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AGREEMENT between INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRON WORKERS LOCAL 11 and BENEFIT FUNDS and TRAINING FACILITY and ASSOCIATED CONSTRUCTION CONTRACTORS OF NEW JERSEY and CONSTRUCTION CONTRACTORS LABOR EMPLOYERS Effective: 7/1/15 to 6/30/18

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AGREEMENTbetween

INTERNATIONAL ASSOCIATION OF BRIDGE,STRUCTURAL, ORNAMENTAL AND

REINFORCING IRON WORKERS LOCAL 11and

BENEFIT FUNDSand

TRAINING FACILITYand

ASSOCIATED CONSTRUCTIONCONTRACTORS OF NEW JERSEY

andCONSTRUCTION CONTRACTORS

LABOR EMPLOYERS

Effective: 7/1/15 to 6/30/18

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INDEX

ARTICLE PAGE I Recognition . . . . . . . . . . . . . . . . . . . . . . .2 II Definitions . . . . . . . . . . . . . . . . . . . . . . . .3 III Brandle Agreement . . . . . . . . . . . . . . . . .4 IV Work Jurisdiction-Industry

Improvement . . . . . . . . . . . . . . . . . . . .5 V Work Hours, Overtime and

Shift Work . . . . . . . . . . . . . . . . . . . . .13 VI Holiday Pay . . . . . . . . . . . . . . . . . . . . . .16 VII Show Up Time . . . . . . . . . . . . . . . . . . . .17 VIII Wage Rates-Wage Payment . . . . . . . . .18 IX Hard Hats-Tool- Safety . . . . . . . . . . . . .22 X Insurance Coverage . . . . . . . . . . . . . . .25 XI Trust Funds . . . . . . . . . . . . . . . . . . . . . .25 XII Grievances-Strikes-Lockouts . . . . . . . . .35 XIII Apprentices and Trainees . . . . . . . . . . .37 XIV Hiring Hall . . . . . . . . . . . . . . . . . . . . . . .39 XV Term of Agreement . . . . . . . . . . . . . . . .40 Agreement with Individual Employer . . .42 Schedule “A” – Wage Rates . . . . . . . . .44 Schedule “B” – Fringe Benefits . . . . . . .47

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AGREEMENT

This Agreement made between theINTERNATIONAL ASSOCIATION OF BRIDGE,STRUCTURAL AND ORNAMENTAL ANDREINFORCING IRON WORKERS, Local 11 (hereincalled “Union”), and the ASSOCIATEDCONSTRUCTION CONTRACTORS OF NEWJERSEY, composed of and representing individualEmployers generally engaged in the industrycovered hereby, or the CONSTRUCTIONCONTRACTORS LABOR EMPLOYERS OF NEWJERSEY, composed of and representing individualEmployers generally engaged in the industrycovered hereby (herein called either “Association” or“Employer”).

WITNESSETH:In consideration of the mutual covenants herein

contained, the parties hereto for themselves andtheir respective constituents agree as follows:

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ARTICLE IRecognition Clause

The Association, and every one of its member-employers bound hereby, continue to recognize theUnion as the sole and exclusive bargaining agentwith respect to wages, rates of pay, fringe benefits,hours of work, furnishing of employees and otherterms and conditions of employment for all presentand future employees who will perform, in whole orin part, to the exclusion of all other employees of anyEmployer, any and all inside and outside work withinthe claimed, recognized and hereby assigned, workjurisdiction of said Union, hereafter stated, in itsgeographical jurisdiction. All references in theStructural and Ornamental Iron Agreement relatingto structural steel jurisdiction shall apply to thatAgreement. Heavy-Highway constructionironworkers jurisdiction shall follow the provisions ofthis Agreement. Signators to this Agreement mayalso become signators to the Structural Steel andOrnamental Iron Agreement when utilizingironworkers for that work.

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ARTICLE IIDefinitions

2.1 EMPLOYER: The term “Employer” shallmean (a) each member of said Association; and (b)any Employer who is not a member of saidAssociation but who has, or will have, entered intoan identical or counterpart of the Agreement or acondensed version thereof or incorporates thisagreement by reference in any document anemployer signs.

2.2 EMPLOYEE: The term “Employee” shallmean each and every ironworker, or ironworker-employee, of whatever class or classification,employed by an Employer to perform any workdescribed in said work jurisdiction.

2.3 WORK JURISDICTION: The term “workjurisdiction”, (synonymous with “craft jurisdiction”),appearing throughout this Agreement, means anyand all work described in Section 4.1 hereof which isperformed by the member of the particular EmployerAssociation signatory hereto.

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ARTICLE IIIBrandle Agreement

3.1 It is agreed by the parties that:

(A) The “Brandle Agreement”, datedDecember 15, 1926 made between this Union andpredecessors of the signatory Employer Associationherein established, for all time, the contractual WorkJurisdiction of this Union;

(B) The provisions hereinafter relating toWork Jurisdiction are identical, or substantially so, tothe Work Jurisdiction appearing in said BrandleAgreement;

(C) such Work Jurisdiction has remainedinviolate since December 15, 1926; and

(D) said Brandle Agreement shall remainas conclusive and irrefutable evidence of the originalof said Work Jurisdiction in the event is challenged,infringed, impaired or violated.

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ARTICLE IVWork Jurisdiction-Improvement

4.1 The claimed, recognized and assignedwork jurisdiction, referred to in the RecognitionClause above is as follows:

(A) The alteration of any material on thejob, erection and construction of all iron and steel,ornamental lead, bronze, brass, copper andaluminum, precast, reinforced concrete structures orparts thereof; stud rails, filigree, hambro systems,erection of panels of any material, post tension, theerection of fiber reinforced polymers or otherplastics; bridges either temporary or permanent,viaducts, inclines, dams, docks, dredges, vessels,locks, gates, aqueducts, reservoirs, spillways,flumes, caissons, cofferdams, subways, tunnels,cableways, tramways, monorails, blast furnaces,ovens, cupolas, smoke conveyers, pen stocks, flagpoles, drums, shafting, shoring, fur and storagerooms, fans and hot rooms, stacks, bunkers,conveyers, dumpers, elevators, vats, enamel tanksand vats, tanks, towers, pans, hoppers, plates,anchors, caps, corbels, lintels, Howe andcombination trusses, grillage and foundation work;all grating bucks, partitions, hanging ceilings,hangers, clips, brackets, flooring, floor construction

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and domes, cast tiling, duct and trench frames, andplates, all wire work, railings, including pipe, guards,fencing, guide rail, grillwork, side-walk and vaultlights, sky-lights, roofs, canopies, marquees,awnings, cantilever signs, span structures, elevatorand dumbwaiter enclosures, elevator cars, tracks,facias, aprons, operating devices, sash frames,fronts, lockers, racks, book stacks, tables andshelving, metal furniture, seats, chutes, escalators,stairways, ventilators, boxes, fire escapes, signs, jailand cell work, safes, vaults, safe deposit boxes,decking, corrugated sheets when attached to steelframes, frames in support of boilers; material alteredin field, such as framing, cutting, bending, drilling,burning and welding, including acetylene gas andelectric machines; metal forms and false workpertaining to concrete construction; sectional watertube and tubular boilers and stokers, travelingsheaves, vertical hydraulic elevators; bulkheads,skip hoists, the making and installation of all articlesmade of wire and fibrous rope; all rigging in shipyards, vessels and government departments; sheetpulling, derricks, cranes, the erection, installation,handling and operating of same on all forms ofconstruction work, all railroad bridge work, includingtheir maintenance; the moving hoisting and loweringof machinery and placing of same on foundationsincluding in bridges, cranes, derricks, piers and

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vessels; loading, the unloading, necessarymaintenance, erection, installation, removal,wrecking and dismantling of all of the above and allhousesmith work and submarine diving inconnection with or about same, installation anderection of windmills, wind turbines, solar panels,and framing for solar panels.

Cages of four feet in diameter or less maybe fabricated off site and delivered to the job siteprefabricated. Cages over four feet in diameter maybe prefabricated off site by mutual agreement, if sucha concession is necessary to remain competitive withnon-union or vertical union competitors. The aboveclaims are subject to trade agreements and finaldecisions of the American Federation of Labor.

The wage rate for guide rail, cantilever signsand span structures shall be the structural rate. Allother conditions of the Reinforcing Agreement shallprevail. On span structures, four (4) ironworkers shallbe employed. Foreman and three ironworkers. Anapprentice may be substituted if mutually agreed. Themanning requirement on span structures is effectiveon all work bid after July 1, 2015.

(B) The unloading and handling of allmaterial when it arrives at worksite shall be done by

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employees represented by the Union. When nosuch employees are on the job, the Employer mayuse others to unload and handle one (1) truck loadonly. Signals for all multipurpose cranes shall besignaled by Ironworkers on all building projects.

On all utility cranes, on heavy and highwaywork, when an ironworker is part of a compositecrew utilizing the crane, the ironworker will signal thecrane. When an Ironworker is signaling a towercrane, they shall be paid the structural steel rate.

(C) Use of burners will be permitted forcutting, but not burning of holes. The foreman orany man in gang capable of doing such burning shallbe permitted to do so.

(D) Employers having employees settingreinforcing steel are permitted to do small jobs, suchas setting a few lintels or small amount of sash orsmall amount of ornamental work. This is to apply toone contractor only. All reinforced concrete work tobe separate and distinct.

(E) All racking, sorting, cutting, bending,hoisting, placing and tying of all iron wire, steel andmetal reinforcement for reinforced concreteincluding wire, lath or mesh or sheets for floor

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arches and the making of hoops and stirrupswhether on job or elsewhere (except for vault lights),the bending, fabrication, assembling of all iron andsteel for reinforced columns, beams and girders,where concrete is substituted wholly or in part forstructural steel and for all concrete slabs, archesand other bodies of concrete supported bycorrugated or sheet metal or reinforced with rods ormesh and used in connection with structural steel.The erection of chutes and spouts for concretewhere attached to steel towers, and the cables andguys for same, to be done by ironworkers. Steelchutes in all cases to be handled and erected byironworkers. An ironworker shall be placed on allconcrete work until such time as steel is completelycovered with concrete. On each job of reinforcedconcrete, there shall be a foreman, who shall havecharge of all men on this class of work, and shallwork with his tools when requested to do so. Cuttingof three-quarter inch rods and above that size, left tothe Employer’s discretion.

(F) Reinforcement bars on all jobs shallbe shop bent at the Employers sole discretion. Anyrepairs or alterations to shop bent steel, afterdelivery to the job site, will be performed at the jobsite by Ironworkers. The use of a rebar gun shall beallowed at all times.

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(G) Technology changes are constantlyoccurring in the manufacturing processes ofproducing building components which modify thecomposition (or gauge) of the materials used toachieve the final products but are still designed andmanufactured to function the same products whichare traditionally manufactured products in carbonsteel, high strength steel or stainless steel. In thesecases where new or modified material are replacingor substituting or working in conjunction withtraditional metal sections, products or structuralshapes typically installed by Ironworkers, the work oferecting or installing the modified product is the workof the Ironworker, without any exceptions.

(H) The transfer of foreman andjourneymen at the start of the job is permissible atthe 50% level provided notice is sent to the hiringhall in whose territory the work is to be performed.Employer to be permitted to select and discharge hisown foreman after signing contract for job, providedman selected is not employed elsewhere and areport of such discharge and/or selection is made tothe hiring hall having jurisdiction.

(I) There shall be full portability of IronWorkers within the jurisdiction of Local 11.

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(J) On Structural Steel work, the crewsize may be adjusted upon mutual agreement.

4.2 (A) Each Association desiring to do somay form a Committee comprised of onerepresentative from the Ironworkers Local 11 andone representative from the Association.

(B) The Committee shall be served by aSecretary who shall be designated by theCommittee and who shall be a member of one of thesignatory Associations.

(C) The Committee will meet a minimumof once a month commencing August 1999.

(D) The Committee will discuss all phasesof this Collective Bargaining Agreement (exceptjurisdiction) with the objective of making the industrymore efficient.

4.3 (A) The Employer will not subcontract anywork within the jurisdiction of the Union as set forthin 4.1 which is to be performed at the job site exceptto a contractor who holds an agreement with theIronworkers Local 11, International Association ofBridge, Structural and Ornamental Iron Workers orone of its local unions having jurisdiction at the job

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site, or who agrees in writing, prior to or at the timeof the execution of its subcontract to be bound bythe terms of this Agreement.

(B) In the event the Employer violates anycondition of this paragraph then the violation shallfirst be submitted to the Committee, pursuant toArticle XlI herein, and failing resolution may then besubmitted by either party to a court havingjurisdiction or an arbitrator selected by the NewJersey State Board of Mediation for resolution. Inorder to expedite such hearing, a permanentarbitrator is hereby designated as approved. Saidpermanent arbitrator is J.J. Pierson, Esq. of ShortHills, New Jersey.

ARTICLE VWork Hours and Overtime

5.1 Eight hours, between 8:00 A.M. and 4:30P.M., with one-half hour for lunch, shall constitutethe regular work day. When mutually agreed to bythe Employer and the union, four (4) ten-hour daysmay be worked Monday through Thursday atstraight time pay. Friday may be used as a make-upday at straight time for days lost due to inclementweather or for other mutually agreed reasons. If

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Friday is not a make-up day, all hours worked onFriday will be paid at time and one-half the baserate.

5.2 An employer has the option at thebeginning of the job to establish a variable startingtime prior to 9:00 A.M., but not earlier than 6:00 A.M.Any change in the starting time shall be on a limitedbasis. It is mutually agreed that there shall be aflexible lunch period of one-half hour which will takeplace in the time frame that begins three hours afterthe start of the work day and ends two hours prior tothe end of the work day.

5.3 Overtime: Overtime, Monday throughSaturday, shall be at time and one-half wages andfringes. The Employer must notify the BusinessManager when they plan to work on Saturday. Allwork on Sundays and holidays shall be paid atdouble time wages and fringes.

5.4 Make-up Day: Saturday shall be used as amake-up day for loss days due to inclement weather.Friday shall be a make-up day due to inclementweather if the Employer is on a weekly schedule offour (10) hour days. Employees employed on theparticular job will be given the first opportunity towork the make-up day and if they decline, the

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Employer will request referral employees. Employermay utilize other employees not working on theparticular job by mutual consent with the Union.

5.5 In the event that any other constructiontrade union is working at the job site and is receivingdouble time higher overtime rates, then theIronworkers working at said site will receive thedouble time rates.

5.6 When so elected by the Employer, multipleshifts on a temporary basis of at least fiveconsecutive days duration may be worked. Anyperiod of time less than five consecutive work daysmay be considered shift work if mutually agreed toby the union and the employer. Standard Shift Workprovisions as follows: When a two shift schedule(including a day shift) is established, the first or dayshift shall be established on an eight (8) hour basis.The second shift shall be established on an eight (8)hour basis and paid the base rate plus 15%.

When a three shift schedule is established, thefollowing conditions shall prevail. The day shift shallbe established on an eight (8) hour basis, thesecond shift shall be established on a seven andone-half (7 1/2 ) hour basis and the third shift shallbe established on a seven (7) hour basis. The first

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shift shall receive the base or regular hourly rate.The second shift shall receive the base hourly rateplus 15%. The third shift shall receive the basehourly rate plus 20%.

For jobs bid after July 1, 2015, when an irregularshift must be established and lasts for at least five(5) consecutive days’ duration, that shift shall beestablished on an eight (8) hours basis and receivethe base hourly rate plus 20%.

Shift work shall be five (5) consecutive daysduration or more. Less than five (5) days’ duration,must be by mutual consent of the Employer andUnion.

5.7 When a contractor plans to work overtimeon a Saturday or Sunday, the foreman and thesteward must be notified by 12:00 o’clock on Friday,unless overtime is an emergency.

ARTICLE VIHoliday Pay

6.1 All work performed on New Year’s Day,President’s Day, Memorial Day, Fourth of July, LaborDay, Veteran’s Day, Thanksgiving Day, Christmas

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Day, Presidential Election Day, or the days observedas such, shall be paid at the double time rate.

6.2 Foreman and Superintendents who areemployed through a Holiday (i.e. on the scheduledworking day after the holiday), but who are notactually required to work on the holiday, shallreceive Holiday pay. For work performed on saidHolidays, at straight time (Foreman andSuperintendents) shall receive double time. If thereis but one (1) Ironworker employed on a job he shallreceive Foreman wages.

6.3 When two or more employees areemployed, one shall be selected by the Employer tofunction as a foreman. When a second foreman isneeded said foreman will mutually agreed upon bythe employer and the union.

ARTICLE VIIReferrals/Show Up Time

7.1 It is agreed that all employees will receivetwo (2) hours of pay at the applicable rate forshowing up on the job. Such employees shallremain on the job two full hours commencing at theirscheduled starting time, and must go to work,

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weather permitting. When employees show up forwork and do not start work, the two hours for whichthe employee is paid may be used for safety trainingpurposes as dictated by the employer providingthere are appropriate facilities for said training.

It is understood, however, that Superintendentsand Foremen (sometimes referred to as “StraightTime Employees”) shall be entitled to receive eight(8) hours of pay at the applicable rate for showing upon the job instead of two (2) hours pay ashereinabove provided for journeymen andapprentices.

7.2 Ironworkers requested by the Employerand referred from the Union Hall on the same dayshall be paid from the job starting time until hearrives at the job site provided it is a reasonableamount of travel time from the Hall to the job site.

ARTICLE VIIIWage Rates – Wage Payment

8.1 The hourly and daily wage rates forironworker journeymen, foremen andsuperintendents employed in the jurisdiction of IronWorkers Local 11 during the term of this Agreement

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or any extension thereof, are set forth in Schedule“A” attached hereto and made a part hereof.

(a) When working on residential constructionincluding single family, townhome or multi-familydwellings which do not exceed four (4) stories (notincluding basement levels) the hourly, daily andweekly wage rates shall be eighty (80%) percent ofthe rate set forth on Schedule “A”. Full hourly fringebenefits shall be paid in accordance with thisAgreement based on all hours worked includingovertime hours. A project Is residential whenseventy-five (75%) percent of the building based onsquare footage is zoned for residential use.

8.2 The wage rate percentages ofjourneymen’s scale shall be established by the JointApprenticeship Committee for apprentices andtrainees.

8.3 The term “gross wages” as usedthroughout this Agreement shall mean all wagespaid or compensation given for hours of servicerendered by an employee who is employedhereunder whether or not ironworker duties areperformed during such time. Accordingly, andwithout limitation, payments or compensation of anynature made under this Agreement or otherwise for

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periods such as vacations, holidays, illness, show-up time, overtime, incapacity, severance or layoffshall be included with pay for work performed as“gross wages” hereunder, but without additions,deductions or pyramiding of any sort.

8.4 (A) All employees represented by theUnion shall be paid all wages due them once aweek, on the job, in cash, during the working hoursexcept, however, if any Employer elects to pay suchwages by checks, he shall, before issuing any suchchecks, either submit to the Union a satisfactory andacceptable surety company bond in the sum of$25,000 guaranteeing payment of each and all wagechecks issued to each and all ironworkers employedby him in the jurisdiction of the Unions, or furnishsatisfactory and acceptable proof to the Union (1)that he is a bona fide member of AssociatedConstruction Contractors of New Jersey or theConstruction Contractors Labor Employers of NewJersey; and (2) that their payment, by a suretycompany blanket bond submitted to and acceptedby the Union by the Employer Group or Associationof which he is a bona fide member.

(B) Each Employer who elects to paysuch wages by his checks shall make arrangementswith a local banking institution (in the locale of the

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job) for the cashing thereof without cost to therecipients or payees upon the presentation of somereasonably required identification. By mutualagreement between the Ironworker and theEmployer, the Employer may pay wages by directdeposit to the Ironworker’s bank account.

(C) All employees who are laid off shall bepaid within a reasonable time following the layoffwithin 48 hours by overnight mail.

(D) The Local Union in whose jurisdictionthe project is located, shall select the Steward for theironworker work and that steward will be the lastjourneymen laid off. Ironworkers recruited afterprojects have started shall be recruited from thelocal union’s hiring hall in whose jurisdiction the jobsite is located.

8.5 Local Union Dues and Assessments:During the term of this Agreement, the employer shalldeduct from the wages of all employees covered bythis Agreement who have signed individual writtenauthorizations for check-off (payment) of union duesand assessments, those dues and assessments insuch amounts as are required by the Union and shallforward such deductions to the Iron Workers Local 11

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Benefit Funds and Training Facility, 12 Edison Place,Springfield, NJ 07081 for payment to the Union.“Delinquent payments shall be subject to arbitrationunder ARTICLE XI, Section 11.4(A)(6) and shall bearinterest at 18% per year, liquidated damages at 10%and 20% attorneys fees. Said arbitration may beheard with claims for delinquent Fund contributions.”

8.6 The cost of TWIC (Transportation WorkerIdentification Credential) shall be absorbed by theUnion through IMPACT.

ARTICLE IXHard Hats – Tools – Safety

9.1 It shall be the responsibility of eachemployee to wear a hard hat whenever theironworker passes or works within an area wherethere is a possibility of being struck by falling ormoving objects or materials as required by theOccupational Safety and Health Act.

9.2 Health and Safety: In accordance with therequirements of the Occupational Safety and HealthAct of 1970, it shall be the sole responsibility of theEmployer to insure the safety and health of itsemployees. Nothing in this Agreement will make the

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Union liable to any employees or to any otherpersons in the event that injury or accident occurs.

9.3 The safety and health standards and rulescontained herein are minimum standards and are notintended to imply that the Union objects to theestablishment and imposition by the Employer ofadditional or more stringent rules to protect the healthand safety of the employees. It shall be the soleresponsibility of the Employer to insure compliancewith safety and health standards and rules.

9.4 All employees shall report to work with theirown basic hand tools.

9.5. All double connections shall be subject tothe limitations of OSHA regulations.

9.6. On hazardous waste removal, on a state orfederally designated hazardous waste site where theironworker is required to wear level A, B, or C personalprotection, the ironworker shall receive an hourly wagerate of the regular hourly wage plus $3.00 per hour.

9.7 The union shall make every effort duringthe term of this agreement to have all membersOSHA 30-Hour trained and certified.

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9.8 The union agrees to employee BackgroundScreening if it is a condition of an Owner, Contractor,or Employer. No cost shall be borne by the Union orthe Employee unless it is mutually agreed to by theparties.

9.9 It is the intention of the parties to thisAgreement to provide a drug free workplace and toestablish guidelines to accomplish it, which mayinclude pre-hire, random and post accident testing,along with other provisions that would be mutuallyagreed upon by both Union and Management, detailsof which will be established by a joint committee ofUnion and management. It is understood that theprovisions outlined by this Article and the proceduresestablished by the committee are applicable onlyinsofar as they are legally determined to be propermatter for collective bargaining.

Until such time as guidelines are established andagreed to by Union and Management, the Unionshall agree to employee drug testing if it is acondition of an Owner, Contractor, or Employer, withno cost borne by the Union or the employee.

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ARTICLE XInsurance Coverage

10.1 The Employer bound hereby shall carry fullinsurance coverage to provide full benefits under theWorkmen’s Compensation Law of New Jerseyregardless of the number of ironworkers employed.Such Employer shall forthwith upon the commencementof a job elect to be covered as a contributing Employerfor unemployment compensation and temporarydisability benefits under New Jersey Revised Statutes43:21-8(c). The employees to be covered shall be thoserepresented by Local 11. Local 11 will arrange for theconsent of those employees it or they represent. Thefailure to so elect and comply with the provisions of thecited statute shall constitute a substantial breach of thisAgreement and Local 11 reserves the right to withdrawthe employees it represents.

ARTICLE XITrust Funds

11.1 Pension Fund, Welfare Fund, VacationBenefit, Training Fund and Annuity Fund.

(A) Each employer bound hereby shall,effective July 1, 2015 in addition to paying the wage

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rates and wages, promptly pay to the Trustees of thefollowing named Trusts of the Iron Workers Local 11and Benefit Funds, constituted and created by thefollowing listed agreements and Declarations ofTrust, the sum of money for each hour equivalent ofgross wages paid as hereafter set forth.

The amount to be paid to the fringe benefit Fundsare set forth in Schedule “B” attached hereto andmade apart hereof.

Allocation for any fringe benefit fund increases forthe years commencing July 1, 2016 and July 1, 2017shall be made by the Union.

11.2 Industry Advancement Fund

(A) In addition to paying the above wages,and wage rates, and contributing to the several TrustFunds abovementioned, each Employer herebybound shall promptly pay to the Administrator of theseveral Trust Funds commencing July 1, 2008 andcontinuing throughout the term hereof, unless soonerterminated, the sum of five ($0.05) cents per hour ofgross wages paid each Ironworker whom he employsin the jurisdiction of said Union or of the Local Unionsabove named for the purpose of funding industryadvancement programs.

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(B) The said Advancement Fund, and allmonies and property held by or for it, shall beadministered, managed and / or operated solely andexclusively by Employer Trustees selected orappointed by the Associated ConstructionContractors of New Jersey or the ConstructionContractors Labor Employers of New Jersey(hereinafter called “Associations”), pursuant to theirrules, regulations, or agreements. Neither the Unionnor any of its representatives shall have any voice orpart whatever in the administration, managementand / or operation of said Fund.

(C) The aforesaid contributions shall bepaid to said Funds at the same time thatcontributions are made by the Employer to theabovementioned Pension and other Trust Fundsand shall be accompanied by a report form to befurnished by said Funds.

(D) The funds which process thesecollections shall be reimbursed for all necessary andproper costs and expenses incurred in connectiontherewith.

(E) The said Employer Trustees shallhold, manage and administer said IndustryAdvancement Fund and, from time to time, make

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distribution of said monies to the respective IndustryAdvancement Funds set up or created by theseveral contractor Associations aforenamed on anequitable pro-rata basis to be by them calculatedand determined.

11.3 Fringe Benefit Due Date: Effective January1, 2013: 11.3(A) The procedures for making Fundcontributions as required in this Agreement (PensionFund, Welfare Fund, Vacation Benefit, Training Fund,Annuity Fund, Industry Advancement Fund, MarketRecovery Fund and IMPACT Fund) shall consist ofEmployer Remittance Reports fund and contributionswill be paid and filed weekly. Fringe benefitpayments for the aforementioned Funds, shall bepaid by the fifteenth (15th) day of the month followingthe month covered by such weekly reports.

However, for an employer to be eligible for and toparticipate in the Fringe Benefit payments due thefifteenth (15th) day of the month following the monthcovered by the submission of weekly reports, theemployer must submit to the Fund Office a suretycompany bond in the amount(s) that follows:

Members in Bargaining Unit Amount of BondOne thru twenty-four $ 75,000.00Twenty-five and more $150,000.00

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Employers who do not post or file a rated suretybond acceptable and satisfactory (i.e.; AM Best’srated B+ bond or better) to the Ironworkers Local 11Benefit Funds and Training Facility, 12 EdisonPlace, Springfield, NJ 07081 as outlined above,shall continue to pay Fringe Benefit contributions ona weekly basis. The Trustee shall have thediscretion of requiring a surety bond for a higheramount from an employer based upon theemployer’s remittance history.

11.4 Agreement Relating to all Trust or Funds

(A) Each Employer bound herebycovenants and agrees:

(1) that he hereby accepts and agrees tobe bound by those subsisting Agreements andDeclarations of Trust expressly relating to thePension Fund, the Welfare, the Vacation Benefit, theTraining Fund, the Annuity Fund, the MarketRecovery Fund, Industry Advancement Fund andIMPACT Fund abovementioned and assumes allobligations imposed thereby on the signers thereof,each and all of which Agreements and Declarationsof Trust are incorporated herein and hereby byreference as fully as if set out at length.

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(2) to be bound by all of the rules,regulations, standards and reporting requirementsadopted, from time to time, by either or all of theTrustees of the abovementioned Trusts or Fundsincluding the duty to submit to an audit of its booksby auditors selected by the Trustees, the costs ofwhich shall be assessed against the Employershould it be determined that required contributionsto the Funds were not reported or paid;

(3) that no benefit voucher shall bepurchased by, or sold and delivered to, him in theevent he becomes delinquent in the payment of hiscontributions to either or all of the Trusts or Fundsabove-named or mentioned;

(4) that, in addition to any remedyavailable to the Trustees of the abovementionedTrusts or Funds, and/or available to them or to theUnion, for any default in the timely payment of hisrequired contributions, the Union and/or the LocalUnions of which it is comprised, may withoutnotice and without any recourse or liabilitywhatsoever in any court, or in the State or Federaladministrative agency, now existing or hereaftercreated, refuse to refer Ironworkers to anyEmployer who defaults, or who defaulted, inmaking his full payments or contributions within

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the time limited to either or all of the Trusts orFunds above named and referred to;

(5) that the Trustees of either or all of theaforementioned Trusts or Funds may either maintainan action in their name as an entity, or in their namesas Trustees of their respective Trust, in any Courtand in any jurisdiction, or before an arbitrator ashereafter provided to claim, recover and collect anyamount or amounts due from any Employer forcontributions or sums due to their respective Trust orFund together with interest at eighteen (18%)percent per annum, and attorneys’ fee equal totwenty (20%) percent of the total sum due, andliquidated damages equal to ten (10%) percent ofthe principal sum due, as well as a reasonable auditfee of any audit was made, and all defenses, exceptone with respect to the amount actually due, arehereby waived or abandoned;

(6) The Trustees of any Fund, on itsbehalf, on behalf of the Industry advancement Fund,Market Recovery Fund and the IMPACT Fund or analleged delinquent Employer may request arbitrationof any alleged delinquencies or breach of agreementregarding Fund contributions and arbitration must beheard within sixty (60) days after such request. Thetrustees may join an individual ironworker as a party

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to any such arbitration proceeding or delinquency ora breach of agreement regarding Fund contributionsin which such ironworkers may be involved. Eachironworker subject to this Agreement does herebythrough his duly authorized representative; consentto such joinder and to the issuance of an awardbinding upon him in connection therewith.

The arbitration shall be heard at the IronworkersLocal 11 Benefit Funds and Training Facility, 12Edison Place, Springfield, New Jersey 07081-1310,and the procedures followed shall be in accordancewith the rules of the New Jersey Mediation Service.In order to expedite such hearing, a permanentarbitrator is J. J. Pierson, Esq. of Short Hills, NewJersey.

Any employer who contracts out or sublets anywork within the jurisdiction of the union shall assumethe obligations of any of their subcontractors for aprompt payment of employees’ wages and otherbenefits, including reasonable attorney’s feesincurred, in enforcing the provisions hereof butlimited, however, to the total amount then due by theemployer to the subcontractor upon receipt ofwritten notification, via certified mail, by the union orfund office of the subcontractor’s delinquency.

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(7) Delinquent Employers required toarbitrate claims for Fund delinquencies hereunderand ironworkers joined in the arbitration pursuant tothis Article hereby agree that they are obligated topresent to, and litigate before, the Arbitrator alldefenses of whatsoever type or nature then existing,including the defense of arbitrability and theArbitrator is empowered to hear and determine thesame and issue an award which may includeliquidated damages, interest, audit and attorney’sfees and which shall be final and binding upon theparties to such proceedings. The charges of theArbitrator as well as the stenographic record, if any,are to be borne by the losing party.

(B) In any case where such Employer (a)previously defaulted in the payment of his contributionto any Trust or Fund herein mentioned: (b) thefinancial irresponsibility of such Employer asdetermined by the Trustee warrants same; or (c) suchEmployer may not be amenable to the service ofprocess in any action in this State for the recovery ofany contributions due any of said Trusts or Funds; or(d) where the Employer, corporation, partnership, orother business entity is the altar ego or substitute forany other employer corporation, partnership, or otherbusiness entity which, by reason of bankruptcy,insolvency, or otherwise, has previously defaulted in

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the payment of its full contributions to any of suchTrusts or Funds, then the Trustees may bond ordeposit such additional monies in escrow that theymay deem appropriate within 10 days following ademand thereof. If the Employer shall fail to post bondor cash deposit or the additional bond or escrow, thelocal unions abovementioned shall be vested with theright to withhold employees from the Employer until hehas complied with the provisions of this paragraphaforestated and each Employer agrees that neither thelocal unions or the Funds shall be liable for anyconsequences caused by such withholding of labor.

(C) In addition to the per hour wage rate,the Employer shall contribute $.30 to IronworkersManagement Progressive Action Cooperative Trust(IMPACT), a jointly trusted Cooperative Trust withfederal tax exempt status under Section 501(a) of theInternal Revenue Code as an exempt status underSection 501(c)(5) of the Internal Revenue Code. TaxExempt status determination was rendered under theinitial name of the Trust which was the EmployersResponsive Educational Cooperation Trust of NorthAmerica. The general purposes of the Trust includethe improvement and development of the unionironworking industry through Education, Training,Communication, Cooperation and governmentallobbying and legislative initiatives.

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The reporting, payment, frequency ofpayment and administration of such contributionsshall be governed by the terms of the IMPACT TrustAgreement, policies and resolutions.

(D) Plan Assets: Any amounts owed tothe various fringe benefit Funds herein describedshall be Plan assets when due and owing.

ARTICLE XIIGrievances – Strikes – Lockouts

12.1 All grievances or disputes involving theinterpretation or application of the CollectiveBargaining Agreement of the parties which cannotbe adjusted or settled by and between the BusinessAgent, having jurisdiction, and the Employer shall besubmitted to a Committee composed ofrepresentatives of both parties which shall meetpromptly and confer with respect hereto.

12.2 Pending such procedure, there shall be nostrike or lockout. This does not apply to stoppage ofwork ordered by the Building Trades council or fordelinquent contributions.

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12.3 At no time shall there be a strike or lockoutdeclared. If the said Committee has absolutely failedto resolve the dispute, the matter can be submitted byeither party to the New Jersey State Board ofMediation for final and binding arbitration and only theEmployer and the Union shall have the right to submitany grievance to arbitration. In order to expedite suchhearing, a permanent arbitrator is hereby designatedas approved. Said permanent arbitrator is J.J.Pierson, Esq. of Short Hills, New Jersey.

12.4 When one or more employees, who havebeen requisitioned or who were therefore employed,fail to report for work, the remainder of theemployees must proceed at work awaiting the arrivalof replacements or additional employees withoutcreating any grievance or dispute in respect thereto.

12.5 Project Labor Agreements: No project laboragreement shall modify Article 4.1 Work Jurisdiction,or provide increased wage and benefit levelsbeyond those provided in this Agreement without themutual consent of the parties. A representative ofthe employer associations may request toparticipate in any negotiations for a project laboragreement. The Union will advise the employerassociations of all negotiations for project laboragreements in which they participate.

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ARTICLE XIIIApprentices and Trainees

13.1 The Joint Apprenticeship Committee of theIronworkers Local 11 Benefit Funds and TrainingFacility (“Ironworkers JAC”) shall, as heretofore, beexclusively empowered and obligated to conduct allaspects (a) of the Apprentice Training Program and(b) Ironworkers Local 11 Employer Training Programit currently operates.

13.2 For rebar work only, the ratio of apprenticesor trainees to journeymen may be one apprentice ortrainee for every four journeymen. Apprentices andtrainees shall perform all phases of structural steeland reinforcing bar work without restriction.

The ratio of apprentices to journeymen may beadjusted higher by approval of the GeneralExecutive Board.

13.3 Whenever the Employer requires theservices of an apprentice or trainees, requestsmust be made to the Ironworkers ApprenticeshipTraining Program and an indentured apprentice ortrainee will be sent to the job site. If theApprenticeship Training Program is unable toprovide an indentured apprentice or trainee, the

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Employer may hire directly any person of its ownchoice; however, such employee, by reason of hishiring, will not become an enrollee nor part of theindentured Apprenticeship Training Program but hewill have the right to make application forenrollment as all other persons.

The Employer will have the sole and exclusiveresponsibility for training and job performance. Nosuch apprentice or trainee will perform work at thejob site unless a journeymen ironworker is actuallyengaged at the time in job site work. No suchapprentice or trainee will be hired to replace orperform the work of a journeyman. The apprenticeor trainee is not a “covered employee” under theterms of this Collective Bargaining Agreement nor isthe Union his bargaining agent.

The Employer must notify the IronworkersApprenticeship Training Program Director beforehiring such apprentice or trainee and must furnishthe name, address, social security number, race,sex and telephone number of such apprentice ortrainee. For information purposes only, on a monthlybasis, the Employer will advise the IronworkersApprenticeship Training Program Director of the typeof equipment and hours worked by such apprenticesor trainees and of the wages paid for the first 1,000

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hours of employment as such apprentice or traineeand for the second 1,000 hours.

If the Employer extends medical coverage tosuch apprentice or trainee, then the cost of suchcoverage is the sole and exclusive responsibility ofthe Employer, and neither the Union for theIronworkers of Local 11 Welfare Plan shall have anyresponsibility in connection therewith to suchapprentice or trainee or any person renderinghospital or medical services on his behalf.

An Employer shall be permitted to indenture anapprentice from the Ironworker Training Program on afull time basis for the performance of work throughoutthe territory of the District Council. The papers ofindenture shall be issued by the Ironworkers of Local 11.

ARTICLE XIVHiring Hall

14.1 Every Employer bound hereby agrees thathe will recruit all employees covered herebyexclusively through the several hiring halls operatedby the Union and/or its Locals. The said hiring hallsshall be operated by the Union and its Locals in anon-discriminatory manner.

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ARTICLE XVTerm of Agreement

15.1 This agreement shall become effectiveJuly 1, 2015 and continue in full force and effectthrough June 30, 2018. If either party desires anychange or modification in this Agreement forensuing contracts, it shall be obligated to serveupon the other party a notice sixty (60) days priorto the terminal date hereof setting forth thechanges of modifications desired.

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IN WITNESS WHEREOF, we the undersignedauthorized representatives of the InternationalAssociation of Bridge, Structural, Ornamental andReinforcing Iron Workers Local 11 and Benefit Fundsand Training and the Associated ConstructionContractors of New Jersey and ConstructionContractors Labor Employers, have hereunto set forthour hands and seals this 30th day of June, 2015.

INTERNATIONAL ASSOCIATION OF BRIDGE,STRUCTURAL, ORNAMENTAL ANDREINFORCING IRON WORKERS LOCAL 11

By RAYMOND WOODALL Raymond V. Woodall

ASSOCIATED CONSTRUCTION CONTRACTORSOF NEW JERSEY

By JACK KOCSIS Jack Kocsis, Ceo

CONSTRUCTION CONTRACTORS LABOREMPLOYERS OF NEW JERSEY

By ROBERT BRIANT, JR. Robert Briant, Jr.

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AGREEMENT WITH INDIVIDUAL EMPLOYER:

The undersigned individual Employer inconsideration of the previous execution of thisAgreement by the International Association ofBridge, Structural and Ornamental IronworkersLocal 11 hereby covenants and agrees to be boundby every term, provision, condition and obligationbinding on or imposed upon an Employer in and bythe within Collective Bargaining Agreement.

EMPLOYER:

Dated: Print Name of Firm

By Authorized Representative or Agent (Signature)

Print Name of Authorized Representative or Agent

Print Full Address

Print City, State, Zip Code

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INTERNATIONAL ASSOCIATION OF BRIDGE,STRUCTURAL AND ORNAMENTAL IRONWORKERS LOCAL 11

By Business Agent

Print Name of Business Agent and Number of Local Union

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SCHEDULE “A”WAGE RATES

Effective July 1, 2015 through December 31,2015 Rodman and Fence Rate

Hourly Daily WeeklySuperintendent $42.24 $337.92 $1,689.60Foreman $41.24 $329.92 $1,649.60Journeyman $38.24 $305.92 $1,529.60

Effective January 1, 2016 through June 30, 2016Rodman and Fence Rate

Hourly Daily WeeklySuperintendent $42.74 $341.92 $1,709.60Foreman $41.74 $333.92 $1,669.60Journeyman $38.74 $309.92 $1,549.60

Effective July 1, 2015 through June 30, 2016Structural Rate

Hourly Daily WeeklyLead Foreman $45.29 $362.32 $1,811.60Foreman $44.29 $354.32 $1,771.60Journeyman $41.29 $330.32 $1,651.60

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Effective July 1, 2016 through June 30, 2017.

Rod and Fence wage rates will depend upon theUnion’s allocation of the agreed upon $2.00 per hourincrease. Structural wage rates will depend upon theallocation of the agreed upon $1.75 per hourincrease.

Effective July 1, 2017 through June 30, 2018

Rod and Fence wage rates will depend upon theUnion’s allocation of the agreed upon $2.00 per hourincrease. Structural wage rates will depend upon theallocation of the agreed upon $1.75 increase. .

APPRENTICE WAGE RATESROD AND FENCE

Effective July 1, 2015 through December 31, 2015

Hourly Daily Weekly1st six months 50% $19.12 $152.96 $ 764.802nd six months 60% $22.94 $183.52 $ 917.602nd Year Apprentice 70% $26.77 $214.16 $1,070.803rd Year Apprentice 80% $30.59 $244.72 $1,223.604th Year Apprentice 90%$34.42 $275.36 $1,376.80

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Effective January 1, 2016 through June 30, 2016

Hourly Daily Weekly1st six months 50% $19.37 $154.96 $ 774.802nd six months 60% $23.24 $185.92 $ 929.602nd Year Apprentice 70% $27.12 $216.96 $1,084.803rd Year Apprentice 80% $30.99 $247.92 $1,239.604th Year Apprentice 90% $34.87 $278.96 $1,394.80

Effective July 1, 2015 through June 30, 2016 STRUCTURAL

Hourly Daily Weekly1st six months 50% $20.65 $165.20 $ 826.002nd six months 60% $24.77 $198.16 $ 990.802nd Year Apprentice 70% $28.90 $231.20 $1,156.003rd Year Apprentice 80% $33.03 $264.24 $1,321.204th Year Apprentice 90% $37.16 $297.28 $1,486.40

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SCHEDULE “B”FRINGE BENEFIT RATES

ROD AND FENCEEffective July 1, 2015 through December 31, 2015

Hourly Benefit paid to each Iron Workers Apprentice,Journeyman, Foreman and Lead Foremen ....$42.27

That amount is to be allocated among the severalFunds as follows:

Straight Time and Double Time One-Half Time

Pension Fund $11.45 $17.17 $22.90Welfare Fund $11.65 $17.47 $23.30Vacation Fund $ 9.60 $14.40 $19.20Training Fund $ .37 $ .56 $ .74Annuity Fund $ 7.85 $11.78 $15.70Industry Advancement Fund $ .05 $ .08 $ .10Market Recovery $ 1.00 $ 1.50 $ 2.00IMPACT $ .30 $ .45 $ .60 $42.27 $63.41 $84.54

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SCHEDULE “B”FRINGE BENEFIT RATES

ROD AND FENCEEffective January 1, 2016 through July 30, 2016

Hourly Benefit paid to each Iron Workers Apprentice,Journeyman, Foreman and Lead Foremen ....$42.77

That amount is to be allocated among the severalFunds as follows:

Straight Time and Double Time One-Half Time

Pension Fund $11.45 $17.17 $22.90Welfare Fund $11.65 $17.47 $23.30Vacation Fund $ 9.85 $14.78 $19.70Training Fund $ .37 $ .56 $ .74Annuity Fund $ 8.10 $12.15 $16.20Industry Advancement Fund $ .05 $ .08 $ .10Market Recovery $ 1.00 $ 1.50 $ 2.00IMPACT $ .30 $ .45 $ .60 $42.77 $64.16 $85.54

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Effective July 1, 2015 through June 30, 2016STRUCTURAL

Hourly Benefit paid to each Iron Workers Apprentice,Journeyman, Foreman and Lead Foremen ....$42.77

That amount is to be allocated among the severalFunds as follows:

Straight Time and Double Time One-Half Time

Pension Fund $11.45 $17.17 $22.90Welfare Fund $11.65 $17.47 $23.30Vacation Fund $ 9.85 $14.78 $19.70Training Fund $ .37 $ .56 $ .74Annuity Fund $ 8.10 $12.15 $16.20Industry Advancement Fund $ .05 $ .08 $ .10Market Recovery $ 1.00 $ 1.50 $ 2.00IMPACT $ .30 $ .45 $ .60 $42.77 $64.16 $85.54

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