DRAFT MO. i
PARTICIPATION AGREEMENT

This agreement ("Participation Agreement") entered into
as of the ist day of January, 1597, between the Local 605 I. B. of
T. ("Onion") and the Board of Trustees ("Trustees") of the Local
80S Pension & Retirement Fund ("Fund") shall govern the
participation of all of the non-bargaining unit employees
("Employees") of the Union in the Fund.

4. (a) Effective as of January 1, 1997, ("Effective
Date"), the Union shall make contributions to the Fund for each of
its Employees on a monthly basis in accordance with the
Contribution Schedule set forth in Appendix A of this Participation
Agreement for coverage in the Fund which rate shall be at least
equal to the rate set forth in the collective bargaining agreements
between the Union and other contributing employers. The Union
further agrees that such contribution amount may be subject to
change during the term of the Participation Agreement by the
Trustees effective upon thirty (30) days’ advance written notice to
the Union. The Union retains the right to terminate its
participation upon thirty (30) days’ written notice.

2. The Employer hereby confirms its adoption and
agreemant to be bound, and to abide by all of the terms and
conditions of the Local #05 Pension Plan ("Plan"), the Agreement
and Declaration of Trust ("Trust Agreement") of the Local 805
Pension and Retirement Fund establishing the Pension Fund, other
Local 805 Pension Plan/Local 805 Pension and Retirement Fund
documents, and all rules and regulations thereof, as they presently



4, This Agreement shall be treated as if it is a collective bargaining agreement for the
purposes of Section 515 of the Employee Retirement income Security Act af 1974
("ERISA") and the provisions of Section $02(g){2) of ERISA shall apply to the collection of
contributions from the Employer under this Agreement. The Trustees shall have the
right to take whatever steps are necessary to collect contributions owed by the
Employer in accordance with the Fund's Trust and all policies and procedures adopted
thereunder,

5. The Employer agrees and authorizes the Fund to cause audits (o be made of the payrall,
wage, and other records in regard ta the Employee.

6, The Employer agrees that the participation of the eligible Employee in the Fund is
conditioned on the Employer's compliance with the requirements of the Fund's Trust,
Plan, the Internal Revenue Code of 1986 as armended ("Code"), and other applicable
laws, polictes, and rules ard regulations adopted by the Trustees.

7. This Agreement may be amended only by a written agreement signed by the parties,
except that the Trustees may unilaterally modify the required contribution rates at any
time. The Employer acknowledges that the Fund's Trustees further reserve the right Lo
amend, modify or terminate the Plan, the Trust, and the Fund's rules and regulations at
any time with proper notice to the Employer,

8. The Employer acknowledges that the Trustees may terminate this Participation
Agreement at any time, The Employer may terminate this Participation
Agreement with 30 days advance written notice to the Fund, The Fund's right
to conduct a payroll audit and to collect delinquent contributions as provided
In this Agreement shall survive termination of this Agreement,

9. This Agreement and the Appendix are the complete Agreement between the parties and
supersede any prior written of oral Agreement. This Agreement Is governed by the laws
of the State of New York to the extent not pre-empted by Federal law.

IN WITNESS WHEREOF, the Employer and the Fund have caused this instrument to be
executed by their duly authorized representatives, whose signatures appear below.


Memorandum of Agreement

This agreement between T&R, the company, located at 203-07 Linden Blvd., St
Albans, New York 11412 and Teamsters Local 805, the Union, located at 44-61 11°
Street, Long Island City, New York 11101 have agreed to modify the current bargaining
agreement dated September 15, 2008 thru September 15, 2011.

Dated May 3, 2011 the Union and the Company met to modify the following:
1, WAGES -

T&R agrees to reinstate the adjusted wages as follow:

On June 30, 2011 one half (14) of the wages will be reinstated,

On September 30, 2011 the other one half (14) of the will be be reinstated.
(see attached list)

2, VACATION -

Effective on January 1, 2012 T&R will reinstate to al Union employees one week
vacation for a total of three weeks.

3, EALTI ELF. -

T&R will continue payment into the Teamsters Local 805 Welfare Fund rate as the
Tobacco Association,

4. PENSION -

T&R will continue payment into the Teamsters Local 805 Pension Fund as the
Tobacco Association.

This agreement was voted on and accepted by the Members of Local 805 at T&R
Tobacco.

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

Department of the Treasury

pdmstersLocal 805 —V//



83/84/2024 14:06 1716650964 LOCAL. B05 PRE 02
09/04/2014 TT:40AR FAK yearg00ze 123 Fox Rothschild (LP Qoo02z/e007

Pennsonio Corporation of North America and Local 805, IBT renew and extend all terms of their
collective bargaining agreement which expired January 31, 2014, except as modified helow:

1, Duration: = Februmry 1, 2014. Jarmunry 31, 2017,
2 Wages:
Effective epon ratification: $1,000—lump sum payment.
Februsry 1, 2015: 24%
Februury 1,2016: 3%
3, Welfare:
Effective: February 1,2014; $922
Februnry 1, 2015: $968
February 1, 2016: $1,016

Effective: February 1,2014; $350
February 1,2015: $370
February 1, 2016; $390

If the Pension Fund's Rehabilitation Plan requires an additiona) contribution, the Union
can oxorcise its right to reopen the agreement as to the Pension Plan.

5.  Becoptionist Position:
Open for Company's final decision and discussions thereafter,
6. Section 4:__ Shop Steward:

‘There shat] bo two (2) stewards, one for clerical and one for mallroom/warchouse, with
the altemate for cach to be the other steward.

7. Section 5; __Union Bulletin Board end Union Business:
‘The Unior agrees to the Company’s proposa) #3,

n @


TEAMSTERS LOCAL B05 PENSION and RETIREMENT FUND
(hereinafter the “Fund")

PARTICIPATION AGREEMENT FOR A FORMER EMPLOYEE OF LOCAL 805 AND A CURRENT
EMPLOYEE OF THE
TEAMSTERS LOCAL 810 UNITED WIRE, METAL AND MACHINE HEALTH & WELFARE FUND

(hereinafter the “Employer”)

THIS AGREEMENT js made and entered into by and between the Fund and the Employet
(together as "Parties"), by thelr duly authorized representatives.

WHEREAS, the fund is a defined benefit pian governed by the Employee Retirement
Income Security Act of 1974, as amended ("ERISA"), and. provides pension benefits to eligible

participants; and

WHEREAS, the Employee, Linda Alvarez, hereinafter the “Employee” was a former
employee of the Fund and participated in the Fund;

WHEREAS, The Employer wishes participate In the Pension Fund as an Employer and
desires to make contributions an behall of the Employee so that she can continue to accrue
a pension benefit from the Fund; and

WHEREAS, the Fund's Agreement and Declaration of Trust allows for the participation
of the Employer's Employee pursuant to the terms of a written agreement;

NOW, THEREFORE, in consideration of the promises and mutual covenants hereln
contained, the Fund and the Employer hereby recognize and authorize the participation of the
Employer's Employee in the Fund on the following basis, effective March 1, 2015;

1, The Employer agrees to make contributions to the Pension Fund on behalf of the
Employee effective March 1, 2025, at the rate In the attached Appendix, as may be
amended from time to time in the sole discretion of the Board of Trustees of the Fund
("Trustees"), The Employer acknowledges that the Trustees may modify the contribution
rate at any time upon prior notice to the Employer, The Employor agrees that
contributions and o remittance report are due te the Fund on or before-the 10th day of

each month for the current month ("Due Date’).
2 The Employer agrees thet this Agreement shall apply any to the Employee,
3, The Employer agrees to be bound by, and hereby assents to, ali the fe/ms and

conditions of the Fund's Agreement and Declaration of Trust ("Trust*), Plan, all
policies adopted thereunder, as such documents may be amended from time to



08/11/2024 16:31 17186696408 LOcALaOs PAGE Ol

:
:
:

RECOGNITION

UNION SECURITY

THE UNION AND EMPLOYER AS THE
PARTIES IN INTEREST

STEWARDS

UNION BULLETIN BOARD

LEAVE OF ABSENCE

SENIORITY

MAINTENANCE OF STANDARDS

PROTECTION OF RIGHTS

DISCHARGE OF EMPLOYEES

BONDS

EXAMINATION AND IDENTIFICTION FEES

DEDUCTION FOR DUES .

COMPENSATION INSURANCE

EQUIPMENT, ACCIDENT REPORTS

PAID FOR TIME

WAGES, BONUSES & CLASSIFICATIONS

HOURS

MEAL PERIOD

COFFEE BREAKS OR REST PERIODS

SANITARY CONDITIONS

VACATIONS

HOLIDAYS

SICK DAYS

BEREAVEMENT LEAVE

TIME CLOCKS

wae

NnHwW w -_ —— _—
SRSREBYBSSARRES HERS ea4AaVe whe
intricinietetet—2° nS fon a i.e ae an as

DeTBSSEST: 3;3241-2 j i

100'd “ORI VIE 50:91 T0e-Z1-en¥


NATIONAL MASTER
FREIGHT AGREEMENT



Appendix

Fffective Marchi, 2015, the Employer agrees to make monthly contributions to the
Fund on behalf of the eligible Employee, subject to the terms and conditions of this
Participation Agreament, as follows:

$350.00/month


LOCAL 81a FAX NO. +2122436769 Feb, 22 2816 @9:56AM Fe

STIPULATION OF AGREEMENT

Mt igh stip. wd Mureed TRR Tobaseo and LOCAL 810, L.-T. ‘that te
ana lhe y O43 ep expiring on bh Be Sg pened in full forse wi-ofPect With the follavring

{, Length of Agreement: Lyoura From; April (, 2015 - March 31, 2018

2.. General Increuses) Effective 0401/15 25¢-per hour, par reese
Effective 04/91/16 25¢ per beer, pee
Effective 0401/17 25¢ per hour, en. or

Effective 04; 00 per month, per
oop 00 per hon Per arp

$, Petyyton: ih S: B497.44
ine 0a) N6rS0I9
fio 0401/17, $309.46

3,, Heals ond Wolfiare: Enttive 4/05 eu eB 00 per manth, per srulaee

Hs echipct to the. wal of, qou signature of the Pretidant of Local 820, LB.T,, and unit!
Siguteal ‘prowl Taoelved this agreariant ty not final and-may berejeciod by the’ Unidn,

T&R TOBACCO

AL 810, U
Redacted by the U.S.
Department of the Treasury

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



WB/11/2024 16:31 i7leeasedag LOCAL80S

(m) One time during this Agreement, but no earlier than January 1} 2005, the Union
may, upon a two-thirds (2/3) vote of any tier of employees (Tier 1, 2 or 3), ef
employee wages in that tier, no more than seventy-five cents ($.75) per
time hour worked to contribute to the Pension Fund (“Supplemental i
shall provide written notice tw the Employer of any Supplemental
tiers) that authorize by a two-thirds (2/3) vote’ such Supplemental Contril
with this provision shall constitute tewful authorization for payroll fleduction of the
Supplemental Contribution.

(x) The Employer or the Union may reopen this Agreement fot the purposes of
negotiating over the terms of this Article 38, including for purposes of negotiating Employer's
immediate withdrawal from, and discontinuance of any firther contributions to, the Pension
Fund, or contribution rate increases required by the Pension Fund's Trustees. ‘[he Employer and
the Union retain the right to take economic action should they fail to reach an| agreement at that
time.

39. 401(k) PLAN
The Employer will set up payroll deductions to allow employees to

National Teamster 401(k) Plan on a voluntary basis (ic, with voluntary

contributions only),

40, HEALTH REIMBURSEMENT ACCOUNT

The Employer will participate in a Health Reimbursement Account
allow employees to voluntarily direct funds from bonus payments into an

HRAs (¢.g., co-payments, deductibles, dental bills, and glasses).
41, BREACHES AND DEPAULTS

‘The failure of the Union or the Employer to insist upon a strict perfo:
terms, corditions and covenants herein shall not be deemed a waiver of any fi

breech or default in the terms, conditions and covenants therein contained.
42, EMERGENCY REOPENING

In the event of war, a declaration of emergency or imposition of economic controls
during the life of this Agreement, the Union may reopen the same upon thirty days written notice
and request renegotiations of matters dealing with wages end hours, Upon failure of the parties
to agree in such negotiations, the Union shall be permitted all lawful economic recourse to
Support its request for revisions. Lf governmental approvel of revisions shall necessary,
all parties will cooperate to the utmost to attain such approval. The parties that the notice
provided herein shall be accepted by all parties as compliance with the notice $f requirements of
applicable law 0 as to permit economic action at the expiration thereof.

{OUASSSET; 3; 3041-2 } 21

23

eto'd “OH Wit Stigt Pidz-2t-oov


68/11/2824 16:31 17186896408 LOCAL BOS

PABE 22
agreed upon in view of the Fund’s loss of income resulting from the late peyfnen the Pension
Fund’s expanses in effeotuating collection, and the difficulty of estimating actuhl damages,

(4) In addition, interest at the rate of one and one-half percent (1 1/2%) per month of
the maximum permitted by law, whichever is less, shall be paid to the Pension Fund for cach
month of delinquency after the first five (5) months,

(ec) The Employer further agrees to submit with each payment a list of all employees
covered by this Agreement and such other, information as may be required joy the Local 805
Pension Fund office to guarantee the sound and efficient operation of the ‘The express
assumption of this renewal Agreement shall be part of any contract, understanding memorandum
of agreement made between the Employer and any such transferee or successor

(f) The Pension Fund shall be held and managed under the terms and provisions of an
Agreement and Declaration of Trust as amended, the original of which is on file on the offices of
said Pension Purd and ell amendments made thereto from time to time.

(g) The Employer shall make available to the Pension Fund T either by mail
or directly to its authorized representatives all wage and other data that said may require
in connection with the sound and efficient operation of Pension Fund.

(®) «= Tse Union or the Pension Fund in the name of its Ch a, may institute or
intervene in any proceedings at law, in equity, in arbitration, bankruptcy or gssignment for the

purpose of effectuating the collection of any sums due from the Employer.

@ It is also understood and agreed that Officers and Emplo of the Union,
members of the Advisory Board of the Union, and Employees of the Pension pnd Welfare Fund
shall be eligible for benefits from the Pension Fund, provided their respective Employers shall
make contributions on bebalf of the aforesaid persons.

G) =~ Im the event a dispute arises in connection with the failure of the Employer to
make the required payments to the funds provided for in this Agreement,
Union submits the matter to arbitration, and if the Arbitrator sustains the
decision shall contain a directive that the Employer pay all collection
costs, if eny, and interest at the then current rats, also the full cost of the afbitration and also
reasonable attomey fees for any attorney representing the Union in i
arbitration and court proceedings.

(k) The Union and/or the Pension Fund shall have the right to
the Employer pertaining to the Employer's payment to the Pension Fund.

() =‘ The Pension Fund Trustees will provide such benefits

notwithstanding anything stated in any other document, such changes
increase the Employer's contribution obligation to the Pension Fund as set

(O18 9a67; 5; 3ta1-2 + 20

vrs “OHI WIR ST:9T «9 T0zZ-21-Ony


e/11/2824 16:31 17186096408 LOcaL 60s PAGE 21

shall be eligible for benefits from the Welfare Fund, providing tseir respective employers shall
make contributions on behalf of the aforesaid persons.

(m) _ In the event a dispute arises in connection with the failure of the Employer to
make the required payments to the funds provided for in this Agreement, anti in the event the
Union submits the matter to arbitration, and if the Arbitrator sustains the Unjon’s position, his
decision shall contain a directive that the Employer pay all collection expenses, including court
costs, if any, and interest at the then current rate, also the full cost of the afbitration and also
reasonable attorney fees for eny attomey representing tho Union in co 0
arbitration and court proceedings,

(n) ‘The Union and/or the Welfare Fund shall have the right to
the Employer pertaining to the Employer's payment to the Welfare Fund.

(0) The Employer shall assume complete responsibilities for payme:
benefits to employees, in the maximum amounts payable under the laws of Mev
Jersey, or such other state as may have jurisdiction,

(p) ‘The above listed amounts are the maximum contributions that the Employer will
make to the Welfare Fund.
38. PENSION FUND

(a) Effective April 1, 2014, the Employer shall pay monthly to local 805 Pension
and Retirement Fund, hereinafter referred to as the "Pension Fund” for each b1

Pension Fund Rehabilitation Plan (Effective for the Plan Year Commencing April 1, 2014, the
“Rehabilitation Plan”). For clarification, Alternative Schedule IL of the Rehabilitation Plan
provides for the following contributions: $291.61 per participant for the Plan Year begi

April 1, 2014, $297.44 per participant per month for the Plan Year beginning
$303.39 per pacticipant per month for the Plan Year beginning April 1, 201
participant per month for the Plan Year beginning April 1, 2017; and increas¢:
on a compounded basis, in employer contributions for Plan Years beginning a:
2018,

(b) The Employer shall not contribute to the Local 805 Pension Fun
employee until the employee hes been employed for one (1) year. Commentein
month following ths new employee's first anniversary date of employment, tp
contribute to the Local 805 Pension Fund retroactive to the date of hire.

(c) The Employer shall make prompt payment in full to the Pension Fund. Failure to
make such monthly payments by the above mentioned dates shall constitute a

this Agreement. In the case of Employer's failure to make payments on the date set forth above,
the following liquidated damages shall be added to the amount due: five percent (5%) for any
portion of the first thirty (30) days and five percent (5%) additional for each succeeding thirty *
(30) day period or portion thereof, up to twenty-five percent (25%). Said aimounts have been

{QURSSEAT, 3; 3141-2) 19

Te0'd “OHI WHE 719) PTOE-1-BhY


‘ebrated any day before or after the holiday Sunday, such days shall
he contidered as the holiday wed paid for as wich,

Saction 5. Payout of Unused Personal Days

Personal holidays not used by March 31st of cach contract year
shall be paid by April 15th at the heurly maiz im exinence on March
Fist.

Seniority employees who have worked less than ninety (99) days in
the contract year shall receive eaused paid days as follows:

WO days worked idy
60 days worked 2days
90 days oF more worked Sdays

ARTICLE 58 - HEALTH, WELFARE & PENSION

Section 1.

(a) The Health, Welfere and Pension contributions shall be
imoreased as follows:

$40.00 per week ($1.00 per hour)

340.00 per week ($1.00 per hour)
Effective WL2010 $40.00 per week ($1.00 per hour)
Hiflective A/L/2011 $40.00 per week ($1.00 per hour)
Effective R/I2012 $40.00 per week ($1.00 per hour)

(b) Tee Employer hereby agrees to contribute to the i
health, welfare and pension feds for those Local Unions in the
Jotisdicsion of Teamsters Joint Council No. 16 nad Teamsters Joint
Council No. 73, the following amount per hour in accordance with
the provisions outlined in Schedule “BTM attached to thes Agetement
and by reference made a par thereto:

Eifective A/L2008 $13.05
Effective W/L2009 $14.705
Effective #12010 S15.705
Effective 1/2011 516.707
Effective #12012 si705

In the jurisdiction of Local Unions 478 and 701, the Employer here-
Local

and by reference made 4 part hereto:

Elfecaive 6/1/2008
‘Effective B/1/2009
Effecsive B/1/2010 51,00 per hor
Effective 8/1/2011 $1.00 per howr
Effective B/2012 ‘$1.00 per hour

Effective August 1, 2008, the Supplenmntal Nogotiniing
Commimees shall allocete $00.00 per week or its equivalent
benwren the Pension ind Health & Welftre Funds included within
the area of the Joint National Mester Commimer. Effective August
1, 2009, he Supplement Negotiating Comminses shall allocaie
$40.00 per week or its equivalem between Pension and Health d&
‘Welfue Fonds included within the asea af the Joins Nasonal Maaner
Committes. Effective Avgust |, 2010, the Supplemental Negotiat-
ing Commmitices shall allocate $40.00 per week or its equivalent
between Pention and Heakh & Welfare Funds included within the
‘ares of the Joint Naticasl Master Commimes. Effective August 1,
2011, the Supplemental Negotiating Commitecs shall allocate
$40.00 per week or its equivalent berween Pension and Mealth a
‘Welfwe Pends included within the area of the Joliet Nasional Musser
Comenittee. Effective Augest 1, 2012. the Supplemental Nogotist-
ing Committees shall allocate $40.00 per week or itn equivalent
between Peasion and Heald & Welface Punds included within the
ares of the Joint National Master Committee. The Committers shall,
in those Sepplemenial Agreements which include one Pensiou Fund
and multiple Health de Welfare Funds, first allocate that portion, if
any, of such imcreases per week or thein equivalem which is to be
applied to the Pension Fund, subject to the approval of the Joint
Nadoast Master Comeninas, Tha aenaieing amcust, if mt cal ba
uniformly applied wo each of the Heabh d& Welfare Pus

Disputes or questions of interpretation concerning the requirentect
ta make contributions on behalf of particular employees or clectifi-

23-