APR 13 2007 · AGREElVfENT BETWEEN DIV.

NATIONAL FIRE SPRINKLER ASSOCIATION, INC. AND

SPRINKLER FITTERS AND APPRENTICES LOCAL UNION NO. 676 CONNECTICUT

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OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE

UNITED STATES AND CANADA

This Agreement made this 11 th day of July, 2006, by and between National Fire Sprinkler Association, Inc. and Sprinkler Fitters Local Union 676 (hereinafter referred to a,s "Union").

ARTICLE 1

The National Fire Sprinkler Association, Inc., a body corporate under authority from its contractor members pursuant to its By-Laws, has negotiated and signed this Agreement for and on behalf of its contractor members that have given the National Fire Sprinkler Association, Inc., (NFSA) written authority to negotiate this Collective Bargaining Agreement, each of whom is the "employer" party to this contract. A list of the na~es ot' those contractor memb~rs authori.zing National Fire Sprinkler Association, Inc. to negotiate and execute this Agreement and on whose

·· behalf it is negotiated and executed is attached hereto arid made a part hereof.

It is further understood and agreed that any employer bound by the terms of this Agreement by virtue of the authority described in the above paragraph agre.es that~ if the employer withdraws his membership from NFSA or his membership is terminated·for any reason, the employer shall be bound by all the terms and conditions of the Agreement for the balance of the terms of this Agreement. NFSA agrees to immediately notify the Union when any employer member withdraws or is terniinated from the Association and to further notify the Union of any new members joining NFSA within a period of ten (10) days following Board .of Directors action.

ARTICLE.2

This Agreement is entered into in good faith and the subscribers hereto deClare their entire willingness to fulfill all requirements contained herein, their ac.ts being done with the full knowledge, consent and authority of the Employer and the Union. It is hoped and believed that this Agreement properly resp~cted will tend to remove the cause for industrial strife and bring about a better understanding between Employers and the Union.

•, ·~.

In the event of any inconsistency between this Agreement and such other agreements, this Agreement shall prevail.

ARTICLE3

REe{)~NITI(}N:·The-Nationat·Fire-Sprinkrer·Assodation-;-Inc-. for-and-onhehalf of its Employer members that have given written authorization to the National Fire Sprinkler Association, Inc. and all other employing contractors becoming signatory hereto, recognize the Union as the sole and exclusive bargaining representative for all journeymen sprinkler fitters and apprentices in the employ of said employers, who are engaged in all work as set forth in Article 18 of this Agreement with respect to wages, hours, and other conditions of employment.

The Union also recognizes the National Fire Sprinkler Association, Inc. as the Collective Bargaining Agency for its employer members who have given written authorization to the National Fire Sprinkler Association, fuc. ·

This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns. It is. understood that the parties hereto shall not use any sale, transfer, lease, assignment, receivership, or bankruptcy to evade the terms of this Agreement.

fu order to protect and preserve for the employee~ covered by this Agreement all work historically and traditionally performed by them, and in order to prevent any device or subterfuge to avoid the protection or preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work of the type covered by this Agreement as a single or joint Employer (which shall be interpreted pursuant to applicable NLRB andjudicial principles) within the trade and territorial jurisdiction of Local 67 6, under its own name or under the name of another, as a corporation, sole proprietorship, partnership, or any other business entity including a joint venture, wherein the Employer (including its officers, directors, owners, partners or stockholders) exercises either directly or indirectly (such as through family members) controlling or majority ownership, management or control over such other entity, the wage and fringe benefit terms and conditions of this Agreement shall be applicable to all such work performed on or after the effective date of this Agreement. The question of single Employer status shall be determined under applicable NLRB and judicial principles, i.e., whether there exists between the two companies an arm's length relationship as found among unintegrated companies and/or whether overall control over critical matters exists at the policy level. A joint Employer, under NLRB and judicial principles, is two independent legal entities that share, codetermine, or meaningfully affect labor relations matters.

Should the Employer establish or maintain such other entity within the meaning of the preceding paragraph, the Employer is under an affirmative obligation to notify the Union of the existence and nature of and work performed by such entity and the nature and extent of its relationship to the signatory Employer. The supplying of false, misleading, or incomplete information (in response to a request by the Union) shall not constitute compliance with this section. The Union shall not umeasonably delay the filing of a grievance under this article.

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Particular disputes arising under the foregoing paragraphs shall be heard by an Arbitrator selected by the parties or appointed by and U):lder the rules of the American Arbitration Association. The Arbitrator shall have the authority to order the Employer to provide appropriate and relevant infonnation in compliance with this clause.

·· -ri-I8' iiie-iilientlo"rl.'-o:fiheJ?;itr~s-hereTa tli~ithiS~litlis~lJ'~ · ~;ro~c~d"to'ih~,t~!t~sr~Xt'~fitJ?'eiii.litiecr· ·· by law and that, because this conforms :vvith the parties' original intent, it shall apply to all pending and future grievances.

It is not intended that this Article be the exclusive source of rights or remedies which the partjes may have under Sta~e or Federal Laws.

ARTICLE4

UNION SECURITY: All present Journeymen Sprinkler Fitters and Apprenti~es covered by this Agreement who are members of Local Union 676 shall, as a conditio:n of employment, maintain their membership in the Union (to the extent and in the m~nner provided for and permitted by State and Federal Laws). All other Journeymen Sprinkler Fitters covered by this Agreement excluding Apprentices shall, as a condition of employment, (to the extent and in the manner provided for and permitted by State and Federal Laws) become members of Local Union 676-seven (7) days following August 1, 1.994. All new Journeymen Sprinkler Fitters excluding Apprentices shall, as a condition of employment, become members of Local Union 676 at the end of seven (7) days employment (to the extent and in the manner as provided for and permitted by State and Federal Laws). hnmediately upon final notice from the Union, the employer shall discharge any employee who fails to remain in good standing or fails to become or is not a · member on the prescribed day providing membership was available under the same terms and conditions generally applicable to other employees.

A person not a member of the United Association shall be acceptable for employment as a J ourney:rp.an only after he has produced for the employer sworn affidavits of five ( 5) years _experience in the Sprinkler Industry as an Apprentice and/or Journeyman on the letterhead of his previous employer or employers. Such affidavits have been forwarded to the Union. The five (5) year pe:~;iod conforms to the period of Apprenticeship Training as set _forth in Local676 Apprenticesh~p Standards.

A person not a member of the United Association shall be acceptable for employment as an Apprentice after he has met the requirements in the Apprenticeship Standards, been accepted by the Joint Apprentice Committee and issued a Probationary Apprentice Classification Card by the Secretary of the Joint Apprentice Committee of Local 676. Upon completion of the probationary period which shall not exceed one (1) year, the apprentice shall, as a condition of employment, become a member of the Union (to the extent and in the manner as provided for and permitted by State and Federal Laws).

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ARTICLES

TERRITORY: The territory embraced in this Agreement shall include the. States of Connecticut and Rhode Island subject to a determination by the United Association, the following counties in the State of Massachusetts: Franklin, Hampden, Hampshire, and Berkshl.re and the following towns in the State of Massachusetts: Seekonk, Swansea and Somerset.

Off-Shore Drilling within the waters within the territorial jurisdiction of Local Union 67 6 shall be included in this Article, subject to the written approval of the General President of the United Association to both parties.

ARTICLE6

HIRING OF MEN

1. Qualified Craftsmen- Employers shall only employ qualified journeymen sprinkler fitters who shall be workers with skill and ability to assist the Employer in achieving good production and quality of work. J oumeymen sprinkler fitters shall be deemed qualified for employment if they have had at least five (5) years' actual practical working experience at the fire protection industry as a journeyman or apprentice in the building and construction industry and who either:

(a) Have successfully served an apprenticeship at the trade under an apprentice program approved by the United State Bureau of Apprenticeship Training or State Division of Apprenticeship Standards, or

(b) Have successfully passed any competency examination that adequately tested the degree of skill and training necessary to be a competent journeyman.

2. Hiring - Employers shall call the Union for qualified journeymen except as outlined in paragraph 6(b). Whenever an employer decides to obtainjoumeymen from the Union on any job, he shall notify the Local Union Office, either in writing or by telephone, stating the location, starting time, approximate duration of the job, the type of work to be performed and the number of workmen required.

3. Registration - The Union shall establish and maintain an appropriate registration facility for qualified applicants available for employment as journeymen. Applicants shall be registered on the craft out-of-work list, in the order oftime and date of registration. The out-of-work list shall be posted in the office of Local Union #676. Each applicant for employment shall be required to furnish such data as the Union requires. Each applicant shall complete such forms of registration as shall be devised by the Union. Applicants for employment shall also list any special skills that they possess.

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4.

An applicant who has h~d five (5) years' actual practical experience at the Sprinkler Fitters trade, but who has not passed any competency examination as to his skill or competency, shall be accepted for registration and dispatching.

Referral of Men - Upon the request of an Employer for journeymen, the Union shall immediately refer competent and qualified registrants to that contractor in sufficient

' __ , .. • ·-·· ~. Iium1Jerre"'qUirefiEIJyt11~t:erntra~tur;ct!f'flle"marmerantl'unaenllecona1non~speeffrei:rln'ffffs'' _.·. Agreement, from the out-of-work list on a first in, first out basis; that is the first man registered shall be the first man referred, except that:

(a) Requests by Employers for particular journeymen previously employed by the Employer who are available and who have been terminated by the Employer within sixty (60) working days previous to the request, shall be honored and the journeymen requested shall be dispatched to that Employer regardless of the applicant's position on the out-of-work list. ·

(b) Requests by Employers for key journeymen to act as foremen shall be honored without regard to the requested journeyman's place on the out-of-work list.

(c) Bona Fide requests by Employers for journeymen with special skills and abilities will be honored. The dispatcher shall dispatch persons possessing such skills and abilities in the order in which their names appear on the out-of-work list.

(d) :f::t:, upon requests for qualified journeymen, the Union is unable to, within forty-eight (48) hours, fulfill the request (excluding weekend and holidays), the Employer may secure qualified journeymen from any other source.

(e) When journeymen sprinkler fitters are brought in from other localities to work within the jurisdiCtion, they shall report to the Local Business Representative personally before starting to perform work in local jurisdiction and territory.

(f) In the interest of maintaining and preserving employment in the areas in which work is being perfoirned, when an employer lays off on a job, local employees shall be the last laid off.

5. Non-Discriminatory Referral- The Union and the Employers agreed that the referral of journ~ymen shall be on the following basis:

2006

(a) Selection of applicants for referral jobs shall be on a non-discriminatory basis, and shall not be based on race, creed, color, natio;n.al origin, age or sex.

(b) The Union and the Employer agree to abide by all recognized Federal, State and City regulations pertaining to minority hiring and all jobs where such regulations are in effect shall be manned accordingly, in the spirit of Affirmative Action.

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6. (a) The Employer retains the right to reject any job applicant referred by the Union.

(b) J oumeymen have the right to solicit their own jobs, with any local contractor.

(c) Employer members of the Local Union shall not be permitted to register on the Union's hiring' list.

ARTICLE7

WAGES: The rate of wage to be paid Journeymen Sprinkler Fitters shall be Thirty Five Dollars and Forty Five Cents ($35.45) per hour effective August 1, 2006.

There shall be an economic increase of Sixty Cents per hour ($0.60) effective January 1, 2007.

There shall be an economic increase of One Dollar and Eighty Cents ($1.80) per hour effective August 1, 2007.

There shall be an economic increase of Fifty Cents per hour ($0.50) effective January 1, 2008. . . .

Sixty (60) days prior to August 1, 2008, the parties to this Agreement shall meet and discuss wages to be effective on the above date.

Sixty (60) days prior to August 1, 2009, the parties to this Agreement shall meet and discuss wages to be effective on the above date.

Sixty (60) days prior to August 1, 2010, the parties to this Agreement shall meet and discuss wages to be effective on the above date.

Wages shall be paid on or before 3:30p.m. each Thursday including all wages due up to and including the previous Friday.

The employee shall receive a check stub or statement with each check showing the Employer's name and address, pay period covered, regular and overtime wages, and all dequctions, and also, the amount of contributions made on behalf of the employee to the various fringe benefit funds.

In the event a Journeyman Sprinkler Fitter or Apprentice is laid off, or discharged, he shall be paid his wages and expenses, including holiday pay in full at the time his services are thus discontinued and given the State required separation form.

The pay period for any Sprinkler Fitter or Apprentice who quits shall be his regular pay period.

A bad check shall be considered non-payment of wages.

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Any J oumeyman Sprinkler Fitter or Apprentice who doesn't receive his 'pay at the time set forth in this Article shall immediately notify his employer, and the employer shall be obliged to pay four hours pay at straight time for each twenty-four (24) hours or part thereof that the pay is late.

Any employ~e who notifies his Employer and the Union in writing that he wishes his pay check to be mailed to his home address· shall not be entitled to any penalty payment for late check due

--tertrre~Postdfftce s~~rvi-&e'proVl:Cfell~tll~cne-'Citw·as_;ma1fecti!l'S'ufffcienY tlmef6~arriVe\vltli1n1ile · .. time limits of this Article.

Any employee injured on the job to the extent of requiring a doctor's care and which injury the doctor determines prevents the employee from returning to work, shall be paid a full day's wage for the day of the injury.

ARTICLE 8

EXTRA CONTRACT AGREEiVIENTS: The Employer and the Union agree not to enter into any Agreement or contract with members of the bargaining unit individually or collectively which in any way conflicts with the terms and provisions of this Agreement.

ARTICLE9

JOB FORE:MEN: The selection and appointment of Foremen is the responsibility of the employer in keeping with this Agreement.

Effective August 1, 2006, the rate of wage for foremen shall be Two Dollars and Fifty Cents ($2.50) per hour above the journeyman's rate in the States of Connecticut and Rhode Island and the Massachusetts Counties of Franklin, Hampden, Hampshire and Berkshire and the Massachusetts Towns of Seekonk, Swansea and Sorn,erset.

Effective August 1, 2007 the rate of wage for foremen shall be Two Dollars and Seventy Five Cents ($2.75) per hour above the journeyman's rate in the States of Connecticut an.d Rhode Island and the Massachusetts Counties of Franklin, Hampden, Hampshire and Berkshire and the · · Massachusetts Towns of Seekonk, Swansea and Somerset.

There shall be a Local676 Sprinkler Journeyman Foreman on each job.

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ARTICLE 10

TRAVEL EXPENSES

A. When an employee is required to travel to a job. from zero (0) to twenty (20) miles from his residence and there is no free parking available; parking expenses up to $7.00 maximum · with a receipt will be reimbursed effective August 1, 1997.

B. When an employee is required to travel to a job beyond twenty (20) miles up to and including forty (40) miles from his residence, he shall be paid Ten Dollars ($10.00) per day, effective August 1, 2006.

C. When an employee is required to travel to a job beyond forty (40) miles up to and including sixty (60) miles from his residence, he shall be paid Fifteen Dollars ($15.00) per day, effective August 1, 2006.

D. When an employee is required to travel to a job beyond sixty (60) miles up to and including eighty (80) miles from his residence, he shall be paid Twenty Dollars ($20.00) per day, effective August 1, 2006.

E. · When an employee is required to travel to ajob beyond eighty (80) miles from his residence, he shall be paid Twenty Six Dollars ($26.00) per day, effective August 1, 2006.

F. When an: employer provides suitable transportation for the employees, the Employer shall not be required to make any payment for travel e?Cpenses under this Article, except, however, he shall be required to pay travel time and subsistence in accordance with this Article.

G. If the employee leaves his work before it is completed and without the consent of the employer, traveling shall be at the employee's own time and expense.

H. For the purpose of this article, an employee will submit his residence in writing to the employer and the employer may require government issued identification (i.e. driver's license) to verify this residence

I. For the purpose of this Article, all miles traveled by an employee shall be determined by reference to the most current edition of the "Standard Highway Mileage Guide" (Rand McNally Company). Miles traveled shall be computed in accordance with the miles contained in the Guide.

2006

When the actual point of residence or job is not designated in the Guide, miles traveled shall be the mileage between the points closest to the actual point of residence or job which were designated in the Guide.

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. ., ...

J. For the purpose of contribution to all Funds. set forth in this Agreement, travel hours paid for shall be considered hours worked.

K. All travel hours outside of the regular established working hours shall be at straight time.

L. Nothing herein shall be considered as inconsistent with the Federal Wage and Hours Law.

M:~-:FoYtli:epurpose~otcom.Ptrtlh:g--p!oper·t;~;~r~~P~~~;:~;J:;-;:;t676~;;;I;;;e:; ~h~~;c·-· permanent residence is outside the territorial jurisdiction of Local 676, shall be determined as follows:

His residence.·shall be considered the point at which he enters the territory of Local Union 676, most accessible to the job.

N. When an employee moves from job to job during the course of a day, he shall be paid at the rate of Twenty-Two Cents ($.22) per mile over the most direct route.

ARTICLE 11

HOURS OF WORK, SHIFTS AND OVERTIME

. A,. HOURS OF WORK: The standard work day shall be any eight (8) consecutive hours of work between the hours of 6:30 a.m. and 5 p.m. excluding the lunch period. During the months of June, July and August, the starting time may be 6:00 a.m. at the employers option.

B. SHIFTS: Shift work may be performed at the option of the Employer, however, when shift work is performed it shall be on the same contract, on the same job site, and it must contmue for a period of five (5) consecutive work d~ys and there must be a day shift that shall work the regular eight (8) hours as set out in paragraph "A" above. Eight (8) hours of work constitutes a shift. The hourly rate for men on the second and/or third shifts shall be fifteen perce[!.t (15%) above the basic hourly rate. There shall be a minimum of two (2) men on each shift.

C. OVERTIME: Overtime worked in the ninth and tenth hours on weekdays and the ;first ten hours on Saturday shall be at the rate of time and a half. All other overtime that is worked outside of the established shifts,· shall be at double time in,cluding Sundays and Holidays as set forth herein. The following days shall be considered Holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. When one of the above holidays fall on Sunday, the following Monday shall be considered the holiday and all work performed on said day shall be at the double time rate.

2006

During the life of this Agreement, Memorial Day, July 4th, Labor Day and Christmas Day shall be paid holidays. Effective in Calendar Year 1998, Thanksgiving Day shall be a paid

9

holiday. Any employee in the employment of a contractor twenty (20) working days prior to any such paid holiday shall be entitled to the paid holiday by that contractor, unless said employee was discharged for just cause or voluntarily left the employment of the Employer during this twenty (20) working day period. Any employee who is employed less than ten (10) working days shall not be entitled to the paid holiday by his present employer. If any of the paid holidays fall on a Saturday,the employees will be paid eight (8) hours straight time for the holiday. Any employee who works these paid holidays shall be paid at triple time.

When an employee is required to stay on the job site after the required quitting time, as outlined in paragraph "A" above, to perform emergency work, he shall be paid time and one half for such work. This shall apply to work under the control and responsibility of the contractor.

All other overtime work shall be at double time.

Should any Federal or State law be enacted which would change the day on which these holidays are now celebrated, the newly established days shall be considered the holiday.

D. It is also agreed that any workman after being hired or reporting for work at the regular time and for whom no work is provided, shall receive four ( 4) hours pay at the prevailing rate of wage unless he has been notified before leaving home not to report. It is also agreed that

. any workman, after working in the morning and having started work after the lunch period, shall receive four (4) hours pay at the prevailing rate of wage for the afternoon. An exception shall be made when weather or strike conditions make it impossible to put such an employee to work or any such stoppage of work is occasioned thereby, or any workman leaves his work ofhis own accord.

E. TIME OFF FOR UNION ACTIVITIES: The Employer agrees to grant the necessary time off, without discrimination and without pay, to any employee designated by the Union to attend a labor convention or serve in any capacity on other official Union business, provided forty eight ( 48) hours' written notice is given the Employer by the Union, specifying length of time off. The Union agrees that, in making its request for time off for Union activities, due consideration shall be given to the number of men affected in order that there shall be no disruption of the Employer's operations due to lack of available employees.

F. OFF HOURS: On all buildings that are occupied and the hours are not under the control of the contractor, and the hours do not fall into the category of the regular work day or the shift clause cannot apply, the contractor may bid the "off hours"· at straight time plus fifteen percent (15%). This paragraph shall not apply to new construction, emergency work, or if there are other building trades personnel on the same job, at the time the job is bid.

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It is understood that prior to the initiation of the "off hours" provision, the owner of such building (or owner's repr~sentative) shall provide a written confirmation as to the owner's

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-.!

necessity that work in the above paragraph be done during the "off hours" period, and that it is not contemplated that other building trades personnel will be on the job. ·The Union will be given five (5) days to verify the conditions. It is also understood that an employee who works a regular day shift shall not work the "off hours" clause outlined above during the same twenty-four (24) hour period. All overtime worked under the "off hours" shift shall be.in.conformance with paragraph "C" entitled "Overtime."

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covered in this Agreement. The Union will also accept up to 40' random lengths of pipe having holes drilled in the shop for the installation of not more than five mechanical tees or crosses and the installation of these mechanical tees or crosses for said pipe shall be performed in the field by the employees covered in this Agreement.

All mechanical fittings shall be installed by employees covered by this Agreement.

ARTICLE 14

MAKING-ON FITTINGS: It is understood and agreed that the Party of the First Part shall have the right to make on only one (1) screwed fitting on threaded pipe, permanently tight in the factory for shipment to any job within the territory of the Local Union and that the employees covered by this Agreement shall install this material without objection or interruption.

The foregoing shall, however, not apply to spool pieces, feed main nipples and risers; and pipe fittings that must be hot dipped.

The factory application of teflon may be applied only to sprinkler heads.

ARTICLE15

TOOLS: All tools will be furnished the employees by the Employer. At the close of each day, employees shall see that each tool is put in its proper place and that chests and lockers are left in a place as safe from theft or damage as possible. Each employee shall be reasonably responsible to the Employer for all tools lost or damaged by him, unless satisfactory explanation is given, but subject in all cases to ordinary wear and tear.

Except for small hand tools not exceeding twe~ve (12) inches in length, employees shall be · allowed to carry tools, materials and equipment only in company owned vehicles.

ARTICLE16

APPRENTICES: The parties agree that an Apprentice System shall be mutually established and that the wages, hours and working conditions of the Apprentices shall be as covered by the Parties Joint Apprentice Standards. Changes in the Apprenticeship Standards can only be made by mutual agreement of the parties to this Agreement. ·

The Apprenticeship Standards shall provide the following:

1. Ratio of Apprentices to Journeymen: On May 1 and November 1 of each year during the remainder of this Agreement, the Joint Apprenticeship Committee shall meet to review the manpower situation. If no agreement can be reached regarding manpower needs, within

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five (5) days of May 1 or November 1, the manpower situation will be submitted to final and binding arbitration as set forth in Step 3 of the Grievance and Arbitration Procedure.

The Joint Apprentice Committee shall replace all apprentices that drop out of the program and all journeymen that retire, die, or leave the industry immediately, there shall not be

. . . . ·. lf19:t:~ tlgm£>nttJD i~·flPf-yg.tjg-=e,J£:t~JHh J,g~lf._~:tnliJi.~~~~j oh; ~Jn ~a_~_e_ ofalax~gf£~]1~,- ·- -· ------~----·----ratio-of Appreritfcesto]oumeymen in any shop shall not exceed one (1) apprentice for

three (3)joumeymen.

2. All apprentices indentured to the Local 676 Joint Apprenticeship Committee on and after August 1, 1997 shall be paid a progressive increasing rate of wages based on the following schedule:

Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 Class 9 Class 10

Percentage of J oumeyman's Rate

40% . 45%

50% 55% 60% 65% 70% 75% 80% 85%

APPRENTICESIDP: The parties agree that an apprenticeship system has been established and that the wages, hours and working conditions of the apprentice shall-be covered by the Apprenticeship Standards, which are part of this Collective. Bargaining Ag·reement. During September of 1997, the Joint Apprenticeship Committee shall review the financial status of the Local Joint Apprenticeship Committee's programs. Should the. Committee feel that the financial position is such as to need additional income, the Chainnan and Secretary of the Committee shall, in writing, request the two parties of this Agreement to meet with them to discuss a resolution of the problem.

NATIONAL AUTOMATIC SPRINKLER APPRENTICE FUND OF NEW YORK: In order to carry out the functions of the Apprentice Program, each contractor who is a party to this Agreement shall pay to the "National Automatic Sprinkler Apprentice Fund of New York", Fifteen Cents ($.15) per hour for all hours worked by all employees whose wages are covered by this Collective Bargaining Agreement, effective August 1, 1997.

It shall be the duty of the Trustees of this Fund to collect contributions from the employers who are a party to this Agreement and to disburse from this Fund monies, less the expense of collection and administration, for expenses incurred by the Joint Apprentice Committee in the territory embraced by the Agreement in carrying out the functions of the Apprentice Program.

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In consideration of benefits to be derived the Union and Employers, party to this Agreement, do hereby join in and subscribe to the Declaration of Trust dated as of May 23, 1966, of the "National Automatic Sprinkler Apprentice Fund of New York" and agree to be bound by the

· Amendments thereto and the Employers to the Agreement agree to make contributions as set forth in the Agreement to the Trustees and further, the parties to this Agreement authorize the parties of the "National Automatic Sprinkler Apprentice Fund of New York" to name Trustees arid sliccess6rTrustees, hereby ratifiefand accepts such Trustees and tlie.termsaiid conditions of said Trust as fully and completely as if made by the undersigned.

ARTICLE 17

WORKING WITIDN JURISDICTION OF OTHER SPRINKLER UNIONS: When employees and Employers covered by this Agreement enter the jurisdiction of other sprinkler local unions, they shall work under the terms and conditions of the existing sprinkler bargaining agreement in effect in that area.

ARTICLE 18

JURISDICTION OF WORK: The work of the sprinkler fitter and/or apprentice shall consist of the installation and maintenance of all fire protection and fire control systems including the unloading, handling by hand, power equipment and· installation of all piping or tubing, appurtenances and equipment pertaining thereto, including both overhead and underground water mains, fire hydrants, and hydrant mains, standpipes and hose connections to sprinkler systems, sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarm systems, also all tanks and pumps connected thereto, also included shall be C0-2 and Cardox Systems, Dry Chemical Systems, Foam Systems and all other fire protection systems, but excluding steam fire protection systems.

SUBCONTRACTING: Any Employer party to this Agreement may subcontract the work as outlined in the paragraph above, provided he subcontracts to a contractor that has a Collective ·Bargaining Agreement with Local Union 676.

ARTICLE 19

NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND: It is mutually agreed that a Welfare Fund on a National Automatic Sprinkler Industry basis has been established for those employees who are covered by this Collective Bargaining Agreement.

For the purpose of support, maintenance and administration of this Fund, each contractor who is a party to this Agreement shall contribute to the Fund Six Dollars and Fifteen Cents ($6.15) per hour for all hours worked by all employees covered by this Collective Bargaining Agreement effective August 1, 2006. Effective January 1, 2007, each contractor who is a party to this agreement shall contribute to the Fund Six Dollars and Forty Cents ($6.40) per hour for all hours

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worked by all employees covered by this Collective Bargaining Agreement. The Parties agree that the scheduled Twenty-Five Cent ($0.25) increase will be deducted from the economic increase due January 1' 2007. .// :· . t

__./ fl·;c"' .. // 'r/-I

Subject to the approval oJth{Boa~d of Trustees of the National Automatic Sprinkler Industry Welfare Fund, effec_!tve'August 1, 2006, each contractor shall pay an additional Twenty-Five ·

_ .. -. _ ~ .. £le_p:ts'--(:$H~0.®£-P-Jr~1fomi¥£o~a1I~u~;,;wm:ked"'~Y.~mplo¥ec:fs~r-0-~wM@m"'J)}aii®naP.Atit®milMS'~pFllili1er~-'- cc ____ ;,;_ Industry Welfare Fund Payments are mad~. This. additional amount shall be a Retired Employee Subsidy Account (RESA) contribution. The Contractor or the Association party to this agreement shall not be responsible for any expense or cost beyond the contribution as set forth herein.

The Trustees of the National Automatic Sprink;ler Industry Welfare Fund are authorized to enter into reciprocal agreements with Trustees of other welfare funds providing for the transfer of contributions between funds so that employees temporarily working outside their home funds' jurisdiction will p.ot lose credit or eligibility for benefits in their home funds. The Trustees shall determine the terms of such reciprocal agreements, the manner of crediting reciprocal contributions and all questions of eligibility based on hours worked under reciprocal agreements.

ARTICLE20

NATIONAL AUTOMATIC SPRINKLER INDUSTRY PENSION FUND: It is mutually agreed that a Pension Fund on a National Automatic Sprinkler Industry basis has been established for those employees who are covered by this Collective Bargaining Agreement.

For the purpose of the support, maintenance and administration of the Fund, each contractor who is a party to this Agreement .shall contribute to the Fund Two Dollars and Eight-Five cents ($2.85) per hour for all hours worked by all employees covered by this Collective Bargaining Agreement effective August 1, 2006.

Each contractor who is a party to this Agreement shall pay to the Fund Three Dollars and Ten Cents ($3.10) per hour for all hours worked by all employees whose wages are covered by this Collective Bargaining Agreement effective January 1, 2007. The Parties agree that the scheduled

· Twenty-Five Cent ($0 .25) increase will be deducted from the economic increase due January 1, E-2007.

ARTICLE21

ASSENT OF WELFARE AND PENSION: In consideration of benefits to be derived and other good and valuable considerations, Sprinkler Fitters Local Union No. 676, although not a party to the Local 669 Agreement, does hereby join in and does subscribe to the Declaration of Trusts of the National Automatic Sprinkler Local669 U. A. Welfare Fund and the National Automatic Sprinkler Local 669 U.A. Pension Fund made between the National Fire Sprinkler Association, Inc. and Local Union 669, and agrees to be bound by any Amendments thereto, and

2006. 15

the Employers to this Agreement with Sprinkler Fitters Local Union No. 676, agree to make contributions in the amounts as set forth in this Agreement to the Trustees as provided by the Trust Agreement between the National Fire Sprinkler Association, Inc. and Local Union 669, and further, the parties hereto authorize said parties of the 669 Agreement to name Trustees and successor Trustees to administer said Welfare.and Pension Fund, hereby ratifies and accepts such Trustees in the terms and conditions of said Trusts as fully and completely as if made by the undersigned-. . . . . .. ~ . - ~ . ~"" -

ARTICLE22

MONTHLY REPORTS: Employers party to this Agreement shall submit contributions to the Welfare, Pension, and Educational Funds in accordance with rules, regulations and procedures established by the Trustees of the Welfare, Pension and Educational funds.

The Employer agrees that the Trustees of the Welfare Trust, the Pension Trust and the Educational Trust, or their designees, shall have the authority to order an audit of the payroll, wages and related records (including supporting work sheets) of the Employer for the purpose of insuring compliance with the terms of this Agreement requiring contributions to the Trust Funds.

Each contractor who is a subscriber to this agreement or who desires to become a subscriber to this agreement shall furnish to the union a cash or surety bond in the following amounts: .

a. Less than 6 workers doing bargaining unit work . b. 6-12 workers doing bargaining unit work c. 13 or more workers doing bargaining unit work

$10,000.00 20,000.00 30,000.00

. Any contractor who becomes signatory to this agreement must have a bond on file with the Local Union within 30 calendar days of the signing of this agreement.

It is further understood that a copy of the face sheet of said bond and the effective dates of said bond shall be forwarded to the Secretary of the JAC for their files.

The Employer agrees that in any event the Trustees institute or participate in legal proceedings to collect payments or contributions from an Employer, the Employer shall also be required to pay reasonable attorneys' fees, expenses of collection and interest at the highest rate permitted by the laws of the state where the legal proceeding is instituted.

When the Employer and the Union are notified by the Administrators of the Funds covered by this Agreement that the Employer is delinquent in payments to the Funds in excess of sixty (60) days from due date, the Union has the right to withhold the services of Local Union 676 employees from said Employer.

The Employer shall then be liable for the loss of wages of its employees until all delinquent amounts past due are paid.

2006 16

It shall not be necessary that the .lost wages be paid as a condition for the employees to return to work; however, the lost wages due shall be paid at the next regularly scheduled pay day, after the employees have returned to work.

The employees shall return.to work upon the earlier of the following events: l.Acknowledgement by the Union that the C()J:1tr.Il1l}ti~l1.§ h3.J}1J:J:~RMid~ .. -~, {\~~JJ9;JYl~gg~w_e;nt ~~-> ~

~ ~~~;~,~~~-~-~--~~~~~-- -

ARTICLE23

GRIEVANCE PROCEDURE AND ARBITRATION: During the term of this Agreement there shall be no strikes or lock-outs. However, violation by an Employer involving:

.. a. Non-payment of wages at the time due;

b. Issuing non-negotiable or bad checks for wages, expenses or for any of the fringe contributions as required by thi_s Agreement;

c. Non-payment or non-reporting pf fringe contributions due and payable under the Agreement;

d. Failure to abide by the ·decision of the Grievance -Committee as set forth in Step Two of this Article, or the Arbi~rator as s~t forth in Step Three of this Article;

... shall be exci:uded from the grievaJ!ce procedure of this Article and the Union shall have the right to remove employees from any job or jobs of the Employer or to take other legal economic action against the employer.

All disputes and grievances relative to the interpretation of application of this Agreement shall be processed in the following manner:

Step 1- The employee or Union shall within fifteen (15) working days of the occurrence of the grievance or dispute, discuss with the employer's representative the employee's grievance or dispute.

If the grievance or dispute is not settled to the satisfaction of the employee:

Step 2 - The employee or the Union shall, within twenty (20) working days of the occurrence of the alleged grievance or dispute, reduce this grievance to writing, on forms supplied by the union setting forth the date, time and place and section of the Agreement with which the grievance or dispute is concerned and submit by certified mail, one copy each to the Business Manager of the

.local union, the Employer and. the President of the Association (P.O. Box 1000, Patterson, New York 12563) for discussion and possible resolution.

2006 17

Step 3 - If within thirty (30) working days after referral to Step 2, the Union and Association cannot resolve the alleged grievance or dispute, then the matter shall be referred to an Impartial Arbitrator.

If the Union and the Association are unable to agree upon an impartial arbitrator within a period of ten (1 0) working days, then either party may.request the Federal Mediation and Conciliation

. "Serv!ceTo silbm1nrltsrofseVefC(7Jnames~""~-''' "~ ~-, ~ --~~~"=~"-~":-~ "-- ""--.--- -- ,---~~---~=~-"-

After receipt of the names of seven (7) arbitrators, the parties shall meet and alternate in striking three (3) names from the list with the first strike decided by the toss of a coin. The remaining name after each party has struck three {3) names from the list shall be the impartial arbitrator.

The decision of the Impartial Arbitrator shall be final and binding on the parties. The duties of the Arbitrator shall be limited to the interpretation and application of the Agreement and the Arbitrator shall have no powers to change or amend the Collective Bargaining Agreement.

Unless otherwise mutually agreed, the Arbitrator shall sit and hear matters brought before him in th~ city in which the dispute or grievance. arose. Each of the parties shall bear the expense of its witnesses and legal fees. The fees and expenses of the Arbitrator shall be shared equally by the Union and the Employer. The Employer shall also bear any expenses incurred by the Association as a result of this Arbitration.

If the Employer or the Association has a grievance relative to the interpretation of application of this Agreement, the grievance shall be submitted to the Business Agent of the Union (81 Market Square, Newington, Connecticut 06111) and to the President of the Association in writing by registered mail within thirty (30} days of occurrence of the grievance setting forth the exact date of the grievance and the nature of the grievance for discussion and possible resolution.

If wl.thin thirty (30) days the grievance is not settled between the Union and the Association, then the parties shall proceed to arbitration as set forth in Step 3 of this Agreement.

ARTICLE24

NON-DISCRIMINATION: There shall be no discrimination with regard to race, religion, sex, age or national origin by either the Union or Employer relative to employment or conditions of employment.

ARTICLE25

SAFETY: The Employer and employee agree to comply fully with the applicable provisions and requirements of the Federal Occupational Safety and Health Act, as well as all applicable state and municipal safety laws, and all standards, regulations and guidelines promulgated pursuant to such laws.

2006 18

ARTICLE26

DURATION OF AGREE:MENT: The duration of this Agreement shall be from August 1, 2006 to July 31, 2011. Sixty (60) days prior to August 1, 2008, August 1, 2009 and August 1, 2010 written notice may be given by either party requesting a conference to negotiate the wage rate (Article 5), foreman's rate (Article5), Welfare contri1JutioJ1 __ (A!!isl~"~-U,".:P~n§i_QlL~~,=~,-~~-~--''=

~'--~-CC-o- ~C"'--,----~c-errrtnotitf&if~ln~J;-1\pprenuce-Fuilcl-offlew Yofr ion"ffi'i5\i't1ofi;(Aiif8T24~-c~~~---- ------supplemental Pension (Article 27), Industry Promotion (Article 28), and other economic provisions to be effective on that date and August 1, 2011.

This Agreement shall be effective from August 1, 2006 to July 31,2011.

ARTICLE27

SAVINGS CLAUSE: If any article or provision of this Agreement shall be declared invalid, inoperative or unenforceable by any competent authority of the executive, legislative, judicial or administrative branch of the Federal or any State government, the Employer and the Union shall suspend the operation of such article or provision during the period of its invalidity-and shall substitute, by mutual consent in its place and stead an article or provision which will meet the objections to its _validity and which will be in accord with the intent and purposes of the article or provision in question.

If any article or provision of this Agreement shall b_e held -invalid, inoperative or unenforceable by operation of law or by any of the above:..mentioned tribunals of competent jurisdiCtion, the remainder of this Agreement or the application of such article or provision to persons or circumstances other than those as to which it has been held invalid, inoperative or unenforceable shall not be affected thereby. ·

ARTICLE28

PROVISIONS FOR RENEWAL OF AGREEMENT: Sixty (60) days prior to July 31, 2011, written notice may be given by either party requesting a conference to prepare such alterati_ons or ar:Q.endments as may be agreed to. Failing to give such written notice, this Agreement remains in force from year to year, until written notice sixty (60) days prior to July 31 is served. Written notice shall be sent by registered mail to the National Fire Sprinkler Association, Inc. and to the Local Union at its office.

ARTICLE29

SUPPLE:MENTAL PENSION: It is mutually agreed that an Automatic Sprinkler Industry Supplemental Defined Contribution Pension Fund is hereby established for those employees whose wages are covered by this collective bargaining agreement.

2.006 19

For the purpose of the support, maintenance and administration of the Fund, each contractor who is a party to this agreement shall contribute to the Fund Four Dollars and Fifty Cents ($4.50) per hour for all hours worked by all Journeymen and Three Dollars and Fifty ($3 .50) per hour for all hours worked by all Apprentices covered by this Collective Bargaining Agreement effective on and after August 1, 2006.

The employer shaH not-be-responsible for any expense or cost beyond this-hourly- contribution as -set forth herein.

This fund is created under an Agreement and Declaration of Trust by and between National Fire Sprinkler Association, Inc. and Sprinkler Fitters and Apprentices Local Unions No. 709, Los Angeles, California, No. 483, San Francisco, California, and No. 699, Seattle, Washington. There shall be an equal number of Association and union trustees, appointed by the respective parties to this agreement. It shall be the duty of the trustees to administer the Agreement and Declaration ,of Trust in accordance with Federal and State Laws and to take all necessary steps to carry out the legal operation of the fund.

The employers bound by this agreement do hereby join in and subscribe to the Agreefuent and Declaration of Trust of the Automatic Sprinkler Industry Supplemental Defined Contribution Pension Fund and agree to be bound by any amendments thereto.

A Joint Committee is hereby created for the purpose of implementing the details of .. administration of this fund. Monthly contributions shall-be made by all employers party to this agreement on behalf of each individual employee to a depository selected and agreed to by the Joint Committee.

Local Union 676 reserves the right to withdraw from the National Automatic Industry Supplemental Pension Fund contingent upon six months notification prior to the anniversary date of the Agreenieri.t. Should Local676 elect to withdraw its participation, contributions shall be termin_ated and shall be alloGated to a similar type or form of supplemental pension fund.

ARTICLE30 ·

INDUSTRY FUND: Effective August 1, 2006 employers shall pay to the Connecticut Automatic Sprinkler Industry Fund a sum of money equal to Twenty Cents ($0.20 ) per hour for each hour worked by each employee subject to this agreement. The $0.20 is to be broken down as follows:

$0.14 for NFSA national programs $0.06 for local programs

Effective January 1, 2007, the contribution to the Connecticut Automatic Sprinkler Industry Fund for NFSA National Programs shall increase to $0.24 per hour.

2006 20

,··

The parties agree that on and after January 1, 2008, upon thirty (30) days notice, they will meet and discuss the contribution rate to the Industry Fund to determiner whether adjustments are necessary and appropriate.

Employers agree to become a party to the Agreement and Declani.tion of Trust establishing _ •

0 ·~~.~Jhe" ConnecticutAuto:tll~ti~~~P:tipJ

,.r.

ADDENDUM to the

AGREE:MENT BETWEEN NATIONAL FIRE SPRINKLER ASSOCIATION, INC. and

SPRINKLER FITTERS LOCAL UNION 676

The following is the jurisdiction of work of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada:

All piping for plumbing, water, waste, floor drains, drain grates, supply, leader soil pipe, grease traps, sewage and vent lines. .

All piping for water filters, water softeners, water meters and the setting of same.

All cold, hot and circulating water lines, piping for house pumps, cellar drainers, ejectors, house tanks, pressure tanks, swimming pools, ornamental pools, display fountains, drinking fountains, aquariums, plumbing fixtures and appliances, and the handling and

· setting of the above mentioned equipment. ·

All water services from mains to buildings, including water meters and water meter foundations.

All water mains from whatever source including branches and fire hydrants, etc.

All down spouts and drainage areas, soil pipe; catch basins, manholes, drains, gravel basins, storm water sewers, septic tanks, cesspools, water storage tanks, etc.

All liquid soap piping, liquid soap tanks,' soap valves, and equipment in bath and washrooms,shower stalls, etc.

All bathroom, toilet room and shower room accessories, i.e., as towel racks, paper holders, glass shelves, hooks, mirrors, cabinets, etc.

All lawn sprinkler work including piping, fittings, and lawn sprinkler heads.

All sheet lead lining for X-ray rooms, fountains, swimming pools or shower stalls, tanks or vats for all purposes and for roof flashings in connection with the pipe fitting industry.

All fire stand pipes, fire pumps, pressure and storage tanks, valves, hose racks, fire hose, cabinets and accessories, and all piping for sprinkler work of every description.

All block tin coils, carbonic gas piping, for soda fountains and bars, etc.

All piping for railing work, and racks of every description, whether screwed or welded.

2006 22

All piping for pneumatic vacuum cleaning systems of every description.

All piping for hydraulic, vacuum, air, water, steam, oil, or gas, used in connection with railway cars, railway motor cars and railway express locomotives.

All power plant piping of every description.

The handling, assembling, and erecting of all economizers, super-heaters, regardless of the mode or method of makin~ joints, hangers, and erection of same.

All internal and external piping on boilers, heaters, tanks and evaporators, water legs, water backs, and water grates, boiler compound equipment, etc.

All soot blowers and soot collecting piping systems.

The setting, erecting, and piping, for all smoke consuming and smoke washing and regulating· devices.

The setting, erecting and piping of instruments, measuring devices, thermostatic controls, gauge boards and other controls used in connection with power heating, refrigerating, air conditioning, manufacturing, mining and industrial work.

The setting and erecting of all boiler feeders, water heaters, filters, water softeners, purifiers, condensate equipment, pumps, condensers, coolers and all piping for same in power houses distributing and boosting stations, refrigeration, bottling, distilling, and brewing plants, heating, ventilating and air conditioning systems.

All piping for artifiCial gases, natural gases, and holders of equipment for same, chemicals, minerals and by-products for refining of same, for any and all purposes.

The setting and erecting of all underfeed stokers, fuel burners and piping including gas, oil, power fuel, hot and cold air piping, and all accessories and parts of burners and stokers, etc.

All ash collecting and conveyor piping systems, including all air washing and dust collecting piping and equipment, accessories and appurtenances and regulating devices, etc.

The setting and erection of all oil heaters, oil coolers, storage and

distribution tanks, transfer pumps, and mixing devices, and piping thereto of every description ..

The setting, erecting and piping of all cooling units, pumps, reclaiming systems, and appurtenances in connection with transformers, and piping to switches of every description.

2006 23

All fire extinguishing systems, and piping, whether by water, steam, gas or chemical, fire alarm piping and control tubing, etc.

All piping for sterilizing, chemical treatment, deodorizing, and all cleaning systems of every description and laundries of all purposes.

All piping for uil, or gasoHne tanks, gravity and pressure lubricating and greasing systems~ air and hydraulic lifts, etc.

All piping for power, or heating purposes, either by water, air, steam, gas, oil, chemicals, or any other method.

All piping, setting and hanging of all units and fixtures for air-conditioning, cooling, heating, roof cooling, refrigerating, ice making, humidifying, dehumidifying, dehydrating, by any method and the charging and testing, servicing of all work after completion.

All pneumatic tube work, and all piping for carrying systems by vacuum, compressed air, steam·, water, or any other method. ·

All piping to stoves, fire grates, blast and heating furnaces, ovens, driers, heaters, oil burners, stokers andboilers and cooking utensils, etc. of every description.

All piping in connection with central distributing filtration treatment stations, boosting stations, waste and sewage disposal plants, central chlorination and chemical treatment work, and all underground supply lines to cooling wells, suction basins, filter basins, settling basins, aeration basins.

All process.piping for refining, manufacturing, industrial, and shipping purposes, of every character and description.

All air piping of every description.

All temporary piping of every description in connection with building and construction work, excavating and underground construction:

The laying out and cutting of all holes, chases and channels, the setting and erection of bolts, inserts, stands, brackets, support, sleeves, thimbles, hangers, conduit and boxes used in connection with pipe fitting industry.

The handling and setting of boilers, setting of fronts, setting of soot blowers and attaching of all boiler trimmings.

All pipe transportation lines for gas, oil, gasoline, fluids and liquids, water aqueducts, and water lines and booster stations of every description.

2006 24

;'~:

...... ···

All acetylene and arc welding, brazing, lead burning, soldering and wiped joints, caulked joints, rolled joints, or any other mode or method of making joints in colU1ection with the pipe fitting industry. .

Laying out, cutting, bending and fabricating of all pipe work of every description, by whatever

mode or method.. ---"--~~-~~-----"·'-------0 _______ --~~-~--~~-~-~---- ~~-----·. ~·---------~~~"-~~~--~,~---"~--. ~ .oc·~=-~-~~s--~-~.;.;:-...:::.:::....:.:.:==:=-::-.-.:.:..._: -~.;.;:..,_~-:_;;,..::.~:.=S...=;·_,_;. c;-

All methods of stress relieving of all pipe joints made by every mode or method.

The assembling and erecting of tanks, used for mechanical, manufacturing, or industrial purposes, to be assembled with bolts, packed, or welded joints.

The handling and using of all tools and equipment that may be necessary for the erection and installation of all work and materials used in the pipe fitting industry.

The operation, maintenance, repairing, servicing and dismantling of all work installed by journeymen members of the United Association.

All piping for cataracts, cascades (i.e., artificial water fall's), make-up water fountain, captured waters, water towers, cooling towers, and spray ponds, used for industrial, manufacturing, commercial, or for any other purposes.

Piping herein specified means pipe from metals, tile, glass, rubber, plastics, wood, .or any other kind of material or product manufactured into pipe, usable in the pipe fitting industry, regardless of size or shapes.

2006 25