Transcription
2018Apartment BuildingAGREEMENTBETWEENREALTY ADVISORY BOARDON LABOR RELATIONSINCORPORATEDANDSERVICE EMPLOYEESINTERNATIONAL UNION,LOCAL 32BJEFFECTIVE APRIL 21, 2018TO APRIL 20, 2022
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 12018Apartment BuildingAGREEMENTBETWEENREALTY ADVISORY BOARDON LABOR RELATIONSINCORPORATEDANDSERVICE EMPLOYEESINTERNATIONAL UNION,LOCAL 32BJEFFECTIVE APRIL 21, 2018TO APRIL 20, 2022
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 2
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page iTABLE OF II.XIII.XIV.XV.XVI.XVII.XVIII.XIX.1.2.PageUnion Recognition and Union Security .1Coverage of Agreement /Sub-Contracting .10Wages, Hours & Working Conditions .11Management Rights .13Grievance Procedure .14Arbitration.16Reduction of Force .20No Strikes or Lockouts .24Signatory Buildings / Multi-EmployerBargaining .27Health, Pension, Training, Legal andSRSP Funds.33Disability Benefits Law /Unemployment Insurance Law .47Sickness Benefits .48Building Acquisition by PublicAuthority .51Building Classifications.51Wages and Hours.53Provisions Applicable toSuperintendents Only .59Joint Industry Advancement Project .65New Development.69General Clauses.69Differentials.69Pyramiding .70i
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page .18.19.20.21.22.23.24.25.26.27.PageGeneral Clauses (cont’d.)Holidays .71Personal Day .74Voting Time .74Schedules .74Relief Employees .75Method of Payment of Wages .75Leave of Absence and Pregnancy Leave.76Vacations and Vacation Replacements .78Day of Rest.82Uniforms and Other Apparel.82First Aid Kit .83Fire and Flood Call .83Eye Glasses and Union Insignia.83Bulletin Board .83Sanitary Arrangements.83Replacements, Promotions, Vacancies,Trial Period, Seniority and Newly HiredEmployees .84Recall, Job Vacancies and Agency Fee .89Termination Pay .91Tools, Permits, Fines and LegalAssistance.93Military Service .94No Discrimination.94Employees’ Rooms and Utilities .103Definitions .103Required Training Programs .104Garnishments .104ii
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 40.41.42.43.44.45.PageGeneral Clauses (cont’d.)Death in Family .105Union Visitation .105Jury Duty.105Identification.106Service Center Visit .106Death of Employee.107Government Decrees .107Common Disaster.108Rent Collection .109Lie Detector.109Saving Clause.109Complete Agreement .109Transportation Costs .109Method of Service.110Security Background Checks.110Notices .111Building Safety .111Work Authorization and StatusDisputes.11146. Veteran Transition Assistance .11247. Wage and Hour Claims .112XX.Term of Agreement and Renewals .115Side Letters .118Minimum Wage Rates.126Index.130iii
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page iv
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 1AGREEMENT made as of the 21st day of April,2018, by and between the REALTY ADVISORY BOARDON LABOR RELATIONS, INCORPORATED, hereincalled the “RAB,” acting on behalf of various owners ofapartment buildings and other employers who becomesignatory to this Agreement, herein severally referred toas “Employer,” and the SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ, hereinreferred to as the “Union,” acting on behalf of itsmembers and other building service employees to whomthis Agreement applies and for whom it is the collectivebargaining agency.ARTICLE IUnion Recognition and Union Security1. The Union is recognized as the exclusivecollective bargaining representative of allclassifications of service employees at each apartmentbuilding in New York City, Nassau, Suffolk, Duchess,Sullivan, Putnam, Rockland and Westchester countiesin New York, Connecticut and New Jersey, which iscommitted to this Agreement.Work performed pursuant to the terms of thiscollective bargaining agreement shall not beperformed by persons not covered by the bargainingagreement except as provided in Article II.2. This Agreement shall apply to allclassifications of service employees employed by theEmployer. Article II of this Agreement shall also applyto employees of cleaning and maintenance contractors1
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 2who employ employees in any building committed tothis Agreement working in any job category coveredby this Agreement.3. There shall be a Union Shop throughout theterm of this Agreement in every building where therewas a Union Shop under the 2014 Apartment BuildingAgreement and in other buildings whenever it isagreed or determined that a majority of the employeesin such buildings are members of or have applied formembership in the Union.The “Union Shop” requires membership in theUnion by every employee in the building as acondition of employment after the thirtieth dayfollowing employment or the execution date of thisagreement, whichever is later, or in the case of newlyorganized buildings, after the thirtieth day followingagreement or determination that a majority of theemployees in such buildings are members of or haveapplied for membership in the Union, and requires thatthe Union shall not ask or require the Employer todischarge or otherwise discriminate against anyemployee except in compliance with law.In the event the Union security provision of thisAgreement is held to be invalid, unenforceable or ofno legal effect generally or with respect to any buildingbecause of interpretation or a change of federal or statestatute, city ordinance or rule or decision of anygovernment administrative body, agency orsubdivision, the permissible Union security clauseunder such statute, decision or regulation shall be2
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 3enforceable as a substitute for the Union securityclause provided for herein.4. Whenever the Union files with the RAB andthe Employer a claim that a majority of the employeesin a building are members of or have made applicationfor membership in the Union, the Union Shoprequirement shall be made effective within fifteen (15)days thereafter, unless the Employer or the RABwithin ten (10) days, notifies the Union that it requiresa determination of that claim.5. Upon receipt by the Employer of a letter fromthe Union’s Secretary-Treasurer requesting anyemployee’s discharge because he/she has not met therequirements of this Article, unless the Employerquestions the propriety of so doing, the employee shallbe discharged within fifteen (15) days of said notice ifprior thereto he/she does not take proper steps to meetsaid requirements. If the Employer questions thepropriety of the discharge, it shall immediately submitthe matter to grievance, and if not thus settled, to theArbitrator for final determination. If it is finally settledor determined that the employee has not met the saidrequirements, he/she shall be discharged within ten(10) days after written notice of the final determinationhas been given to the RAB and the Employer.The Employer shall be responsible for unpaiddues after receipt of notice provided for in this sectionand exhaustion of contractual remedies. TheEmployer’s obligation shall begin fifteen (15) daysafter such notice or, if the Employer questions the3
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 4discharge, after the final determination of thearbitrator.6. The Union will hold the Employer harmlessfrom any liability arising from a discharge asked bythe Union pursuant to this Article provided theEmployer has done nothing to cause or increase itsown liability concerning removal of employees.7. No building service employee may beemployed in any building, except within a tenant’sapartment, save by the Employer, without the consentof the Union.8. During any period in which it is not establishedthat a majority of the employees in a building aremembers of, or have made application for membershipin the Union, it is agreed that all employees who, uponthe date this agreement is signed for their building, aremembers of the Union in good standing in accordancewith the Constitution and By-Laws of the Union, andall employees who thereafter become members shall,as a condition of employment, remain Union membersin good standing during the life of the Agreement.9. Upon execution of this Agreement theEmployer shall furnish the Union and the RAB with acomplete list of the names, social security numbersand home addresses and job location of all employeescovered by this Agreement and shall notify the Unionand the RAB of the names and social security numbersand home addresses and job location of each newemployee thereafter employed.4
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 5The Employer shall notify the Union and theRAB in writing, as soon as a cancellation of anaccount becomes effective where Union members areemployed and the Employer shall notify the Unionwhen it acquires a new building service job.10. The Union shall have the right to inspect theEmployer’s Social Security reports and all payrollrecords (except the salary of the nonunionSupervisors) in order to determine if this Agreementis being complied with. The Union shall have the rightto expedited arbitration in the event an Employer failsto comply with this right of inspection. Inspectionsmay also be made by the Union or the Arbitrator at therequest of the RAB. The RAB may join the Union atall times when such examination is made. All BenefitTrust Funds established under this Agreement shallhave the same right to inspect as the Union but shallalso have the right to inspect Supervisor’s payrollrecords where Supervisors are covered by such Funds.11. Each Employer agrees to deduct the Union’smonthly dues, initiation fees, and all legal assessmentsfrom the pay of each employee from whom it receiveswritten authorization and will continue to make suchdeductions while the authorization remains in effect.The parties acknowledge and agree that the term"written authorization" as provided in this Agreementincludes authorizations or revocations created andmaintained by use of electronic records and electronicsignatures consistent with state and federal law. TheUnion, therefore, may use electronic records to verify5
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 6Union membership, authorization for voluntarydeduction of Union dues and fees, as well as voluntarycontributions to the Union's American Dream Fund,from wages or payments for remittance to the Union,and authorization for voluntary deductions from wagesor payments for remittance to the American DreamFund. The Employer shall accept such electronicrecords from the Union as valid written authorizationsfor, or revocations of, deduction and remittance.Employers who are currently accepting suchelectronic records as valid written authorizations orrevocations for deduction and remittance shallcontinue to do so. The parties recognize thatEmployers who are not currently accepting electronicrecords as valid written authorizations or revocationsmay need time and/or training to be able to do so. TheUnion shall provide any necessary training opportunityto the Employer to facilitate acceptance of electronicrecords as valid written authorizations or revocationsfor deduction and remittance. Those Employers whoare not currently accepting electronic records as validwritten authorizations or revocations shall commenceacceptance no later than nine (9) months from the datean Employer becomes signatory to this Agreement (the“Transition Period”), provided that any reasonablyrequested training has been provided by the Union. Itis understood that the transition to electronic recordsand electronic signatures may cause some delays.During the Transition Period, Employers who deductappropriately, but whose transmissions are delayed,6
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 7shall not be subject to interest or penalties owing tosuch delays.The Employer hereby agrees to deduct voluntarypolitical contribution deductions based uponauthorizations signed by the employees in accordancewith applicable law.Such deductions will be made from the pay forthe first full pay period worked by each employeefollowing the receipt of the authorization, andthereafter will be made the first pay day each month,and forwarded to the Union not later than the twentiethday in each and every current month. Such deductionsshall constitute trust funds while in the possession ofthe Employer.If the Employer fails to remit to the Union thedues or other monies deducted in accordance with thissection by the twentieth day, the Employer shall payinterest on such dues at the rate of one percent permonth beginning on the twenty-first day, unless theEmployer can demonstrate the delay was for goodcause due to circumstances beyond its control. Theinterest shall not be assessed for an Employer’s initialfailure to deduct voluntary political contributions untilthirty (30) days after the Employer has received writtennotice from the Union of its failure to deduct.The Employer shall provide employee informationin connection with the transmission of dues, initiationfees, all legal assessments and other deductionsrequired to be transmitted to the Union (collectively,"Deductions"). Deductions from employees' paychecks7
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 8shall be transmitted to the Union electronically viaACH utilizing the 32BJ self-service portal, unless theUnion directs, in writing, that Deductions be remittedby means other than electronic transmittals. The Unionshall specify reasonable information to be recordedand/or transmitted by the Employer, as necessary andconsistent with this Agreement.Employers who are currently transmittingDeductions by ACH shall continue to do so. Theparties recognize that Employers who are not currentlytransmitting Deductions by ACH may need timeand/or training to be able to do so. The Union shallprovide any necessary training opportunity to theEmployer to facilitate electronic transmissions. ThoseEmployers who are not currently transmittingDeductions by ACH shall commence transmission byACH no later than nine (9) months from the date anEmployer becomes signatory to this Agreement (the“Transition Period”), provided that any reasonablyrequested training has been provided by the Union. Itis understood that the transition to ACH payment maycause some delays in effecting transmission. Duringthe Transition Period, Employers who deductappropriately, but whose transmissions are delayed,shall not be subject to interest or penalties owing tosuch delays.If a signatory does not revoke the authorizationat the end of a year following the date of authorization,or at the end of the current contract, whichever isearlier, it shall be deemed a renewal of authorization,8
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 9irrevocable for another year, or until the expiration ofthe next succeeding contract, whichever is earlier.The Union agrees to indemnify and save suchEmployer and the RAB harmless from any liabilityincurred by reason of such deductions.12. Nothing in this Article shall be construed asan admission that the Employer or his employees inany particular building are engaged in interstatecommerce, in an activity affecting interstatecommerce, in the production of goods for interstatecommerce, or that any particular building is coveredby the provisions of the Labor-Management RelationsAct, as amended.13. In keeping with the extension of Article 1,Section 1, to include New Jersey, Connecticut, Nassau,Suffolk, Duchess, Sullivan, Putnam, Orange,Rockland and Westchester counties in New York andthe geographic jurisdiction of the Union, the RAB andthe Union will establish a joint industry committeecomprised of at least 6 representatives from all sectorsof the commercial and residential industry to meet onan ongoing basis, but not less than quarterly. Thecommittee shall review and analyze prevailing marketconditions, including wage and rental rates, anddevelop procedures for resolving union organizationaland representation disputes to minimize disruption andconflict, and to promote stable and efficient laborrelations and labor conditions.9
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 10ARTICLE IICoverage of AgreementSub-Contracting1. The Employer shall not make any agreementor arrangement for the performance of work and/or forthe categories of work heretofore performed byemployees covered by this Agreement except withinprovisions and limitations set forth below.2. The Employer shall give advance written noticeto the RAB and the Union at least three (3) weeks priorto the effective date of its contracting for such services,or changing contractors, indicating the name andaddress of the contractor.3. The Employer shall require the contractor toretain all bargaining unit employees working at thelocation at the time the contract was awarded and tomaintain the existing wage and benefit structure.The Employer agrees that employees thenengaged in the work which is contracted out shallbecome employees of the initial contractor or anysuccessor contractor, and agrees to employ or reemploy the employees working for the contractorwhen the contract is terminated or cancelled. Thisprovision shall not be construed to preventtermination of any employee’s employment underother provisions of this Agreement relating toillness, retirement, resignation, discharge for cause,or layoff by reason of reduction of force; however,a contractor may not reduce force or change thework schedule without first obtaining written10
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 11consent from the union, which shall not beunreasonably withheld.If the contractor fails to comply with anyagreement with the Union covering the work whichwas contracted out, the Employer shall be liableseverally and jointly with the contractor for any andall damages relating to unpaid Health, Pension,Training, Legal and SRSP contributions. TheEmployer’s liability shall commence the date itreceives written notice from the Union or the RAB ofthe contractor’s failure to so comply.4. This Article is intended to apply to allemployees employed in any building committed to thisAgreement and to categories of employees to theextent that such categories of employees are “fairlyclaimable” by the Union, within existing NationalLabor Relations Board case law. In the event that theapplication of this Article, or any part thereof, is heldto be in violation of law, then this Article, or any partthereof, shall remain applicable to the extent permittedby law.ARTICLE IIIWages, Hours & Working Conditions1. The wages, hours, terms and conditions ofemployment set forth in Article XV of this Agreementare hereby made part hereof.2. Except as otherwise provided herein, the wagesset forth in the tables on pages 126-129 shall beeffective as of April 21, 2018, and all its other terms11
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 12and conditions shall become effective on the payrolldate nearest to April 21, 2018. As to all buildings lateradopting this Agreement, it shall take effect uponacceptance by the Union.3. No provision of this Agreement shall beconstrued so as to lower any employee’s wage. Ifemployees in any building have in effect a practice ofterms or conditions better than those provided forherein, applicable generally to them for wages, hours,sick pay, vacations, holidays, relief periods, jury duty,or group life insurance, such better terms or conditionsshall be continued only for employees who have hadsuch conditions. The Arbitrator may relieve theobligations in the preceding sentence if enforcementwould work an undue hardship, injustice or inequityupon the Employer.A change of schedules or duties, so long asrequired relief and luncheon periods are reasonablyspaced, shall not violate this Section, provided theemployee, the Union and the RAB are given at leastone (1) week’s advance written notice and such changeis reasonable. The notice for shift changes i.e., changein work hours or days off, shall be three (3) weeks.However, where as of April 21, 2018, an employee(other than a Working Superintendent) regularlyreceived consecutive days off, the practice shallcontinue, and if any such employee leaves his positionfor any reason whatsoever, his replacement shall alsoreceive consecutive days off.12
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 13ARTICLE IVManagement Rights1. The Union recognizes management’s rights todirect and control its policies subject to the obligationsof this Agreement.2. Employees will cooperate with managementwithin the obligations of this Agreement to facilitateefficient building operation.3. Any employee who is discharged shall befurnished a written statement of reason(s) for suchdischarge no later than five (5) working days after thedate of discharge.In appropriate circumstances, the Employer maysupplement and/or amend its written statement of thereason(s) for discharge within a reasonable time. Suchamended statement shall be substituted for the initialstatement without prejudice to the Employer, includingin an arbitration.If any employee [other than a WorkingSuperintendent covered in Article XVI] is unjustlydischarged, the employee shall be reinstated withoutloss of seniority or rank and without salary reduction.The Joint Industry Grievance Committee or theArbitrator may determine whether, and to what extent,the employee shall be compensated by the Employerfor time lost.4. In circumstances where the managing agentdemands the removal of an employee from furtheremployment in a building, but where there is not13
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 14cause to terminate the employee, the Union willcontinue to work with signatory Employers to reacha mutually satisfactory resolution of the dispute, andto that end, will agree, in appropriate circumstances,to the transfer of the employee in question to anotherbuilding, within the same county, without loss of payor benefits.ARTICLE VGrievance ProcedureIt is agreed that harmonious relations between theparties require the efficient disposition of grievances.There shall be a Joint Industry GrievanceCommittee and a grievance procedure:1. To try to decide all issues not covered by, andnot inconsistent with, any provision of this Agreementand which are not required to be arbitrated under itsterms.2. To try to decide without arbitration, any issuebetween the parties which, under this Agreement, theymust submit to the Arbitrator.3. The grievance may first be taken up between arepresentative of management and a representative ofthe Union. If it is not settled, it may be filed forarbitration.4. All Union claims are brought by the Unionalone and no individual shall have the right tocompromise or settle any claim without the writtenpermission of the Union.14
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 155. The grievance shall be simultaneouslysubmitted to the Joint Industry Grievance Committeewhen the grievance is filed.6. The Committee shall be composed ofrepresentatives of the Union and the RAB, who maybe present at any meeting. It shall be the function ofthe Committee to seek and encourage the settlementof all disputes brought before it. Except inextraordinary circumstances, the parties willparticipate in a Committee meeting before a grievanceproceeds to arbitration, and the scheduling of aCommittee meeting shall not delay arbitration. If theCommittee meeting is not held before the arbitrationdate, the meeting will be cancelled.7. Any grievance, except as otherwise providedherein and except a grievance involving basic wageviolations and Pension, Health, Training, Legal andSRSP contributions shall be presented to the RAB inwriting within 120 days of its occurrence, except forgrievances involving suspension without pay ordischarge which shall be presented within 45 days,unless the Employer agrees to an extension. TheArbitrator shall have the authority to extend the abovetime limitations for good cause shown.8. Where a failure to compensate overtime workcan be unequivocally demonstrated through employerpayroll records, the Union may grieve the failure tocompensate such overtime work for the three (3) yearperiod prior to the filing of the grievance.15
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 16ARTICLE VIArbitration1. A Contract Arbitrator shall have the power todecide all differences arising between the parties tothis Agreement as to interpretation, application orperformance of any part of this Agreement, and suchother issues as are expressly required to be arbitratedbefore the Arbitrator, including such issues as may beinitiated by the Trustees of the Funds. Nothing in thisAgreement shall preclude deferral where the NationalLabor Relations Act (“NLRA”) provides for deferral.2. A hearing shall be initially scheduled withintwo (2) to fifteen (15) working days after either theUnion or the RAB has served written notice upon theOffice of the Contract Arbitrator, with copy to theother party, of any issue to be submitted. TheArbitrator’s oath-taking, and the period, and therequirements for service of notice in the formprescribed by statute are hereby waived. A writtenaward shall be made by the Arbitrator within thirty(30) days after the hearing closes, except inarbitrations involving a superintendent where theArbitrator shall have ten (10) days to issue an award.If an award is not timely rendered, either the Union orthe RAB may demand in writing of the Arbitrator thatthe award must be made within ten (10) more days. Ifno decision is rendered within that time, either theUnion or the RAB may notify the Arbitrator of thetermination of his/her office as to all issues submittedin that proceeding. By mutual consent of the Union16
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 17and the RAB the time of both the hearing and decisionmay be extended in a particular case. If a party, afterdue written notice, defaults in appearing before theArbitrator, an award may be rendered upon thetestimony of the other party.Upon the joint request of all parties, theArbitrator shall issue a “bench decision,” with writtenaward to follow within the required time period.No more than one adjournment per party shall begranted by the Arbitrator without consent of theopposing party.There shall be an expedited arbitration procedurewhere the contract so provides which shall require theArbitrator to hear and determine the matter within four(4) weeks after the demand for arbitration is filed.Due written notice means mailing, faxing or handdelivery to the address of the Employer furnished tothe Union by the RAB.In the event that the Union appears at anarbitration without the grievant, the Arbitrator shallconduct the hearing, provided it is not adjourned. TheArbitrator shall decide the case based upon theevidence adduced at the hearing.3. The procedure herein with respect to mattersover which a Contract Arbitrator has jurisdiction shallbe the sole and exclusive method for the determinationof all such issues, and the Arbitrator shall have thepower to award appropriate remedies, the award beingfinal and binding upon the parties and the employee(s)17
#6302 RAB Apt Bldg Text.qxp Layout 1 12/20/18 12:27 PM Page 18or Employer(s) involved. Nothing herein shall beconstrued to forbid either party from resorting to courtfor relief from, or to enforce rights under, any award.In any proceeding to confirm an award of th
in good standing during the life of the Agreement. 9. Upon execution of this Agreement the Employer shall furnish the Union and the RAB with a complete list of the names, social security numbers and home addresses and job location of all employees covered by this Agreement and shall notify the Union and the RAB of the names and social security .
