----· 

TilE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and 

Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its participating employees, and the Union, as a condition of participation in 

this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or 

hereafter adopted. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, 

on all employees doing bargaining unit work, irrespective of whether said employees arc full-time, part-time, casual 

or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter 

this mle or any other mle or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

Covered Group of Employees (Define) _w_a_re_hou_se_m_e_n_an_d_D_rl_ve_rs _ _______________ _ 

REHABILITATION 

Rates of Contribution: How·lv Weekly CONTRACT TYPE: SCHEDULE (attached) 

Effective 11/1/2014 $2.7690 $110.76 D UPS D Default 

Effective 11/1/2015 $2.9490 $117.96 D FREIGHT- National D Schedule A 

Effective 1111/2016 $3.1407 $125.628 D FREIGHT- Area 00 Schedule B 

Effective D CONSTRUCTION D Schedule C 

Effective D MUNICIPAL D ScheduleD 

Effective ~ OTHER 0 Schedule E 

Covered Employees: ~ Bargaining D Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour 

equals hours per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (lOth) 

day of the month following the month in which said monies were accrued, except when otherwise agreed by the 

Fund, but not to exceed by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the 

Employer liable tor all employee benefit claims which are incurred during the period of delinquency, damages, 

reimbursement to the Fund for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses 

incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together 

with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the 

delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 
Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of 

the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied 

with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the 

audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Fund's rules, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully 

complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for 

employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above. 

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the 

Employer also agrees to continue to make contributions on all these employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or 

decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written 

approval from the Fund in order to have these non-covered employees included. Such request must specifically 

define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 194 7, as amended, or any other State or Federal statute or regulation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a 

maximum of one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of 

absence being effective, sufficient monies to pay the required contributions during the period of absence and such 

monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the 

Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other 

requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, 

the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee 

is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to 

work. However, such contributions shall not be paid for a period of more than£__ weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union 

or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, 

service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said 

Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in 

any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable 

tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration 

proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American 

2 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and Employer, 

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter "Fund"). 

The Employer, its participating employees, and the Union, as a condition of participation in this Fund, are bound by this 

Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or 

hereafter adopted by the Board of Trustees. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, on all 

employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual or seasonal, 

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

Covered Group of Employees (Define) Joey's Brokerage/ Regular/Sales 

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default [II Yes D Effective 411115 $1.62 $1.62 $64.80 

Schedule A D No Ill Effective 411116 $1.72 $1 .72 $68.80 

Schedule B D Effective 4/1117 $1 .82 $1 .82 $72.80 

Schedule C D Effective 

ScheduleD D Effective 

Schedule E D Effective 

Schedule G D Effective 

Contract Type: 0UPS 0 Freight-National D Construction D Municipal [!]Other 

Covered Employees: [!] Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour equals hours 

per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (1Oth) day of the 

month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed 

by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent 

( 1 0%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually agreed 

1 

REV. 201407 
upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included, 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

specifically define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management 

Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby 

expressly declared to be saved from such illegality. · 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of 

one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the 

Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than _g__ weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the 

Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider, 

representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in 

the United States District Court for the Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

II. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided 

hereinabove shall be payable from and after l

411115 and continue until expiration of the collective bargaining 

agreement on 1

3131118 subject, however, to the discretion of the Trustees. After expiration of the collective 

bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining 

agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YOnK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Participation Agreement. executed by the undersignc.'<l Teamsters Local Union (hereinafter .. Union .. ) and Employer, 

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter "Fund"). 

The Employer. its participating employees. and the Union. as a condition of participation in this Fund. nrc bound by this 

Participation Agreement. the Trust Agreement. Plan documents and all of the mles and regulations of the Fund now and/or 

~1crca er adopted by the Board of Trustees. 

~ ... Jr_~Xhe Employer and Union understand nnd agree that the Fund contributions shall be made. as set forth herein, on all 

r employees doing bargaining unit work. irrespective of whether said employees are fu ll-time, part-time, casual or seasonal. 

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision of this Participntion Agreement. 

(c) The Employer agrees to contribute as follows. not to exceed the maximum: 

. . . Jointa Galusha LLC - Drivers #7844 

Covered Group of Employees (Dcl1nc) - ---------'----------------

Rehabilitation 

Schedule 

Default 

Schedule A 

Schedule 8 

Schedule C 

ScheduleD 

Schedule E 

Schedule G 

Contract Type: 

[!) 

0 

0 

0 

0 

0 

0 

60 Month 

Death 

Bendit Rates of Contribution: 

Yes 

No 

ours 

Effective 

Effective 

Effective _o.__,__ ___ f-'-L--'-

Enective 

Effective 

EO't:ctive 

Elli!ctivc 

0 Frcight-Nationnl 

Cowred Employees: [!] Bargaining 0 Non-Bnrgnining 

0 Construction 

60 Month DB 

($.05 if 

elected) 

t.,) VICif,~fr 

Contributions begin on aiVcmployces from the first hour of the first day of employment. 

Total 

Houri ' 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour equals hours 

per trip. "]c,fi/f''ri' CJ-D.1)4.. (/../ 

(d) All such payments to be mudc to the Fund uri! to be received by the Fund office on or before the t~h (~ny of the 

month following the month in which snid monies were accrued, except when otherwise agreed by the ~;d. b~~t c.to exceed 

by the end of the same momh due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee bene lit clnims which arc incurred during the period of delinquency. damages. reimbursement to the Fund 

for the Fund's attorneys' fees. auditors· fees. court costs. disbursements and expenses incun'Cd by the Fund in recovering the 

above. In addition. the Employer must pay nil arrears due the Fund together with liquidated damages in the sum of ten percent 

(10%) of the delinquent amount. The late payment of<my delinquency by the Employer shall not in any way relieve it from the 

obligutions set forth above. In addition. when the Employer is notilied in writing by the Fund that it is delinquent. the 

Employer must immediately pay the delinquent amount to the f-und. After said payment. the Employer may appeal the Fund's 

decision 10 the Board ofTn1stccs. whose decision shall be linal and binding. In the event of failure of the Employer to comply 

with any of the rules or the Fund. the Employer and nil its panicipating employees, at the f-und's sole discretion. shnll cease to 

participate in the Fund. and the Employer shall be responsible for all the benefits nnd all other chnrgcs specified herein. 

3. The Fund mny. n1 nny lime. audit the payroll records of any and all employees ofthe Employer a1 a time mutually agreed 

I 

REV. 201407 
,. ' 

upon nt no extra charge to the Employer. In the event it is found that the Employer hns not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shalllle open to participation by any group of members llclonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition. the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However. if these employees are included. 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis ns is provided in this Participntion Agreement. and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

specifically define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Mnnagement 

Relations Act of 1947. as amended. or uny other State or federal stntute or regulation. such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions nrc hereby 

expressly declnred to be saved from such illegality. 

~----

~mof 

8. The Employer agrees to lim1ish such infonnation as mny be necess~~ry to enable the Fund to carry out its duties. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee. participant, the Union or the 

Employer. or thl!ir agents. successors or assigns. against the Fund, the Trustees thereof or nny employee, service provider. 

reprcscntmive or agent thcrcoJ: and all actions and proceedings commenced by or on behalf of said Trustees agoinst any 

claimant, applicant. employee. J)aJ1icipant. the Union or the Employer pcrtnining to the Fund in any manner. shall be brought in 

the appropriate court in the County ofOnondnga. New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachuselts regional oflice of the Amcricnn Arbitrntion Association and all hearings and related proceedings shall be 

conducted in Syracuse. New York. In regard to federal district court nctions. nil such actions shall be commenced and heard in 

the United States District Court for the Northem District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure St!t forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

speci tied herein. 

II. This Participation Agreement shall become cffeclive as of the date of execution hereof and the payments provided 

hereinabove shall be payable from and after 1°21011

2016 and continue until expiration of the collective bargaining 

ngrcemcnt on fo912812018 subject. however. to the discretion of the Trustees. After expiration of the collective 

bargaining agreement. this Participation Agreement shall continue in full force and effect until a successor collective bargaining 

:Jgreement is executed by the Emplo)'Cr and Union unless a) the Trustees terminate the participation of the Employer and 

provide written notice of the dah! of termination. b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with retum receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the 

Treasury Redacted by the U.S. Department 

of the Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

l. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and 

Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its participating employees, and the Union, as a condition of pa11icipation in 

this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or 

hereafter adopted. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, 

on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual 

or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter 

this rule or any other rule or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

Covered Group of Employees (Define) -=O~ne:.:s..:..:.M;:;ot.:.;,or....::C.:.;,om;;::p;:;an;:,_y..:..:.ln.:.;,c. ______________ ___ _ 

60 Month 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Default 

Schedule A 

Schedule B 

Schedule C 

ScheduleD 

Schedule E 

Schedule G 

D Yes 

0 No 

D 

D 

D 

00 

D 

Effective 08/01/2013 

------ Effective 08/01/2014 

------ Effective 08/01/2015 

Effective 

Effective 

Effective 

Effective 

------

60 Month DB 

($.05 if Total 

Hourly elected) Hourly 

12.5090 12.5090 

13.5410 13.5410 

14.6581 14.6581 

Contract Type: 0UPS lj] Freight-National D Construction D Municipal 

Covered Employees: [j) Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of employment. 

Weekly 

500.36 

541.64 

586.32 

D Other 

Fo1mula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour 

equals hours per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (I Oth) 

day of the month following the month in which said monies were accrued, except when otherwise agreed by the 

Fund, but not to exceed by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the 

Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages, 

reimbursement to the Fund for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses 

incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together 

with liquidated damages in the sum of ten percent (I 0%) of the delinquent amount. The late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when 
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the 

delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 

Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of 

the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied 

with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the 

audit that has been perfonned by the Fund. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Fund's rules, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully 

complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for 

employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above. 

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the 

Employer also agrees to continue to make contributions on all these employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or 

decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written 

approval from the Fund in order to have these non-covered employees included. Such request must specifically 

define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a 

maximwn of one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of 

absence being effective, sufficient monies to pay the required contributions during the period of absence and such 

monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the 

Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other 

requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such infonnation as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, 

the Employer shall continue to make the required contributions for a period of four ( 4) weeks. If a regular employee 

is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to 

work. However, such contributions shall not be paid for a period of more than _4 __ weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union 

or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, 

service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said 

Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in 

any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable 

2 
Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and Employer, 

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter "Fund"). 

The Employer, its participating employees, and the Union, as a condition of participation in this Fund, are bound by this 

Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or 

hereafter adopted by the Board ofTrustees. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, on all 

employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual or seasonal, 

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

C d G fE I (D fi ) Joseph A Cimino Food Brokers Clerical 

overe roup o · mp oyees e me --------------------------

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default [!] Yes 0 Effective 4/1115 $1.27 $1.27 $50.80 

Schedule A D No [!] Effective 4/1116 $1.35 $1.35 $54.00 

Schedule B D Effective 4/1/17 $1.43 $1.43 $57.20 

Schedule C D Effective 

ScheduleD 0 Effective 

Schedule E D Effective 

Schedule G D Effective 

Contract Type: OUPS D Freight-National D Construction D Municipal [!]Other 

Covered Employees: [!] Bargaining D Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour equals hours 

per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (lOth) day of the 

month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed 

by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent 

( 10%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually agreed 

1 

REV. 201407 
upoo at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included, 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

specifically define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management 

Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a m~'Ximum of 

one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the 

Employer shall continue to make the required contributions for a period of four ( 4) weeks. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than ~weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the 

Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider, 

representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in 

the United States District Court for the Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

II. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided 

hereinabove shall be payable from and after 1

4!.11.15 

........... J and continue until expiration of the collective bargaining 

agreement on j3/31/ ~ J subject, however, to the discretion of the Trustees. After expiration of the collective 

bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining 

agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and Employer, 

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter "Fund"). 

The Employer, its participating employees, and the Union, as a condition of participation in this Fund, are bound by this 

Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or 

hereafter adopted by the Board of Trustees. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, on all 

employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual or seasonal, 

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

C d G fE I (D fi ) 

Joseph A Cimino Food Brokers Mgmt 

overe roup o mp oyees e me 

60 Month 60 Month DB 

Rehabi I itation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default [!] Yes 0 Effective 4/1/15 $3.37 $3.34 $134.80 

Schedule A 0 No ~ Effective 411/16 $3.5'7 $3.574 $142.80 

Schedule B 0 Effective 4/1117 $3.79 $3.79 $151.60 

Schedule C 0 Effective 

ScheduleD 0 Effective 

Schedule E 0 Effective 

Schedule G 0 Effective 

Contract Type: 0 UPS 0 Freight-National 0 Construction 0 Municipal [!]Other 

Covered Employees: ~ Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour equals hours 

per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (lOth) day ofthe 

month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed 

by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent 

(I 0%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually agreed 

I 

REV. 201407 
upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included, 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

specifically define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management 

Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of 

one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the 

Employer shall continue to make the required contributions for a period of four ( 4) weeks. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than ~weeks. 

1 0. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the 

Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider, 

representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracuse, New York. In regard to federal district court actions, all such actions shalt be commenced and heard in 

the United States District Court for the Northern District of New York. The Fund shalt not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

I I. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided 

hereinabove shall be ayable from and after 1

4!1 115 -· .. .. J and continue until expiration of the collective bargaining 

agreement on 3/31/18 I subject, however, to the discretion of the Trustees. After expiration of the collective 

bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining 

agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and 

provide written notice of the date oftermination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of 

the Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter ··union·') and Employer, 

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter ··Fund"). 

The Employer. its participating employees. and the Union, as a condition of participation in this Fund, are bound by this 

Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or 

hereafter adopted by the Board of Trustees. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made. as set forth herein, on all 

employees doing bargaining unit work. irrespective of whether said employees arc full-time, part-time, casual or seasonal. 

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision of this Participation Agreement. 

{c) The Employer agrees to contribute as lollows, not to exceed the maximum: 

. Joseph R. Wunderlich, Inc. - Drivers #5288 

Covered Group ol Employees (Deline)---------------------------

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Bene lit Rates of Contribution: Houri elected) Houri ' Weeki , 

Default D Yes D Effective 07/0112015 3.90SG 3.9086 

Schedule A D No [!] EtTective 071011<01G 4.1627 4.1627 

Schedule 13 [!) Effective 07/0112017 4.4333 4.4333 

Schedule C D Encctive 

ScheduleD D Effective 

Schedule E D EITcctivc 

Schedule G D Effective 

Contract Type: OUPS D Freight-National 0 Construction 0 Municipal ~Other 

Covered Employees: [!) Bargaining D Non-Bargaining 

Contributions begin on all employees from the first hour or the first day of employment. 

Formula for Road Drivers Contribution~: Total miles driven in a tour of duty divided by 25 miles per hour equals hours 

per trip. 

(d) All such payments to be made to the Fund ar<! to be received by the Fund oflice on or before the tenth (lOth) day of the 

month following the month in which said monies were accnted, except when otherwise agreed by the Fund, but not to exceed 

by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee benefit claims which are incurred during the period of delinquency, damages. reimbursement to the Fund 

for the Fund's attorneys' fees. auditors' fees. court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition. the Employer must pay all arrenrs due the Fund together with liquidated damages in the sum of ten percent 

(I 0%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, wh<!n the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board ofTntstees, whose decision shall be linal and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees. at the Fund's sole discretion, shall cease to 

participate in the Fund. and the Employer shall be responsible for all the benefits nnd all other charges specified herein. 

3. The Fund may. at any time. audit the payroll records of any and all employees of the Employer at a time mutually agreed 

I 

REV. 201407 
upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included, 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis as is provided in this Participation Agreement. and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

and all ntlcs and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

speeilically define the category or categories invol\'ed. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Manugement 

Relations Act of 1947. as amended, or any other State or Federol statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest or the provisions of this Participation Agreement and such provisions arc hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of 

one full calendar year. 

7. If an employee is granted a leave of absence. the Employer shall collect from said employee. prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and docs not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

8. The Employer ngrccs to furnish such infonnation as may be nl!ccssary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or ofT-the-job injury and notifies the Employer of such absence, the 

Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on 

the job. the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than _4 __ weeks. 

10. All actions and proceedings commenced or initiated by any claimant. applicant. employee. participant. the Union or the 

Employer. or their agents, successors or assigns, against the Fund. the Trustees thereof or any employee, service provider. 

representative or agent thereot: and all actions and proceedings commenced by or on behalf of said Tmstces against any 

claimant. applicant, employee. participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitrotion proceedings. nil such arbitrations shall be initiated in the Boston, 

Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracuse, New York. In regard to federal district court actions. all such actions shall be commenced and heard in 

the United States District Court for the Northern District or New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in nny collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

II. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided 

hereinabove shall be a able from and after fo71011

2015 and continue until expiration of the collective bargnining 

agreement on 06/30I2018 subject, however, to the discretion of the Trustees. Atier expiration of the collective 

bargaining agreement, this Participation Agreement shall continue in full force and eOcctuntil a successor collective bargaining 

agreement is executed by the Employer and Union unless a) the Tmstees tcnninate the participation of the Employer and 

provide written notice of the date of termination. b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and Employer, 

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter "Fund"), 

The Employer, its participating employees, and the Union, as a condition of participation in thjs Fund, are bound by this 

Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or 

hereafter adopted by the Board of Trustees. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, on all 

employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual or seasonal, 

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

KEELER CONST./FLEET 

Covered Group of Employees (Define)-------------------- ----

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri 

Default 1!1 Yes D Effective 711.".1010 ue ~8 'll.lf'IW<>Mm 

Schedule A D No [!] Effective 71112017 U5 4.75 ........ """""" 

Schedule B D Effective 

Schedule C D Effective 

ScheduleD D Effective 

Schedole E D Effective 

Schedule G D Effective 

Contract Type: O UPS 0 Freight-National [!] Construction D Municipal O Other 

Covered Employees: [!] Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour equals hours 

per trip. 

(d) All such payments to be made to the fund are to be received by the fund office on or before the tenth (I Oth) day of the 

month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed 

by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum often percent 

(10%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above, In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually agreed 

I 

REV. 20 1407 
upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth In this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. 1-lowever, if these employees arc included, 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

specifically detine the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management 

Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions arc hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of 

one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules ofthe Fund. In the event the Employer grants n leave 

and docs not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the 

Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

_ contributions shall not be paid for a period of more than _o __ weeks. 

I 0. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the 

Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider, 

representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in 

the United States District Court for the Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

II. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided 

hereinabove shall be a able from and after l7!yg_g -- ---- .. i and continue until expiration of the collective bargaining 

agreement on ~@!~gQ~ -· ~ - ! subject, however, to the discretion of the Trustees. After expiration of the collective 

bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining 

agreement is executed by the Employer and Union unless n) the Trustees tenninate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 

:: 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of 

the Treasury Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") and Employer, 

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter "Fund"). 

The Employer, its participating employees, and the Union, as a condition of participation in this found, are bound by this 

Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or 

hereafter adopted by the Board of Trustees. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, on all 

employees doing bargaining unit work, irrespective of whether said employees are fu ll-time, part-time, casual or seasonal, 

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision ofthis Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

KEELER CONST./HEAVY & HIGHWAY DRIVERS. Covered Group of Employees (Define)--------- ---------- -----

60 Month 60Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri 

Default [!] Yes D Effective 7/112018 11 ~3 0.43 .t.U.tf\J~ 

Schedule A D No [!] Effective 7/112017 10.00 10.00 I.Uti\S. WC'VIlO 

.... Schedule B 0 Effective 

Schedule C 0 Effective 

ScheduleD D Effective 

Schedule E D Effective 

Schedule G 0 Effective 

Contract Type: o urs 0 Freight-National I!] Construction 0 Municipal 00ther 

Covered Employees: [!] Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of employment. 

Formula for Road Drivers Contributions: Total miles driven In a tour of duty divided by 25 miles per hour equals hours 

per trip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (lOth) day of the 

.. month following the month in which said monies were accrued, except when otherwise agreed by the found, but not to exceed 

by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum often percent 

(I 0%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event offailure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually agreed 

I 

REV. 20 1407 

'l 
upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of tl1e audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included, 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

specifically define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management 

Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of 

one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

.and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the 

Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than _o __ weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the 

Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider, 

representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in 

the United States District Court for the Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

11 . This Participation Agreement shall become effective as of the date of execution hereof and the payments provided 

. 17/1/2016 ; . heremabove shall be a able from and after ... .......... ·- -···· : and contmue until expiration of the collective bargaining 

agreement on ~(?. 1/_?q~ ~ ... _ .. _ ... .l subject, however, to the discretion of the Trustees. After e~piration of the collective 

bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining 

agreement is executed by the Employer and Union unless a) the Trustees tenninate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department 

of the Treasury

Redacted by the U.S. Department of the Treasury
,/ /t .. 

I 

THE NEW YORK STATE TEAMSTERS CONF.ERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Pm1icipation Agreement, executed by the undersigned Teamsters Local Union (hcrcinaller "Union") and Employer, 

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter "Fund"). 

The Employer, its participating employees, and the Union, as a condition of participation in this Fund, are hmutd by this 

Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fun~ now and/or 

hereat1er adopted by the Board ofTmstees. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, on all 

employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual or seasonal, 

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision of this Participation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed the maximum: 

~ Drivers and Stockhandlers (Batavia) Covered Group of Employees (Define)---------------------------

60 Month 60Month Dll 

Rehabilitation Death ($.05 if Total 

Schedule Benelit Rates or Contribution: Houri elected) Houri 

Default 0 Yes 0 Effective 0129/2015 2.10J4 $e.l.14 

Schedule A 0 No [!] Effective 11112016 2~01 S09.01 $89.6 1 

Schedule B [!] Effective;: 11112017 2..3857 $95A4 $()5.44 

Schedule C 0 Effective 111/2010 2.5-lOB $101.1)4 $101.04 

ScheduleD 0 Effecti ve 

Schedule E 0 Effective 

Schedule G 0 Effective 

Contract Type: 0 UPS 0 Freight-National 0 Construction 0Municipal ~Other 

Covered Employees: [!] Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of employment. 

f-ormula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour equals hours 

per trip. 

(d) All such paymt:nls to be made to the Fund are to be received by the fund office on or before the tenth (lOth) day of the 

month following the month in \vhich said monies were accmcd, except when otherwise agreed by the Fund, ~ut not to exceed 

by the end of the same rnonth due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as speci tied herein shall make the Employer 

I iab!e for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund 

lo r the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all mrears due the Fund together with liquidated damages in the sum of ten percent 

(I 0%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Doard of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the mles of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

3. The Fund may, at ;my time, audit the payroll records of any and all employees of the Employer at a time mutually agreed 

I 

REV. 201.407 

It; 
upon at no exu·a charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been perfonned by 

the Fund. In addition, the Employer shall be responsible as set forth in this Pat1icipation Agreement aod the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fw1d for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included, 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

specifically dctine the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of th~ Labor-Management 

Relations Act of 1947, as runencled, or any other State or Federal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of 

one full calendar year. 

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence at1d such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. IJl the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such infom1ation as may be necessary to enable the Fund to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injtuy and notitiJ/!;e Employer of such absence, the 

Employer shall continue to make the required contributions tor a period 6f fout (<?) weel~ fa regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee rcturll_S ,1~ work. However, such 

contributions shall not bt: paid for a period of more than~ weeks~ C1 wu~ -MAA lrtLJ..-- A 

~<P~v&.lt-5 ~ wovto.rs ~ 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the 

Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider, 

representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicat1t, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachusetts regional oftice of the Americatl Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced at1d heard in 

the United States District Court for the Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that a11y action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

II. This Participation Agreement shall become efTective as of the date of execution hereof a11d the payments provided 

hereinabove shall be payable from and alter 1

612812015 and continue until expiration of the collective bargaining 

agreement on js/271

2019 subject, however, to the discretion of the Trustees. After expiration of the collective 

bargaining agreement, this Participation Agreement shall continue in full force and eUcct until a successor collective bargaining 

agreement is executed by the Employer and Union unless a) the Tmstees terminate the participation of the Employer and 

provide written notice of the date of h!m1ination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with retum receipt requested of its intent to tem1inate participation because it no longer has atl obligation to 

2 

REV. 201407 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the 

Treasury Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the 

Treasury