ADDENDUM No.
4
The
parties agree to modify the collective bargaining agreement between the Elevator
Manufacturers Association of New York, Inc. (EMANY) and Local 1, IUEC dated
SECTION
II
General
Conditions Applicable to All Types of work and All
Employees
(G)
HEALTH PLAN AND PENSION PLAN
1. The National Elevator
Industry Health Plan and the National Elevator Industry Pension Plan and
Declarations of Trust as the same now exist or may hereafter be amended during
the term of this Agreement including any change in benefits and Employer and/or
employee contributions, are hereby made part of this agreement.
(a)
The Health Plan shall be financed by mutual contributions of employers
and Elevator Constructor Mechanics and Apprentices as provided herein. The Employer agrees to pay and
contribute the amount listed below for each hour of work performed by all
elevator constructor mechanics and apprentices in its
employ.
Effective
Health
Date
Contribution
Each
Elevator Constructor Mechanic and Apprentice shall continue to contribute three
and one-half cents (3½¢) per hour.
Payments of said contributions by Employers and Elevator Constructor
Mechanics and Apprentices shall be in accordance with the National Elevator
Industry Health Plan and Declaration of Trust.
(b)
The Plan of Pension Benefits shall be financed by contributions as
provided herein. The Employer
agrees to pay and contribute the amount listed below for each hour of work
performed by all Elevator Constructor Mechanics and Apprentices in its
employ:
Effective
Pension
Payments of said contributions by Employers shall be in accordance with the terms of Declaration of Trust adopted by the Board of Trustees appointed under the National Elevator Industry Pension Plan.
2.
If the Employers are required for any reason to increase the Employer's
contribution to the National Elevator Industry Health Plan or Pension Plan, then
the amount of such additional employer contribution shall serve to reduce the
effective wage rate set forth in Section VII of this Agreement in an amount
adjusted to reflect such increased employer contribution and its effect upon the
wage rate.
3.
In no event shall the contribution rate of any employer exceed the lowest
contribution rate paid by any other contributor to the Welfare and Pension Plans
for the type of work covered by this Agreement.
There are no
other changes in Section II.
SECTION
VII
Effective
Date-Wage Rates-Termination
(E)
EDUCATIONAL
FUND
The
Joint Educational Committee shall be continued consisting of three (3)
representatives from the Association and three (3) representatives from the
local
The
Joint Educational Committee shall be responsible for providing a program for
educating and training Elevator Constructor Mechanics and apprentices in the
local Union area in conjunction with the National Elevator Industry Educational
Program. Such program shall be
under the sole and exclusive direction of the Joint Education
Committee.
The
Employer agrees to contribute the amount listed below for each hour worked by
all Elevator Constructor Mechanics and apprentices in its employ for the period
of this agreement to the Educational Trust Fund known as the National Elevator
Industry Educational Program which Trust is hereby made part of this
Agreement.
Effective
NEIEP
Date
Contribution
No
contributions shall be made during the six (6) months probationary period on
behalf of probationary employees unless otherwise provided by the NEIEP
Trustees.
If
the Employers are required for any reason to increase the Employer’s
contribution to the National Elevator Industry Educational Program, then the
amount of such additional Employer contribution shall serve to reduce the
effective wage rate set forth in Section VII (B) of this Agreement in an amount
adjusted to reflect such increased Employer contribution and its effect upon the
wage rate.
(F)
WORK PRESERVATION FUND
1.
The Elevator Industry Work Preservation Fund shall be funded by a
contribution of ten cents ($.10) per hour and continued each year thereafter for
each hour of work performed by each employee covered by this Agreement to the
Elevator Industry Work Preservation Fund.
Except for the transfer of contributions described in Par. 5 below, the
monies of the Fund shall be at all times segregated from other Union or Employer
assets, and shall not be used or controlled by the Union or Employers party to
this Agreement, but shall be administered solely by the Trustees and its duly
authorized representatives for the purposes permitted.
2.
The Fund shall be governed by a written Trust Agreement and administered
by a Board of Trustees, in accordance with, and so provided in, the governing
documents of the Fund and subsequent amendments thereto.
3.
The assets of the Fund shall be used for any purpose authorized by
Section 6(b) of the Labor - Management Cooperation Act of 1978 and Section
302(c)(9) of the Taft Hartley Act, 29 U.S.C. Section 186(c)(9). The Fund shall
not be used for any other purpose, including a purpose which is inconsistent
with the provisions of the Standard Agreement, or used for the purpose of
funding any lobbying effort or participation in any litigation, or
administrative proceeding in which the Fund is seeking or supporting a result
which is contrary to the interests of any Employer signatory to this Agreement,
or used in connection with an organizational campaign to organize any employees
of an Employer which is bound by the terms of this Agreement in a job
classification other than the classifications of Elevator Constructor
Mechanic, Elevator Constructor
Helper and Elevator Constructor Apprentice.
4.
No Employer signatory to this Agreement shall be obligated to provide
information to the Union or to the Fund with respect to any matter which the
Fund may be reviewing or pursing or otherwise related to the activities of the
Fund, nor shall any Employer signatory to this Agreement be obligated to
participate in any of the activities of the Fund in any other manner. The
Trustees of the Fund shall not take any action, which directly or indirectly
changes any of the Articles or intent of this Agreement, nor shall any provision
of this Article be construed to change the meaning or intent of any other
Article of this Agreement.
5.
Contributions to the Elevator Industry Work Preservation Fund will be
reported on and transferred on a monthly basis using the Monthly Remittance
Report to the National Elevator Industry Benefit Funds (NEIBF), which will in
turn segregate and deposit the contributions to the Work Preservation Fund in
that Fund's separate account.
There are no
other changes in Section VII.
APPENDIX
“A”
Wages and
Benefit Contributions
APPENDIX “A”
shall be modified to reflect the changes list above and attached hereto as a
part of this Addendum 4.
For EMANY
For Local 1
__________________________
___________________________
E. James
Walker, Jr.
John
G. Green