RAB Residential Contract

2 0 1 4Apartment Building

AGREEMENT

BETWEEN

REALTY ADVISORY BOARDON LABOR RELATIONS

INCORPORATED

AND

SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ

EFFECTIVE APRIL 21, 2014TO APRIL 20, 2018

#4506 RAB Cover_Layout 1 7/31/14 9:37 AM Page 1

2014Apartment Building

AGREEMENT

BETWEEN

REALTY ADVISORY BOARDON LABOR RELATIONS

INCORPORATED

AND


EFFECTIVE APRIL 21, 2014TO APRIL 20, 2018

#4506 RAB Text_Layout 1 7/31/14 9:35 AM Page 1

(Continued)

TABLE OF CONTENTSSubject PageAdoption of Agreement............................28-36Arbitration ................................................15-20Better Conditions...............................11, 38, 43Building Safety............................................126Bulletin Board ...............................................92Call In Pay .....................................................62Check-off......................................................6-8Classification of Buildings...............55-57, 134Commercial Occupancy ................................57Common Disaster ........................................122Complete Agreement ...................................123Condemnation................................................55Contracting of Work...........................1, 2, 9-10Cost of Living ..........................................59-60Day of Rest ....................................................91Days Off ............................................12, 61, 64Death in Family ....................................117-118Death of Employee ......................................121Definition, Job .............................................116Disability Benefits Law............................50-52Discharge ...............................3-4, 12-13, 66-70Discrimination......................................106-115Discrimination – Protocol ....................107-115Election Day.............................................81-82Employees’ Rooms...............................115-116Experienced Employee.............................97-98


(Continued)

Subject PageEye Glasses....................................................92Family and Medical Leave Act..............86, 107Fines ............................................................106Fire and Flood Call ........................................92Firemen ....................................................87-88First Aid Kit...................................................92Garnishments ...............................................117Governmental Decrees ................................121Grievance Procedure ................................13-15Health Fund...................................36-42, 48-50Hiring ...................................................101-102Holidays .......................................11, 78-81, 82Hours ..................................................11, 61-63Identification................................................119Inspection of Payroll Records .........................6Job Vacancies ............................93-95, 101-102Joint Industry Advancement

Project...........................................73-75, 131Jury Duty ........................................11, 118-119Layoff............................20-25, 94, 99-101, 104Leave of Absence .....................................84-86Legal Services Fund ......................................46Licenses .......................................................106Lie Detector Tests.................................122-123Life Insurance ..........................................11, 38Locker............................................................93Lockout ....................................................25-27Luncheon Period ................................11, 61-62


(Continued)

Subject PageMaintenance of Benefits ..........................41-42Management Rights. ................................12-13Meal Money...................................................62Method of Service .......................................124Military Service............................106, 126-127Moving Expenses ..........................................66Multi-Employer Association ....................28-36Newly Constructed Buildings........................31New Development .........................................76New Hire Rate..........................................95-97Notices to Union..........................................125Overtime.................................15, 61-63, 78, 82Part-time Employee. ....................54, 64, 82, 87Payment of Wages ....................................82-84Pension Fund .....42-45, 48-50, 97, 98, 132-133Permits.........................................................106Personal Day............................................79, 81Picketing...................................................25-28Posting......................................................93-94Preamble. .........................................................1Pregnancy Leave ...........................................85Premium Pay ................................61-62, 78, 80Professional Occupancy ................................57Promotion.................................................93-94Pyramiding ....................................................78Recall......................................................99-101Reducing Force ..................................20-25, 94Relief-Employees ..........................................82


(Continued)

Subject PageRent Collection............................................122Replacements .....................................90-91, 95Rest Room .....................................................93Sale of Building................................32-33, 105Sanitary Arrangements ..................................93Saving Clause ..............................................123Schedules.................................................12, 82Security Background Checks ........124-125,130Seniority ...................................................93-95Service Center Visit .....................................120Severance Pay ...........................66-67, 102-105Sickness Benefits..........................11, 52-54, 78Signatory Building ...............................1, 28-36Strikes.......................................................25-28Sub-Contracting .........................................9-10Superintendents ..................................47, 63-73Supplemental Retirement and

Savings Fund ..................................46-47, 98Term of Agreement ..............................127-128Termination Pay........................66-67, 102-105Tools ............................................................105Training Fund. ..........................................45-46Training Program ........................................117Transportation Costs....................................123Trial Period ..............................................69, 95Unemployment Insurance Law ................50-52Uniforms ..................................................91-92Union Dues...................................................6-8


Subject PageUnion Insignia ...............................................92Union Recognition ...................................1-3, 8Union Security .............................................1-8Union Visitation...........................................118Utilities .................................................115-116Vacations ............................................11, 86-90Vacation Replacement Rate......................90-91Veteran Transition Assistance ..............126-127Voting Time..............................................81-82Wages ..................................11, 58-65, 135-138Wage Differentials ...................................65, 77Wage Rates...........................................135-138Work Authorization/Status Disputes ...........126Workers’ Compensation

................................36-37, 42, 51, 52, 84, 86Working Conditions ................11, 61-63, 64-65Workweek................................................61, 64Work Clothes............................................91-92


AGREEMENT made as of the 21st day ofApril, 2014, by and between the REALTYADVISORY BOARD ON LABORRELATIONS, INCORPORATED, herein calledthe “RAB,” acting on behalf of various ownersof apartment buildings and other employers whobecome signatory to this agreement, hereinseverally referred to as “Employer,” and theSERVICE EMPLOYEES INTERNATIONALUNION, LOCAL 32BJ, herein referred to as the“Union,” acting on behalf of its members andother building service employees to whom thisAgreement applies and for whom it is thecollective bargaining agency.

ARTICLE IUnion Recognition and Union Security

1. The Union is recognized as the exclusivecollective bargaining representative of allclassifications of service employees at eachapartment building in New York City, Nassau,Suffolk, Duchess, Sullivan, Putnam, Rockland andWestchester counties in New York, Connecticutand New Jersey, which is committed to thisAgreement.

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

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2. This Agreement shall apply to allclassifications of service employees employed bythe Employer. Article II of this Agreement shall alsoapply to employees of cleaning and maintenancecontractors who employ employees in any buildingcommitted to this Agreement working in any jobcategory covered by this Agreement.

3. There shall be a Union Shop throughoutthe term of this Agreement in every buildingwhere there was a Union Shop under the 2010Apartment Building Agreement and in otherbuildings whenever it is agreed or determinedthat a majority of the employees in suchbuildings are members of or have applied formembership in the Union.

The “Union Shop” requires membership inthe Union by every employee in the building asa condition of employment after the thirtieth dayfollowing employment or the execution date ofthis agreement, whichever is later, or in the caseof newly organized buildings, after the thirtiethday following agreement or determination thata majority of the employees in such buildingsare members of or have applied for membershipin the Union, and requires that the Union shallnot ask or require the Employer to discharge orotherwise discriminate against any employeeexcept in compliance with law.

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In the event the Union security provision ofthis Agreement is held to be invalid,unenforceable or of no legal effect generally orwith respect to any building because ofinterpretation or a change of federal or statestatute, city ordinance or rule or decision of anygovernment administrative body, agency orsubdivision, the permissible Union securityclause under such statute, decision or regulationshall be enforceable as a substitute for the Unionsecurity clause provided for herein.

4. Whenever the Union files with the RABand the Employer a claim that a majority of theemployees in a building are members of or havemade application for membership in the Union,the Union Shop requirement shall be madeeffective within fifteen (15) days thereafter,unless the Employer or the RAB within ten (10)days, notifies the Union that it requires adetermination of that claim.

5. Upon receipt by the Employer of a letterfrom the Union’s Secretary-Treasurer requestingany employee’s discharge because he/she hasnot met the requirements of this Article, unlessthe Employer questions the propriety of sodoing, the employee shall be discharged withinfifteen (15) days of said notice if prior theretohe/she does not take proper steps to meet said

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requirements. If the Employer questions thepropriety of the discharge, he shall immediatelysubmit the matter to grievance, and if not thussettled, to the Arbitrator for final determination.If it is finally settled or determined that theemployee has not met the said requirements, heshall be discharged within ten (10) days afterwritten notice of the final determination hasbeen given to the RAB and the Employer.

The Employer shall be responsible for unpaiddues after receipt of notice provided for in thissection and exhaustion of contractual remedies.The Employer’s obligation shall begin fifteen(15) days after such notice or, if the Employerquestions the discharge, after the finaldetermination of the arbitrator.

6. The Union will hold the Employerharmless from any liability arising from adischarge asked by the Union pursuant to thisArticle provided the Employer has done nothingto cause or increase its own liability concerningremoval of employees.

7. No building service employee may beemployed in any building, except within atenant’s apartment, save by the Employer,without the consent of the Union.

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8. During any period in which it is notestablished that a majority of the employees ina building are members of, or have madeapplication for membership in the Union, it isagreed that all employees who, upon the datethis agreement is signed for their building, aremembers of the Union in good standing inaccordance with the Constitution and By-Lawsof the Union, and all employees who thereafterbecome members shall, as a condition ofemployment, remain Union members in goodstanding during the life of the agreement.

9. Upon execution of this Agreement theEmployer shall furnish the Union and the RABwith a complete list of the names, social securitynumbers and home addresses and job locationof all employees covered by this Agreement andshall notify the Union and the RAB of the namesand social security numbers and home addressesand job location of each new employeethereafter employed.

The Employer shall notify the Union and theRAB in writing, as soon as a cancellation of anaccount becomes effective where Unionmembers are employed and the Employer shallnotify the Union when he acquires a newbuilding service job.

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10. The Union shall have the right to inspectthe Employer’s Social Security reports and allpayroll records (except the salary of thenonunion Supervisors) in order to determine ifthis agreement is being complied with. TheUnion shall have the right to expeditedarbitration in the event an Employer fails tocomply with this right of inspection. Inspectionsmay also be made by the Union or the Arbitratorat the request of the RAB. The RAB may jointhe Union at all times, when such examinationis made. All Benefit Trust Funds establishedunder this agreement shall have the same rightto inspect as the Union but shall also have theright to inspect Supervisor’s payroll recordswhere Supervisors are covered by such Funds.

11. Each Employer agrees to deduct theUnion’s monthly dues, initiation fees, and alllegal assessments from the pay of eachemployee from whom it receives writtenauthorization and will continue to make suchdeductions while the authorization remains ineffect.

The Employer hereby agrees to deductvoluntary political contribution deductionsbased upon authorizations signed by theemployees in accordance with applicable law.

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Such deductions will be made from the pay forthe first full pay period worked by each employeefollowing the receipt of the authorization, andthereafter will be made the first pay day eachmonth, and forwarded to the Union not later thanthe twentieth day in each and every currentmonth. Such deductions shall constitute trustfunds while in the possession of the Employer.

If the Employer fails to remit to the Union thedues or other monies deducted in accordancewith this section by the twentieth day, theEmployer shall pay interest on such dues at therate of one percent per month beginning on thetwenty-first day, unless the Employer candemonstrate the delay was for good cause dueto circumstances beyond its control. The interestshall not be assessed for an Employer’s initialfailure to deduct voluntary politicalcontributions until thirty (30) days after theEmployer has received written notice from theUnion of its failure to deduct.

If a signatory does not revoke theauthorization at the end of a year following thedate of authorization, or at the end of the currentcontract, whichever is earlier, it shall be deemeda renewal of authorization, irrevocable foranother year, or until the expiration of the nextsucceeding contract, whichever is earlier.

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

12. Nothing in this Article shall be construedas an admission that the Employer or hisemployees in any particular building are engagedin interstate commerce, in an activity affectinginterstate commerce, in the production of goodsfor interstate commerce, or that any particularbuilding is covered by the provisions of theLabor-Management Relations Act, as amended.

13. In keeping with the extension of Article1, Section 1, to include New Jersey, Connecticut,Nassau, Suffolk, Duchess, Sullivan, Putnam,Orange, Rockland and Westchester counties inNew York and the geographic jurisdiction of theUnion, the RAB and the Union will establish ajoint industry committee comprised of at least 6representatives from all sectors of thecommercial and residential industry to meet onan ongoing basis, but not less than quarterly. Thecommittee shall review and analyze prevailingmarket conditions, including wage and rentalrates, and develop procedures for resolvingunion organizational and representation disputesto minimize disruption and conflict, and topromote stable and efficient labor relations andlabor conditions.

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ARTICLE IICoverage of Agreement

Sub-Contracting1. The Employer shall not make any

agreement or arrangement for the performanceof work and/or for the categories of workheretofore performed by employees covered bythis agreement except within provisions andlimitations set forth below.

2. The Employer shall give advance writtennotice to the RAB and the Union at least three(3) weeks prior to the effective date of itscontracting for such services, or changingcontractors, indicating the name and address ofthe contractor.

3. The Employer shall require thecontractor to retain all bargaining unitemployees working at the location at the timethe contract was awarded and to maintain theexisting wage and benefit structure.

The Employer agrees that employees thenengaged in the work which is contracted out shallbecome employees of the initial contractor orany successor contractor, and agrees to employor re-employ the employees working for thecontractor when the contract is terminated orcancelled. This provision shall not be construed

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to prevent termination of any employee’semployment under other provisions of thisagreement relating to illness, retirement,resignation, discharge for cause, or layoff byreason of reduction of force; however, acontractor may not reduce force or change thework schedule without first obtaining writtenconsent from the union, which shall not beunreasonably withheld.

If the contractor fails to comply with anyagreement with the Union covering the workwhich was contracted out, the Employer shall beliable severally and jointly with the contractor forany and all damages relating to unpaid Health,Pension, Training, Legal and SRSP contributions.The Employer’s liability shall commence the dateit receives written notice from the Union or theRAB of the contractor’s failure to so comply.

4. This Article is intended to apply to allemployees employed in any building committedto this Agreement and to categories of employeesto the extent that such categories of employees are“fairly claimable” by the Union, within existingNational Labor Relations Board case law. In theevent that the application of this Article, or anypart thereof, is held to be in violation of law, thenthis Article, or any part thereof, shall remainapplicable to the extent permitted by law.

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ARTICLE IIIWages, Hours & Working Conditions1. The wages, hours, terms and conditions

of employment set forth in Article XV of thisAgreement are hereby made part hereof.

2. Except as otherwise provided herein, thewages set forth in the tables on pages 135-138shall be effective as of April 21, 2014, and allits other terms and conditions shall becomeeffective on the payroll date nearest to April 21,2014. As to all buildings later adopting thisAgreement, it shall take effect upon acceptanceby the Union.

3. No provision of this Agreement shall beconstrued so as to lower any employee’s wage.If employees in any building have in effect apractice of terms or conditions better than thoseprovided for herein, applicable generally tothem for wages, hours, sick pay, vacations,holidays, relief periods, jury duty, or group lifeinsurance, such better terms or conditions shallbe continued only for employees who have hadsuch conditions. The Arbitrator may relieve theobligations in the preceding sentence ifenforcement would work an undue hardship,injustice or inequity upon the Employer.

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A change of schedules or duties, so long asrequired relief and luncheon periods arereasonably spaced, shall not violate this Section,provided the employee, the Union and the RABare given at least one (1) week’s advance writtennotice and such change is reasonable. The noticefor shift changes i.e., change in work hours ordays off, shall be three (3) weeks. However, whereas of April 21, 2014, an employee (other than aWorking Superintendent) regularly receivedconsecutive days off, the practice shall continue,and if any such employee leaves his position forany reason whatsoever, his replacement shall alsoreceive consecutive days off.

ARTICLE IVManagement Rights

1. The Union recognizes management’srights to direct and control its policies subject tothe obligations of this agreement.

2. Employees will cooperate withmanagement within the obligations of thisagreement to facilitate efficient building operation.

3. Any employee who is discharged shall befurnished a written statement of reason(s) forsuch discharge no later than five (5) workingdays after the date of discharge.

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If any employee [other than a WorkingSuperintendent covered in Article XVI] isunjustly discharged, the employee shall bereinstated without loss of seniority or rank andwithout salary reduction. The Joint IndustryGrievance Committee or the Arbitrator maydetermine whether, and to what extent, theemployee shall be compensated by theEmployer for time lost.

4. In circumstances where the managingagent demands the removal of an employeefrom further employment in a building, butwhere there is not cause to terminate theemployee, the Union will continue to work withsignatory Employers to reach a mutuallysatisfactory resolution of the dispute, and to thatend, will agree, in appropriate circumstances, tothe transfer of the employee in question toanother building, within the same county,without loss of pay or benefits.

ARTICLE VGrievance Procedure

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

1. To try to decide all issues not covered by,and not inconsistent with, any provision of this

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agreement and which are not required to bearbitrated under its terms.

2. To try to decide without arbitration, anyissue between the parties which, under thisagreement, they must submit to the Arbitrator.

3. The grievance may first be taken upbetween a representative of management and arepresentative of the Union. If it is not settled,it may be filed for arbitration.

4. All Union claims are brought by theUnion alone and no individual shall have theright to compromise or settle any claim withoutthe written permission of the Union.

5. Any matter submitted to arbitration shallbe simultaneously submitted to Joint IndustryGrievance Committee.

6. The Committee shall be composed ofrepresentatives of the Union and the RAB, whomay be present at any meeting. If the Committeemeeting is not held before the arbitration date,the meeting will be cancelled.

It shall be the function of the Committee toseek and encourage the settlement of all disputesbrought before it.

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7. Any grievance, except as otherwiseprovided herein and except a grievanceinvolving basic wage violations and Pension,Health, Training, Legal and SRSPcontributions shall be presented to the RAB inwriting within 120 days of its occurrence,except for grievances involving suspensionwithout pay or discharge which shall bepresented within 45 days, unless the Employeragrees to an extension. The Arbitrator shallhave the authority to extend the above timelimitations for good cause shown.

8. Where a failure to compensate overtimework can be unequivocally demonstratedthrough employer payroll records, the Unionmay grieve the failure to compensate suchovertime work for the three (3) year period priorto the filing of the grievance.

ARTICLE VIArbitration

1. A Contract Arbitrator shall have thepower to decide all differences arising betweenthe parties to this Agreement as to interpretation,application or performance of any part of thisAgreement, and such other issues as areexpressly required to be arbitrated before theArbitrator, including such issues as may be

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initiated by the Trustees of the Funds. Nothingin this Agreement shall preclude deferral wherethe National Labor Relations Act (“NLRA”)provides for deferral.

2. A hearing shall be initially scheduled withintwo (2) to fifteen (15) working days after either theUnion or the RAB has served written notice uponthe Office of the Contract Arbitrator, with copy tothe other party, of any issue to be submitted. TheArbitrator’s oath-taking, and the period, and therequirements for service of notice in the formprescribed by statute are hereby waived. A writtenaward shall be made by the Arbitrator within thirty(30) days after the hearing closes, except inarbitrations involving a superintendent where theArbitrator shall have ten (10) days to issue anaward. If an award is not timely rendered, eitherthe Union or the RAB may demand in writing ofthe Arbitrator that the award must be made withinten (10) more days. If no decision is renderedwithin that time, either the Union or the RAB maynotify the Arbitrator of the termination of his/heroffice as to all issues submitted in that proceeding.By mutual consent of the Union and the RAB thetime of both the hearing and decision may beextended in a particular case. If a party, after duewritten notice, defaults in appearing before theArbitrator, an award may be rendered upon thetestimony of the other party.

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Upon the joint request of all parties, the Arbitratorshall issue a “bench decision,” with written awardto follow within the required time period.

No more than one adjournment per party shallbe granted by the Arbitrator without consent ofthe opposing party.

There shall be an expedited arbitrationprocedure where the contract so provides whichshall require the Arbitrator to hear and determinethe matter within four (4) weeks after thedemand for arbitration is filed.

Due written notice means mailing, faxing orhand delivery to the address of the Employerfurnished to the Union by the RAB.

In the event that the Union appears at anarbitration without the grievant, the Arbitratorshall conduct the hearing, provided it is notadjourned. The Arbitrator shall decide the casebased upon the evidence adduced at the hearing.

3. The procedure herein with respect tomatters over which a Contract Arbitrator hasjurisdiction shall be the sole and exclusivemethod for the determination of all such issues,and the Arbitrator shall have the power to awardappropriate remedies, the award being final and

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binding upon the parties and the employee(s) orEmployer(s) involved. Nothing herein shall beconstrued to forbid either party from resortingto court for relief from, or to enforce rightsunder, any award. In any proceeding to confirman award of the Arbitrator, service may be madeby registered or certified mail, within or withoutthe State of New York, as the case may be.

4. Should either party fail to abide by anarbitration award within two (2) weeks after suchaward is sent by registered or certified mail to theparties, either party may, in its sole and absolutediscretion, take any action necessary to securesuch award including but not limited to suits atlaw. Should either party bring such suit it shall beentitled, if it succeeds, to receive from the otherparty all expenses for counsel fees and court costs.

5. Grievants attending grievances andarbitrations shall be paid for their regularlyscheduled hours during such attendance.

6. If the Union requires an employee of thebuilding to be a witness at the hearing and theEmployer adjourns the hearing, the employeewitness shall be paid by the Employer for hisregularly scheduled hours during attendance atsuch hearing. This provision shall be limited toone employee witness.

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

8. The parties have agreed to an Office ofthe Contract Arbitrator-Building ServiceIndustry. The Union and the RAB haveappointed the following Panel of Arbitrators:

John Anner Gary Kendellen Stuart Bauchner Marilyn M. Levine Noel Berman Randi Lowitt Melissa Biren Earl PfefferHoward C. Edelman David Reilly

Subject to the acceptance by the parties, five(5) arbitrators will be added to the Office of theContract Arbitrator-Building Service IndustryPanel of Arbitrators. All cases involving aSuperintendent or Resident Manager shall beassigned to Arbitrators John Anner or DavidReilly.

Upon thirty (30) days written notice to eachother, either the Union or the RAB mayterminate the services of any Arbitrator on thepanel. Successor or additional Arbitrators shallbe appointed by mutual agreement of the Unionand the RAB. In the event of the removal, deathor resignation of all of the Arbitrators, thesuccessors or temporary substitute shall bechosen by the Union and the RAB. If the parties

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

The cost of the Office of the ContractArbitrator shall be shared in a mannerdetermined by the Union and the RAB.

ARTICLE VIIReduction of Force

1. The Employer shall have the right toreduce its workforce (a) due to economichardship or (b) in the following circumstances,provided that in the case of either (a) or (b) itcan establish that the changes listed beloweliminate an amount of work similar to theproposed reduction in worker hours:

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

(ii) Elimination of all or part of specifiedwork

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

occupancy.


2. If the Employer desires to reduce its workforce it is required, in addition to their accruedvacation credits and termination pay, if any, togive employees employed for one (1) year ormore one (1) week’s notice of layoff or discharge,or in lieu thereof, an additional week’s pay. TheEmployer shall give four (4) weeks writtennotification to the Union and the RAB.

The Employer shall include in suchnotification the following:

(a) Reason for reduction, specifying whetherthe reduction is being made pursuant to one ormore of the reasons set forth in Section 1 orSection 5 of this Article.

(b) Notification should include the precisework to be eliminated, setting forth the workhours spent on each task to be eliminated andthe change in schedules and duties of remainingemployees resulting from the reduction in force.

(c) If the reduction is due to technologicaladvances, the notice shall describe thetechnological advance; how it will reduce thework, the number of work hours or reducedwork and the change in schedules and duties ofremaining employees resulting from thereduction in force.

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(d) If the reduction in force is proposed to beimplemented pursuant to Section 5 of thisArticle, the notice shall so state. It shall includea detailed description of the work beingperformed by those allegedly working at anunusually slow pace or having idle time; adescription of additional work that suchemployees should be performing within theirnormal working hours; the proposed reductionof force in work hours; change in schedules andduties of remaining employees resulting fromthe reduction in force. The notice shall includeboth present and proposed work specificationsand schedules.

3. In the event that a reduction in the workforce is effected and the reason for the reductionin the work force ceases to exist, then theEmployer shall reinstate the work force thatexisted prior to the reduction in force.

4. If the Union grieves or arbitrates adispute pursuant to this provision, the followingshall apply:

(a) The arbitration shall be expedited and inno event shall be scheduled and heard later thanseven (7) calendar days after the Union’s requestfor arbitration.

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(b) The Employer shall affirmatively demon -strate that it has eliminated an amount of worksimilar to the reduction in worker hours.

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

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

5. In addition to the reasons provided for inparagraph 1 above, the Employer shall have theright to reduce the work force where in thoseexceptional cases it can demonstrate to a SpecialCommittee consisting of the President of the Unionor his designee and the President of the RAB or hisdesignee, that an employee has idle time or isworking at an unusually slow pace. In the event theEmployer claims such an exceptional case, it shallgive the notice required pursuant to this provisionand the date required by paragraph 2 hereof.

At the conclusion of the four (4) week noticeperiod provided for in paragraph 2, the mattershall be referred to the Special Committee. SuchCommittee shall act within four (4) weeks afterthe Employer has given notice to theCommittee. If the Committee deadlocks or if theCommittee fails to act within said four (4) week

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period, the Employer may refer the matter toarbitration pursuant to the arbitration provisionsof the contract. The matter shall be heard withinfour (4) weeks after it is submitted, and adecision shall be rendered within four (4) weeksof the close of the hearing. No adjournmentsshall be granted without mutual consent.

The Employer may not reduce the work forceas proposed prior to the arbitrator’s award,provided, however, that if the arbitrator fails toissue his award within the prescribed period, theEmployer may reduce the work force asproposed, subject, however, to the ultimatedetermination of the arbitrator.

6. In the event that the four (4) weeks noticeprovided for herein is not given and theEmployer lays off employees pursuant to thisprovision, the Employer shall pay an amountequal to the laid off employees’ wages andfringe benefits (including, but not limited toPension, Health, Training, Legal and SRSPFund Contributions, Holidays, Vacation, SickPay and Premium Pay) for the period beginningwith the layoff until four (4) weeks after theEmployer notifies the Union or the issuance ofa final arbitration award, whichever is sooner,but in no event less than four (4) weeks even ifthe layoff is upheld by the arbitrator.

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The fact that payment of employees’ wagesand fringe benefits are provided for herein shallin no way be construed as a limitation of thearbitrator’s power and authority under otherprovisions of this Agreement.

Where an Employer has more than one (1) caseunder subparagraph 5, in a building, it mayconsolidate such cases for purposes of proceedingbefore the Special Committee and/or the Arbitrator.

7. The parties renew their commitment toexpeditious utilization of the Agreement processto address staffing issues and to communicateon a regular basis on this subject. To that end,the Special Committee shall meet, unless theparties agree otherwise, on a date certain oneach month, to be determined by the parties,with respect to issues that arise under ArticleVII, Sections 1 and/or 5, or such other items asthe parties shall determine.

ARTICLE VIIINo Strikes or Lockouts

1. There shall be no work stoppage, strike,lockout or picketing except as provided inSections 2, 3, and 4 of this Article. If thisprovision is violated, the matter may besubmitted immediately to the Arbitrator.

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In the event of an alleged violation of thisArticle, the RAB or the Union may request animmediate arbitration. The Office of theContract Arbitrator shall schedule a hearing onthe alleged violation within 24 hours. TheArbitrator shall issue an award determiningwhether or not said alleged strike or lockout isin violation of the collective bargainingagreement and award appropriate remedy. Thisis a procedural provision intended only to bringthe arbitration on more quickly.

2. If a judgment or Arbitrator’s award againstthe Employer for Health, Pension, Training, Legaland SRSP Fund payments or wages or an awardor judgment against a contractor for these or otherpayments is not complied with within three (3)weeks after such award is sent by registered orcertified mail to the Employer or contractor at hislast known address, the Union may order astoppage of work, strike or picketing in thebuilding involved to enforce the award orjudgment, and it may also thereby compelpayment of lost wages to any employee engagedin such activity. Upon compliance with the awardand/or judgment and payment of lost wages, suchactivity shall cease.

3. Except as otherwise provided in thisArticle, should either party fail to abide by an

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arbitration award within three (3) weeks after suchaward is sent by registered or certified mail to theparties, either party may, in its sole and absolutediscretion, bring an action at law to enforce suchaward. Should either party commence such suit itshall be entitled, if it succeeds, to receive from theother party all reasonable expenses for counselfees and court costs. Should either party fail toabide by an arbitration award and fail tocommence an action in court to vacate such awardwithin three (3) weeks after such award is servedas provided above, the aggrieved party shall havethe right to strike and compel payment of lostwages to any employee engaged in strike activityor lockout without affecting the other terms andconditions of the Agreement.

4. The Union may order a work stoppage,strike or picketing in a building where workpreviously performed by members of the Unionor within the Union’s jurisdiction is beingperformed by persons outside of the bargainingunit anywhere in the building, provided that 72hours written notice is given to the Employerand the RAB of the Union’s intention to do so.

5. The Union shall not be held liable for anyviolation of this Article where it appears that ithas taken all reasonable steps to avoid and endthe violation.

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6. Labor Peace Committee – In the interestof labor peace, and in recognition of therelationship between the New York City RealEstate Industry and the Union, the UnionPresident, or his designee, and the RABPresident, or his designee, and such otherpersons as they may mutually designate(including representatives of any interestedemployers) shall convene on a quarterly basis,or at the request of either President, to discussany labor disputes, of which they are aware,with Employers. Both parties shall use theirbest efforts to notify the other party of suchdisputes in order to provide an adequateopportunity to seek to resolve such disputes.

ARTICLE IXSignatory Buildings

Multi Employer BargainingThis Agreement may be adopted by any

apartment building in New York, at any time onor before June 30, 2014, by filing with theUnion through the RAB its written assent to thisagreement, except that the Union may refuseany assent if the building is already bound byreason of an existing agreement with the Union.

1. If there is a bona fide sale or othertransfer of title of any member building, or a

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change of control through a lease, or in the caseof a noncorporate ownership, if any person orpersons completely divest themselves ofownership or control by any arrangement, thesuccessors in ownership or control may, unlessthey have otherwise indicated their intention notto be bound by this agreement, join the RABand adopt the contract within forty-five (45)days after such acquisition, provided:

(a) The building is not already bound byanother agreement.

(b) Written notice is given to the Unionwithin five (5) days after joining the RAB.Notice shall be given by hand delivery orpostmarked not later than the fifth business day.

(c) If the building was covered by anyagreement, (1) during such period there is nolayoff or change in wages, hours, terms orconditions of employment therein; (2) the newowner or transferee recognizes employeeseniority and vacation status; (3) all obligationsto employees, and those pursuant to the Health,Pension, Training, Legal and/or SRSP Funds,are fully paid up to the transfer date; and (4)provision is made to pay retroactively any wageunderpayments resulting from the building’simproper classification under Article XIV. Any

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adoption by the Employer shall be deemed to beeffective on the date of sale.

(d) A building being converted tocooperative or condominium ownership shall betreated as a newly acquired building upon theeffective date of the declaration of thecooperative or condominium plan or transfer oftitle, or upon the transfer of shares to the firstcooperative owners or the sale of firstcondominium unit, whichever is later.

(e) Any Employer signatory to an agreementwith the Union other than this Agreement shallremain bound to the terms of that agreement untilits expiration date. If such Employer joins theRAB it may adopt the RAB contract and be fullycovered by the terms of the RAB Agreement afterexpiration of its other agreement and beforeexecution of a new contract provided:

(1) Notice in writing is given to the Union ofsuch adoption prior to the expiration of the othercontract,

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

(3) The RAB approves such membership.


2. With respect to newly organized, newlyconstructed buildings, or remodeled buildingsthat are tenant occupied, the Employer shallhave forty-five (45) days to file a commitmentto this Agreement after the Union serves arepresentation notice on the Employer with ashowing of majority status of the existingemployees, with a copy to the RAB.

Where the time limits provided for in thisArticle are not complied with, this Agreementshall not be applicable to such building unlessthe Union agrees to same in writing.

3. This Article notwithstanding, the Unionmay refuse to accept any building: (a) until itrepresents a majority of the building serviceemployees; (b) where contributions for Pension,Health, Legal, Training and SRSP Funds are indefault for three (3) months or more from thedate payment was due; (c) where an award ofthe Arbitrator has not been complied with; or (d)where during the term of this or the precedingCollective Bargaining Agreement, the Employerhas taken a building whose employees arerepresented by the Union and in which buildingit has not retained the employees and/or existingconditions of employment. The right of refusalshall not be exercised in order to require thebuilding to become a party to any other

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agreement. Before so refusing any building ortaking any further action, the Union shall notifythe RAB in writing.

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

4. In the event an Employer intends toterminate his employer-employee relationshipunder this Agreement, then the Employer shallgive the Union and the RAB reasonable writtennotice prior to the effective date thereof andupon the request of the Union, the Employershall meet with the Union to negotiate theimpact of such termination upon the employeesinvolved. The obligation to negotiate shall besubject to arbitration but failure to agree on theimpact shall not be subject to arbitration.

In the event of a change of Employer in abuilding, the RAB shall use its best efforts tohave the succeeding Employer join the RAB andbecome bound by the terms of this Agreement.

The RAB shall also use its best efforts toencourage all its members who are signatory to

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this Agreement to adopt this Agreement for eachof their buildings located within the City of NewYork (except for the Bronx).

In the event an Employer terminates anemployee or employees because of a change inownership, operation, or control of a building orbuildings, and such employee(s) are not offeredemployment or are not employed by thesucceeding Employer in the building orbuildings at the then existing wages, hours andworking conditions, the terminated employee(s)shall receive severance pay in the amount of six(6) months’ pay, in addition to any other accruedpayments due under this Agreement.

Nothing herein contained shall be deemed tolimit or diminish in any way the Union’s rightto enforce this Agreement against any transfereepursuant to applicable law concerning rules ofsuccessorship or otherwise; nor limit ordiminish in any way the Union’s or anyemployee’s right to institute proceedingspursuant to the provisions of State or Federallabor relations laws, or any statutes or ruleswhich may be applicable.

5. In the event that the Union enters into acontract, or contracts, or enters into renewals ormodifications of a contract, or contracts with

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any Employer(s) covering apartment buildingswhich contain new or revised economic termsor other conditions which are effective on orafter April 21, 2014, which economic terms orconditions are more favorable to suchEmployer(s) than the terms contained in thisAgreement, the RAB and all its memberbuildings shall be entitled to and may have thefull benefit of any and all of such more favorableterms, upon notification to the Union. Thisprovision may be waived in writing for goodcause shown by the President of the RAB or hisdesignee and the President of the Union or hisdesignee.

Upon request of the President of the RAB, theUnion shall provide copies of any agreementsoutside of Brooklyn, Manhattan, Staten Islandor Queens that are more favorable to theEmployer than the terms of this Agreement.

In buildings where wage rates under thecategory of “others” prior to April 21, 2014,were lower than those provided for in the 2010Apartment Building Agreement, wage in creasesagreed to by the Union and the Employerscovering said buildings on or after April 21,2014 shall not be construed as “more favorable”within the meaning of this Article unless thepercentage increase in wages of “others”

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category is lower than that provided for in thisAgreement. This provision shall not apply to:

(a) Newly organized buildings during theirfirst contract period;

(b) Buildings in bankruptcy;

(c) Buildings in receivership;

(d) Employees who are solely andexclusively security guards;

(e) One person buildings;

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

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

The Union shall furnish the RAB a list ofpresent agreements which are more favorable tothe Employer than this Agreement.

Any Employer claiming financial hardship inoperating a building may request a hearingbefore a Special Committee consisting of thePresident of the Union or his designee and the

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President of the RAB or his designee. At suchhearing, the Employer shall present proof offinancial hardship, including, without limitation,financial statements. The Committee may grantor deny in whole or in part relief from theprovisions of this contract. This provision shallnot be subject to grievance and arbitration.

ARTICLE XHealth, Pension, Training, Legal

and SRSP FundsA. HEALTH FUND

1. The Employer shall make contributions toa health trust fund, known as the “BuildingService 32BJ Health Fund,” to cover employeescovered by this agreement who work more thantwo (2) days per week, with such health benefitsas may be determined by the Trustees of the Fund.The Employer may, unless rejected by theTrustees, upon execution of a participationagreement in the form acceptable to the Trustees,cover such other of his/her employees as he/shemay elect, provided such coverage is incompliance with law and the Trust Agreement.

Employees who are on workers’compensation or who are receiving statutoryshort term disability benefits, Building Service

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32BJ long term disability benefits, or a BuildingService 32BJ disability pension, shall becovered by the Health Fund without employercontributions until they may be covered byMedicare or thirty (30) months from the date ofdisability, whichever is earlier.

In no event shall any employee who waspreviously covered for health benefits lose suchcoverage as a result of a change or eliminationof the Health Fund provision extendingcoverage for disability. In the event theprovision extending coverage for disability isdiscontinued for any reason, the Employer shallbe obligated to make contributions for theduration of the period that would have otherwisebeen available.

2. The Employer shall continue tocontribute to the Fund $14,794.64 per year foreach employee, payable when and how theTrustees determine, to cover employees andtheir dependent families with health benefits asagreed by the collective bargaining parties, andunder such provisions, rules and regulations asmay be determined by the Trustees.

Effective January 1, 2015 the rate ofcontribution to the Fund shall be increased to$15,574.64 per employee per year.

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3. Except as qualified by Article III, Section3 of this Agreement with respect to group lifeinsurance, any Employer who becomes party tothis Agreement and who has a plan in effectimmediately prior thereto, which provideshealth benefits, the equivalent or better than thebenefits provided for herein, and the cost ofwhich to the Employer is at least as great, mayupon agreement of the Union and the RAB,cover its employees under its existing plan inlieu of this Fund.

If any future applicable legislation is enactedthere shall be no duplication or cumulation ofcoverage and the parties will negotiate suchchanges as may be required by law.

4. The parties agree that if there isgovernmental health care reform mandatingpayment in full or part, by a contributingEmployer for some or all of the benefits alreadyprovided for in the Health Fund to participants,the parties shall meet to discuss whatameliorative steps, if any, might be appropriateto minimize any adverse impact on the Funds,its participants and Employers.

The parties agree that if the recently passedhealthcare reform legislation or any futuregovernmental healthcare reform requires (i) any

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payment by contributing Employers for some orall of the benefits already provided for in theHealth Fund to participants or (ii) requires anycontributing Employers to pay any excise orother tax, penalty (including assessablepayments), fee or other amount relating to orresulting from the eligibility requirements of orthe level of benefits provided by the Fund, theparties shall recommend that the Trustees revisethe plan of benefits under the Fund so that suchexcise or other tax, penalty (including assessablepayments), fee or other amount are not payable.In the event the Trustees do not revise the planof benefits under the Fund so that such excise orother tax, penalty (including assessablepayments), fee or other amount are not payable,the affected Employers’ contributions to theFund, or contributions to the other BenefitFunds shall be reduced by the amount of suchexcise or other tax, penalty (including assessablepayments), fee or other amount.

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

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5. Health Fund Study Committee. The RABand the Union agree to continue the work of theHealth Fund Study Committee, whose membersare appointed in even numbers by the Presidentof the Union and the President of the RAB,convened in accordance with the 2010Apartment Building Agreement to evaluate, ona continuing basis, the Building Service 32BJHealth Fund benefits and operations, with thegoal being to recommend to the Trustees waysfor the Health Fund to save money on medical,administrative and other costs associated withthe Health Fund while maintaining high qualityof care for Health Fund participants. The studycommittee has made recommendations to theTrustees of the Health Fund, includingrecommendations relating to statutorilymandated benefit or administrative designchanges, designed to save the Health Fund atleast $70 million per year in costs commencingno later than January 1, 2012. The bargainingparties have already accepted therecommendations of the Health Fund StudyCommittee and recommended to the HealthFund Trustees, who acted upon therecommendations, to take all legal actionnecessary so that (i) such recommended savingsmeasures are implemented by the Health Fund;(ii) the Health Fund reserves do not fall belowan amount equivalent to no less than six (6) full

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months of benefit costs and operating expenses;(iii) such measures shall not thereafter bemodified absent unanimous agreement of thetrustees; and (iv) such measures are made withthe intent of being permanent and within thepurposes of the aforementioned cost savings.The Health Fund Study Committee shall meetregularly, and on an ongoing basis, to continueto monitor and review Health Fund expendituresand trends, to evaluate and consider bestpractices and developments in cost-effectivemethods of providing quality benefits for thepurpose of ensuring savings are being realizedand to recommend any and all appropriatemeasures to modify or modulate cost-trends, andto make recommendations to the collectivebargaining parties and/or Fund Trusteesregarding potential actions including, withoutlimitation, for further savings.

6. If during the term of this Agreement, theTrustees find the payment provided herein isinsufficient to maintain benefits, and adequatereserves for such benefits, they shall require theparties to increase the amounts needed tomaintain such benefits and reserves subject toArticle X, Section F (4). In the event theTrustees are unable to reach agreement on theamount required to maintain benefits andreserves, the matter shall be referred to

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arbitration pursuant to the dead lock provisionsof the Fund’s Agreement and Declaration ofTrust. The preceding maintenance of benefitsprovision shall be suspended for the life of thisAgreement.

B. PENSION FUND

1. The Employer shall make contributions toa pension trust fund known as the “BuildingService 32BJ Pension Fund” to cover bargainingunit employees who are regularly employedtwenty (20) or more hours per week, includingpaid time off. The Employer shall also makecontributions on behalf of other bargaining unitemployees to the extent that such employees worka sufficient number of hours to require benefitaccrual pursuant to Section 204 of ERISA.

Employees unable to work and who are onstatutory short term disability benefits orworkers’ compensation shall continue toaccrue pension credits without employercontributions during the periods of disabilityup to six (6) months or the period of disabilitywhichever is earlier.

2. The Employer shall pay into the Fund thesum of $94.75 per week for every regularemployee as defined in the Building Service

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Pension Plan, as it may be amended, except asprovided in Section 4 hereof.

3. Effective January 1, 2015, the Employershall pay into the Fund the sum of $98.75 perweek for every regular employee.

4. If the Employer has in effect a pensionand retirement plan which has been determinedto provide benefits equivalent or superior tothose provided under the Building Service 32BJPension Plan, it may continue such planprovided it continues to provide retirementbenefits equivalent or superior to the benefitsthat are provided under the Building Service32BJ Pension Plan during the term of thisagreement, and it shall be relieved of anyobligation to make payments into the Fund.

5. Any Employer who becomes party to thisAgreement and who immediately prior theretohas a pension plan in effect which providesbenefits equivalent to or better than the benefitsprovided herein, may, upon agreement of theUnion and RAB, cover his/her employees underits existing plan in lieu of this Fund and berelieved of the obligation to make contributionsto the Fund for the period of such othercoverage.

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6. In no event shall the Trustees or any ofthem, the Union or the RAB, directly orindirectly, by reason of this agreement, beunderstood to consent to the extinguishment,change or diminution of any legal rights, vestedor otherwise, that anyone may have in thecontinuation in existing form of any suchEmployer pension plan, and the Trustees or anyof them, the Union and the RAB shall be heldharmless by an Employer against any actionbrought by anyone covered under suchEmployer’s plan asserting a claim based uponanything done pursuant to Section 5 of thisArticle. Notice of the pendency of any suchaction shall be given the Employer who maydefend the action on behalf of the indemnitee.

7. The parties agree that if there is newgovernmental regulations issued that implementthe excise tax provisions of the PensionProtection Act (PPA), or there is furthergovernmental reform relating to the funding ofpension funds, the parties shall meet to discusswhat steps, if any, might be appropriate toameliorate any adverse impact on the Funds, itsparticipants and employers.

To the extent that any employer covered bythis Agreement, with respect to employeescovered by this Agreement, becomes subject to

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the automatic employer surcharge or anyexcise tax, penalty, fee, increased contributionrate or other amount relating to the funding ofthe Pension Fund (but not including interest,liquidated damages, or other amounts owed asa consequence of failing to make timelyremittance of contributions to the PensionFund) under Sections 412 or 432 of the InternalRevenue Code, then the parties agree that therequired contributions to the Health Fund,Training Fund and/or Legal Services Fund foreach employer covered under this Agreementshall be reduced dollar for dollar by theaggregate amount of any additionalcontribution and/or surcharge amounts, excisetaxes, penalties, fees or other amounts that suchemployer is required to pay, as provided in thissubsection. Unless a different allocationamong the Funds is agreed upon in advance ofany applicable due date for such contributionsby the Presidents of the RAB and Local 32BJ,such amount shall be allocated solely from theHealth Fund.

C. TRAINING, SCHOLARSHIP ANDSAFETY FUND

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

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Safety Fund” to cover employees covered by thisAgreement who work more than two (2) days perweek, with such benefits as may be determinedby the Trustees. Effective April 21, 2014, the rateof contributions to the Thomas ShortmanTraining, Scholarship and Safety Fund shall be$169.60 per year for each covered employee.

D. GROUP PREPAID LEGAL FUND

The Employer shall make contributions to aprepaid legal services trust fund known as the“Building Service 32BJ Legal Services Fund”to cover employees covered by this Agreementwho work more than two (2) days per week withsuch benefits as may be determined by theTrustees. Effective January 1, 2014, the rate ofcontributions to the Legal Fund shall be $43.60per employee per year. Effective January 1,2015, the rate of contributions to the Legal Fundshall be $199.60 per employee per year.

E. SUPPLEMENTAL RETIREMENT ANDSAVINGS (SRSP) FUND

The Employer shall make contributions to atrust fund known as the “Building Service 32BJSupplemental Retirement and Savings Fund” tocover bargaining unit employees who areregularly employed twenty (20) or more hours

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per week, including paid time off, withemployer contributions as hereinafter providedand tax exempt employee wage deferrals asprovided by the Plan and/or Plan rules.Employer contributions for other bargaining unitemployees shall also be required for each weekin which they work twenty (20) or more hours,including paid time off. Effective April 21,2014, the rate of contributions to the SRSF shallbe $10.00 per week per employee.

For those Resident Managers and full-timeSuperintendents who have been employed as aResident Manager or full-time Superintendentfor at least two (2) years in that position in thebuilding, the Employer shall contribute anadditional $10.00 per week to the SRSF for timeworked in that position.

The Employer shall contribute an additional$10.00 per week to the SRSF for each employeeupon the employee’s completion of 25 years ofservice, provided, however, that if as a result ofthe 2016 Commercial Building Agreement suchemployees receive additional pension benefitsfor years of service in excess of 25, theobligation under this provision shall cease on theeffective date of the commencement of suchadditional benefits.

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F. PROVISIONS APPLICABLE TO ALLFUNDS

1. If the Employer fails to make requiredreports or payments to the Funds, the Trusteesmay in their sole and absolute discretion takeany action necessary, including but not limitedto immediate arbitration and suits at law, toenforce such reports and payments, togetherwith interest and liquidated damages asprovided in the Funds’ trust agreements, and anyand all expenses of collection, including but notlimited to counsel fees, arbitration costs, feesand court costs.

Any Employer regularly or consistentlydelinquent in Health, Pension, Training, Legal andSRSP Fund payments may be required, at theoption of the Trustees of the Funds, to provide theappropriate Trust Fund with a securityguaranteeing prompt payment of such payments.

2. The Trustees of the Funds shall makesuch amendments to the Trust Agreements, andshall adopt such regulations as may be requiredto conform to applicable law, and which shall inany case provide that employees whose workcomes within the jurisdiction of the Union(which shall not be considered to includeanyone in an important managerial position)

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may only be covered for benefits if the buildingin which they are employed has a collectivebargaining agreement with the Union. Anydispute about the Union’s jurisdiction shall besettled by the President of the Union and theRAB’s President.

3. Employees shall have a waiting period ofninety (90) days before becoming eligible to beparticipants in the Funds and no contributionshall be made on behalf of the employees overthe 90-day period.

4. Effective as of January 1, 2016, anycontributions and benefits required hereunder(except SRSF) shall be increased by any amountand in the same manner as contributionsand benefits may be increased in theCommercial Building Agreement to succeed thepresently effective 2012 Commercial BuildingAgreement, and if in said successor agreementservice fees are required to be paid, the samefees shall be required to be paid hereunder;provided, however, (i) the aggregate increase incontributions to the Health Fund and PensionFund (including for this purpose any suchcontributions that would be payable if not forthe reductions thereof by virtue of theapplication of the provisions of Section A.4 orSection B.7 effective anytime in 2016) shall not

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exceed $20.80 per week per employee; and (ii)the aggregate increase in contributions to theHealth Fund and Pension Fund (including forthis purpose any such contributions that wouldbe payable if not for the reductions thereof byvirtue of the application of the provisions ofSection A.4 or Section B.7 effective anytime in2017) shall not otherwise exceed $23.20 perweek per employee.

5. The parties agree that the Presidents ofthe RAB and Local 32BJ may determine, intheir discretion and upon mutual consent, priorto the beginning of the calendar years beginningJanuary 1, 2015, January 1, 2016, January 1,2017 and January 1, 2018, to allocate anyportion of the scheduled contributions in any ofthe Funds to any other Funds.

ARTICLE XIDisability Benefits Law

Unemployment Insurance Law1. The Employer shall cover its employees

so that they shall receive maximum weekly cashbenefits provided under the New York StateDisability Benefits Law on a non-contributorybasis, and also under the New York StateUnemployment Insurance Law, whether or notsuch coverages are mandatory.

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

3. The Employer will cooperate withemployees in processing their claims and shallsupply all necessary forms, properly addressed,and shall post adequate notice of places forfiling claims.

4. If the employee requests workers’compensation benefits from the Employer thenno sick leave shall be paid to such employeeunless the employee specifically requests inwriting payment of such leave. If an employeerequests disability benefits from the Employerthen only five (5) days sick leave shall be paidto such employee (if the employee has thatamount unused) unless the employeespecifically requests in writing payment ofadditional available sick leave.

5. Any employee required to attend his/herWorkers’ Compensation hearing shall be paidfor his/her regularly scheduled hours duringsuch attendance.

6. Any cost incurred by the Union toenforce the provisions of this Article shall beborne by the Employer.

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7. The Parties agree to establish acommittee under the auspices of the BuildingService 32BJ Health Fund to investigate andreport on the feasibility of self-insuringdisability and unemployment benefits.

ARTICLE XIISickness Benefits

1. Any regular employee with at least one(1) year of service (as defined in Section 4below) in the building or with the sameEmployer, shall receive in a calendar year fromthe Employer ten (10) paid sick days forbonafide illness.

Any employee entitled to sickness benefits shallbe allowed five (5) single days of paid sick leaveper year taken in single days. The remaining five(5) days of paid sick leave may be paid either forillnesses of more than one (1) day’s duration ormay be counted as unused sick leave days.

The employee shall receive the above sick paywhether or not such illness is covered by theNew York State Disability Benefits Law or theNew York State Workers’ Compensation Act;however, there shall be no pyramiding orduplication of Disability Benefits and/orWorkers’ Compensation Benefits with sick pay.

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2. An employee absent from duty due toillness only on a scheduled workday immediatelybefore and/or only on the scheduled workdayimmediately after a holiday shall not be eligible forsick pay for said absent workday or workdays.

3. Employees who have continuedemployment to the end of the calendar year andhave not used all sickness benefits shall be paidin the succeeding January, one full day’s pay foreach unused sick day.

Any employee who has a perfect attendancerecord for the calendar year shall receive anattendance bonus of $200.00 in addition topayment of the unused sick days.

For the purpose of this provision, perfectattendance shall mean that the employee has notused any sick days.

If an Employer fails to pay an employee beforethe end of February, then such Employer shallpay one additional day’s pay unless the Employerchallenges the entitlement or amount due.

4. For the purpose of this Article, one (1)year’s employment shall be reached on theanniversary date of employment.

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Employees who complete one (1) year ofservice after January 1, shall receive a pro ratashare of sickness benefits for the balance of thecalendar year.

A “regular” employee shall be defined as onewho is a full or part time employee em ployedon a regular schedule. Those employed less thanforty (40) hours a week on a regular basis shallreceive a pro rata portion of sickness benefitsprovided herein computed on a forty (40) hourwork week.

5. All payments set forth in this Article arevoluntarily assumed by the Employer, inconsideration of concessions made by the Unionwith respect to various other provisions of thisagreement, and any such payment shall bedeemed to be a voluntary contribution or aidwithin the meaning of any applicable statutoryprovisions.

6. The parties agree that on an annual basisthe paid leave benefits provided regularemployees under this Agreement arecomparable to or better than those providedunder the New York City Earned Sick TimeAct., N.Y.C. Admin. Code §20-911 et seq.Therefore, the provisions of that Act are herebywaived.

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ARTICLE XIIIBuilding Acquisition by Public

AuthorityWhere a building is acquired by a public

authority of any nature through condemnation,purchase or otherwise, the last owner shallguarantee the payment of termination pay andof accrued vacations due to the employees up tothe date of transfer of title. The Union will,however, seek to have such authority assume theobligations for payments. If unsuccessful andthe last owner becomes liable for suchpayments, the amounts thereof shall be liensupon any condemnation award or on anyamount received by such last owner.

ARTICLE XIVBuilding Classifications

1. (a) Class A buildings are buildings wherethe assessed value of the land and building,based upon the 1935 assessment, divided by thenumber of rooms in the building, gives anassessed value of over $4,000 a room;

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

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(c) Class C buildings are buildings where theassessed value of the land and building, basedupon the 1935 assessment, divided by thenumber of rooms in the building, gives anassessed value of $2,000 or less a room.

(d) All non-publicly financed buildings nowor in the future owned cooperatively or incondominium shall be classified Class A andwages shall be paid accordingly.

2. In classifying buildings completed andopened for occupancy after the levying of the1935 assessment, the first year of assessmentshall control. Where a building is newly erectedor remodeled and opened for occupancy afterApril 21, 1976, and where its properclassification as finally determined indicatedthat the employees had been paid wages lowerthan required under said classification,employees shall be paid retroactively allamounts they would have received under theproper classification.

3. In calculating the number of rooms, aroom shall be considered to be a rentable roomenclosed by four (4) walls, with a door and witha window facing a street, court, areaway orairshaft.


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4. Bathrooms shall not be counted as roomsexcept in apartments of three rooms or less,where bathrooms shall be counted as halfrooms,but this provision shall not cause a revision ofexisting classifications.

5. Rooms occupied by the superintendentand servants, if above cellar or basement level,shall be included in the total number of rooms.

6. Where stores are on the ground floor, thenumber of rooms on that floor shall beconsidered to be the same number, less three, ason a typical floor.

7. When eighty (80) percent of a building’sarea and total number of units are changed tocommercial and/or professional occupancy, itshall be considered a commercial building nolonger covered under this agreement but shallbe covered under the applicable CommercialBuilding Agreement.


ARTICLE XVWages and Hours

A. BUILDING SERVICE EMPLOYEESOTHER THAN WORKINGSUPERINTENDENTS

1. (a) Effective April 21, 2014, eachemployee covered hereunder shall receive awage increase of sixty-four cents ($0.64) foreach regular straight-time hour worked.

(b) Effective April 21, 2015, each employeecovered hereunder shall receive a wage increaseof fifty-two and one-half cents ($0.525) for eachregular straight-time hour worked.

(c) Effective April 21, 2016, each employeecovered hereunder shall receive a wage increaseof fifty-five cents ($0.55) for each regularstraight-time hour worked.

(d) Effective April 21, 2017, each employeecovered hereunder shall receive a wage increaseof sixty-nine and one-half cents ($0.695) foreach regular straight-time hour worked.

(e) Additionally, the minimum hourly ratedifferentials for handypersons including allemployees doing similar or comparable workby whatever title known, shall be increased

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by five cents (5¢) effective April 21, 2014,April 21, 2015, April 21, 2016 and April 21,2017 for each regular straight-time hourworked, and each such employee shallreceive a wage increase in an amountnecessary to bring them up to the newcontract minimum.

(f) Effective April 21, 2015, in the event thatthe percentage increase in the cost of living[Consumer Price Index for the City of New YorkMetropolitan Area (New York-New Jersey)Urban Wage Earners and Clerical Workers]from February 2014 to February 2015, exceeds6.5% then, in that event, an increase of $.10 perhour for each full 1% increase in the cost ofliving in excess of 6.5% shall be grantedeffective for the first full workweekcommencing after April 21, 2015. In no eventshall said increase pursuant to this pro visionexceed $.20 per hour. In computing increases inthe cost of living above 6.5%, less than .5%shall be ignored and increases of .5% or moreshall be considered a full point. Any increaseshereunder shall be added to the minimum.

(g) Effective April 21, 2016, in the event thatthe percentage increase in the cost of living[Consumer Price Index for the City of New YorkMetropolitan Area (New York-New Jersey)

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Urban Wage Earners and Clerical Workers]from February 2015 to February 2016, exceeds6% then, in that event, an increase of $.10 perhour for each full 1% increase in the cost ofliving in excess of 6% shall be granted effectivefor the first full workweek commencing afterApril 21, 2016. In no event shall said increasepursuant to this pro vision exceed $.20 per hour.In computing increases in the cost of livingabove 6%, less than .5% shall be ignored andincreases of .5% or more shall be considered afull point. Any increases hereunder shall beadded to the minimum.

(h) Effective April 21, 2017, in the event that thepercentage increase in the cost of living [ConsumerPrice Index for the City of New York MetropolitanArea (New York-New Jersey) Urban WageEarners and Clerical Workers] from February 2016to February 2017 exceeds 6%, then, in that event,an increase of $.10 per hour for each full 1%increase in the cost of living in excess of 6% shallbe granted effective for the first full work weekcommencing after April 21, 2017. In no eventshall said increase pursuant to this provisionexceed $.20 per hour. In computing increases inthe cost of living above 6%, less than 0.5% shallbe ignored and increases of .5% or more shall beconsidered a full point. Any increases hereundershall be added to the minimum.

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(i) Minimum wage rates shall be those setforth in the tables on pages 135-138 hereof, plusapplicable cost of living increases, if any.

2. (a) The standard workweek shall consistof five (5) days of eight (8) hours each, but thetwo (2) days off in such standard workweekneed not be consecutive, except as provided inArticle III, Section 3.

Overtime at the rate of time and one-half theregular straight-time hourly rate shall be paid forall hours worked in excess of eight (8) hours perday or forty (40) hours per week, whichever isgreater. A paid holiday shall be considered as a dayworked for the purpose of computing overtime pay.

Every employee shall be entitled to two (2) daysoff in each workweek and any work performed onsuch days shall be considered overtime and paidfor at the rate of time and one-half.

The straight-time hourly rate shall becomputed by dividing the weekly wage by thenumber of hours in the standard workweek.

(b) Luncheon recess shall not be less thanforty-five (45) minutes nor more than one (1)hour, and no employee shall be required to taketime off in any workday in excess of one (1) hour

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for luncheon recess without having such timecharged against the Employer as working time.

(c) No regular full-time employees shallhave their regular work hours, as set forth above,reduced below the standard workweek in orderto effect a corresponding reduction in pay.

(d) Hours of work for all full-timeemployees shall be consecutive each day, exceptfor the luncheon period.

(e) Any employee called in to work by theEmployer for any time not consecutive withtheir regular schedule shall be paid for at leastfour (4) hours of overtime.

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

(g) Employees required to work overtimeshall be paid at least one (1) hour at the overtimerate, except for employees working overtimedue to absenteeism or lateness.

(h) Any employee who has worked eight (8)hours in a day and is required to work at leastfour (4) hours of overtime in that day, shall begiven a $15.00 meal allowance.

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

(j) The Employer agrees to use its bestefforts to provide a minimum of sixteen (16)hours off between shifts for its employees.

B. WORKING SUPERINTENDENTS

1. (a) Effective April 21, 2014,Superintendents covered by this agreementshall receive a $28.60 weekly wage increase.

(b) Effective April 21, 2015, Superintendentscovered by this agreement shall receive a $24.00weekly wage increase.

(c) Effective April 21, 2016, Superintendentscovered by this agreement shall receive a $25.00weekly wage increase.

(d) Effective April 21, 2017, Superintendentscovered by this agreement shall receive a $30.80weekly wage increase.

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

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(f) Certain special Superintendentsagreements covering unusual cases, includingpart-time and workout Superintendents, shall benegotiated individually as heretofore.

2. (a) The standard workweek shall consistof five days (40 hours) but the two (2) days offin such workweek need not be consecutive. TheEmployer may reschedule the Superintendent’sdays off, either consecutively or non-consecutively; provided, however, that theEmployer must give the Superintendent at leastone (1) week’s notice of any change inscheduled days off.

(b) In all other respects the building’s presentpractices as to the Superintendent’s duties shallcontinue and, as heretofore, the Superintendentshall take care of emergencies. If he/she isrequired by the Employer to perform other thanemergency work on his days off, he/she shallreceive equivalent time off during the sameworkweek or a day’s pay at the time and one-half rate, as the case may be, by agreementbetween the Employer and Superintendent.Nothing herein shall be construed to affect anyrights a Superintendent may have under the FairLabor Standards Act.

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(c) The Superintendent shall not be requiredto do work in conflict with law.

(d) When an obvious inequity exists byreason of a Superintendent’s regular applicationof highly specialized abilities in his/her work, orwhere this work imposes special or substantialadditional responsibilities, the Union mayquestion the amount of the Superintendent’swage once during the term of this Agreementthrough grievance and arbitration.

ARTICLE XVIProvisions Applicable toSuperintendents Only

A. JOB SECURITY AND SEVERANCE PAYFOR WORKING SUPERINTENDENTS

1. If the building is demolished or there is abona fide transfer of title or leasehold resulting ina substantial change in the beneficial interest in thebuilding, the Employer will pay the Superintendenton or about the date of demolition or transfer oftitle the severance pay provided for below, plusaccrued vacation credits, unless the Employeroffers an equivalent position in the same or inanother building without loss of seniority. If theEmployer does not offer such an equivalentposition and the Superintendent receives severance

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pay, and if the new Employer continues theSuperintendent on the job and becomes party tothis agreement, seniority for severance paypurposes shall be computed from the date oftransfer of title or change in beneficial interest.

2. If the Employer discharges theSuperintendent for reasons other than those setforth in Section 5 below, it shall give theSuperintendent thirty (30) days’ written noticeby registered mail or personal service to vacatethe apartment he/she occupies in the building. Ifthe Superintendent does not contest his/herdischarge, he/she shall receive an additionalthirty (30) days to vacate the apartment. If theSuperintendent is required to do any workduring this notice period, he/she shall be paid athis/her regular rate of pay.

A Superintendent who voluntarily vacatessaid apartment within thirty (30) days afternotice (sixty (60) days if discharge is notcontested) shall receive severance pay ormoving expenses on the following basisaccording to length of service:

Less than 6 months .....$1000 moving expenses6 months but less than 2 years......4 weeks’ pay2 years but less than 3 years .........5 weeks’ pay3 years but less than 4 years .........6 weeks’ pay

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4 years but less than 5 years .........7 weeks’ pay5 years but less than 6 years .........8 weeks’ pay6 years but less than 7 years .........9 weeks’ pay7 years but less than 8 years .......10 weeks’ pay8 years or more. ..........................11 weeks’ pay

unless the Superintendent deliberately provokedhis/her dismissal, or his/her conduct constituteda willful or substantial violation of theobligations of his employment, but thislimitation shall not apply to moving expenses.

3. The Union may question the propriety ofthe termination of the Superintendent’s servicesand demand reinstatement, or severance pay, ifany, as the case may be, by filing a grievancewithin fifteen (15) calendar days followingreceipt by the Superintendent of the notice tovacate, on the charge that the Employer actedarbitrarily; provided, however, that the time tofile a claim for severance pay shall not belimited in a case where the Employer fails tohonor an agreement with the Superintendent orthe Union to pay severance pay. If the matter isnot adjusted through the grievance procedure, itshall be submitted for final determination to theArbitrator who may sustain the termination withsuch severance pay, if any, as the case may be,or order reinstatement. The Arbitrator shall givedue consideration to the Superintendent’s

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fiduciary and management responsibilities andto the need for cooperation between the Superin -tendent and the Employer.

4. The Employer’s notice to theSuperintendent to vacate the apartment shall beconsidered held in abeyance and the effectivedate thereof considered postponed, if necessary,until the matter is adjusted or determinedthrough grievance or arbitration; but the Unionmust exercise its right to question theEmployer’s action within the prescribed timeand the matter must be processed withreasonable promptness.

No employer shall commence an evictionproceeding, or seek to collect use and occupancyprior to an arbitrator’s award provided that thesuperintendent agrees in writing not to contestan eviction proceeding in the event that thearbitrator has upheld the discharge. There shallbe no interruption of utilities or other essentialservices to the superintendent’s apartment priorto the date an arbitrator’s award ordering suchsuperintendent to vacate his/her apartment.

5. The Employer, by written notice servedpersonally or by registered mail, may require theSuperintendent to vacate the living premisesimmediately in exceptional cases where the

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Superintendent’s continued presence mightjeopardize the tenants, employees, or thebuilding and where the proper operation of thebuilding requires the immediate employment ofa replacement. The Union may question thetermination of the Superintendent’s services byfiling a grievance within seven (7) calendar daysfollowing the receipt by the Superintendent ofthe notice to vacate.

6. The provision for arbitration of dischargeshall not apply for the first six (6) months of aSuperintendent’s employment. Upon agreementbetween the Union and the Employer withrespect to any individual Superintendent orResident Manager, the provision for arbitrationof discharge shall not apply for an additional six(6) months of a Superintendent’s or ResidentManager’s employment. For grievances arisingduring the first two (2) months of employment,the presentation period referred to in Article V,Section 7 shall be 240 days.

7. Any Superintendent resigning orterminated because of physical or mental inabilityto perform duties shall receive severance pay inaddition to accrued vacation credits based uponthe schedule provided in this Article.

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Such a Superintendent may resign and receiveseverance pay if he/she submits satisfactoryevidence of such inability at the time oftermination, unless, because of circumstancesconnected with his/her condition, theSuperintendent is unable to comply with thisrequirement.

In the event of a dispute concerning thesufficiency of the evidence, the matter shall beresolved in accordance with Article XIX,paragraph 20.

B. COVERAGE OF AGREEMENT

1. All Superintendents for whom the Unionis the collective bargaining agent are coveredunder this agreement unless they are covered bythe Resident Managers Agreement. Effectiveimmediately, the assents for the ApartmentBuilding Agreement and Resident ManagersAgreement shall be submitted in one form.

2. Superintendents employed in buildingswith six (6) or more employees shall hereafterbe covered by the Resident ManagersAgreement except that incumbentSuperintendents previously covered by theApartment Building Agreement shall continueto receive wage increases on dates set forth by

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the Apartment Building Agreement. SuccessorSuperintendents shall receive increases set forthby the Resident Managers Agreement.

3. Buildings included in Section 2 hereofshall cease to be covered by the ResidentManagers Agreement and the Superintendentsin such buildings shall thereafter be covered bythis Agreement if during the life of thisagreement the work force in such buildingsdrops below six (6) including theSuperintendent.

4. The provisions of Section 2 hereof to thecontrary notwithstanding, any building withfewer than six (6) building service employees,including the Superintendent, which wascovered by the 2010 Resident ManagersAgreement shall be covered by the 2014Resident Managers Agreement for theSuperintendent until one of the followingoccurs:

(a) Legal title of the building is transferred

(b) There is a change in Employer

(c) There is change in Superintendent

(d) There is a reduction in force

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(e) There is a violation of Article I of thisAgreement or Article II of the ResidentManagers Agreement (Subcontracting).

Immediately upon the occurrence of any ofthe above events, the building shall be coveredby the Working Superintendents provision of the2014 Apartment Building Agreement for theSuperintendent.

If as a result of one of the above events thereis a new Employer, such Employer shall nothave access to the 2014 Resident ManagersAgreement for the Superintendent.

5. Buildings which do not fall within anycategory set forth in Section 2 hereof, will becovered by the 2014 RAB WorkingSuperintendents section of this agreementregardless of the size of the work force.

6. (a) Resident Managers will not performthe duties of apartment building employees onstrike after the expiration of the 2014 ApartmentBuilding Agreement except for:

(1) Emergencies involving health and safetyof the building.

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(2) Work which the Resident Managernormally performs during non-strike periods.

(b) Violation of Section 6(a) hereof willcancel the existing Resident ManagersAgreement for the building in which theviolation occurs and the Resident Manager willbe covered by the successor RAB WorkingSuperintendent section of the ApartmentBuilding Agreement for the term of suchsuccessor agreement.

7. The Union will not interfere withResident Managers in the performance of theirassigned non-bargaining unit duties. Thebargaining unit referred to herein is the unitunder the 2014 Apartment Building Agreement.

ARTICLE XVIIJoint Industry Advancement ProjectThe Union and the RAB recognize that they

have a common interest in pursuing efforts thatwill promote development and growth in the realestate industry, as growth and development (1)create a favorable business environment for realestate industry employers and provide enhancedjob opportunities; (2) strengthen communities andNew York City’s economy; and (3) provide a pathfor a viable future for New York City. The Union

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and the RAB agree to establish this Joint IndustryAdvancement Project to further their commoninterest, upon the following terms:

1. The Project will be directed by ten (10)directors, five (5) appointed by the Union andfive (5) appointed by the RAB. The board ofdirectors shall have two (2) co-chairs, oneappointed by the Union and one appointed bythe RAB. The Directors may be replaced at willby the respective appointing parties.

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

3. The Project may hire employees andcontract for services, including accounting andlegal services, provided that no financial,contractual or other obligation may be incurredby the Project except upon a vote of theDirectors, as provided in paragraph 2.

4. The Union and the RAB may contributefunds and/or provide assistance to the Project

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upon such terms as are agreed to jointly by theRAB and the Union.

5. The actions which the Project mayundertake shall include, without limitation,education, research, advertising, and/or publicityfor the purpose of enhancing development andgrowth of the real estate industry.

6. Either in discussions among Directors of theProject, or otherwise, the Union and the RABcommit to disclosing in good faith their respectiveviews and positions on issues of importance to thereal estate industry or the Union.

7. The Union and the RAB agree that theyshall refrain, insofar as practicable and exceptas warranted by a change of circumstances, fromtaking positions on issues contrary to thepositions taken by the Project.

8. This Project may be terminated by eitherthe RAB or the Union on thirty (30) days’ noticeto the other party. Any assets or liabilities of theProject at the time of termination shall beallocated equally to the RAB and the Union.

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ARTICLE XVIIINew Development

The Union and the RAB recognize (1) thatreal estate development strengthenscommunities and enhances New York’seconomy; (2) that the economics ofdevelopments are complex and not uniform; and(3) that successful development is important toall stakeholders, and to the people of the City ofNew York. Therefore, the parties shall establisha sitting New Development Committee whosemembers shall determine, on a project-by-project basis, wage and benefit standards thataccord with the needs of the parties and areconsistent with applicable law for employees innewly constructed buildings. Any suchstandards shall be determined only upon themutual agreement of the Union and the RAB.Any action or inaction of the committee shallnot be reviewable in any forum. The committeeshall be comprised of an equal number ofpersons appointed by the President of the Unionand the President of the RAB.

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ARTICLE XIXGeneral Clauses

1. Differentials.

Existing wage differentials among classes ofworkers within a building shall be maintained. Itis recognized that wage differentials other thanthose required herein may exist or arise becauseof wages above the minima required by thisagreement. No change in such differentials shallbe considered a violation of this agreement unlessit appears that it results from an attempt to breakdown the wage structure for the building.

Where an obvious inequity exists by reasonof an employee’s regular application ofspecialized abilities in their work, the amount orcorrectness of the differential or wage may bedetermined by grievance and/or arbitration.

Notwithstanding the above, it is understoodthat licensed engineers covered under thisAgreement shall receive the same wages andbenefits as paid to engineers under the RealtyAdvisory Board (RAB) Agreement coveringlicensed engineers in New York City except thatPension, Health, Legal and Training Fundcontributions shall continue to be paid under theterms of this Agreement.

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2. Pyramiding.

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

3. Holidays – The following are therecognized contract holidays:HOLIDAY 2014 2015 2016 2017 2018

New Year’s Day Jan. 1 Jan. 1 Jan. 1 Jan. 1 Thursday Friday Sunday Monday

Martin Luther Jan. 19 Jan. 18 Jan. 16 Jan. 15King Day Monday Monday Monday Monday

Presidents’ Day Feb. 16 Feb. 15 Feb. 20 Feb. 19 Monday Monday Monday Monday

Memorial Day May 26 May 25 May 30 May 29 Monday Monday Monday Monday

Independence July 4 July 4 July 4 July 4Day Friday Saturday Monday Tuesday

Labor Day Sept. 1 Sept. 7 Sept. 5 Sept. 4 Monday Monday Monday Monday

Columbus Day Oct. 13 Oct. 12 Oct. 10 Oct. 9 Monday Monday Monday Monday

Election Day Nov. 4 Nov. 3 Nov. 8 Nov. 7 Tuesday Tuesday Tuesday Tuesday

Thanksgiving Nov. 27 Nov. 26 Nov. 24 Nov. 23Day Thursday Thursday Thursday Thursday

Christmas Day Dec. 25 Dec. 25 Dec. 25 Dec. 25 Thursday Friday Sunday Monday

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Elective Holiday: Select one of the following ora personal day at the option of the employee.HOLIDAY 2014 2015 2016 2017 2018

Lincoln’s Feb. 12 Feb. 12 Feb. 12 Feb. 12Birthday Thursday Friday Sunday Monday

Good Friday Apr. 3 Mar. 25 Apr. 14 Mar. 30 Friday Friday Friday Friday

Eid al-Fitr July 29 July 18 July 6 June 25 Tuesday Saturday Weds. Sunday

September 11 Sept. 11 Sept. 11 Sept. 11 Sept. 11 Thursday Friday Sunday Monday

Yom Kippur Oct. 4 Sept. 23 Oct. 12 Sept. 30 Saturday Wednesday Wednesday Saturday

Veterans Day Nov. 11 Nov. 11 Nov. 11 Nov. 11 Tuesday Wednesday Friday Saturday

In the event the employee selects a personalday in accordance with the above schedule itshall be granted according to the followingprovision:

Employees entitled to a personal day mayselect such day off on five (5) days notice to theEmployer provided such selection does notresult in a reduction of employees in thebuilding below 75% of the normal work staff.Such selection shall be made in accordance withseniority.

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

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Employees shall receive their regular straighttime hourly rates for the normal eight (8) hourworking day not worked, and if required to workon a holiday, shall receive in addition to the payabove mentioned, premium pay at the rate of timeand one-half their regular straight-time hourly rateof pay for each hour worked with a minimum offour (4) hours premium pay. Any employee whois required to work on a holiday beyond eight (8)hours shall continue to receive the compensationabove provided for holiday work, namely pay atregular straight-time rate plus premium pay attime and one-half regular straight-time rate.

Any regular full-time employee ill in anypayroll week in which a holiday falls is entitledto holiday pay or corresponding time off(meaning one day) if the employee worked atleast one (1) day during the said payroll week.

Any regular full-time employee whoseregular day(s) off falls on a holiday, shall receivean additional day’s pay therefore or at the optionof the Employer, an extra workday off within ten(10) days immediately preceding or succeedingthe holiday. If the employee receives the extraday off before the holiday and employment isterminated for any reason whatever, theemployee shall not be required to compensatethe Employer for that day.

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Holiday Substitution Committee. The partiesshall form a joint committee to evaluate thepotential substitution of personal days forholidays provided under Article XIX, Section 3.The Committee shall be empowered to considerand/or implement a pilot program at selectedbuildings, select holidays appropriate forsubstituting, and establish guidelines for thescheduling of personal days.

4. Personal Day.

All employees shall receive a personal day ineach contract year. This personal day is inaddition to the holidays listed in paragraph 3above. The personal day shall be scheduled inaccordance with the following provision:

Employees may select such day off on five (5)days notice to the Employer provided suchselection does not result in a reduction ofemployees in the building below 75% of thenormal work staff. Such selection shall be madein accordance with seniority.

5. Voting Time.

Election Day is a recognized holiday and anyemployee who is required to work and whogives legal notice shall be allowed two (2) hours

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off, such hours to be designated by theEmployer, while the polls are open. Said two (2)hours shall be included in the eight (8) hour dayfor which such employee receives his regularstraight-time idle pay, but shall not beconsidered as hours actually worked for thepurpose of premium pay.

6. Schedules.

Overtime, Sunday and holiday work shall beevenly distributed so far as is compatible withthe efficient operation of the building, exceptwhere Sunday is a regular part of the workweek.

7. Relief Employees.

Relief or part-time employees shall be paidthe same hourly rate as full-time employees inthe same occupational classification.

8. Method of Payment of Wages.

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

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

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Employees paid by check who work duringregular banking hours shall be given reasonabletime to cash their checks exclusive of their breakand lunch period. The Employer shall makesuitable arrangements at a convenient bank forsuch check cashing.

In the event an Employer’s check to anemployee for wages is returned due to insufficientfunds on a bona fide basis twice within a year’speriod, the Employer shall be required to pay allemployees by cash or certified check.

The Employer may require, at no cost to theemployee, that an employee’s check beelectronically deposited at the employee’sdesignated bank or a paycheck card may beutilized. The Union shall be notified by theEmployer of this arrangement.

The Union recognizes that certain employeesand Employers desire to utilize a bi-weeklypayroll schedule. Employers recognize that bi-weekly pay may create hardships for certainemployees. The parties have previously agreedto create an industry-wide committee to studythe bi-weekly pay issue. The industry-widecommittee is now authorized to conduct pilotprograms instituting bi-weekly pay at anyselected residential building(s) where the Union

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and the Employer agree to institute bi-weeklypay. If bi-weekly pay is permitted under theCommercial Building Agreement, then it shouldbe permitted under this Agreement.

9. Leave of Absence and Pregnancy Leave.

(a) Once during the term of this Agreement,upon written application to the Employer andthe Union, a regular full-time employee (exclud -ing a working Superintendent) em ployed in thebuilding for five (5) years or more shall begranted a leave of absence for illness or injurynot to exceed six (6) months.

The leaves of absence outlined above aresubject to an extension not exceeding six (6)months in the case of bona fide inability to workwhether or not covered by the New York StateWorkers’ Compensation Law or New York StateDisability Benefits Law. When such employeeis physically and mentally able to resume work,that employee shall on one (1) week’s priorwritten notice to the Employer be thenreemployed with no seniority loss.

In cases involving on-the-job injuries,employees who are on medical leave for morethan one (1) year may be entitled to return totheir jobs if there is good cause shown.

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(b) Regular full-time employees (excluding aworking Superintendent) employed for two (2)years but less than five (5) years shall be granteda leave of absence for illness or injury not toexceed one hundred twenty (120) days.

(c) In buildings where there are more thanfour (4) employees, an employee shall beentitled to a four (4) week leave of absencewithout pay for paternity/maternity leave. Theleave must be taken immediately following thebirth or adoption of the child.

Pregnancy shall be treated as any otherdisability suffered by an employee inaccordance with applicable law.

(d) Once every five (5) years, upon six (6)weeks’ written application to the Employer, aregular full-time employee (excluding aworking Superintendent) employed in thebuilding for five (5) years or more shall begranted a leave of absence for personal reasonsnot to exceed four (4) months. Upon returningto work, the employee shall be reemployed withno loss of seniority. Any time limitation withregard to the six (6) weeks written applicationshall be waived in cases where an emergencyleave of absence is required.

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(e) Any employee requesting a personal leaveof absence shall be covered for health benefitsduring the period of the leave provided theemployee requests welfare coverage while onleave of absence and pays the Employer inadvance for the cost of same.

(f) Any employee on leave due to workers’compensation or disability shall continue to becovered for health benefits without the necessityof payment by the Employer in accordance withArticle X, Paragraph A, Sub-paragraph 1.

(g) Any Employer who is required by law tocomply with the provisions of the Family andMedical Leave Act (FMLA) shall comply with therequirements of said Act. All leaves underparagraphs (a), (b) and (c) of this Section will runconcurrently with applicable FMLA leave and/orapplicable State or City law leave requirements.

(h) The RAB will encourage Employers tocooperate in granting leaves of absence forUnion business.

10. Vacations and Vacation Replacements.

a. Every employee employed with substantialcontinuity in any building or by the sameEmployer shall receive each year a vacationwith pay, as follows:

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Employees who have worked:6 Months ...................................3 working days1 Year ....................................................2 weeks5 Years ..................................................3 weeks15 Years ................................................4 weeks21 Years.................................. 21 working days22 Years...................................22 working days23 Years...................................23 working days24 Years...................................24 working days25 Years ................................................5 weeks

Length of employment for vacation shall bebased upon the amount of vacation an employeewould be entitled to on September 15th of the yearin which the vacation is given, subject to grievanceand arbitration where the result is unreasonable.

Part-time employees regularly employed shallreceive proportionate vacation allowance basedon the average number of hours per week theyare employed.

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

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

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by the same Employer shall be considered full-time employees in computing vacations.

Regular days off and contract holidays fallingduring the vacation period shall not be counted.If a contract holiday falls during the employee’svacation period, the employee shall receive anadditional day’s pay therefore, or, at theEmployer’s option, an extra day off within ten(10) days immediately preceding or succeedinga vacation.

Vacation wages shall be paid prior to thevacation period unless otherwise requested bythe employee, who is entitled to actualvacation and who cannot instead be requiredto accept money.

Any Employer who fails to pay vacation payin accordance with this provision where thevacation has been regularly scheduled shall payan additional two (2) days pay for each vacationweek due at that time.

When compatible with the proper operationof the building, choice of vacation periods shallbe according to building seniority and confinedto the period beginning May 1st and endingSeptember 15th of each year. These dates maybe changed and the third vacation week may be

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taken at a separate time by mutual agreement ofthe Employer and the employee.

The fourth and fifth week of vacation may, atthe Employer’s option, be scheduled, upon two(2) weeks’ notice to the employee, for a week ortwo weeks other than the period when theemployee takes the rest of his/her vacation.

Any employee leaving their job for anyreason, shall be entitled to a vacation accrualallowance computed on the employee’s lengthof service as provided in the vacation schedulebased on the elapsed period from the previousSeptember 16th (or from the date of theemployee’s employment if later employed) tothe date of their leaving. Any employee who hasreceived a vacation during the previous vacationperiod (May 1st through September 15th) andwho leaves their job during the next vacationperiod under circumstances which entitled theemployee to vacation accrual rights, shall beentitled to full vacation accrual allowancesinstead of on the basis of the elapsed periodfrom the previous September 16th. Anyemployee who has received no vacation and hasworked at least six (6) months before leavingtheir job shall be entitled to vacation allowanceequal to the vacation allowance provided above.

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No employees leaving their positions of theirown accord shall be entitled to accrued vacationunless the employee gives five (5) workingdays’ termination notice.

Any Employer assuming this Agreement shallbe responsible for payment of vacation pay andgranting of vacations required under thisAgreement which may have accrued prior to theEmployer taking over the building less anyamounts paid or given for that vacation year. In theevent that the Employer terminates its Employer-employee relationship under this agreement andthe successor Employer does not have anagreement with the Union providing for at least thesame vacation benefits, the Employer shall beresponsible for all accrued vacation benefits.

b. A person hired solely for the purpose ofrelieving employees for vacation shall be paid60% of the minimum applicable regular hourlywage rate. Should a vacation relief employeecontinue to be employed beyond five months,such employee shall be paid the wage rate of anew hire or experienced person as the case maybe. If a vacation replacement is hired for apermanent position immediately after workingas a vacation replacement, such employee shallbe credited with time worked as a vacationreplacement toward completion of the 30-month

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or 42-month period required to achieve the fullrate of pay under the “New Hires” provision.

In the event that the arbitrator finds that anEmployer is using this rate as a subterfuge, sucharbitrator may, among other remedies, awardfull pay from the date of employment at theapplicable hiring rate.

No contribution to any Benefit Funds shall bemade for a vacation relief person. Vacationrelief persons are not eligible for 32BJ BenefitFund coverage.

11. Day of Rest.

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

12. Uniforms and Other Apparel.

Uniforms and work clothes where they havebeen required by the Employer or wherenecessary for the job shall be supplied andmaintained by the Employer. All uniforms shallbe appropriate for the season.

It is understood that where the Employer doesnot require uniforms, the employees shall befree to wear suitable clothing of their choice.

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Employees doing outside work shall befurnished adequate wearing apparel for thepurpose.

In buildings of 500,000 square feet or more,the Employer shall be required to furnishuniforms and work clothes.

13. First Aid Kit.

An adequate and complete first aid kit shallbe supplied and maintained by the Employer ina place readily available to all employees.

14. Fire and Flood Call.

Employees on fire and/or flood call shall bereimbursed for all loss of personal effectsincurred in the line of duty.

15. Eye Glasses and Union Insignia.

Employees may wear eye glasses and theUnion insignia while on duty.

16. Bulletin Board.

A bulletin board shall be furnished by theEmployer exclusively for Union announcementsand notices of meetings.

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17. Sanitary Arrangements.

Adequate sanitary arrangements shall bemaintained in every building, and individuallocker and key thereto and rest room key,where rest room is provided, and soap, towelsand washing facilities, shall be furnished bythe Employer for all employees. The restroom and locker room shall be for the soleuse of employees servicing and maintainingthe building.

18. Replacements, Promotions, Vacancies,Trial Period, Seniority and Newly HiredEmployees.

a. In filling vacancies or newly createdpositions in the bargaining unit, preference shallbe given to those employees already employedin the building, based upon the employee’sseniority, but training, ability, efficiency,appearance and personality for a particular job,shall also be considered.

All vacancies and newly created positionsshall be subject to a posting in the respectivebuilding for a period of seven (7) calendar daysso that bargaining unit employees can expressan interest in filling the position. In buildingswhere the Employer employs fifteen (15) or

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more employees, if the filling of the initiallyposted vacancy or newly created position causesanother vacancy, that vacancy shall be subjectto a posting in the building. Any subsequentvacancy caused by the filling of a postedposition shall not be required to be posted beforebeing filled.

If a present employee cannot fill the jobvacancy, the Employer must fill the vacancy inaccordance with the other terms of thiscollective bargaining agreement.

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

In case of layoffs due to reduction of force,departmental seniority shall be followed, exceptas provided in Article XIX, Section 20(c) below,with due consideration for the efficiency andspecial needs of the department.

In filling vacancies or newly createdpositions the wages shall be those prevailingand in force in the building for similar work,excluding extra pay attributable to years ofservice or special considerations beyond therequirements of the job which the replacementis not qualified to meet.

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In applying the foregoing paragraphs, thejudgment of the Employer shall control, subjectto grievance and arbitration.

b. There shall be a trial period for all newlyhired employees for sixty (60) calendar daysexcept as provided for Superintendents inArticle XVI, Section A, paragraph 6.

c. Anyone employed as a vacationreplacement, extra or contingent with substantialregularity for a period of four (4) months ormore shall receive preference in steadyemployment, other considerations being equal.

d. The seniority date for all positions underthe agreement shall be the date the employeecommenced working in the building for theagent and/or owner regardless of whether thereis a collective bargaining agreement andregardless of the type of work performed by theemployee.

e. A New Hire employed in the “other”category shall be paid a starting rate of eightypercent (80%) of the minimum wage rate. ANew Hire employed as a “superintendent” in abuilding with five (5) or fewer employees maybe paid a starting rate of eighty percent (80%)of the applicable contract rate.

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Upon completion of thirty (30) months ofemployment, the New Hire shall be paid the fullminimum wage rate. For purposes of thisprovision, thirty (30) months of employment shallinclude each month (counting portions of a monthin excess of fifteen (15) days as a full month butexcluding employment as a vacation relief unlesssuch vacation relief work immediately precedespermanent hire as noted in Section 10(b) above)that a New Hire worked in the New York CityBuilding Industry (“Industry”) during the twenty-four (24) months immediately preceding the dateof hire by the current employer.

A New Hire hired on or after April 21, 2014shall be paid seventy-five percent (75%) of theapplicable minimum regular hourly wage ratefor the first twenty-one (21) months ofemployment. Such employees shall be paideighty-five percent (85%) of the applicableminimum regular hourly wage rate for thetwenty-second (22nd) through forty-second(42nd) month of employment. Uponcompletion of forty-two (42) months ofemployment, such employees shall be paid thefull minimum wage rate. For purposes of thisprovision, twenty-one (21) months ofemployment and forty-two (42) months ofemployment shall include each month (countingportions of a month in excess of fifteen (15)

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days as a full month but excluding employmentas a vacation relief unless such vacation reliefwork immediately precedes permanent hire asnoted in Section 10(b) above) that a New Hireworked in the Industry during the twenty-four(24) months immediately preceding the date ofhire by the current employer.

Any employee who was employed in theindustry as of April 20, 1997 shall be consideredan “Experienced Employee.” An ExperiencedEmployee shall receive the full minimum rateof pay from the date of hire.

There shall be no Employer contributions tothe Building Service Pension Fund on behalf ofany New Hire employed in the category of“Other” during the first year of employment.Employer contributions for employeesdescribed above shall be required commencingon the first day of the month following theemployee’s completion of twelve (12) calendarmonths of employment with the Employer, lessthe number of calendar months (countingportions of a month in excess of fifteen (15)days as a full month) worked in the Industryduring the preceding two (2) years (excludingemployment as a vacation relief unless suchvacation relief work immediately precedespermanent hire as noted in Section 10(b) above).

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There shall be no Employer contributions tothe Supplemental Retirement and Savings Fundon behalf of any New Hire employed in thecategory of “Other” during the first two (2)years of employment. Employer contributionsfor employees described above shall be requiredcommencing on the first day of the monthfollowing the employee’s completion of twenty-four (24) calendar months of employment withthe Employer, less the number of calendarmonths (counting portions of a month in excessof fifteen (15) days as a full month) worked inthe Industry during the preceding two (2) years(excluding employment as a vacation reliefunless such vacation relief work immediatelyprecedes permanent hire as noted in Section10(b) above).

Contributions to the Building Service PensionFund and Supplemental Retirement and SavingsFund shall commence after three (3) months ofemployment for employees hired in jobcategories other than “Other” and ExperiencedEmployees (those employed in the Industry asof April 20, 1997).

No experienced employee may be terminatedor denied employment for the purpose ofdiscrimination on the basis of his/hercompensation and/or benefits.

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

If the arbitrator determines an experiencedemployee has been terminated or deniedemployment because of such discrimination, thearbitrator shall:

(1) In case of termination—reinstate theexperienced employee with full back pay and allbenefits retroactive to date of experiencedemployee’s discharge.

(2) In case of failure to hire—If the arbitratordetermines that an experienced employee was notgiven preference for employment absent goodcause, he or she shall direct the Employer to hirethe experienced employee with full back pay andbenefits retroactive to date of denial of hire.

19. Recall, Job Vacancies and Agency Fee.

(a) Any employee who has been employedfor one (1) year or more in the same building,and who is laid off, shall have the right of recall,provided that the period of the layoff of suchemployee does not exceed six (6) months.

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Recall shall be in the reverse order of laid offemployee’s departmental seniority. TheEmployer shall notify by certified mail, returnreceipt requested, the last qualified laid offemployee at their last known address, of any jobvacancy and a copy of this notice shall be sentto the Union. The employee shall then be givenseven (7) days from the date of mailing of theletter in which to express in person or byregistered or certified mail a desire to accept theavailable job. In the event any employee doesnot accept recall, successive notice shall be sentto qualified employees until the list of qualifiedemployees is exhausted.

Upon re employment, full seniority status, lessperiod of layoff, shall be credited to theemployee. Any employee who receivedtermination pay and is subsequently rehiredshall retain said termination pay and for purposeof future termination pay shall receive thedifference between what the employee hasreceived and what the employee is entitled to ifsubsequently terminated at a future date. Anyvacation monies paid shall be credited to theEmployer against the current vacationentitlement. Further, in the event an Employeror agent has a job vacancy in a building wherethere are no qualified employees on layoffstatus, the Employer or agent shall use its best

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efforts to fill the job vacancy from qualifiedemployees of the Employer or agent who are onlayoff status from other buildings.

(b) Upon the occurrence of any job vacancynot filled by current employees of the Employer,or employees recalled pursuant to otherprovisions of this Agreement, the Employershall notify the Union and the New York StateEmployment Bureau (NYSEB) two (2) weeksprior to the existence of a vacancy. Such noticeshall be confirmed in writing. In the event theEmployer does not have two (2) weeks notice,it shall notify the Union and the NYSEB uponnotice of the vacancy. The NYSEB or the Unionshall refer qualified applicants to such a vacancywithin three (3) working days of the request, orshorter periods in the case of emergencies. If theNYSEB or the Union is unable to refer qualifiedapplicants satisfactory to the Employer withinthree (3) working days, or such shorter periodrequired by an emergency, the Employer shallbe free to hire in the open market.

This procedure shall not be applicable if theEmployer hires directly an employeeexperienced in the building service industry.

When the Employer has hiring procedureswhich substantially make available work to

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experienced employees in the building serviceindustry, the parties shall waive this provisionby mutual agreement. If the parties cannotagree, the matter shall be submitted toarbitration.

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

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

20. Termination Pay.

(a) In case of termination of employmentbecause of the employee’s (excluding aworking Superintendent) physical or mentalinability to perform their duties, the employeeshall receive, in addition to accrued vacation,termination pay according to service in thebuilding or with the same owner, whichever isgreater, as follows:

Employees with: Pay:5 but less than 10 years .............1 week’s wages10 but less than 12 years ...........2 weeks’ wages12 but less than 15 years ...........3 weeks’ wages15 but less than 17 years. ..........6 weeks’ wages

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17 but less than 20 years. ..........7 weeks’ wages20 but less than 25 years ...........8 weeks’ wages25 or more...............................10 weeks’ wages

An employee physically or mentally unable toperform their duties may resign and receive theabove termination pay if the employee submitswritten certification from a physician of suchinability at the time of termination. In such event,the Employer may require the employee tosubmit, at the Employer’s expense, to a medicalexamination by a physician designated by theEmployer to determine if in fact the employee isphysically or mentally unable to perform theirduties. If the Employer’s designated physiciandisagrees with the physician’s certificationsubmitted by the employee, the employee shallbe examined by a physician designated by theMedical Director of the Building Service HealthFund to make a final and binding determinationwhether the employee is physically or mentallyunable to perform their duties.

(b) In case of termination of employment forany reason other than just cause or inaccordance with paragraph (a) above, theemployee shall receive, in addition to accruedvacation, termination pay according to years ofservice in the building or with the same owner,whichever is greater, as follows:

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Employees with: Pay:0-5 years ...................................1 week’s wages5 but less than 10 years. ............2 weeks’ wages10 but less than 12 years ...........4 weeks’ wages12 but less than 15 years ...........5 weeks’ wages15 but less than 17 years ...........7 weeks’ wages17 but less than 20 years ...........8 weeks’ wages20 but less than 22 years. ..........9 weeks’ wages22 but less than 25 years .........10 weeks’ wages25 or more...............................11 weeks’ wages

(c) The right to accept termination pay andresign where there has been a reduction in forceshall be determined by seniority, and notice ofsuch an intended layoff shall be posted in thebuilding. If no senior employee wishes toexercise their rights under this provision, theleast senior employees shall be terminated andshall receive applicable termination pay.

(d) “Week’s pay” in the above paragraphsmeans the regular straight-time weekly pay atthe time of termination. If the Employer offerspart-time employment to the employee entitledto termination pay, the employee shall beentitled to termination pay for the period of theirfull-time employment, and if the employeeaccepts such part-time employment, theemployee shall be considered a new employeefor all purposes. Where an employee was placed

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on a part-time basis or suffered a pay reductionbecause of a change in work category prior toMay 21, 1967, and did not receive terminationpay based upon their former pay, “week’s pay”shall be determined by agreement, or throughgrievance and arbitration.

(e) Any employee accepting termination paywho is re-hired in the same building or with thesame Employer shall be considered a newemployee for all purposes except as provided inparagraph 19 of this Article (Recall).

For the purposes of this section, sale ortransfer of a building shall not be considered atermination of employment so long as theemployee or employees are hired by thepurchaser or transferee, in which case they shallretain their building seniority for all purposes.

21. Tools, Permits, Fines and Legal Assistance.

All tools, of which the Superintendent shallkeep an accurate inventory, shall be supplied bythe Employer. The Employer shall continue tomaintain and replace any special tools or toolsdamaged during ordinary performance of workbut shall not be obligated to replace “regular”tools if lost or stolen.

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The Employer shall bear the expense ofsecuring or renewing permits, licenses orcertificates for specific equipment located on theEmployer’s premises and will pay fines andemployees’ applicable wages for required timespent for the violation of any codes, ordinances,administrative regulations or statutes, exceptany resulting from the employees’ grossnegligence or willful disobedience.

The Employer shall supply legal assistancewhere required to employees who are servedwith summons regarding building violations.

22. Military Service.

All statutes and valid regulations aboutreinstatement and employment of veterans shallbe observed.

The Employers and the Union will cooperatein effort to achieve the objectives of thisprovision. They shall also consider theinstitution of plans to provide training ofemployees to improve their skills and to enterinto employment in the industry.

23. No Discrimination.

(A) There shall be no discrimination against

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any present or future employee by reason ofrace, creed, color, age, disability, national origin,sex, sexual orientation, union membership, orany characteristic protected by law, including,but not limited to, claims made pursuant to TitleVII of the Civil Rights Act, the Americans withDisabilities Act, the Age Discrimination inEmployment Act, 42 U.S.C. Section 1981,Family and Medical Leave Act, the New YorkState Human Rights Law, the New York CityHuman Rights Code, or any other similar laws,rules or regulations. All such claims shall besubject to the grievance and arbitrationprocedure (Articles V and VI) as sole andexclusive remedy for violations. Arbitratorsshall apply appropriate law in renderingdecisions based upon claims of discrimination.

(B) No-Discrimination Protocol

(1) Protocol

The parties to this Agreement, the Union andRAB, believe that it is in the best interests of allinvolved -- employees/members, employers, theUnion, the RAB and the public interest -- topromptly, fairly and efficiently resolve claims ofworkplace discrimination, as covered above(collectively “claims”). Such claims are veryoften intertwined with contractual disputes

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under this Agreement. The RAB, on behalf ofits members, maintains that it is committed torefrain from unlawful discrimination. TheUnion maintains it will pursue its policy ofevaluating such claims and bringing thoseclaims to arbitration where appropriate. To thisend, the parties, notwithstanding the continuingdisagreement between them described below,establish the following system of mediation andarbitration applicable to all such claims,whenever they arise. The Union and RAB wantthose covered by this Agreement and anyindividual attorneys representing them to beaware of this protocol.

As background, following the decision of theSupreme Court in 14 Penn Plaza, 556 U.S. 247(2009), the RAB and the Union have had adispute about the meaning of the “nodiscrimination clause” and the grievance andarbitration clauses in the collective bargainingagreements (“CBAs”) entered into betweenthese parties. The Union contends that theCBAs do not make provision for arbitration ofany claims that the Union does not choose totake to arbitration, including statutorydiscrimination claims, and therefore, individualemployees are not barred from pursuing theirdiscrimination claims in court where the Unionhas declined to pursue them in arbitration. The

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RAB contends that the CBAs provide forarbitration of all individual claims, even wherethe Union has declined to bring such claims toarbitration.

The parties agree that, should either the Unionor the RAB deem it appropriate or necessary todo so, that party may bring to arbitration thequestion so reserved. The parties intend that thereserved question may only be resolved in anarbitration between them and not in any form ofjudicial proceeding. The outcome of thereserved question hinges on collectivebargaining language and bargaining history,which are subjects properly suited forarbitration. Such arbitration may becommenced on 30 days’ written notice to theother party. The arbitrator for such arbitrationshall be Roberta Golick, unless she is unable toserve, in which case the parties shall agree uponan arbitrator, and failing agreement shall submitthe case to arbitration before the AmericanArbitration Association, in New York City.

Notwithstanding the above disagreement, in2010, the parties initiated the pilot programprovided for in this section (Agreement andProtocol, February 17, 2010, the “No-Discrimination Protocol”) as an alternative toarbitrating their disagreement. The parties have

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now agreed to include the No-DiscriminationProtocol as part of this Agreement, as set forthbelow. The Union and the RAB agree that theprovisions of this Protocol do not resolve thereserved question. Neither the inclusion of thisProtocol in the CBAs nor the terms of theProtocol shall be understood to advance eitherparty’s contention as to the meaning of theCBAs with regard to the reserved question, andneither party will make any representation to thecontrary.

(2) Mediation

(a) Whenever it is claimed that an employer hasviolated the no discrimination clause (includingclaims based in statute), whether such claim ismade by the Union or by an individual employee,notice shall be provided of such claim to theUnion, the RAB and the affected employee(s),and the matter shall be submitted to mediation,absent prior resolution through informal means.A notice of claim shall be filed within theapplicable statutory statute of limitations,provided that if an employee has timely filed suchclaim in a forum provided for by statute, the claimwill not be considered time-barred.

(b) Promptly following receipt of the notice, theadministrator of the Office of Contract Arbitrator

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(OCA), 370 Seventh Avenue, New York, NY,shall appoint a Mediator from the Mediation Paneldescribed below. All mediators on the panel shallbe attorneys with appropriate training andexperience in the conduct of mediations andsignificant knowledge of employmentdiscrimination statutes. The Mediation Panel shallbe a distinct panel from the Contract ArbitratorPanel. A person listed on the Mediation Panel willbe removed when either the Union or the RABgives notice to the other party that such person’sname shall be removed. A person may be addedto the Mediation Panel list upon mutual agreementof the Union and the RAB. The Union and RABmutually commit to appointing mediators withappropriate skill and experience, as they viewmediation as the important step in which manyclaims will be resolved.

(c) OCA shall appoint a Mediator from theMediation Panel. Such appointments shall bemade by a random selection (e.g. “spinning thewheel”) of available panel members.

(d) Within 30 days of being appointed, theMediator shall notify the parties of his/herappointment and schedule a pre-mediationconference. (For this purpose, “Parties” refersto the person or entity asserting the claim andthe respondent/defendant.) At the conference,

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the Parties shall discuss such matters as theydeem relevant to the mediation process,including discovery. The Mediator shall havethe authority, after consulting with the Parties,to (1) schedule dates for the exchange ofinformation and position statements, and (2)schedule a date for mediation. Any disputesshall be decided by the Mediator. In the eventthe Mediator concludes that there has not beengood faith compliance with his/her directive,including directives as to the holding ofconferences and the conduct of discovery, theMediator may, after notice and an opportunityto be heard, order appropriate sanctions.

(e) The entire mediation process is acompromise negotiation for the purposes of theFederal Rules of Evidence and the New Yorkrules of evidence.

(f) At the mediation, each party shall beentitled to present witnesses and/ordocumentary evidence. The Mediator shall beentitled to meet separately with each Party forthe purpose of exploring settlement.

(g) At the conclusion of the mediation, theMediator shall be entitled to make a proposal tothe Parties of a settlement agreement. NeitherParty shall be required to adopt the proposal.

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(h) Mediation shall be completed before theclaim is litigated on the merits. However, if theUnion alleges the claim of a violation of the nodiscrimination clause, the Union may proceeddirectly to arbitration and bypass this Mediationprocedure if it so chooses.

(i) The fees of the Mediator shall be splitequally between the Union and the RAB. TheUnion and RAB shall provide languageinterpreters at their jointly shared costs.

(3) Arbitration

(a) The undertakings described here withrespect to arbitration apply to thosecircumstances in which the Union has declinedto take an individual employee’s employmentdiscrimination claim under the nodiscrimination clause of the CBA (includingstatutory claims) to arbitration and the employeeis desirous of litigating the claim. The forumdescribed here will be available to employersand employees who are represented by counseland to those who are unrepresented by counsel.

(b) The Union and the RAB have elicitedfrom the American Arbitration Association(“AAA”) a list of arbitrators who (1) areattorneys, and (2) are qualified to decide

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employment discrimination cases. In the eventthat an employee and RAB member employerseek arbitration of a discrimination claim in thecircumstances described in paragraph A, the listof arbitrators provided by the AAA shall bemade available to the individual employee andthe RAB member employer by the administratorof OCA. The manner by which selection ismade by the RAB member employer and theindividual employee and the extent to whicheach shall bear responsibility for the costs of thearbitrator shall be decided between them. Aperson may be added to or removed from theStatutory Arbitration Panel list upon mutualagreement of the Union and the RAB. Any sucharbitrations shall be conducted pursuant to theAAA National Rules for Employment Disputes,except those rules pertaining to administrationby the AAA and the payment of fees, and anydisputes about the manner of proceeding shallbe decided by the arbitrator selected.

(c) The hearings in any arbitration providedfor in the preceding paragraph may be held atthe OCA, however, it is understood that thisforum is not a forum provided for in thecollective bargaining agreement.

(d) The Union will not be a party to thearbitration described above and the arbitrator shall

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not have authority to award relief that would requireamendment of the CBA or other agreement(s)between the Union and the RAB or conflict withany provision of any CBAs or such otheragreement(s). Any mediation and/or arbitrationoutcome shall have no precedential value withrespect to the interpretation of the CBAs or otheragreement(s) between the Union and the RAB.

(C) The parties will continue the Committee(i) to study recruitment and retention issues forall under-represented groups, and (ii) to seek thecontinued prevention of sexual harassment inthe residential industry.

24. Employees’ Rooms and Utilities.

Any employee occupying a room orapartment on the Employer’s property may becharged a reasonable rental therefore. If suchoccupancy is a condition of his employment, thepremises shall be adequate and properlymaintained by the Employer in conformity withapplicable law, no rent shall be charged and theEmployer shall provide normal gas and electricservice and pay business telephone bills.

The value of the apartment and servicesprovided therewith such as gas, electric andbusiness phone, shall not be treated as or

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included for any purpose in the wage,remuneration or other income of such employeeto the extent permitted by law.

If the Employer terminates the services of anemployee occupying a living space in thebuilding the Employer shall give the employeethirty (30) days’ written notice to vacate, exceptwhere there is a discharge for a serious breachof the employment contract.

25. Definitions.

A handyperson differs from an elevator operator,porter, hall person, etc., because by training andexperience he possesses a certain amount ofmechanical or technical skill and devotes morethan fifty (50) percent of his working time in abuilding to work involving such skills.

Others include elevator operators, guards,doorpersons, porters, porter/watchpersons,watchpersons, security porters, securityemployees, fire safety directors, exterminatorsand all other service employees employed in thebuilding under the jurisdiction of the Unionexcept Superintendents and handypersons.

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

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26. Required Training Programs.

The Employer shall compensate, at straight-time pay, any employee now employed in abuilding for any time required for the employeeto attend any instruction or training program inconnection with the securing of any license,permit or certificate required by the Employerfor the performance of duties in the building.Time spent shall be considered as time workedfor the purpose of computing overtime pay.

The Thomas Shortman School shall establish,for new and existing employees, a “Quality ofLife” training program which shall include, butnot be limited to, tenant relations andappropriate conduct by residential employees.

27. Garnishments.

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

28. Death in Family.

A regular, full or part-time employee with atleast one (1) year of employment in the buildingshall not be required to work for a maximum ofthree (3) days immediately following the death

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of their parent, brother, sister, spouse or child,and shall be paid regular, straight-time wages forany of such three days on which the employeewas regularly scheduled to work, or entitled toholiday pay.

With respect to grandparents, the Employershall grant a paid day off on the day of thefuneral if such day is a regularly scheduledworkday.

29. Union Visitation.

Any business agent or other duly authorizedrepresentative of the Union shall have access tothe buildings or sites where union members areemployed to determine whether the terms of thisagreement are being complied with. Access shallbe granted only if there is prior notice to theEmployer and such access does not interferewith the work being performed at the building.

30. Jury Duty.

Employees who are required to qualify orserve on juries shall receive the differencebetween their regular rate of pay and the amountthey receive for qualifying or serving on saidjury with a maximum of two (2) weeks in eachcalendar year.

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Pending receipt of the jury duty pay, theEmployer shall pay the employee his regularpay on his scheduled pay day. As soon as theemployee receives jury duty pay, he shallreimburse his Employer by signing the jury dutypay check over to the Employer.

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

In order to receive jury duty pay, theemployee must notify the Employer at least two(2) weeks before he is scheduled to serve.

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

31. Identification.

Employees may be required to carry withthem and exhibit proof of employment on thepremises. The RAB and the Union may appointa committee within thirty (30) days of thesigning of this Agreement to establish a systemfor this purpose. If such system is not timelyestablished, either party may submit the matterto arbitration.

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32. Service Center Visit.

Every regular full-time employee who hasbeen employed in the building for one (1) yearor more shall be entitled, upon one (1) week’snotice to his Employer, to take one (1) day offin each calendar year at straight time pay to visitthe office of any one of the benefit funds, for thepurpose of conducting business at the benefitoffice, or to visit an employee’s personalphysician, upon a showing of proof.

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

In the event that an employee chooses to visitany one of the benefit fund offices after havingused up their entitlement pursuant to the abovetwo (2) paragraphs, they may use any remainingsick days for that purpose.

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33. Death of Employee.

If any employee dies after becoming entitledto but before receiving any wage or payhereunder, it shall be paid to his estate, orpursuant to Section 1310 of the New YorkSurrogate’s Court Procedure Act, unlessotherwise provided herein. This shall not applyto benefits under Article X, where the rules andregulations of the Health and Pension Fundsshall govern.

34. Government Decrees.

If because of legislation, governmental decreeor order, any increase or benefit herein provided isin any way blocked, frustrated, impeded ordiminished, the Union may upon ten (10) days’notice require negotiation between the parties totake such measures and make such revisions in thecontract as may legally provide substitute benefitsand improvements for the employees at no greatercost to the Employer. If they cannot agree, thedispute shall be submitted to the Arbitrator.

In the event that any provision of this contractrequires approval of any government agency, theRAB shall cooperate with the Union withrespect thereto.

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35. Common Disaster.

There shall be no loss of pay as a result of anyAct of God or common disaster causing the shutdown of all or virtually all public transportationin the City of New York, making it impossible foremployees to report for work, or where the Mayorof the City of New York or the Governor of theState of New York directs the citizens of the Citynot to report for work. The Employer shall not beliable for loss of pay of more than the first full dayaffected by such Act of God or common disaster.Employees necessary to maintain the safety orsecurity of the building shall be paid only if theyhave no reasonable way to report to work andemployees refusing the Employer’s offer ofalternate transportation shall not qualify for suchpay. The term “public transportation” as usedherein shall include subways and buses.

36. Rent Collection.

No employees as part of their usual andregular duties shall be required to retain cashrent for more than twenty-four (24) hours.

37. Lie Detector.

The Employer shall not require, request orsuggest that an employee or applicant for

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employment take a polygraph or any other formof lie detector test.

38. Saving Clause.

If any provision of this agreement shall beheld illegal or of no legal effect, it shall bedeemed null and void without affecting theobligations of the balance of this agreement.

39. Complete Agreement.

This agreement constitutes the fullunderstanding between the parties and, exceptas they may otherwise agree, there shall be nodemand by either party for the negotiation orrenegotiation of any matter covered or notcovered by the provisions hereof.

40. Transportation Costs.

The RAB will encourage its members toadopt a qualified transportation fringe benefitprogram pursuant to which employees may payfor certain qualified transportation costs (e.g.transit passes, qualified parking) on a pre-taxbasis, to the extent permitted by law. The RABwill make information available to its membersthat is necessary to assist them in the adoptionand implementation of the program.

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41. Method of Service.

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

42. Security Background Checks.

On change of ownership or conversion of thestatus of a building or employee, employeesmay be subject to security background checks.

Additionally, upon seven days’ prior writtennotice to the employee and the Union, whichnotice shall include a specific statement of thecause, the Employer may perform a securitybackground check on a current employee wherethere is reasonable cause to perform that check.“Reasonable cause” shall be objective evidence– e.g., access to the location of the incident at thetime an incident occurred – indicating that theparticular employee may have committed anoffense in connection with his or her employmentand the information sought in the backgroundcheck may be relevant to determining whether theemployee committed such offense. Where,within five days of receipt of such notice, theUnion disputes that reasonable cause is present,there shall be an expedited arbitration of thedispute and the security background check shall

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not be performed until an arbitrator has ruled thatit is permissible. Any information obtained in thesecurity background check not directly related tothe incident which gave rise to the check shall notbe used for any disciplinary action against theemployee.

An employee shall cooperate with anEmployer as necessary for obtaining securitybackground checks. Any employee who refusesto cooperate shall be subject to termination.Notwithstanding the above, Employers shall notsubject employees to security backgroundchecks on a disciplinary or retaliatory basis.Any disciplinary action imposed arising fromsecurity background check results shall only befor just cause.

All security background checks shall beconfidential and may be disclosed only to theRAB and the Union, as necessary for theadministering of this Agreement and/or asrequired by law. The Employer shall pay allcosts of any security background checks.

43. Notices.

All notices required to be sent to the Unionshall be addressed to the Union’s Director ofContracts and Grievances.

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44. Building Safety.

The Employer shall continue to provide safeand healthy working conditions. The RAB andthe Union will create a Committee to studyenvironmentally conscious best work practices.

45. Work Authorization and Status Disputes.

The parties recognize that questions involving anemployee’s work status or personal informationmay arise during the course of his/her employment,and that errors in an employee’s documentationmay be due to mistake or circumstances beyond anemployee’s control. The parties agree to attempt tominimize the impact of such issues on both theaffected employees and employers by workingtogether to fairly resolve such issues whilecomplying with all applicable laws.

46. Veteran Transition Assistance.

The parties recognize that making asuccessful transition from the military into thecivilian workforce can be challenging. Out ofrespect for those serving in the military and inacknowledgment of the tremendous skills theycan bring to the workforce, the parties shallcreate a committee tasked with assistingveterans in this transition. These efforts shall

126


include, but not be limited to: (i) increasing theindustry’s advertising/recruitment efforts toencourage veterans to apply for jobs within theindustry; (ii) communicating with the industryabout the numerous benefits associated withhiring veterans; and (iii) providing newly hiredveterans with access to training through classesto be created by the Thomas Shortman Schoolaimed at easing the transition to the civilianworkforce and teaching the requisite skills.

ARTICLE XXTerm of Agreement and Renewals

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

This Agreement shall continue in full forceand effect up to and including April 20, 2018.

Upon the expiration date of this Agreement,the same shall continue in full force and effectfor an extended period until a successoragreement has been executed. During theextended period, all terms and conditions shallbe in effect and the parties shall negotiate for asuccessor agreement retroactive to theexpiration date. All provisions and

127


improvements in such successor agreement shallbe retroactive unless such agreement shallotherwise provide.

In the event the parties are unable to agreeupon the terms of a successor agreement, eitherparty upon ten (10) days’ written notice to theother party may cancel this agreement. Suchcancellation shall not apply to Article IX,Section 4 for a period of six (6) months after theexpiration date of the Agreement.

Sixty (60) days before said expiration date,the parties shall enter into direct negotiationslooking towards a renewal Agreement.

If fifteen (15) days before this Agreementexpires, the parties shall not have been able toagree upon the terms of a new agreement, bothparties will thereupon confer with the New YorkState Employment Relations Board for thepurpose of conciliating their differences.

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

REALTY ADVISORY BOARD ON LABORRELATIONS, INCORPORATED

Howard RothschildPresident


Hector FigueroaPresident

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April 11, 2014

Hector Figueroa, PresidentLocal 32BJ, SEIU25 West 18th StreetNew York, New York 10011

Re: Security Background Checks

Dear Hector:

This will confirm our understanding duringour recent negotiations that an Employer maynot invoke Article XIX, Section 42 (Securitybackground checks) in connection with a SocialSecurity "no match" letter.

Sincerely,

Howard RothschildPresident, RAB

AGREED:

Hector FigueroaPresident, Local 32BJ, SEIU

130


April 11, 2014


Re: Discussion of Affordable Housing inJoint Industry Advancement Project

Dear Hector:

This letter will confirm our understanding theJoint Industry Advancement Project, establishedpursuant to Article XVII of the Agreement, shallalso discuss how the New York City area RealEstate Industry and the Union can acceleratedevelopment of affordable housing units in NewYork City.

Sincerely,


AGREED:


131


April 11, 2014

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

Re: Pension Protection Act

Dear Howard:

The parties recognize that, as certainprovisions enacted by the Pension ProtectionAct of 2006 (“PPA”) by their terms are about toexpire, there is some uncertainty as to what theregulations regarding the structure of multi-employer pension funds will be in theimmediate future. The parties commit to meetand confer regularly in order to identify andresolve issues related to changes in suchregulation that have or may have an impact onparticipants’ benefits and/or contributingemployers’ financial obligations relating to thePension Fund.

In particular, in the event that the provision ofthe PPA which allows a plan to “continue tooperate” under a rehabilitation plan or fundingimprovement plan established before theexpiration of such PPA provisions is determined

132


not to apply to the Pension Fund and there is arisk that the funding deficiencies may ariseduring the term of this Agreement and thePension Fund-related financial obligations ofcontributing employers may be affected, theparties shall meet to negotiate amendments tothe contract or other measures which willmitigate such impact.

Sincerely,

Hector FigueroaPresident, SEIU, Local 32BJ

AGREED:

Howard RothschildPresident, Local 32BJ, SEIU

133


April 11, 2014


Re: Committee to Review Current BuildingClassifications

Dear Hector:

This will confirm the creation of a Committeeto Review Current Building Classifications.

Sincerely,


AGREED:


134


MINIMUM WAGE RATES FORAPARTMENT BUILDING STAFF(Excluding Superintendents)

Effective

APRIL 21, 2014 to APRIL 20, 2015(40-Hour Standard Work Week of Five 8-Hour Days)

Regular Overtime Weekly Hourly Rate Hourly Rate Wage

Class AHandyperson $24.2558 $36.3837 $970.23Others $21.9808 $32.9712 $879.23

Class BHandyperson $24.1980 $36.2970 $967.92Others $21.9230 $32.8845 $876.92

Class CHandyperson $24.1403 $36.2104 $965.61Others $21.8653 $32.7979 $874.61

135


136


Effective



Class AHandyperson $24.8308 $37.2462 $993.23Others $22.5058 $33.7587 $900.23

Class BHandyperson $24.7730 $37.1595 $990.92Others $22.4480 $33.6720 $897.92

Class CHandyperson $24.7153 $37.0729 $988.61Others $22.3903 $33.5854 $895.61



Effective



Class AHandyperson $25.4308 $38.1462 $1,017.23Others $23.0558 $34.5837 $ 922.23

Class BHandyperson $25.3730 $38.0595 $1,014.92Others $22.9980 $34.4970 $ 919.92


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Effective



Class AHandyperson $26.1758 $39.2637 $1,047.03Others $23.7508 $35.6262 $ 950.03


Class CHandyperson $26.0603 $39.0904 $1,042.41Others $23.6353 $35.4529 $ 945.41

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2 0 1 4APARTMENT

BUILDINGAGREEMENT

MINIMUM WAGE RATES2014 - 2018 (See pages 135-138)

REALTY ADVISORY BOARDON LABOR RELATIONS,

INCORPORATED

292 Madison AvenueNew York, N.Y. 10017

(212) 889-4100


25 West 18th StreetNew York, NY 10011-1991

(212) 388-3800

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