe extinguishment, change or diminution of anylegal rights, vested or otherwise, that anyone mayhave in the 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 6 ofthis Article. Notice of the pendency of any suchaction shall be given to the Employer who maydefend the action on behalf of the indemnitee.

9. The parties agree that if there are new gov-ernmental regulations issued that implement theexcise tax provisions of the Pension Protection Act(PPA), or there is further governmental reform relat-ing to the funding of pension funds, the parties shallmeet to discuss what steps, if any, might be appropri-


33

ate to ameliorate any adverse impact on the Funds, itsparticipants and Employers. To the extent that anyEmployer covered by this Agreement, with respect toemployees covered by this Agreement, becomes sub-ject to an automatic employer surcharge or any excisetax, penalty, fee increased contribution rate or otheramount relating to the funding of the Pension Fund(but not including interest, liquidated damages, orother amounts owed as a consequence of failing tomake timely remittance of contributions to thePension Fund) under Section 432 of the InternalRevenue Code as currently enacted, then the partiesagree that the required contributions to the HealthFund, Training Fund and/or Legal Services Fund foreach Employer covered under this Agreement shall bereduced dollar for dollar by the aggregate amount ofany additional contribution and/or surchargeamounts, excise taxes, penalties, fees or otheramounts that such Employer is required to pay, asprovided in this subsection. Unless a different alloca-tion among the Funds is agreed upon in advance ofany applicable due date for such contributions by thePresidents of the RAB and Local 32BJ, such amountshall be allocated solely from the Health Fund.

C) TRAINING, SCHOLARSHIP AND SAFETY FUND

1. The Employer shall make contributions to atraining and scholarship trust fund known as the“Thomas Shortman Training, Scholarship and Safety


34

Fund” to cover employees covered by this Agreementwho work more than two (2) days per week, with suchbenefits as may be determined by the Trustees.

2. Effective January 1, 2012, the rate of contri-butions to the Thomas Shortman Fund shall be$169.60 per year for each covered employee, payablewhen and how the Trustees determine.

3. The Thomas Shortman Fund may establish aprogram to insure on-the-job safety and to assistemployees in other adjunct functions relating to theiremployment, provided that such programs shall meetthe requirements of law.

D) LEGAL SERVICES FUND

1. The Employer shall make contributions to aprepaid legal services trust fund known as the“Building Service 32BJ Legal Services Fund” tocover employees covered by this Agreement whowork more than two (2) days per week with such ben-efits as may be determined by the Trustees.

2. Effective January 1, 2012, the rate of contri-bution to the Legal Fund shall be $199.60 per year foreach covered employee, payable when and how theTrustees determine.


35

Effective January 1, 2013, the rate of contri-bution to the Legal Fund shall be $199.60 per year foreach covered employee, payable when and how theTrustees determine.



E) SUPPLEMENTAL RETIREMENT ANDSAVINGS FUND

1. The Employer shall make contributions to atrust fund known as the “Building Service 32BJSupplemental Retirement and Savings Fund” to coverbargaining unit employees who are regularlyemployed twenty (20) or more hours per week,including paid time off, with employer contributionsas hereinafter provided and tax exempt employeewage deferrals as provided by the Plan and/or Planrules. Employer contributions for other bargainingunit employees shall also be required for each week inwhich they work twenty (20) or more hours, includ-ing paid time off.


36

2. Effective January 1, 2012, the Employershall contribute $13.00 per week per covered employ-ee into the SRSF, payable when and how the Trusteesdetermine.

F) PROVISIONS APPLICABLE TO ALLFUNDS

1. If the Employer fails to make requiredreports or payments to the Funds, the Trustees may intheir sole and absolute discretion take any action nec-essary, including, but not limited to, immediatearbitration and suits at law, to enforce such reportsand payments, together with interest and liquidateddamages as provided in the Fund’s Trust Agreements,and any and all expenses of collection, including, butnot limited to, counsel fees, arbitration costs and fees,and court costs.

Any Employer regularly or consistently delin-quent in Health, Pension, Legal, Training orSupplemental Retirement and Savings Fund pay-ments may be required, at the option of the Trusteesof the Funds to provide the appropriate Trust Fundwith security guaranteeing prompt payment of suchpayments.

2. By agreeing to make the required paymentsinto the Funds, the Employer hereby adopts and shallbe bound by the Agreement and Declaration of Trust


37

as it may be amended and the rules and regulationsadopted or hereafter adopted by the Trustees of eachFund in connection with the provision and adminis-tration of benefits and the collection of contributions.

The Trustees of the Funds shall make suchamendments to the Trust Agreements, and shall adoptsuch regulations, as may be required to conform toapplicable law, and which shall in any case providethat employees whose work comes within the juris-diction of the Union (which shall not be considered toinclude anyone in an important managerial position)may only be covered for benefits if the building inwhich they are employed their Employer has a collec-tive bargaining agreement with the Union. Anydispute about the Union’s jurisdiction shall be settledby the Presidents of the Union and RAB.

3. There shall be no Employer contribution tothe Funds on behalf of employees during their firstthree (3) months of employment, except as providedin Article XVI, Section 12(b), with respect to theBuilding Service Pension and SupplementalRetirement and Savings Funds.

4. The parties agree that the Presidents of theUnion and RAB may determine, in their discretionand upon mutual consent, prior to the beginning ofthe contract years beginning January 1, 2012, January1, 2013, January 1, 2014 and January 1, 2015 to


38

divert any portion of the scheduled contributions inany of the Funds to any other Funds.

ARTICLE XIClassification and Wages

A) CLASSIFICATIONS

1. Buildings are classified as A, B or C build-ings, according to the following definitions:

(a) Class A building – gross area of more than280,000 square feet.

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

(c) Class C building – gross area of less than120,000 square feet.

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

Gross area of an entire floor shall be computedby measuring from the inside plaster surfaces of allexterior walls of space encompassed in a tenant’s


39

premises, including columns, corridors, toilets, slopsinks, elevator shafts, etc., except that space reservedfor the fire tower court.

3. Gross area of an OFFICE building is thesum total of areas existing on the various floors of thebuilding, including the basement space, but excludingthat portion of the penthouse used for machinery andappurtenances of the building and that portion of thebasement used for the public utilities and generaloperation of the property.

Gross area of an entire floor shall be computedby measuring from the inside plaster surfaces of allexterior walls of space used by the tenant on the floor,including columns and corridors, but excluding toi-lets, porter’s closets, slop sinks, elevator shafts, stairs,fire towers, vents, pipe shafts, meter closets, flues andstacks, and any vertical shafts and their enclosingwalls. No deductions shall be made for columns,pilasters or projections necessary to the building.

B) WAGES

1. In the first pay period after the Union pro-vides the RAB with notice that its membership hasratified this Agreement, each regular employee cov-ered hereunder shall receive a lump-sum bonus of$600.00, minus applicable taxes, withholdings anddeductions.


40

Effective January 1, 2012, the minimum regu-lar wage rates shall be:

Minimum Wage RatesJanuary 1, 2012 – December 31, 2012

OFFICE BUILDINGSRegular 40 Hour

Hourly Rate WageCLASS A

HANDYPERSONS $24.773 $990.92FOREPERSONS $24.6605 $986.42STARTERS $24.6605 $986.42OTHERS $22.648 $905.92*GUARDS $21.191 $847.64

CLASS BHANDYPERSONS $24.742 $989.68FOREPERSONS $24.6295 $985.18STARTERS $24.6295 $985.18OTHERS $22.617 $904.68*GUARDS $21.191 $847.64

CLASS CHANDYPERSONS $24.698 $987.92FOREPERSONS $24.5855 $983.42STARTERS $24.5855 $983.42OTHERS $22.573 $902.92*GUARDS $21.191 $847.64

*Guards hired prior to January 25, 1978 shall receivethe rate of “Others.”


January 1, 2012 - December 31, 2012LOFT BUILDINGS

Regular 40 HourHourly Rate Wage

CLASS AHANDYPERSONS $24.723 $988.92FOREPERSONS $24.6295 $985.18STARTERS $24.6295 $985.18OTHERS $22.617 $904.68*GUARDS $21.191 $847.64

CLASS BHANDYPERSONS $24.650 $986.00FOREPERSONS $24.5805 $983.22STARTERS $24.5805 $983.22OTHERS $22.568 $902.72*GUARDS $21.191 $847.64



41


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2. Effective January 1, 2013, each employeecovered by this Agreement shall receive a wageincrease of $0.325 for each regular straight-time hourworked.

Additionally, the minimum hourly rate differen-tial for handypersons, forepersons and starters (whichshall include all employees doing similar or compara-ble work by whatever title known) shall be increasedby $0.05 respectively for each straight-time hourworked to the extent necessary to bring them up to thecontract minimum.

Effective January 1, 2013, the minimum regu-lar wage rates shall be:


OFFICE BUILDINGS


CLASS AHANDYPERSONS $25.148 $1,005.92FOREPERSONS $25.0355 $1,001.42STARTERS $25.0355 $1,001.42OTHERS $22.973 $ 918.92*GUARDS $21.516 $ 860.64


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CLASS BHANDYPERSONS $25.117 $1,004.68FOREPERSONS $25.0045 $1,000.18STARTERS $25.0045 $1,000.18OTHERS $22.942 $ 917.68*GUARDS $21.516 $ 860.64

CLASS CHANDYPERSONS $25.073 $1,002.92FOREPERSONS $24.9605 $ 998.42STARTERS $24.9605 $ 998.42OTHERS $22.898 $ 915.92*GUARDS $21.516 $ 860.64


January 1, 2013 - December 31, 2013LOFT BUILDINGS




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CLASS BHANDYPERSONS $25.025 $1,001.00FOREPERSONS $24.9555 $ 998.22STARTERS $24.9555 $ 998.22OTHERS $22.893 $ 915.72*GUARDS $21.516 $ 860.64



3. In the first pay period after July 1, 2013, eachregular employee covered by the Agreement shallreceive a lump-sum bonus of $500.00, minus applica-ble taxes, withholdings and deductions.

4. Effective January 1, 2014, each employeecovered by this Agreement shall receive a wageincrease of $0.45 for each regular, straight-time hourworked.


45


Minimum regular wage rates shall be:


OFFICE BUILDINGS






CLASS CHANDYPERSONS $25.573 $1,022.92FOREPERSONS $25.4605 $1,018.42STARTERS $25.4605 $1,018.42OTHERS $23.348 $ 933.92*GUARDS $21.966 $ 878.64


January 1, 2014 – December 31, 2014LOFT BUILDINGS




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5. Effective January 1, 2015, each employeecovered by this Agreement shall receive a wageincrease of $0.50 for each regular, straight-time hourworked.



48

Minimum regular wage rates shall be:


OFFICE BUILDINGS







49

January 1, 2015 – December 31, 2015LOFT BUILDINGS







50

6. The minimum regular hourly wage rates forRoute jobs shall then be as hereunder set forth:

ROUTE WORKJanuary 1, 2012 – December 31, 2012


CLASS AHANDYPERSONS $24.039 $961.56FOREPERSONS $23.9265 $957.06STARTERS $23.9265 $957.06OTHER $21.714 $868.56*GUARDS $20.5065 $820.26




CLASS AHANDYPERSONS $24.414 $976.56FOREPERSONS $24.3015 $972.06STARTERS $24.3015 $972.06OTHER $22.039 $881.56*GUARDS $20.8315 $833.26



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CLASS AHANDYPERSONS $24.914 $996.56FOREPERSONS $24.8015 $992.06STARTERS $24.8015 $992.06OTHERS $22.489 $899.56*GUARDS $21.2815 $851.26







52

7. Effective January 1, 2013, in the event thatthe percentage increase in the cost of living[Consumer Price Index for the City of New York –Metropolitan Area (New York-New Jersey) UrbanWage Earners and Clerical Workers] from November2011 to November 2012 exceeds 6.5%, then, in thatevent, an increase of $.10 per hour for each full 1%increase in the cost of living in excess of 6.5% shallbe granted effective for the first full work week com-mencing after January 1, 2013. In no event shall saidincrease pursuant to this provision exceed $.20 perhour. In computing increases in the cost of livingabove 6.5% less than .5% shall be ignored andincreases of .5% or more shall be considered a fullpoint. Any increases hereunder shall be added to theminimum.

Effective January 1, 2014, 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 Earnersand Clerical Workers] from November 2012 toNovember 2013 exceeds 6%, then, in that event, anincrease of $.10 per hour for each full 1% increase inthe cost of living in excess of 6% shall be grantedeffective for the first full work week commencingafter January 1, 2014. In no event shall said increasepursuant to this provision exceed $.20 per hour. Incomputing increases in the cost of living above 6%less than .5% shall be ignored and increases of .5% or


53

more shall be considered a full point. Any increaseshereunder shall be added to the minimum.

Effective January 1, 2015, 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 Earnersand Clerical Workers] from November 2013 toNovember 2014 exceeds 6%, then, in that event, anincrease of $.10 per hour for each full 1% increase inthe cost of living in excess of 6% shall be grantedeffective for the first full work week commencingafter January 1, 2015. In no event shall said increasepursuant to this provision exceed $.20 per hour. Incomputing increases in the cost of living above 6%less than .5% shall be ignored and increases of .5% ormore shall be considered a full point. Any increaseshereunder shall be added to the minimum.

8. In filling vacancies by replacements, thereplacement employee shall receive the same wagesas the employee replaced unless otherwise providedin this Agreement (excluding guards hired on or afterJanuary 25, 1978), excluding extra pay attributable toyears of service or special consideration beyond therequirements of the job which the replacement is notqualified to meet.


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ARTICLE XIIHours and Overtime

1. All employees shall be paid at the rate oftime and one-half for all hours worked in excess ofeight (8) hours per day or forty (40) hours per week,whichever is greater.

2. Saturday and Sunday are premium days forall employees (excluding guards hired on or afterJanuary 25, 1978) and work performed on such daysshall be paid for at the rate of time and one-half theregular, straight-time hourly rate of pay.

In determining whether an employee’s workshift is to be considered as falling on Saturday orSunday, for the purpose of premium pay, it is under-stood that the meaning of Saturday or Sunday workshall be the same as now applies or, where there is nosuch practice, shall be based upon the holiday premi-um pay practice.

In newly constructed buildings, employeeswhose regular shifts include work on Saturday orSunday shall not receive weekend premium pay forwork on those days. This shall not affect eligibilityfor other premium pay for which the employees mightotherwise qualify, including but not limited to over-time pay.


55

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

Employees, other than those referred to in theparagraph above, the majority of whose hours fallbetween 7 p.m. and 6 a.m., shall receive a fifteen (15)minute relief/lunch period. At the option of theEmployer, the employees who work seven (7) hoursor more per day shall, in addition to their regular payfor scheduled hours, receive either additionalstraight-time pay for one-half (1/2) hour or berelieved one-half (1/2) hour earlier. Employees work-ing six (6) hours per day, shall receive an additionaltwenty-five (25) minutes straight-time pay or berelieved twenty-five (25) minutes earlier. Employeesworking five (5) hours per day, shall receive an addi-tional fifteen (15) minutes straight-time pay or berelieved fifteen (15) minutes earlier. This changeshall in no way affect the overtime provisions of thecontract, nor affect the Employer’s right to reschedulehours to provide necessary continuity of coverage.

This Section 3 shall not apply to employeesengaged in Route Work for whom relief periods andluncheon recess shall continue as in the past.


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4. Except for required relief periods and lunch-eon recess, hours of work in each day shall becontinuous and no employee shall be required to takea relief period or time off in any day in excess of therequired relief periods and said luncheon recess,without having said excess relief period or time offcharged as working time. There shall be no splitshifts.

5. Any employee called in to work by theEmployer for any time not consecutive with his regu-lar schedule shall be paid for at least four (4) hoursovertime.

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

7. No regular employee or his or her replace-ment shall have his or her regular working hoursreduced in order to effect a corresponding reductionin pay.

Any employee classified as “other” who substi-tutes for an absent “foreperson” for more than four(4) hours shall receive the “foreperson” wage rate forthe entire shift.

Employees required to work overtime shall bepaid at least one (1) hour at the applicable rate, except


57

for employees working overtime due to absenteeismor lateness.

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.

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

9. No overtime shall be given for disciplinarypurposes. An Employer shall not require an employ-ee to work an excessive amount of overtime.

10. The Employer agrees to use its best effortsto provide a minimum of sixteen (16) hours offbetween shifts for its employees.

ARTICLE XIIIManagement Rights and Obligations;

Seniority and Job Security

1. (a) The Union recognizes the right of theEmployer to direct and control its policies, subject tothe provisions of this Agreement.

(b) The Union and its members will cooperatewith the Employer within the provisions of this


58

Agreement to facilitate the efficient operation ofjobs.

(c) If an employee is removed from a locationat the good faith demand of a customer, the Employermay remove the employee from further employmentat that location, provided there is a good faith reasonto justify such removal, apart from the demand itself.Upon the Union’s request, the Employer will advisethe Union of information it has relating to the cus-tomer’s complaint and make reasonable efforts tosecure from the customer a written confirmation ofthe customer’s request. Unless the Employer hascause to discharge the employee, the Employer willplace the employee in a similar job at another facilitywithin the same county covered by this Agreement,(unless the Union and the Employer shall agree toplace the employee in a similar job in a differentcounty covered by this Agreement) without loss ofentitlement seniority or reduction in pay or benefitsand pay Displacement Pay to such employee equiva-lent to the Termination Pay schedule set forth inArticle XVI, Section 26 (a), but not less than two (2)weeks’ pay.

In the event an employee is transferred toanother building and is not filling a vacant position,the Employer shall seek volunteers on the basis ofseniority within the job title. If there are no volun-teers, the junior employees shall be selected for


59

transfer and receive the same Displacement Pay andprotection afforded to the transferred employee. Inthe event an employee is terminated pursuant to thissection, the Employer must raise the issue of transferin such termination arbitration.

(d) With respect to all jobs contracted for bythe Employer where members of the Union wereemployed when the contract was acquired, it is agreedthat the Employer shall retain at least the same num-ber of employees, the same employees, under thesame work schedule and assignments including start-ing times of each employee, except where this is anappreciable decrease in the work to be done accord-ing to the job specifications or the customer’srequirements.

(e) The Employer shall not, on any job,decrease the number of employees and/or the hourlywork schedule except where there is an appreciabledecrease in the work to be done according to the jobspecifications or the customer’s requirements.

(f) In the event the Employer desires todecrease the number of employees and/or hourlywork schedule on any job specified in (d) or (e)above, he must, before doing so, request suchdecrease in writing from the Union President andobtain the written consent of the Union. The Union’sdiscretion with respect to the granting or denying of


60

such consents shall be absolute and not subject toarbitration.

A reduction in force without the consent of theUnion shall be a violation of the Agreement and theEmployer shall be required to restore the work forcewith full back pay and benefits to any employees laidoff. To the extent that employees were not laid off,back pay or the remainder theretofore shall be divid-ed amongst the remaining employees in the building.

The arbitrator shall not grant any adjournmentsof reduction in force cases without mutual consent.

(g) The Employer shall follow and be bound bythe rules of seniority of all members of the bargainingunit theretofore employed on all jobs, in respect to jobsecurity, promotion, accrued vacations and other ben-efits.

(h) For any violation by the Employer of theaforementioned provisions, which deal with thenecessity of obtaining the written consent of theUnion regarding any decrease in the number ofemployees and/or hourly work schedules and mainte-nance of conditions on all jobs, the Employer shallpay the full fee of the Contract Arbitrator and allexpenses in connection with the arbitration of the dis-pute.


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(i) Any Employer who adds employees to anyjob in anticipation of being terminated from that jobshall be required to place the added employees on itspayroll permanently. These employees shall notreplace any regular employees already on the payrollof the Employer.

(j) In the event the Employer reduces staff inany job without the consent of the Union and subse-quently loses that job to another Employer, theEmployer making the reduction shall be responsiblefor the wages and benefits, of all employees soreduced, from the date of the unauthorized reduction,until the current Employer is legally able to renegoti-ate its contract with the customer. From that pointforward, the current Employer shall restore thestaffing to its original level.

(k) In the event that the Employer desires toimplement a reduction in work force among itsemployees working in office buildings for any one ofthe following reasons:

(1) a change in work specification or workassignment which results in a reduction of work;

(2) elimination of all or part of specified work;(3) the tenant performing the work itself;(4) introduction of technological advances;(5) change in the nature or type of occupancy.


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It may do so provided that it can demonstrate toa special committee consisting of the President of theUnion, or his designee, and the President of the RAB,or its designee, that such reduction is justified. Inmaking its determination, the Committee shall con-sider whether the requested reduction is accompaniedby a corresponding reduction in work, existing pro-ductivity levels in the building and any other factorswhich the Committee may deem relevant. No reduc-tion may be implemented without the unanimousagreement of the Committee. The decision of theCommittee shall be final and binding and not review-able under the arbitration provisions of thisAgreement.

The Committee shall be convened upon thewritten request of the Employer. The written requestmust be made to the President of the Union and thePresident of the RAB, by registered or certified mail(return receipt requested). The Committee must beconvened within sixty (60) days of the receipt of suchwritten request. In the event that the Committee isnot convened by the sixtieth (60th) day and theEmployer is still requesting a reduction in force, itshall serve another written notice on the Presidents ofthe Union and the RAB by registered or certified mail(return receipt requested) that it intends to implementthe reduction within ten (10) days. If the Committeedoes not convene within ten (10) days after suchnotice (except for adjournments requested by the


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Employer or the RAB) the reduction in force may beimplemented as provided herein.

2. As to buildings where the building ownerand/or agent is committed to the 2012 CommercialBuilding Agreement between the RAB and the Unionor the building owner and/or agent signed the 2012Independent Office or Loft Agreement with theUnion and agrees to be bound thereby, all the termsof this Agreement shall apply, except that the provi-sions of this Article XIII, paragraph 2, subsections (a)through (d) shall apply, however, these provisionsshall not apply to Route Work.

(a) HOURS – Employees on the payroll on orbefore January 1, 1978, shall not have their scheduledhours reduced. Employees on the payroll on orbefore January 1, 1978, shall not have their scheduledhours increased by more than one (1) hour a day with-out the written consent of the Union. Where feasible,the additional hour shall be applied to the first part ofthe work schedule. The Employer shall give theUnion three (3) weeks’ written notice of any changeof scheduled hours, except in the case of temporarychanges. This provision shall not prevent theEmployer from working employees overtime.Employees employed after January 1, 1978, shallwork such hours as may be assigned by the Employerprovided they are five (5) consecutive days a week,except for guards as defined in this Agreement.


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(b) FLEXIBILITY – All new employees maybe offered and assigned to any cleaning duty in thebuilding, provided that it does not exceed a reason-able day’s work.

Present office cleaning employees may beassigned to any cleaning duty on office floors provid-ed:

(1) that the Employer give the Union three (3)weeks written notice of any new assignments, exceptfor temporary assignments; and

(2) that the Employer shall not assign employ-ees to workloads or work duties requiring unusualphysical exertion, strength or dexterity.

This provision shall not be applied by theEmployer to substantially increase workloads or sub-stantially alter duties so as to require any employee toperform more than a reasonable day’s work.

If the Union grieves and/or arbitrates a disputepursuant to this provision, the Employer in such arbi-tration shall have the burden of showing that only areasonable day’s work as provided above is requiredof the employee.

(c) SICK PAY – An employee absent from dutydue to illness only on a scheduled workday immedi-


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ately before and/or only on the scheduled workdayimmediately after a holiday shall not be eligible forsick pay for said absent workday or workdays.

(d) WORK OF ABSENTEES – Where throughabsenteeism there are insufficient employees to serv-ice the building, the Employer may:

(1) request service employees in the buildingto work additional time over and above their workschedule; or

(2) employ additional or extra employees toperform the work (additional time over and abovework scheduled shall not be mandatory unless theEmployer cannot satisfactorily fill the work require-ments from service employees in the building on avoluntary basis. In such event, work over and abovethe regular work schedule shall be in reverse order ofseniority); or

(3) request employees in the building to per-form work of an absent employee, on a voluntarybasis, during their regular working hours.

Employees in the building assigned to performabsentee work as described in subparagraph (3) here-of shall be paid straight-time pay, in addition to theirregular daily pay, for each hour of work performed inthe absent worker’s section. Employees assigned to


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perform absentee work under subparagraph (3) here-of shall only be required to perform an amount ofwork appropriate to the number of hours assigned,e.g., if an employee is assigned to work one hour inan absentee section which is normally cleaned in six(6) hours. The employee shall only be required to doone-sixth (1/6) of the normal work load in that sec-tion.

Employees performing absentee work undersubparagraph (1), (2), or (3) above shall be givenwritten instructions as to the work to be performed inabsentee sections upon the request of the Union.

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

(e) WORKERS’ COMPENSATION – Inaccordance with Article 10-A of the New YorkWorkers’ Compensation Law, §350 et seq., theEmployer shall be permitted to contract with a pre-ferred provider organization (PPO) to deliver allmedical services mandated by the Workers’Compensation Law. The Employer and employeesmay exercise all rights granted to them under Article10-A.

(f) LEAVES OF ABSENCE – Article XVI,General Clauses, Section 14 notwithstanding,employees who meet with accidents or become ill


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shall not be entitled to a medical leave of absencewhich exceeds six (6) months, subject to an extensionnot exceeding an additional 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 week’s prior written notice to the Employer, bethen re-employed with no seniority loss.

In cases involving on-the-job injuries, employ-ees who are on medical leave for more than one (1)year may be entitled to return to their job if there isgood cause shown.

This provision shall not apply to employeeswho commenced a medical leave of absence prior toMarch 1, 2002.

3. Section 2 above, shall not apply to “soleoccupant” buildings as defined in Article I, Section 7(b).

4. Employees cannot be transferred from onebuilding to another building, or have their regularwork assignments or stations changed, without theconsent of the Union.


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ARTICLE XIVJoint Industry Advancement Project

The Union and the RAB recognize that theyhave a common interest in pursuing efforts that willpromote development and growth in the real estateindustry, as growth and development (1) create afavorable business environment for real estate indus-try employers and provide enhanced jobopportunities; (2) strengthen communities and NewYork City’s economy; and (3) provide a path for aviable future for New York City. The Union and theRAB agree to establish this Joint IndustryAdvancement Project to further their common inter-est, upon the following terms:

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

2. The Board of Directors of the Project shallmeet at least quarterly, or more frequently if the co-chairs so direct. No action may be taken by theProject except upon unanimous consent. Voting shallbe by blocks, the five Union-appointed Directors col-lectively shall cast one vote, and the fiveRAB-appointed Directors collectively shall cast onevote.


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3. The Project may hire employees and contractfor services, including accounting and legal services,provided that no financial, contractual or other obli-gation may be incurred by the Project except upon avote 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

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

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

7. The Union and the RAB agree that they shallrefrain, insofar as practicable and except as warrant-ed by a change of circumstances, from takingpositions on issues contrary to the positions taken bythe Project.


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

ARTICLE XVNew Development

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


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ARTICLE XVIGeneral Clauses

1. DIFFERENTIALS AND NO LOWERING OFSTANDARDS

Existing wage differentials among classes ofworkers within a building shall be maintained. It isrecognized that wage differentials other than thoseherein required may now or hereafter arise or existbecause of pay rates above the minimum required bythis Agreement.

All employees enjoying higher wages, higherbenefits or better working conditions than providedfor herein, either pursuant to a prior collective bar-gaining agreement or otherwise, shall continue toenjoy at least the same. This Article shall not apply ifthe changes result from consolidations effectuatedunder the terms of this Agreement or to guards hiredon or after January 25, 1978.

When an employee possesses considerablemechanical or technical skill and devotes more thanseventy-five percent (75%) of his working time in thebuilding to work involving such skill, the wage rateshall be determined by mutual agreement between theEmployer and the Union. Such an employee shallreceive a wage of not less than ten dollars ($10.00)per week above the contract minimum rate for ahandyperson.


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It is understood that licensed engineers coveredunder this Agreement shall constitute a separate bar-gaining unit and shall receive the same wages andbenefits as paid to engineers under the RealtyAdvisory Board (RAB) agreement covering licensedengineers in New York City except that pension,health, legal and training fund contributions shallcontinue to be paid under the terms of thisAgreement.

If the Employer and the Union cannot agreeupon the rate of pay of such employee, or in caseswhere an obvious inequity exists because of anemployee’s regular application of specialized abilitiesin his work, the amount or correctness of the differen-tial may be determined by arbitration.

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, com-pensation shall be computed on the basis giving thegreatest amount.

3. HOLIDAYS

The following are the recognized contractholidays:


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Holiday 2012 2013 2014 2015

New Year’s Day Jan. 2 Jan. 1 Jan. 1 Jan. 1Monday Tuesday Wed. Thurs.

Washington’s Birthday/ Feb. 20 Feb. 18 Feb. 17 Feb. 16President’s Day Monday Monday Monday Monday

Good Friday April 6 March 29 April 18 April 3Friday Friday Friday Friday

Memorial Day May 28 May 27 May 26 May 25Monday Monday Monday Monday

Independence Day July 4 July 4 July 4 July 3Wed. Thursday Friday Friday

Labor Day Sept. 3 Sept. 2 Sept. 1 Sept. 7Monday Monday Monday Monday

Columbus Day Oct. 8 Oct. 14 Oct. 13 Oct. 12Monday Monday Monday Monday

Thanksgiving Day Nov. 22 Nov. 28 Nov. 27 Nov. 26Thursday Thursday Thursday Thursday

Day after Thanksgiving Nov. 23 Nov. 29 Nov. 28 Nov. 27Friday Friday Friday Friday

Christmas Day Dec. 25 Dec. 25 Dec. 25 Dec. 25Tuesday Wed. Thursday Friday


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Elective Holidays 2012 2013 2014 2015

Martin Luther King Day Jan. 16 Jan. 21 Jan. 20 Jan. 19Monday Monday Monday Monday

Yom Kippur Sept. 26 Sept. 14 Oct. 4 Sept. 23Wed. Saturday Saturday Wed.

Eid al-Fitr Aug. 19 Aug. 8 July.29 July 18Sunday Thursday Tuesday Saturday

September 11 Sept. 11 Sept. 11 Sept. 11 Sept. 11(Day of Remembrance) Tuesday. Wed. Thursday Friday

For employees performing Route Work,Lincoln’s Birthday and Election Day shall be holidaysin place of Good Friday and the day afterThanksgiving.

There shall be one (1) additional holiday ineach contract year, which shall be Martin Luther KingDay, Yom Kippur, Eid al-Fitr or September 11 (Day ofRemembrance) or a personal day at the option of theemployee. The personal day shall be scheduled inaccordance with paragraphs 3 and 4 below.

For employees performing Building Work,where the major occupants are operating on GoodFriday and/or the Day after Thanksgiving, Lincoln’sBirthday and/or Veterans Day may be substituted forsuch days provided notice is given to the Union on orbefore March 1 of each year.


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For employees performing Route Work, theEmployer shall have the option of substituting GoodFriday and/or the Day after Thanksgiving forLincoln’s Birthday and/or Election Day, providednotice is given to the Union on or before February 1of each year.

The Employer shall post the holiday scheduleon the bulletin board, and it shall remain postedthroughout the year. Washington’s Birthday, GoodFriday, Columbus Day and the Day afterThanksgiving may be treated as personal days ratherthan fixed holidays for employees performingBuilding Work and Lincoln’s Birthday, Washington’sBirthday, Columbus Day and Election Day may betreated as personal days rather than fixed holidays foremployees performing Route Work, under the follow-ing conditions:

(1) Prior to February 1st each year, each build-ing may designate one or more such days as apersonal day upon written notice to the Union and theemployees. Failure to so designate shall be deemedagreement to leave such days as fixed holidays.

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


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

(4) Employees entitled to personal days whodo not use such a day or days in a calendar year mustuse such day or days off during the first six (6)months of the following year provided however, thatthe Employer inform in writing both the employeeand the Union by January 31st of such succeedingyear that such days are available and will be lost if notused prior to July 1st of that year.

It is understood and agreed that whatever holi-days are negotiated between the Union and the RABin the successor agreement to the 2012 CommercialBuilding Agreement shall apply from January 1,2016, until the renewal of this Agreement.

Employees shall receive their regular, straight-time hourly rates for the normal day not worked, and,if required to work on a holiday, shall receive in addi-tion to the pay above mentioned, premium pay at therate of time and one-half their regular, straight-timehourly rate of pay for each hour worked, with a mini-mum of four (4) hours premium pay. Any employee


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who is required to work on a holiday beyond eight (8)hours shall continue to receive the compensationabove provided for holiday work, namely, pay at theregular straight-time rate plus premium pay at timeand one-half the regular, straight-time rate.

Any regular, full time employee ill in any pay-roll week in which a holiday falls shall receiveholiday pay or one day off if he worked at least oneday during said payroll week.

Any regular employee whose regular day off, orone of whose regular days off, falls on a contract hol-iday, shall receive an additional day’s pay therefore,or, at the option of the Employer, shall receive anextra day off with pay within a period of ten (10) daysprior to or ten (10) days after said regular day off, pro-vided that said extra day off is granted in conjunctionwith the employee’s two regular days off so that theemployee receives a minimum of three (3) consecu-tive days off. If the employee receives the extra dayoff before the holiday and his employment is termi-nated for any reason, he need not compensate theEmployer for that day.

A holiday shall be considered as a day workedfor the purpose of computing overtime pay.


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4. VOTING TIME

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

5. PERSONAL DAY

All employees shall receive a personal day ineach contract year.

This personal day is in addition to the holidayslisted in Section 3 above. The personal day shall bescheduled in accordance with the following provi-sion:

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

6. WORK OF ABSENTEES

(a) In the event an employee is absent fromwork, the employee’s specific assignment for a dayshall be reassigned to another employee or employ-ees, and such assignment shall be worked and paid foron the basis of the same hours and pay of the original


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assignment. The above language is interpreted as fol-lows:

The Employer must pay for the full amount ofhours that were regularly scheduled for thesection or space where an employee is absent.If the schedule is six hours for the space, sixemployees must be employed within their ownregular schedule and get one hour each. Iffour such employees be employed, the fourmust be employed within their own regularschedule and get 1 1/2 hours each. If threesuch employees are employed, the three mustbe employed within their own regular sched-ule and get two hours each. If two suchemployees are employed, the two must beemployed within their own regular scheduleand get three hours each. This formula willapply on a pro rata basis if the space is sevenhours, five hours, four hours, and so on, sothat the Employer pays no more or no less forthe work schedule of the absent employee.

(b) Extra time is to be rotated so that everyemployee who wishes to work on extras will get theproper amount due such employee.

(c) If during the rotation schedule, for any rea-son an employee refuses to work on extras, suchemployee must go to the bottom of the rotation list. Ifthe employee continues to refuse to work on extras,


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such employee can be, on due notice from the ShopSteward or the Union, taken off the rotation schedule.

(d) This Section 6 shall not apply to employeesin newly constructed buildings.

7. WORK SCHEDULES AND WORKLOADS

(a) If the Union initiates a grievance under thisAgreement relating to a work schedule and requeststhe Employer to furnish a work schedule, theEmployer must promptly furnish to the Union saidwork schedule in writing for all its employees. Thiswork schedule shall include, but not be limited to, set-ting forth the number of work hours of eachemployee, the square footage within each employee’sarea, the type and quality of work, and frequency ofperformance of duties required for each employee.

(b) 1. The Employer shall not impose an undu-ly burdensome workload on any employee covered bythis Agreement. The Union shall have the right togrieve and arbitrate any workload complaints. If theArbitrator finds that the challenged workload isunduly burdensome, the Arbitrator shall order areduction in such workload and other remedies theArbitrator deems appropriate.

2. The Employer shall not, in any building inwhich it currently cleans or which it acquires in the


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future, impose a productivity level on office cleanerswhich exceeds an average of four thousand (4,000)square feet per hour.

Average square feet per hour shall be computedby dividing the total number of man hours per dayinto the total cleanable square feet of the building.

This provision is intended to establish maxi-mum productivity rates and is not to be construed aspermitting the increase in productivity rates in build-ings where productivity rates are below the maximumestablished herein.

3. In the event an Employer violates thisArticle, it shall be required to reduce productivityrates to conform to the maximum permitted hereun-der and pay to each employee it employs in thebuilding an amount equal to his or her wages multi-plied by the percentage that the average productivityrate exceeds the maximum for the total period of suchviolation.

4. In the event an Employer feels that there areextenuating circumstances in a building which wouldjustify exceeding the maximum productivity rate, itmay request the President of the Union to waive themaximum productivity rate in such building(s). ThePresident of the Union may in his/her sole and com-plete discretion grant or deny such request. His/her


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decision shall not be subject to grievance or arbitra-tion. No such request shall be deemed granted unlessit is in writing and signed by the President of theUnion.

8. SCHEDULES/RELIEF PERIODS

Overtime, Saturday, Sunday and holiday workshall be evenly distributed so far as compatible withefficient operation of the building, except whereSaturday or Sunday is a regular part of the workweek.Preference for Saturday and Sunday work shall begiven to the regular, full-time employees.

It is recognized by the Employer that the pres-ent practice with respect to rest periods for employeesshall continue.

9. RELIEF EMPLOYEES

Relief or part-time employees shall be paid thesame hourly rate as provided for full time employeesin the same occupational classification.

10. METHOD OF PAYMENT OF WAGES

All wages, including overtime, shall be paidweekly in cash or by check with an itemized state-ment of payroll deductions. If a regular payday fallson a holiday, employees shall be paid on the preced-ing day.


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All of the payroll books kept by the Employermust show the number of hours of straight time perday, the number of hours of overtime per day, and thehourly rate of pay.

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

In the event an Employer’s check to an employ-ee for wages is returned due to insufficient funds ona bona fide basis twice within a year’s period, theEmployer shall be required to pay all employees bycash or certified check.

Pay envelopes shall contain entries showing thenumber of straight-time hours, the number of over-time hours, all deductions and net pay.

Employees paid by check who work during reg-ular banking hours shall be given reasonable time tocash their checks exclusive of their break and lunchperiod. The Employer shall make suitable arrange-ments at a convenient bank for such check cashing.

The Union recognizes that certain employeesand Employers desire to utilize a bi-weekly payrollschedule. Employers recognize that bi-weekly pay


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may create hardships for certain employees. The par-ties have previously agreed to create an industry-widecommittee to study the bi-weekly pay issue. Theindustry-wide committee is now authorized to con-duct pilot programs instituting bi-weekly pay at anyselected site(s) where the Union and the Employeragree to institute bi-weekly pay.

11. SENIORITY AND LAYOFF

In the event of layoff due to reduction of force,the inverse order of department or job classificationseniority shall be followed, except as provided inTermination Pay, General Clause 26, with due consid-eration for efficiency and special needs of adepartment.

Except as provided hereafter, an employee laidoff as a result of reduction in force in a building maybump the employee in the company with the leastseniority among employees covered by the respectiveBuilding or Route Agreement.

However, an employee hired as a temporarywho works less than five (5) months may be laid offif such temporary employee is the junior employee inthe building. In no event shall the temporary employ-ee have the right to bump another employee fromanother building.


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Continuity of employment for all purposes,including, but not limited to, vacation, sick pay,Service Center visits and termination pay, shall not bebroken unless the employee severs his employment atthe building and with the Employer simultaneously.

Seniority of an employee shall be based upontotal length of service with the Employer or in thebuilding, whichever is greater, except as provided inGeneral Clause 17 (Vacations).

Nothing contained in this section shall be con-strued in such a manner as to permit an employee tobump a less senior employee working for anotherEmployer in the same building.

The seniority date for all positions under theAgreement shall be the date the employee com-menced working in the building for the Employer,building agent and/or owner, regardless of whetherthere was a collective bargaining agreement andregardless of the type of work performed by theemployee.

12. REPLACEMENTS, PROMOTIONS, VACAN-CIES, TRIAL PERIOD AND NEWLY HIREDEMPLOYEES

(a) In filling vacancies or newly created posi-tions in the bargaining unit, preference shall be given


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to those employees already employed in the building,based upon the employee’s seniority, but training,ability and appearance, where required, shall also beconsidered. For the purpose of this provision,employees already employed in the building shall bedeemed to include guards.

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

Nothing contained in this section shall be con-strued in such a manner as to entitle an employee tofill a vacancy or newly created position with anotherEmployer in the same building.

Anyone employed as a vacation replacement,extra or contingent with substantial regularity for aperiod of four (4) months or more shall receive pref-erence for steady employment.


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Floaters will be given preference in respect tothe filling of permanent jobs in one location.

If a present employee cannot fill the job vacan-cy, the Employer must fill the vacancy in accordancewith the other terms of this Collective BargainingAgreement.

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

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

(b) Effective on or after February 4, 1996, anew hire employed in the guard or “other” categoryshall be paid a starting rate of eighty percent (80%) ofthe minimum regular hourly wage rate, and thatnotwithstanding Article XI Section B, the rates for thethirty (30) month new hire period shall reflect annualincreases of eighty percent (80%) of the annualincrease.

Upon completion of thirty (30) months ofemployment, the New Hire shall be paid the full min-imum wage rate. For purposes of this provision,thirty (30) months of employment shall include eachmonth (counting portions of a month in excess of fif-teen (15) days as a full month but excluding


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employment as a vacation relief unless such vacationrelief work immediately precedes permanent hire asnoted in Section 17(b) below) that a New Hireworked in the New York City Building Industry(“Industry”) during the twenty-four (24) monthsimmediately preceding the date of hire by the currentemployer.

A New Hire hired on or after January 1, 2012shall be paid seventy-five percent (75%) of the appli-cable minimum regular hourly wage rate for the firsttwenty-one (21) months of employment. Suchemployees shall be paid eighty-five percent (85%) ofthe applicable minimum regular hourly wage rate forthe twenty-second (22nd) through forty-second(42nd) months of employment. Upon completion offorty-two (42) months of employment, such employ-ees shall be paid the full minimum wage rate. Forpurposes of this provision, twenty-one (21) months ofemployment and forty-two (42) months of employ-ment shall include each month (counting portions ofa month in excess of fifteen (15) days as a full monthbut excluding employment as a vacation relief unlesssuch vacation relief work immediately precedes per-manent hire as noted in Section 17(b) below) that aNew Hire worked in the Industry during the twenty-four (24) months immediately preceding the date ofhire by the current employer.


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Any employee who was employed in theIndustry as of February 3, 1996 shall be consideredan “Experienced Employee.” An ExperiencedEmployee shall receive the full minimum rate of payfrom the date of hire.

There shall be no Employer contributions to theBuilding Service Pension Fund on behalf of any NewHire employed in the category of “Guard” or “Other”during the first year of employment (until January 1,2012 for those who have been employed more thanone (1) but less than two (2) years prior to January 1,2012). Employer contributions for employeesdescribed above shall be required commencing on thefirst day of the month following the employee’s com-pletion of twelve (12) calendar months ofemployment with the Employer, less the number ofcalendar months (counting portions of a month inexcess of fifteen (15) days as a full month) worked inthe Industry during the preceding two (2) years(excluding employment as a vacation relief unlesssuch vacation relief work immediately precedes per-manent hire as noted in Section 17(b) below).

There shall be no Employer contributions to theSupplemental Retirement and Savings Fund onbehalf of any New Hire employed in the category of“Guard” or “Other” during the first two (2) years ofemployment. Employer contributions for employeesdescribed above shall be required commencing on the


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first day of the month following the employee’s com-pletion of twenty-four (24) calendar months ofemployment with the Employer, less the number ofcalendar months (counting portions of a month inexcess of fifteen (15) days as a full month) worked inthe Industry during the preceding two (2) years(excluding employment as a vacation relief unlesssuch vacation relief work immediately precedes per-manent hire as noted in Section 17(b) below).

Contributions to the Building Service PensionFund and Supplemental Retirement and SavingsFund shall commence after three (3) months ofemployment for employees hired in job categoriesother than “Guard” and “Other” and ExperiencedEmployees (those employed in the Industry as ofFebruary 3, 1996).

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 in accor-dance with the grievance and arbitration provisions ofthis Agreement (Article V and VI).

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


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1) In case of termination – reinstate the experi-enced employee with full pay and all benefitsretroactive to the date of the experienced employee’sdischarge.

2) In case of failure to hire – if the Arbitratordetermines that an experienced employee was notgiven preference for employment absent good cause,he or she shall direct the Employer to hire the experi-enced employee with full back pay and benefitsretroactive to the date of denial of hire.

13. RECALL

Any employee who has been employed for one(1) year or more by the same Employer or in the samebuilding and who is laid off shall have the right torecall, provided that the period of layoff of suchemployee does not exceed six (6) months. Recallshall be in the reverse order of the laid-off employees’departmental or job classification seniority (i.e. themost recently terminated employee in that departmentshall have the first right of recall). Recall rights applyto all vacant permanent positions and temporary posi-tions if it is expected that the temporary position willlast for a period of at least sixty (60) days.

The Employer shall notify by certified mail,return receipt requested, the last qualified laid-offemployee, at his/her last known address, of any job


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vacancy, and a copy of this notice shall be sent to theUnion. The employee shall then be given seven (7)days from the date of mailing of the letter in which toexpress in person or by registered or certified mailhis/her desire to accept the available job. In the eventany employee does not accept recall, successivenotice shall be sent to qualified employees until thelist of qualified employees is exhausted. Upon re-employment, full seniority status, less period oflayoff, shall be credited to the employee. Anyemployee who received termination pay and is subse-quently rehired shall retain said termination pay andfor purpose of future termination pay shall receive thedifference between what he/she has received andwhat he/she is entitled to if subsequently terminatedat a future date. Any vacation monies paid shall becredited to the Employer against the current vacationentitlement.

Further, in the event an Employer has a jobvacancy in a building where there are no qualifiedemployees on layoff status, the Employer shall use itsbest efforts to fill the job vacancy from qualifiedemployees of the Employer or agent who are on lay-off status from other buildings.

14. SENIORITY AND VACATIONS IN RELA-TION TO SICKNESS AND ACCIDENT ABSENCE

(a) Employees who meet with accidents orbecome ill shall be re-employed by the Employer by


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whom he or she was employed at the time of suchaccident or illness on the same job, or if the same jobno longer exists, on a comparable job if and whensuch employee is in physical condition to resume hisor her work, and his or her ability to work shall bedetermined by the certificate of a duly licensed physi-cian. However, no employee shall be required toproduce a physician’s certificate unless absent formore than seven (7) working days. The employeeshall, in such circumstances, when absent for morethan four (4) working days, give the Employer twen-ty-four (24) hours’ notice of his or her intention toreturn to work. In the event that the Employer chal-lenges the validity or the content of the physician’scertificate, the employee shall be returned to his orher job but will be required to submit within twenty-four (24) hours to an examination by an impartialphysician approved and paid for by the parties. Thecertificate of the impartial physician shall determinethe issue of ability to resume work. The provisions ofthis paragraph shall survive the expiration of this con-tract.

(b) Such employees are to return to their jobwith full seniority and full vacation credits provided,however, that there shall be no duplication of vacationpayments made both to the employee returning to thejob and his or her replacement other than in caseswhere an employee could be entitled to Workers’Compensation notwithstanding the fact that the


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employee has not collected Workers’ Compensation.In the above mentioned cases where an employeewould be entitled to Workers’ Compensation, the fullvacation payment shall be made to the injuredemployee, provided that the injured employee shallcollect only one (1) vacation payment during his orher absence from work. In the event that the employ-ee returns to work before September 16 in asucceeding calendar year to the year in which he orshe was injured, the employee shall receive his or herfull vacation benefits for the year he or she returns towork.

(c) If a sick or disabled employee is out for lessthan three (3) months in the September 16 toSeptember 15 period, then full vacation credits forthat period shall be paid to the sick or disabledemployee. If the sick or disabled employee (otherthan pregnancy leaves and/or in the above mentionedcases where an employee would be entitled toWorkers’ Compensation) is out for more than three(3) months in the September 16 to September 15 peri-od, then said employee shall receive accrued vacationbenefits, computed on his or her length of service andtime on the job, during the September 16 toSeptember 15 period, with no deduction in vacationbenefits for the first three (3) months of absence.


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15. LEAVE OF ABSENCE

1) All employees employed by the Employerfor five (5) years or more shall be granted a leave ofabsence for a period of one hundred twenty (120)days a year, including vacation time, at intervals ofthree (3) years, without loss of employment, senior-ity and/or vacation accruals. If a holiday shouldoccur during the above mentioned vacation, theemployee shall receive a normal day’s pay for saidholiday, but the period of leave of absence shall bereduced by one (1) day for each holiday occurringduring said vacation period. The RAB will encour-age its members to cooperate in granting leaves ofabsences for Union business.

2) The above mentioned employees shall havethe right to a leave of absence at a time other than thevacation period if an emergency exists (emergencybeing defined for the purpose of this General Clauseas a death or a serious illness in the employee’s fami-ly) for a period of one hundred twenty (120) calendardays, exclusive of vacation time, at intervals of three(3) years, without loss of employment, seniorityand/or vacation accruals. If a holiday should occurduring the above mentioned vacation, the employeeshall receive a normal day’s pay for said holiday, butthe period of leave of absence shall be reduced by one(1) day for each holiday occurring during said vaca-tion period.


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3) The rights of the employees under thisClause shall in no way limit the employee’s rightsunder General Clause 36 (Death in the Family) andthe limitation of said General Clause 36 with respectto “family” shall not be applicable to this Clause. Ifan employee exercises his or her rights under saidClause 36, simultaneously with receiving a Leave ofAbsence under this Clause, the total period ofabsence from work shall in no event exceed one hun-dred twenty (120) days.

4) Notice shall be given to the Employer of theemployee’s request for a leave of absence in the fol-lowing manner:

(a) If the leave of absence is to be taken at thesame time as the employee’s vacation, by ten (10)days’ written notice to the Employer from the Union,or ten (10) days’ written notice by certified mail fromthe employee to the Employer and the Union.

(b) If the leave of absence is to be taken uponthe occurrence of an emergency, as above defined, thenotice shall be rendered in the same manner as above,except that the period of notice shall be four (4) daysrather than ten (10) days.

5) (a) The maximum number of employeesentitled to a leave of absence in a given year shall notexceed forty percent (40%) of the total number of


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employees on a particular job and shall be granted inaccordance with shop seniority primarily and job sen-iority secondarily.

If a particular job is staffed by one employee,said employee will be entitled to the leave of absence.

If a particular job is staffed by two employees,only one employee may receive the leave of absenceat a time.

(b) Employees who are not entitled to welfareand pension benefits will not be considered in com-puting the above mentioned forty percent (40%).Notwithstanding this provision, these employees areotherwise eligible for the leave of absence.

6) (a) The employee shall receive service cred-its for the full period of leave of absence for vacation,seniority and all other time purposes under theAgreement.

(b) There shall be no contributions made by theEmployer to the Pension Fund for the period of aleave of absence with respect to employees takingsuch leaves. However, if such employees are replacedduring the leave of absence or any part thereof, theEmployer shall make contributions to the PensionFund for such replacements during the period of suchreplacements. If there is no replacement, there shall


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be no contribution by the Employer to the PensionFund during such leave for the employee on leave ofabsence unless the Employer allocates the work ofthose on leave to other employees, thus increasingtheir customary working assignment, in which eventthe Employer shall pay into the Pension Fund for thenumber of excess hours times $2.169 up to a maxi-mum for such excess of $86.75 per week in eachindividual case.

Effective January 1, 2013, such Employer pay-ment to the Pension Fund shall be the number ofexcess hours times $2.269 up to a maximum for suchexcess of $90.75 per week in each individual case.



7) Any employee requesting a personal leave ofabsence shall be covered for health benefits duringthe period of the leave provided the employeerequests health coverage while on leave of absenceand pays the Employer in advance for the cost ofsame.


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Any employee on leave due to Workers’Compensation or disability shall continue to be cov-ered for health benefits without the necessity ofpayment to the Employer in accordance with ArticleX, paragraph A.

8) Employees on a leave of absence as provid-ed for herein shall not be entitled to claim New YorkState Unemployment Insurance for the period of saidleave.

9) Any Employer who is required by law tocomply with the provisions of the Family and MedicalLeave Act (FMLA) shall comply with the require-ments of said act.

10) The RAB will encourage its members tocooperate in granting leaves of absence for Unionbusiness.

16. PREGNANCY LEAVE

Pregnancy shall be treated as any other disabil-ity suffered by an employee in accordance withapplicable law.

17. VACATIONS

(a) Every employee employed with substantialcontinuity in any building or by the same Employer


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shall receive each year a vacation with pay as follows:

Employees who have worked6 months..........................................3 working days1 year ..........................................................2 weeks5 years .........................................................3 weeks15 years .......................................................4 weeks21 years .........................................21 working days22 years .........................................22 working days23 years .........................................23 working days24 years .........................................24 working days25 years .......................................................5 weeks

Length of employment for vacation shall bebased upon the amount of vacation that an employeewould be entitled to on September 15 of the year inwhich the vacation is given, subject to negotiationand arbitration where the result is unreasonable.

Part-time employees regularly employed shallreceive proportionate vacation allowances based onthe average number of hours per week they areemployed.

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

Firemen who have been employed more thanone (1) full firing season in the same building or by


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the same Employer shall be considered full-timeemployees in computing vacations.

Regular days off and holidays falling during thevacation period shall not be counted as vacation days.If a holiday falls during the employee’s vacation peri-od, he shall receive an additional day’s pay therefore,or, at the Employer’s option, an extra day off withinten (10) days immediately preceding or succeedinghis vacation.

Vacation wages shall be paid prior to the vaca-tion period by the Employer on the job at the timeunless otherwise requested by the employee, who isentitled to actual vacation and cannot instead berequired to accept money. However, if the Employeron the job when the money is due is not in contractu-al relations with the Union, the last Employer withwhom the Union had a contract will be responsiblefor vacation pay.

Any Employer who fails to pay in accordancewith this provision where the vacation has been regu-larly scheduled shall pay an additional two (2) daysfor each vacation week due at that time.

Employees regularly working overtime or onpremium days or required to work during their earlyrelief time shall not suffer any reduction in wageswhile being paid or scheduled for vacation time.


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When compatible with proper operation of thefacility, choice of vacation periods shall be accordingto seniority and confined to the period beginningApril 1 and ending September 15 of each year. Thesedays may be changed, and the third vacation weektaken at a separate time, by mutual agreement of theEmployer and the employee.

The fourth and fifth week of vacation may, atthe Employer’s option, be scheduled upon two (2)weeks’ notice to the employee for a week or twoweeks (which may not be split) other than the periodwhen he/she takes the rest of his/her vacation.

Any employee leaving his/her job for any rea-son shall be entitled to vacation accrual allowance,computed on his length of service as provided in thevacation schedule based on the elapsed period fromthe previous September 16 (or from the date ofhis/her employment if later employed) to the date ofhis/her leaving. Any employee who has received avacation during the previous vacation period (April 1through September 15) and who leaves his/her jobduring the next vacation period shall be entitled tofull vacation accrual allowance instead of on the basisof the elapsed period from the previous September16.

No employee leaving his/her position voluntar-ily shall be entitled to accrued vacation pay unless the


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employee gives five (5) working days’ terminationnotice. Any employee who has received no vacationand has worked at least six (6) months before leavingthe job shall be entitled to vacation accrual allowanceequal to the vacation allowance provided above.

Any Employer assuming this Agreement shallbe responsible for payment of vacation pay and grant-ing of vacations required under this Agreement whichmay have accrued prior to the Employer taking overthe job, less any amounts paid or given for that vaca-tion year.

In the event that the successor Employer hasreason to believe that the predecessor intentionallydelayed vacations in order to avoid the obligation tomake vacation payments under this Agreement, thesuccessor must still make vacation payments toemployees, but may pursue a claim against the pred-ecessor Employer pursuant to the arbitrationprovision of this Agreement in order to seek recoveryfor payments made. 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 sixty


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percent (60%) of the minimum applicable regularlyhourly wage rate. Should a vacation relief employeecontinue to be employed beyond five (5) months,such employee shall be paid the wage rate of a newhire or experienced person, as the case may be. If avacation replacement is hired for a permanent posi-tion immediately after working as a vacationreplacement, such employee shall be credited withtime worked as a vacation replacement toward com-pletion of the thirty (30) or forty-two (42) monthperiod, whichever applies, required to achieve the fullrate of pay under the “New Hires” provision.

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

No contributions to any Benefit Funds shall bemade for a vacation relief person.

18. VACATION REPLACEMENTS

(a) With respect to vacation replacements, theEmployer, at his/her discretion, may elect to cover thespace of the employee on vacation with less than theregular scheduled working hours. In this event, theemployee on vacation shall receive, upon his or herreturn, either seven and a half (7 1/2) hours addition-al pay (one and a half (1 1/2) hours per day for the


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next five (5) succeeding days without being com-pelled to work beyond his or her regular shift hours)or two (2) extra days’ vacation. This extra compensa-tion or vacation is for the purpose of assuring thespace is in proper and good condition.

(b) This extra compensation or vacation shallapply only to those employees whose length of serv-ice entitles them to nine (9) or more days vacationand only when the regular area has been cleaned inless than the regularly scheduled hours.

(c) The conditions set forth in the precedingparagraph shall not be used for the purpose of effect-ing a speed up or be deemed for the purpose ofdowngrading cleaning services.

19. DAY OF REST

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

20. UNIFORMS AND OTHER APPAREL

(a) On all jobs with three (3) or more employ-ees, the Employer shall supply and maintain uniformsfor such employees. The Employer shall also supplyand maintain uniforms for all employees classified asmatrons.


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(b) On all jobs where the Employer has beensupplying and maintaining uniforms for suchemployees, the Employer will continue to supply andmaintain uniforms for such employees.

(c) All uniforms must be laundered at leastonce a week.

(d) All uniforms must be maintained in a goodand serviceable condition by the Employer at alltimes.

(e) Employees doing outside work shall be fur-nished adequate wearing apparel for the purpose.

(f) All uniforms shall be appropriate for theseason.

21. FIRST AID KIT

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


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22. LOSS OF EMPLOYEES’ PROPERTY

Employees shall be reimbursed for loss of per-sonal property caused by fire or flood in the building.

23. EYEGLASSES AND UNION INSIGNIA

Employees may wear eyeglasses and the Unioninsignia while on duty.

24. BULLETIN BOARD

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

25. SANITARY ARRANGEMENTS

Adequate sanitary arrangements shall be main-tained in every building, and individual locker andkey thereto and restroom key, where restroom is pro-vided, and soap, towels and washing facilities shall befurnished by the Employer for all employees. Therestroom and locker room shall be for the exclusiveuse of employees servicing and maintaining thebuilding.

26. TERMINATION PAY

(a) In case of termination of employmentbecause of the employee’s physical or mental inabili-


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ty to perform his/her duties or from reduction in forceoccurring for reasons other than technologicaladvances, including conversion of elevators to auto-matic operation, the employee shall receive, inaddition to accrued vacation, termination pay accord-ing to service in the building or with the Employer asfollows:

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

An employee physically or mentally unable toperform his duties may resign and receive the abovetermination pay of he/she submits written certifica-tion from a physician of such inability at the time oftermination. In such event, the Employer may requirethe employee to submit to a medical examination bya physician designated by the Employer at theexpense of the Employer to determine if in fact theemployee is physically or mentally unable to performhis duties. If the Employer’s designated physiciandisagrees with the certification submitted by theemployee, the employee shall be examined by aphysician designated by the Medical Director of the


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Building Service 32BJ Health Fund to make a finaland binding determination whether the employee isphysically or mentally unable to perform his/herduties.

(b) In case of termination of employmentbecause of technological advances, including conver-sion of elevators to automatic operation, theemployee shall receive, in addition to any accruedvacation, termination pay according to years of serv-ice in the building or with the Employer as follows:

Employee with: Pay:5 and less than 10 years .................2 weeks’ wages10 and less than 12 years ...............4 weeks’ wages12 and less than 15 years ...............5 weeks’ wages15 and less than 17 years ...............7 weeks’ wages17 and less than 20 years ...............8 weeks’ wages20 and less than 22 years ...............9 weeks’ wages22 and less than 25 years .............10 weeks’ wages25 years or more...........................11 weeks’ wages

(c) The right to accept termination pay andresign where there has been a reduction in force shallbe determined by seniority (i.e. termination pay shallbe offered to the most senior employee, then to thenext most senior, and so on until accepted). If noemployee accepts the offer, the least senior employeeor employees of the Employer based upon companywide seniority shall be terminated and shall receiveapplicable termination pay.


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(d) “Week’s pay” in the above paragraph meansthe regular, straight-time weekly pay at the time oftermination. If the Employer offers part-timeemployment to the employee entitled to terminationpay, he shall be entitled to termination pay for theperiod of his full time employment, and if he acceptstermination pay, he shall be considered a newemployee for seniority purposes.

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

(f) For the purpose of this section, sale or trans-fer of a building shall not be considered a terminationof employment so long as the employee or employeesare hired by the purchaser or transferee, in which casethey shall retain their building seniority for all pur-poses.

(g) The obligation to pay termination pay here-under shall be borne by the last Employer with whoman employee entitled to termination pay wasemployed.

27. TOOLS, PERMITS, FINES AND LEGALASSISTANCE

All tools, of which the Superintendent shallkeep an accurate inventory, shall be supplied by the


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Employer. The Employer shall continue to maintainand replace any special tools or tools damaged duringordinary performance of work, but shall not be obli-gated to replace “regular” tools if lost or stolen. TheEmployer shall bear the expense of securing orrenewing permits, licenses or certificates for specificequipment located on the Employer’s premises, andwill pay fines and employees’ applicable wages forrequired time spent for the violation of any codes,ordinances, administrative regulations or statutes,except any resulting from the employees’ gross negli-gence or willful disobedience.

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

28. DAMAGE OR BREAKAGE

It is agreed that employees shall not be heldliable for any damage or breakage occasioned bythem in the course of their employment or for damageor loss of equipment.

29. MILITARY SERVICE

All statutes and valid regulations about rein-statement and employment of veterans shall beobserved.


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30. NO DISCRIMINATION

(A) There shall be no discrimination againstany present or future employee by reason of race,creed, color, age, disability, national origin, sex, sex-ual orientation, union membership or anycharacteristic protected by law, including, but notlimited to, claims made pursuant to Title VII of theCivil Rights Act, the Americans with Disabilities Act,42 U.S.C. § 1981, the Age Discrimination inEmployment Act, the Family and Medical Leave Act,the New York State Human Rights Law, the New YorkCity Human Rights Code, New Jersey Law AgainstDiscrimination, New Jersey Conscientious EmployeeProtection Act, Connecticut Fair Employer PracticesAct, or any other similar laws, rules or regulations.All such claims shall be subject to the grievance andarbitration procedure (Article V and VI) as the soleand exclusive remedy for violations. Arbitrators shallapply appropriate law in rendering decisions basedupon claims of discrimination.

(B) No-Discrimination Protocol

(1) Protocol

The parties to this Agreement, the Union andRAB, believe that it is in the best interests of allinvolved --- employees/members, employers, theUnion, the RAB and the public interest --- to prompt-


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ly, fairly and efficiently resolve claims of workplacediscrimination, as covered above (collectively“claims”). Such claims are very often intertwinedwith contractual disputes under this Agreement. TheRAB, on behalf of its members, maintains that it iscommitted to refrain from unlawful discrimination.The Union maintains it will pursue its policy of eval-uating such claims and bringing those claims toarbitration where appropriate. To this end, the parties,notwithstanding the continuing disagreementbetween them described below, establish the follow-ing system of mediation and arbitration applicable toall such claims, whenever they arise. The Union andRAB want those covered by this Agreement and anyindividual attorneys representing them to be aware ofthis protocol.

As background, following the decision of theSupreme Court in 14 Penn Plaza, 556 U.S. 247(2009), the RAB and the Union have had a disputeabout the meaning of the “no discrimination clause”and the grievance and arbitration clauses in the col-lective bargaining agreements (“CBAs”) entered intobetween these parties. The Union contends that theCBAs do not make provision for arbitration of anyclaims that the Union does not choose to take to arbi-tration, including statutory discrimination claims, andtherefore, individual employees are not barred frompursuing their discrimination claims in court wherethe Union has declined to pursue them in arbitration.


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The RAB contends that the CBAs provide for arbitra-tion of all individual claims, even where the Unionhas declined to bring such claims to arbitration.

The parties agree that, should either the Unionor the RAB deem it appropriate or necessary to do so,that party may bring to arbitration the question soreserved. The parties intend that the reserved ques-tion may only be resolved in an arbitration betweenthem and not in any form of judicial proceeding. Theoutcome of the reserved question hinges on collectivebargaining language and bargaining history, whichare subjects properly suited for arbitration. Sucharbitration may be commenced on 30 days’ writtennotice to the other party. The arbitrator for such arbi-tration shall be Roberta Golick, unless she is unableto serve, in which case the parties shall agree upon anarbitrator, and failing agreement shall submit the caseto arbitration before the American ArbitrationAssociation, in New York City.

Notwithstanding the above disagreement, in2010, the parties initiated the pilot program providedfor in this section (Agreement and Protocol, February17, 2010, the “No-Discrimination Protocol”) as analternative to arbitrating their disagreement. The par-ties have now agreed to include theNo-Discrimination Protocol as part of thisAgreement, as set forth below. The Union and theRAB agree that the provisions of this Protocol do not


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resolve the reserved question. Neither the inclusionof this Protocol in the CBAs nor the terms of theProtocol shall be understood to advance either party’scontention as to the meaning of the CBAs with regardto the reserved question, and neither party will makeany representation to the contrary.

(2) Mediation

(a) Whenever it is claimed that an employerhas violated the no discrimination clause (includingclaims based in statute), whether such claim is madeby the Union or by an individual employee, noticeshall be provided of such claim to the Union, theRAB and the affected employee(s), and the mattershall be submitted to mediation, absent prior resolu-tion through informal means. A notice of claim shallbe filed within the applicable statutory statute of lim-itations, provided that if an employee has timely filedsuch claim in a forum provided for by statute, theclaim will not be considered time-barred.

(b) Promptly following receipt of the notice,the administrator of the Office of Contract Arbitrator(OCA), 370 Seventh Avenue, New York, NY, shallappoint a Mediator from the Mediation Paneldescribed below. All mediators on the panel shall beattorneys with appropriate training and experience inthe conduct of mediations and significant knowledgeof employment discrimination statutes. The


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Mediation Panel shall be a distinct panel from theContract Arbitrator Panel. A person listed on theMediation Panel will be removed when either theUnion or the RAB gives notice to the other party thatsuch person’s name shall be removed. A person maybe added to the Mediation Panel list upon mutualagreement of the Union and the RAB. The Union andRAB mutually commit to appointing mediators withappropriate skill and experience, as they view media-tion as the important step in which many claims willbe resolved.

(c) OCA shall appoint a Mediator from theMediation Panel. Such appointments shall be madeby a 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 appoint-ment and schedule a pre-mediation conference. (Forthis purpose, “Parties” refers to the person or entityasserting the claim and the respondent/defendant.) Atthe conference, the Parties shall discuss such mattersas they deem relevant to the mediation process,including discovery. The Mediator shall have theauthority, after consulting with the Parties, to (1)schedule dates for the exchange of information andposition statements, and (2) schedule a date for medi-ation. Any disputes shall be decided by the Mediator.In the event the Mediator concludes that there has not


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been good faith compliance with his/her directive,including directives as to the holding of conferencesand the conduct of discovery, the Mediator may, afternotice and an opportunity to be heard, order appropri-ate sanctions.

(e) The entire mediation process is a compro-mise negotiation for the purposes of the Federal Rulesof Evidence and the New York rules of evidence.

(f) At the mediation, each party shall be enti-tled to present witnesses and/or documentaryevidence. The Mediator shall be entitled to meet sep-arately with each Party for the purpose of exploringsettlement.

(g) At the conclusion of the mediation, theMediator shall be entitled to make a proposal to theParties of a settlement agreement. Neither Party shallbe required to adopt the proposal.

(h) Mediation shall be completed before theclaim is litigated on the merits. However, if theUnion alleges the claim of a violation of the no dis-crimination clause, the Union may proceed directly toarbitration and bypass this Mediation procedure if itso chooses.

(i) The fees of the Mediator shall be splitequally between the Union and the RAB. The Union


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and RAB shall provide language interpreters at theirjointly shared costs.

(3) Arbitration

(a) The undertakings described here withrespect to arbitration apply to those circumstances inwhich the Union has declined to take an individualemployee’s employment discrimination claim underthe no discrimination clause of the CBA (includingstatutory claims) to arbitration and the employee isdesirous of litigating the claim. The forum describedhere will be available to employers and employeeswho are represented by counsel and to those who areunrepresented by counsel.

(b) The Union and the RAB have elicited fromthe American Arbitration Association (“AAA”) a listof arbitrators who (1) are attorneys, and (2) are qual-ified to decide employment discrimination cases. Inthe event that an employee and RAB memberemployer seek arbitration of a discrimination claim inthe circumstances described in paragraph A, the listof arbitrators 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 RAB mem-ber employer and the individual employee and theextent to which each shall bear responsibility for thecosts of the arbitrator shall be decided between them.


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A person may be added to or removed from theStatutory Arbitration Panel list upon mutual agree-ment of the Union and the RAB. Any sucharbitrations shall be conducted pursuant to the AAANational Rules for Employment Disputes, exceptthose rules pertaining to administration by the AAAand the payment of fees, and any disputes about themanner of proceeding shall be decided by the arbitra-tor selected.

(c) The hearings in any arbitration provided forin the preceding paragraph may be held at the OCA,however, it is understood that this forum is not aforum provided for in the collective bargaining agree-ment.

(d) The Union will not be a party to the arbitra-tion described above and the arbitrator shall not haveauthority to award relief that would require amend-ment of the CBA or other agreement(s) between theUnion and the RAB or conflict with any provision ofany CBAs or such other agreement(s). Any media-tion and/or arbitration outcome shall have noprecedential value with respect to the interpretationof the CBAs or other agreement(s) between the Unionand the RAB.

(C) The parties will create a Committee (i) tostudy recruitment and retention issues for all under-represented groups, and (ii) to seek the continuedprevention of sexual harassment in the commercialindustry.


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31. PLACEMENT / EMPLOYMENT AGENCY FEE

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

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

The Employer agrees that if he shall requireemployees in the classifications of employment cov-ered by this Agreement, he shall hire such employeesfrom a Hiring Hall operated by the Union. TheHiring Hall shall refer only qualified applicants onthe basis of their industry wide seniority. In the eventthe Hiring Hall is unable to supply satisfactory appli-cants to the Employer within three (3) working daysfollowing the request, the Employer shall be free tohire on the open market. The facilities of the HiringHall operated by the Union shall be made available toboth members and non-members of the Union. TheUnion warrants that, in the operation of said HiringHall and in referrals to the Employer, it will not dis-criminate against any individual applicant foremployment.


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32. EMPLOYEES’ ROOMS

Any employee occupying a room or apartmenton the Employer’s property may be charged a reason-able rental therefore unless such occupancy is acondition of his employment in which case no rentshall be charged. Any such employee shall receivethirty (30) days’ notice of discharge, except wherethere is a discharge for a serious breach of employ-ment contract.

33. DEFINITIONS

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

Handyperson – Possesses a certain amount ofmechanical or technical skill and devotes more thanfifty percent (50%) of working time in a building towork involving such skill.

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

Guard – An employee whose function is toenforce rules to protect the property of the Employeror to protect the safety of persons on the Employer’spremises and whose duties shall not include the work


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performed under any other job classification coveredin this Agreement.

Others – Includes elevator operators, porters,fire safety directors and all other service employeesin the building under the jurisdiction of the Unionexcept those classifications specified above.

A “regular, full-time employee,” unless other-wise specified, shall be defined as one who isregularly scheduled to work five (5) days per week.

All references to the male gender shall bedeemed to include the female gender.

34. REQUIRED TRAINING PROGRAMS

The Employer shall compensate any employeenow employed in a building for any time required forthe employee to attend any instruction or training pro-gram in connection with the securing of any license,permit or certificate required by the Employer for theperformance of duties in the building. Time spentshall be considered as time worked for the purpose ofcomputing overtime pay.

35. 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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36. DEATH IN THE FAMILY

A regular, full-time employee with at least one(1) year of employment in the building shall not berequired to work for a maximum of three (3) daysimmediately following the death of his parent, broth-er, sister, spouse or child, and shall be paid hisregular, straight-time wages for any of such three (3)days on which he was regularly scheduled to work orentitled to holiday pay.

With respect to grandparents, the Employershall grant a paid day off on the day of the funeral ifsuch day is a regularly scheduled workday.

37. UNION VISITATION

Union representatives shall, at all times, be per-mitted to confer with the employees in the service ofthe Employer.

38. 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 the maximumof three (3) weeks in any calendar year.

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


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pay on his/her scheduled payday. As soon as theemployee receives the jury duty pay, he/she shallreimburse his/her Employer by signing the jury pay-check over to the Employer.

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

In order to receive jury duty pay, the employeemust notify the Employer at least two (2) weeksbefore he/she is scheduled to serve. If less notice isgiven by the employee, the notice provision regardingchange in shift shall not apply.

39. IDENTIFICATION

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

40. SERVICE CENTER VISIT

Every regular, full-time employee who hasbeen employed in the building for one (1) year ormore shall be entitled, upon one (1) week’s notice tohis Employer, to take one (1) day off in each calendaryear at straight-time pay to visit the office of any oneof the benefit funds for the purpose of conducting


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business at the benefit fund office or to visit anemployee’s personal physician.

Such employee shall receive an additional one(1) day off with pay to visit the Benefit Funds’ officeor to visit the employee’s personal physician’s officeif the office requires such a visit. If the additional dayis to visit a personal physician, the Employer canrequest, and the employee must provide, a HIPAAcompliant release (to be developed by the HealthFund) sufficient to provide proof that the employeevisited the personal physician at the physician’srequest for this additional one (1) day. To receivepayment for such day(s), the employee shall exhibit asigned statement from the benefit fund office.

In the event that an employee chooses to visitany one of the benefit fund offices after having usedup his entitlement pursuant to the above two para-graphs, he may use any of his sick days for thatpurpose.

41. DEATH OF EMPLOYEE

If an employee dies after becoming entitled to,but 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 notapply to any benefits where the rules and regulations


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of the Health, Pension, Legal, Training and SRSFFunds govern.

42. GOVERNMENTAL DECREE

If because of legislation, governmental decreeor order, any increase or benefit is in any wayblocked, frustrated, impeded or diminished, the Unionmay upon ten (10) days’ notice require negotiationwith the RAB to take such measures and reach suchrevisions in the contract as may legally provide sub-stitute benefits and improvements for the employeesat no greater cost to the Employer.

In the event that any provision of this contractrequires approval of any governmental agency, theEmployer shall cooperate with the Union with respectthereto.

43. WEATHER CONDITIONS

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


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44. DISABILITY BENEFITS LAW/ UNEMPLOYMENT INSURANCE LAW

(a) The Employer shall cover its employees sothat they shall receive maximum weekly cash benefitsprovided under the New York State DisabilityBenefits Law on a non-contributory basis, and alsounder the New York State Unemployment InsuranceLaw, whether or not such coverages are mandatory.

(b) Failure to so cover employees makes theEmployer liable to an employee for all loss of bene-fits and insurance.

(c) The Employer will cooperate with employ-ees in processing their claims and shall supply allnecessary forms, properly addressed, and shall postadequate notice of places for filing claims.

(d) If the employee informs the Employer he isrequesting Workers’ Compensation benefits, then nosick leave shall be paid to such employee unless hespecifically requests in writing payment of suchleave. If an employee informs the Employer he isrequesting disability benefits, then only five (5) days’sick leave shall be paid to such employee (if he hasthat amount unused) unless he specifically requests inwriting payment of additional available sick leave.


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(e) Any employee required to attend hisWorkers’ Compensation hearing shall be paid for hisregularly scheduled hours during such attendance.

(f) Any cost incurred by the Union to enforcethe provision of this Article shall be borne by theEmployer.

(g) The parties agree to establish a committeeunder the auspices of the Building Service 32BJHealth Fund to investigate and report on the feasibil-ity of self-insuring disability and unemploymentbenefits.

45. SICKNESS BENEFITS

(a) Any regular employee with at least one (1)year of service (as defined in Section (c) below) inthe facility or with the same Employer shall receive ina calendar year from the Employer ten (10) paid sickdays for bona fide illness.

Any employee entitled to sickness benefitsshall be allowed five (5) single days of paid sick leaveper year taken in single days. The remaining five (5)days of paid sick leave may be paid either for illness-es of more than one (1) day’s duration or may becounted as unused sick leave days.

The employee shall receive the above sick paywhether or not such illness is covered by New York


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State Disability Benefits and/or Workers’Compensation Benefits; however, there shall be nopyramiding or duplication of Disability Benefitsand/or Workers’ Compensation with sick pay.

(b) Employees who have continued employ-ment to the end of the calendar year and have not usedall sickness benefits shall be paid in the succeedingJanuary one full day’s pay for each unused sick day.

Any employee who has a perfect attendancerecord for the calendar year shall receive an atten-dance bonus of $125.00 in addition to payment of theunused sick days.

For the purpose of that provision – perfectattendance shall mean that the employee has not usedany sick days, except that any sick day or unpaidleave that qualifies under the Family and MedicalLeave Act shall not be considered in determining per-fect attendance.

If an Employer fails to pay an employee beforethe end of February, then such Employer shall payone (1) additional day’s pay unless the Employer chal-lenges the entitlement or amount due.

The Employer at the end of the calendar year(December 31st) shall be responsible for paying allunused sick pay.


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(c) For the purpose of this Article, one (1)year’s employment shall be reached on the anniver-sary date of employment.

Employees who complete one (1) year of serv-ice after January 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 on a regularschedule. Those employed less than forty (40) hoursa week on a regular basis shall receive a pro rata por-tion of sickness benefits provided herein computedon a forty (40) hour work week.

(d) All payments set forth in this Article arevoluntarily assumed by the Employer, in considera-tion of concessions made by the Union with respectto various other provisions of this Agreement, andany such payment shall be deemed to be a voluntarycontribution or aid within the meaning of any appli-cable statutory provisions.

46. AUDITING

Where an Employer has received written noticefrom the Union that he is delinquent with respect toeither wage payments, welfare payments, pensionpayments or dues, initiation fees or other monies, thatEmployer is to be given thirty (30) days within whichto correct any deficiency on his books. After the thir-


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ty (30) day period, the Union may audit the books ofthat Employer. If the audit shows that the Employerhas corrected any and all violations, then it shall notbe regarded as “willful,” and the audit shall be paidfor by the Union. If, on the other hand, the auditshows that said Employer has not corrected all viola-tions, then it shall be regarded as “willful,” and heshall be made to pay the costs of the audit and alsopay the other items agreed upon as “damages,” plusfifteen percent (15%) interest.

47. CONSOLIDATION OF JOBS

(1) The Employer shall make every effort toconsolidate jobs wherever it is feasible to do so, inorder that his employees will be covered by theHealth and Pension Funds under Article X.

(2) If the Union finds that an Employer hasfailed to effect a job consolidation which the Unionconsiders feasible, the Union may request such con-solidation from the Employer in writing. If theEmployer fails to effect the requested consolidationwithin fifteen (15) days after receipt of the Union’snotice, he shall be required to make payments into the32BJ Health and Pension Funds which are sufficientto cover the employees in question, unless, during thesaid period, the Employer invokes the provisions ofSection 3.


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(3) Whenever an Employer believes that itwould not be feasible for him to effect a job consoli-dation requested by the Union, or that he requiressome other type of relief, such as additional time inwhich to effect the consolidation, he may communi-cate with the Union in writing, setting forth hisreasons in detail. The Union may then afford theEmployer some or all of the requested relief by meansof a written notice. If the Union rejects theEmployer’s request, it must do so in writing, and theEmployer shall effect the requested consolidationwithin fifteen (15) days after receipt of the Union’snotice, or he shall be required to make payments intothe 32BJ Health and Pension Funds which are suffi-cient to cover the employees in question, unless,during the same period, the Employer invokes theprovisions of Section 4.

(4) If the Employer still believes that it wouldnot be feasible for him to effect the job consolidationrequest by the Union, he may submit the matterdirectly to the Contract Arbitrator. In making hisaward, the Arbitrator shall take into consideration thefollowing factors:

(a) The primary purpose is to provide healthand pension coverage for the maximum number ofemployees under this Agreement and to prevent cir-cumvention with respect to such coverage.


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(b) (1) Inability to do a job in more than a pre-scribed number of hours because of the conditionsprevailing on the job, coupled with the fact that otherwork cannot be made available to the employee orbecause jobs are so isolated as to make it impractica-ble to consolidate.

(2) Refusal of employees to work morethan the assigned number of hours and the inability ofthe Employer to replace such employee with employ-ees who are willing to work longer hours.

(3) If the Arbitrator should find that anEmployer’s refusal to consolidate was in willful vio-lation of the criteria set forth, he may requirepayments into the Health, Pension, SRSF, Trainingand/or Legal Funds on a retroactive basis.

48. PERSISTENT CONTRACT VIOLATORS

The parties will discuss remedies appropriate topersistent contract violators for incorporation into theAgreement and whatever is agreed upon shall be in asupplemental memorandum as part of the Agreement.

49. SAFE AND HEALTHY WORKING CONDI-TIONS

The Employer shall continue to provide safeand healthy working conditions. The RAB and the


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Union will create a committee to study environmen-tally conscious best work practices.

50. GENERAL PROVISIONS WITH RESPECTTO THIS AND OTHER AGREEMENTS

To protect and preserve, for the employees cov-ered by this Agreement, all work they have performedand all work covered by this Agreement, and to pre-vent any device or subterfuge to avoid the protectionand preservation of such work, it is agreed as follows:

If the Contractor performs work of the typecovered by this Agreement, under its own name or thename of another, as a corporation, company, partner-ship, or other business entity, including a jointventure, wherein the Contractor, through its officers,directors, partners, owners or stockholders exercisesdirectly or indirectly (including but not limited tomanagement, control or majority ownership throughfamily members), management, control or majorityownership, the terms and conditions of thisAgreement shall be applicable to all such work.

The Employer shall submit to the Union a listof the names of its subsidiaries and affiliates. Thislist shall include all trade, corporate and partnershipnames. Should there be a violation of this provision,then the Arbitrator names herein shall have the powerto award as damages the difference between the


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amount that would have been due to the employee andthe Union under this contract and the amounts actual-ly paid, all to be paid effective retroactively to thebeginning of such employment.

51. COMMON DISASTER

There shall be no loss of pay as a result of anyAct of God or common disaster causing the shutdownof all or virtually all public transportation in the Cityof New York, making it impossible for employees toreport for work or where the Mayor of the City ofNew York or Governor of the State of New Yorkdirects the citizens of the City not to report to work.The Employer shall not be liable for loss of pay formore than the first full day affected by such Act ofGod or common disaster. Employees necessary tomaintain the safety and security of the building shallbe paid only if they have no reasonable way to reportto work and employees refusing the Employer’s offerto alternate transportation shall not qualify for suchpay. The term “public transportation” as used hereinshall include buses and trains.

52. CUSPIDORS

Employees will not be required to clean cuspi-dors.


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53. LIE DETECTOR

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

54. SNOW REMOVAL

In the event an employee is required to removesnow, he/she shall be furnished adequate clothing andequipment by the Employer.

55. NO SUBCONTRACTING

There shall be no subcontracting of bargainingunit work during the term of this Agreement.

56. FIRE SAFETY DIRECTOR

The regularly assigned Fire Safety Director,appointed by the Employer and certified by the FireDepartment, shall be paid a lump sum bonus of$500.00 per year on December 1 of each calendaryear. This shall not include a relief person or tempo-rary replacement.

If more than one person serves in the same FireSafety Director position during the year, the bonusshall be prorated.


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The Employer shall have the right to designatethe Fire Safety Director.

57. SECURITY BACKGROUND CHECKS

All employees shall be subject to security back-ground checks at any time. An employee shallcooperate with an Employer as necessary for obtain-ing security background checks. Any employee whorefuses to cooperate shall be subject to termination.Employees who fail such security background checkshall be subject to termination. The Employer shallpay all costs of any security background checks,including pre-employment checks. All security back-ground checks shall be confidential, and may bedisclosed only, as required by law or on a businessneed to know basis and/or to the Union as necessaryfor the administering of this Agreement.

For the purpose of this provision, just cause toterminate an employee who has failed a securitybackground check exists only if it is established thatone or more of the findings of the background secu-rity check is directly related to his/her job functionsor responsibilities or that the continuation of employ-ment would involve an unreasonable risk to propertyor the safety or welfare of specific individuals or thegeneral public or constitute a violation of any appli-cable governmental rule or regulation. If thecustomer determines that the employee has failed a


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security background check, but the Employer lackscause for termination under this provision, the termsof Article XIII, Section 1 (c) shall apply.

58. WORK AUTHORIZATION AND STATUSDISPUTES

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

59. VETERAN TRANSITION ASSISTANCE

The parties recognize that making a successfultransition from the military into the civilian work-force can be challenging. Out of respect for thoseserving in 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) communi-


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cating with the industry about the numerous benefitsassociated with hiring veterans; and (iii) providingnewly hired veterans with access to training throughclasses to be created by the Thomas Shortman Schoolaimed at easing the transition to the civilian work-force and teaching the requisite skills.

60. SAVING CLAUSE

If any provision of this Agreement shall be heldillegal or of no legal effect, it shall be deemed nulland void without affecting the obligations of the bal-ance of this Agreement. Both parties agree toconstrue any provisions held to be contrary to law asclosely to its bargained for purpose permissible bylaw and to agree on a revised draft of such provisionsthat as close as legally possible mirrors and/orachieves the purpose of such an invalidated or unen-forceable provision.

61. NOTICES TO UNION

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


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62. COMPLETE AGREEMENT

This Agreement constitutes the full understand-ing between the parties and, except as they mayotherwise agree, there shall be no demand by eitherparty for the negotiation or renegotiation of any mat-ter covered or not covered by the provisions hereof.

IN WITNESS WHEREOF, the parties havehereunto set their hands and seals the day and yearfirst above written.

REALTY ADVISORY BOARDON LABOR RELATIONS, INC.

Howard I. RothschildPresident

SERVICE EMPLOYEES INTERNATIONALUNION, LOCAL 32BJ

Michael P. FishmanPresident


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December 31, 2011

Michael FishmanSEIU, Local 32BJ25 West 18th StreetNew York, NY 10011

Re: Retail and Non-Commercial Locations

Dear Mike:

The parties agree to establish a committee consistingof the RAB and Union representatives to discusswage rates, benefit packages and other terms andconditions of employment for all retail and relatedlocations (as enumerated in Article I, Section 2 of theContractors Agreement).

Sincerely,

Howard RothschildPresident, RAB

AGREED:

Michael FishmanPresident, SEIU, Local 32BJ


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December 31, 2011


Re: No-Strike Provision

Dear Mike:

This letter confirms that the Union will use its bestefforts to notify the Labor Peace Committee of anydisputes/issues relating to a signatory employer priorto engaging in activities described in Article VII,paragraph 5 of the Contractors Agreement. Any dis-putes regarding the sufficiency of the notice shall beaddressed solely at, and by, the Labor PeaceCommittee, and not by recourse to Article VI, or inany other forum.

Sincerely,


AGREED:



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December 31, 2011


Re: Consultancy Committee

Dear Mike:

The parties recognize that the use of consultants is apractice that has arisen in the industry. Upon theUnion’s request, the parties agree to create a jointcommittee consisting of the Union President and theRAB President, or their designees, to discuss issuesaffecting employees covered under this Agreementthat arise out of any consultancy with respect to workcovered under this Agreement or BuildingAgreement.

Sincerely,


AGREED:

Michael FishmanPresident, Local 32BJ, SEIU


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December 31, 2011


Re: Transition of Guards to the Security OfficersAgreement

Dear Mike:

This letter confirms our agreement regarding the transi-tioning of guards covered under the Commercial and/orContractors Agreements to the RAB/Local 32BJ SecurityOfficers Agreement.

Any Employer wishing to remove their Guards from thisAgreement and, instead, have those Guards covered underthe RAB Security Officers Agreement shall enter into atransition agreement with the Union facilitating such trans-fer consistent with established transition agreements. TheUnion shall not unreasonably withhold its agreement totransfer such Guards to the Security Officers Agreement.

Sincerely,


AGREED:



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December 31, 2011


Re: Employer Contributions to Pension andSRSP Funds

Dear Mike:

This will confirm our understanding that the April2007 side letter re: Employer Contributions toPension and SRSP Funds applies to the new hire rate.

Sincerely,


AGREED:



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December 31, 2011

Howard RothschildRealty Advisory Board on Labor Relations292 Madison Avenue, 16th FloorNew York, New York 10017

Re: Reduction in Force

Dear Howard:

This will confirm our understanding during our recent nego-tiations that the Union and the RAB re-affirm theircommitment to the Special Committee process set forth inArticle V of the Commercial Building Agreement and inArticle XIII of the Contractors Agreement.

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

To keep the New York City area Real Estate Industry com-petitive and productive, the parties recommit that theReduction in Force process under the Commercial andContractors Agreements will be utilized appropriately and ingood faith.

Sincerely,


AGREED:



December 31, 2011


Re: Security Background Checks

Dear Mike:

This will confirm our understanding during ourrecent negotiations that an Employer may not invokeArticle XVI (General Clauses) Section 57 (SecurityBackground Checks) in connection with a SocialSecurity “no match” letter.

Sincerely,


AGREED:


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December 31, 2011

Howard RothschildRealty Advisor Board on Labor Relations292 Madison Avenue, 16th FloorNew York, New York 10017

Re: Legal Fund Benefits

Dear Howard:

This will confirm our understanding during ourrecent negotiations that the Union and the RAB shallrecommend to the Trustees of the Building Service32BJ Legal Services Fund that the Fund instituteenhancements to the immigration legal benefit, con-sistent with the maintenance of appropriate reservesin the Fund taking into consideration all operatingcosts in a fiscally prudent and responsible manner.

Sincerely,


AGREED:


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2012

Contractors

AGREEMENT

MINIMUM WAGE RATES

2012-2015

(See Pages 40-51)

SERVICE EMPLOYEES

INTERNATIONAL UNION

LOCAL 32BJ

25 West 18th Street

New York, NY 10011-1991

(212) 388-3800

REALTY ADVISORY BOARD

ON LABOR RELATIONS, INC.

292 Madison Avenue

New York, NY 10017

(212) 889-4100


Documents

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