DRAFT NO. 1
PARTICIPATION AGREEMENT  *

This agreement ("Participation Agreement") entered into
as of the 1st day of January, 1997, between the Local 805 I. B. of
T. ("Union") and the Board of Trustees ("Trustees") of the Local
805 Pension & Retirement Fund ("Fund") shall govern the
participation of all of the non-bargaining unit employees
("Employees") of the Union in the Fund.

1. {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

agreement to be bound, and to abide by all of the terms and .

conditions of the Local 805 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 of 1974
("ERISA") and the provisions of Section 502(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 to be made of the payroll,
wage, and other records in regard to 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 amended ("Code"), and other applicable
laws, policies, and rules and 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 to
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 or 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 (4) 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. HEALTH AND WELFARE -

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 TAR

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



03/84/2824 14:88 17186996408 LocaLeos PAGE 82
05/04/2014 11:43AK FAX 149739928125 Fox Rothschild LP (0002/0007

MEMORANDUM OF AGREEMENT

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

1, Duration: = February 1, 2014 — January 31, 2017.
2. Wages:
Effective upon retificotiun: $1,000—lump sum payment.
February 1,2015:; 24%
February 1,2016: 3%

Bifective: February 1,2014: $922
February 1,2015: $968
February 1, 2016: $1,016

Effective: February 1,2014: $350
February 1,2015: $370
Februnry 12016: 5390

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

5. Reception'st Position:
Open for Company's final declsion and discussions thereaficr.
6. Section 4:_ Shop Steward:

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

aX ion 5; Us jaion
‘The Unior. agrees to the Company's proposal #38.

un @


TEAMSTERS LOCAL 805 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

(herelnafter the “Employer”)

THIS AGREEMENT is made and entered Into by and between the Fund and the Employer
(together as "Partles"), by their duly authorized representatives.

WHEREAS, the Fund is a defined benefit pian governed by the Employee Retirement
Income Securlty 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 on behalf 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 herein
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:

4, The Employer agrees to make contributions to the Pension Fund on behalf of the
Employee effective March 1, 2015, 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 Employer agrees that
contributions and a remittance report are due tothe fund on or beforethe 10th day of

each month for the current month ("Due Date’).
2. The Employer agrees that this Agreement shall apply only to the Employee.
3. The Employer agrees to be bound by, and hereby assehts to, ali the te’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



Memorandum of Agreement

It is hereby stipulated and agreed to by and between Harold Levinson Associates, LLC and Local 810,
IBT, on August 30, 2017. The following provisions have been agreed to:

Length of Agreement: 5S years

Wages: Each employee will select one of the following options one time during
the term of the contract.

Each employee will be given one opportunity to select between: (A), (B) or (C) listed below:

A. Wage Increases: Year 1 (upon ratification) $0.30 per hour
Year 2 $0.30 per hour
Year 3 $0.25 per hour
Year 4 $0.25 per hour
Year 5 $0.25 per hour

Employees who choose the annual wage increase will receive the greater of the hourly
increase above or any federal or state wage increase that may exist in that year. Increase
will be retroactive to August 27, 2017.

B. Annual Bonus:

1* year* 2" year 3" year 4" year 5" year
Drivers $1,100 $1,000 $1,000 $1,000 $1,000
Salaried $1,100 $1,000 $1,000 $1,000 $1,000
Other Hourly | $850 $750 $750 $750 $750

Bonuses are available to employees on the payroll and who are eligible to vote for the ratification of
the contract.

*1* year contract effective date August 27, 2017

C. New rates:

Drivers Current ALL Other Current
Contract Hourly Contract
Year | $14.00 $12.50 $11.50 $10.25
Year 2 $14.50 $12.75 $11.75 $10.50
Year 3 $14.75 $13.00 $12.00 $10.75
Year 4 $15.00 $13.50 $12.25 $11.00
Year 5 $15.25 $12.50

9



NATIONAL MASTER
FREIGHT AGREEMENT

For The Period April 1, 2008
thru March 31, 2013

>



Appendix

Effective 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 Agreement, as follows:

$350.00/month


*LOCAL 818 FAX NO. ? 2122436769 Feb. 22 2016 @9:56AM P2

STIPULATION OF AGREEMENT
It ix Horeby: stipulated and to by aj rep THR Tobedud and LOCAL 818, 1BcT. ‘that the
Agha dated 04 alos ped on pa var remeln in full force arti Gffect With the faltawing
[. Length of Agreemant: Lyeurs Prom: Aprit 1, 2015 - Maroh 21, 2018
2,. General Increases: Effective 04/01/15. 25¢-er hour, per employes

Effective 04/91/16 25¢.per bese,
Effective O4O1(17 aeener hen rr omy eyes

3, Heath and Wolfare: Ebiettive 04/01/15 $430.00 00 per month, per ba
Effective Pah per manth, per pot
Effvotive.04 Oa bee per caonth, per enpl
5. Petygtort: Eifotive ht 04/0541 5497.44
sib

988
Pfr tap 7; $309.46

‘Thasbove agrésinentis subject 1 the. approval of, qnd signature af the Prestdant of'ocal 810, LB.T., and unti?
said slgaaturg.and usprovill ane Teoeived thls agreement Brot finafand-meay borejected by thit'Unlan. "

T&R TOBACCO
Redacted by the U.S.

Department of the Treasu

Redacted by the U.S. Department
lof the Treasury

Comumilfee:

Redacted by the U.S. Department of the
Treasury



By:

Donna Santoro, RS/Busines Agent Local 810
|
q i F
Date

The Union committee agrees to unanimously recommend to the bargaining unit, ratification of this
memorandum of agreement.

Committee: 4 /
Redacted by the U.S. Department of the Treasury



eo,
All employees involved in an accident while performing their job duties will be subject to post-accident
drug/alcohol testing. Employees will be subject to the terms of the Company Drug and Alcohol Policy.

Pi employee whose accident is a result of an unsafe work practice will be subject to progressive
iscipline.

All overtime will be offered on a rotation basis according to seniority. The employee who requests the
overtime must be able to perform all the essential functions of the overtime position. When an
employee works overtime or refuses to work, they will move down on the list allowing the next person

7 seniority to be offered the overtime. If an employee is sick, they will not lose their position on the
ist.

If the company chooses to open on a holiday and offers overtime employees who work will be paid at
1.5x the hourly rate for hours worked.

Vacation selection will be based on seniority. The most senior staff in each department will select two
weeks of their accrual. Additional accrual will be made on a first come first serve basis after the less
senior staff has an opportunity to pick their first week or weeks of vacation.

When an employee is out of work the company will not contribute for benefits until the employee
returns to work. If an employee cannot return within 6 months, their employment will be terminated.

Annual driver’s license checks will be conducted for any employee who is required to drive as a part of
their regular job duties. In addition, ongoing reviews will be conducted. If an employee does not have a
valid driver’s license they will be suspended pending renewal of their license. If the license cannot be
reinstated within three months their employment will be terminated. If the employee is qualified and
can perform the functions of another position, that is currently open and not filled by another employee
and that does not require a valid license, the employee may be able to perform that position and assume
the hours, pay rate and work schedule of that position.

Employees hired after the ratification of the contract will accrue vacation and other time off based on
current year. Employees will earn vacation time on a prorated basis.

The company agrees to translate the contract into Spanish once it has been finalized and ratified.
The company agrees to incorporate “sales” into the contract where applicable.

The company will not pay employees for unused sick or personal time. Sick and personal time must be
used in the year it is accrued.

The Employer agrees to contribute a monthly rate to the pension in accordance with the Rehabilitation
Plan Update as of November 30, 2016. Specifically, there will be no increase in the monthly pension
contribution rate (frozen as of April 1, 2017 at $309.46), unless and until the Plan successfully is
approved for and implements a Suspension and Partition pursuant to MPRA. Ifa Suspension and
Partition is approved and implemented, the rate of monthly pension contribution rate will increase a
maximum of 3% on the following April 1, 2018 and annually thereafter while the Plan remains solvent.

The above agreement is subject to the approval of and signature of both parties. Until signature and
approval is received, this agreement is not final and may be rejected by either party. BD

#5



ee

Welfare:

Employee Contribution

Year |

Employees currently

not contributing

Current employees
Employees not on plan
Or hired after ratification

Year 2

Employees currently

not contributing

Current employees
Employees not on plan
Or hired after ratification

Year 3

Employees currently

not contributing

Current employees
Employees not on plan
Or hired after ratification

Year 4

Employees currently

not contributing

Current employees
Employees not on plan
Or hired after ratification

Year 5

Employees currently

not contributing

Current employees
Employees not on plan
Or hired after ratification

monthly

$0
$85

$150

$0
$85

$150

$0
$85

$150

$0
$85

$150

$0
$85

$150

Employer Contribution
monthly

$520
$435

$370

$520
$435

$370

$530
$445

$380

$540
$455

$390

$550
$465

$400

Part-time employee ratio will be 30% during the year and 40% Memorial Day through Labor Day. Part-
time employees working 1400 hours annually or less will not be eligible for benefits.

Holidays, personal days and sick days will count toward hours worked to calculate overtime.
Employees hired after 8/27/17 or still in the probationary period or not eligible to vote will receive
overtime based on hours worked in accordance with federal and state labor laws and will not include
vacation, sick, personal or holiday hours.

All employees will receive 7 holidays per year. MLK day will be a working holiday paid at straight

time.

CS ay


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