7515 %09/

proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and al) 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 im the United States District
Court for the Northem District of New York. 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 OF tribunal specified herein
we owe

This Participation Agreement shall become effective as of the date of execution hereof and the payments above
cued shall be payable from and after 2420132\"l'4ind expire on 280017 2" This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Vv
Effective date of collective bargaining agreement February 4, 2013

Expiration date of collective bargaining agreement February ie 2017

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
‘Union are signatory to a current Participation Agreement.

13. ‘This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their

agua Dene Hagh falls CperatingCo LC
LocaL unions 118 EMPLOYER: Gbnesee Brewing Co.
Appress: 130 Metro Park ApprEss: 495 St Paul Street

Rochester, NY 14623 Rochester, NY 14605

Redacted by the U.S. Department of the Treasury

SIGNATURE: _
PRINT NAME: Paul Markwitz PRINT NAME: William Neilson
PRINT TITLE; Business Agent PRINT TITLE; Vice President HR
DATE: 11443 — DATE:

Redacted by the U.S.
NEW YORK STATE PEyereuem uremic etiy

151 NORTHERN CO!
MAILING ADDRESS

PENSION AND RETIREMENT FUND
13212
SE, NEW YORK 13221- 49;

SIGNATURE: DATE: 24

REV. 1/2012


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. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venve shall be transferred to the appropriate court or tribunal specified herein
wer wer

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 2229 21 “and expire on 28307 3//4’’This agreement shall continue in full
force and effect for the same tenn as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for cach subsequent collective bargaining agreement.

if
Effective date of collective bargaining agreement February 4, 2013
lea

agreement February, 2017

Expiration date of collective bargaimng

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement

13, This Participation Agreement represents the entire agreement anid understanding of the parties and supersedes all
prior or confemporaneous agreements or understandings, whether oral or wnitten. As such, this Participation
Agreement may not be modified except by a writing signed by all parties

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their
signatures below.

LOCAL UNION# 118 EMPLOYER: High Falls Operating Co., LLC

ADDRESS; 130 Metro Park ADDRESS; 455 St. Paul Street

ochester N 46
Redacted by the U.S. Department of the Treasury

SIGNATURE:

PRINT NAME: Paul Markwitz PRINT NAME: William Neilson
PRINT TITLE: Business Agent PRINT TITLE; Vice President HR
DATE. vals | 13 DATE: 13/ J201*

NEW YORK STATE TI Redacted by the U.S.
151 NORTHERN CON jaageieliaaamaadad
MAILING ADDRESS:

INCE PENSION AND RETIREMENT FUND
NY 13212
ACUSE, NEW YORK 13221-4928

SIGNATURE: DATE:

REV. 1/2012


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATI REEMENT

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Unton (hereinafter “Untion”) and Employer:
{9 the basis for participation it the New York State Teamsters Conference Pension & Retirement Fustd (hereinafter “Fundt").
‘The Employer, it participating employees, and the Union, is a condition of participation in this Fund, are bound by this
Participation Agreement, the Trust Agreement, Plan documents and all of the niles and regulations of the Pund now and/or
hereafter adopted by the Board of Trustees,

(b) The Employer and Union understand and agree that the Fund contributions whall be wade, as set forth herein, on all
employees doing bargaining unit work, irrespective of whether sald employees are full-lime, part-time, casudl of seasonal,
except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this nile oF any other
tule or provision of this Parjicipation Agreement.

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

HP Hood LLC - Veron Transportation #4420

Covered Group of Employces (Define)

60 Month 60 Month DB
Rehabilitation Death (8.05 If Total
Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly

Default | Yes Effective ououzo1s aa ans tsa28
Schedule A No [#) | Effective sumcn1 anmas arog 167 t8
Schedule B Effective suexaow 4sins Ane? ar
Schedule C | Effective

Schedule D Effective

Schedule & H Effective

Schedule G Effective

Contract Type: = CC) ups (C1 Freight-National OConstmetion [] Municipet  [) Other

Covered Employees; Bargaining ==) Non-Bargaining

Coniributions begin on all employees from the frst hour of the first day of emplayment.

Formulit for Road Drivers Contributions: Total miles driven ina tour of diy divided by 25 miles per hour equals hours
per trip,

(d) All such payments lo be made to the Fund are to be received by the Fund office on or before the tenth (100h) 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 duc,

2, Failure on the part of the Employer to timely contributeon any of its employees as specified herein shall make the Employer
Hable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund
for the Pund'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 delinquemt 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 10 the Board of Trustees, whase 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, a the Fund's sole discretion, shall cease to
participate in the Fund, and the Emplayer stall be responsible for all the benefits and all other charges specified herein,

3. ‘The Fund may, at any time, adil the payroll reoords of any and all employees of the Employer ata time mutually agreed

i
REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the widersigned Teamsters Local Union (hereinafter “UnionTM) and
Employes. is the basix for participation in the New York State Teamsters Conference Pension & Retirement Fund
(hereinafter “Fund"). The Employer, its paiticipating employees, and the Union, as # condition of purticipation in
this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now snd/or
hereafter adopted.

(b) The Employer aud Union iderstand and agree that the Fund contributions shall be made, as set forth herein,
on all employees doing bargamung wait work, irrespective of whether said emplayees are full-time, part-time, casual
or seasonal, except as is oflierwise provided herein. No agreement between the Employer and the Union shall alter
this rule of any other nile or provision of this Participation Agreement,

(c) The Employer agrees (6 contribeite as follows, not fo exceed the mimximum:

Covered Group of Employees (Define) Heavy 8 Hehnay Agreement -Onancaga Coot _

60 Month 60 Mouth DB.
Rehabilitation Death (8.05 it Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default yes () | Effective sua wa wi nows raid send
Schedule A No =) | Effective wine wa wi haw pale wae
Schedule B Effective ww G20 oi noes pale na
Schedule C Effective “wis oz hoon pald bo
Schedule D Effective
Schedule E Effective
Contract Type? [UPS (C) Fretplit-National (J Constvetion [)Mnnicipal Mi Other

Covered Employees: ( Bargaining (2) Nou-Bargaining

Contributions begin on al) eniplayees from the first hour of the first day of employment

Fornmls for Road Drivers Contnlutions; Total miles driven in » tour of daty divided by 25 miles per hour
equals hours per tip.

(d) All such payments to be mande to the Fund are fo be received by the Fund office on or before the tenth (1 0th)
day of the month followrmp the mauth i which said monies were accrued, except when otherwise agreed by the
Fuod, but pot to exceed by the end of the same month die.

2. Failure on the part of (he Employer to timely contribute on any of its euployess as specified hereto shall make the
nc ae ta yop Th ey apa: mem ea ge mere pee
reimbursement fo the Fund for the Fund's aftoreys’ fees, audilors' fees, colirt casts, disbursements and expenses
incurred by the Fund in recovering tbe above. In addition, the Employer nmsf pay all arrears dive 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 vot ia aay way relieve it from the obligations set forth above. In addition, when
the Employer is notified im writing by the Pood thet it is delinquent, the Employer umst immediately pay the


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 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 shail 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) _ #4418 1. P. W000, LUC (VERNON CULTURE! GPECIAL PRODUCTS) Darpelsing Group

60 Month 60MonthDB
Retabiiation (8.05 if Total
Rates of Contribution: Hourly tlected) Hourly Weekly

C] | Béfective ooisiaots 2sri2 arta 100.85
ite A bing Effective owtsvaot4 28316 2a8 113.28
Schedule B Effective OWmS2016 30014 ‘aera 1008
Schedule C Effective ‘Sasnove 3018 ES wae
Schedule D Effective
Schedule B Effective
Schedule G Effective
Contract Type: [J] UPS (C0 Freight-National (Construction [Municipal [Mi] Other
Covered Employees: [ill] Bargaining (C1 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.

(@) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
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

1


YH 18

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 Northen District of New York. It is specifically agreed that ary 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 peyments above
provided shall be payable from and after 03492013 and expire on 12312013 __ This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 03/15/2013

Expiration date of collective bargaining agreement 12/31/2016

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union ere signatory to a current Participation Agreement.

13, This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporineous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing signed by all partiés,

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their
signatures below.

LOCAL uniona 182 EMPLOYER: H P Hood, LLG
Vemon Culture / Spacial Products

ADDRESS; 110 Lomond Court ADpDREss: 93 Pennsylvania Ave

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

SIGNATURKY : _
PRINT NAME: Albert Van Hoven PRINT NAME: Kéren Bolcavag Leotosi
PRINT TITLE: Secretary-Treasurer/B.A. PRINT TITLE: St Direofor of Humar-Resources Sfalid Uy rites

DATE; November 1, 2013 ZZ)

Redacted by the U.S.
Department of the
NEW YORK STATE TEARES E PENSION AND RETIREMENT FUND
151 NORTHERN CONCO 13212
MAILING ADDRESS: USE, NEW YORK 13221-4928

DATE: ae WE

SIGNATURE: DATE: Y, (f

EXECUTIVE ADMINISTRATOR
REV. 11/2012


1515 09}

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTI ON AGREEMEN

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “UnionTM) 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 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)
os Month 60 Month DB
Rehabilitation wh ($.0S if Total

Schedule Fort Rates of Contribution: ® Hourly elected) Hourly Weekly
Default OC} Yes (] | Effective sents ajifes 104 na 186 7380
ScheduleA [] | No [Ml] | Effective 200M 2fojfy 2er7,97 irq. Ber it-to
ScheduleB (] Effective 240 2. 27 2.4 na a 2. GM Ft-40
Schedule C A Effective 24oe 2/#//b 235 2.78 ha 242.33 BM Fa.70
Schedule D Effective Lear Ware
ScheduleE [a] Effective @

Contract Type:  (_) UPS (CO Freight-National (Construction []Municipal —[] Other
Covered Employees: [) Bargaining ( 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 tp.

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
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 attomeys’ 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


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. 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 above
provided shall be payable from and after 7/113 and expire on 0620/16 -This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for cach subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 07/1/13

Expiration date of collective bargaining agreement 06/30/16

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all

prior or contemporancous agreements or understandings, whether oral or written, As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their
signatures below.

LOCAL UNION# 317 EMPLOYER: Heavy & Highway Agreement

Southem Tier
ADpREss: 566 Spencer Street appress: 1819 NY Route 13

Syracuse, NY 13204 Cortland, NY 13045
Redacted by the U.S. Department of the Treasury

SIGNATURH
a.

PRINT NAME; Duane E. Wright PRINT NAME: Steve Com}

PRINT TITLE; Vice-President PRINT TITLE:_Vvesicten
DATE:__ ) DATE:_ une 10, 21s

Redacted by the U.S.
Department of the Treasury

NEW YORK STATE SNSION AND RETIREMENT FUND
151 NORTHERN CON 212
MAILING ADDRESS: E, NEW YORK 13221-4928

SIGNATURE: DATE:

REV, 5/2010

ww


proceedings, all such arbitrations shall be imitiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all bearings 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 im the United States District
Court for the Northern District of New York. 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 bereof and the payments above
provided shall be payable from and after 4/2013 and expire on 3002038 _—s This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed aud subuuitted for each subsequent collective bargaining agreement

Effective date of collective bargaining agreement 4/1/2013

Expiration date of collective bargaining agreement 3/30/2016

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties aud supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing sigued by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their
signatures below.

Loca union# 317 EMPLOYER; Heavy & Highway Agreement
Onondaga County
appress: 566 Spencer Street AppREss: 1819 NY Route 13

Syracuse, NY 13204

SIGNATURE,

PRINT NAME; Duane E. Wright
PRINT TITLE: Vice-President

DATE:
“)
Redacted by the U.S
NEW YORK STATE TEAMBE Ete § uty DN AND RETIREMENT FUND

151 NORTHERN CONCO!

MAILING ADDRESS: P, YORK 13221-4928

SIGNATURE: DATE: 4li{Z

EXECUTIVE ADMINISTRATOR

REV, 1/2012


delinquent amount to the Fund, Afier 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 nies of the Fund, the Employer and all ity participating employees, of the Fund's sole discretion, shall cease to
pasticipale in ihe Fund, and the Exoployer shall be responsible for all the benefits and all other charges specified
herein,

3, The Fuwd may, al any time, audit the payroll recards of any and all ewployees of the Employer at « time mutually
agreed upon al no exira charge to the Employer. In the event it is found that the Employer bes not fully complied
with the Prod roles and/or provisions of this Participation Agreement, fhe Employer shall pay the fill cost of the
audit (hat lms been performed by the Fimd. In addition, the Employer shall be respousible as set forth in tis
Participation Agreement and the Pund's rules, regulatious und/or collection policies:

4, The Fund shall be open (o participation by any group of niembers belongmy to 4 participating Union that fully
complies with all rules and rewulstions of the Fund, In addition, the Employer way contribute to the Fund for
employees working outside the junsdiction of the collective bargaining agreement w the amount indicated above.
However, if these employees awe included, the Employer ngsees to make coutmbutions oo al) employees im this
category subject to the same conditions and ov the same basis as ts provided in this Participation Agreemunt, and the
Employer also agrees to continue to make contributions on all these employees for as long as there shall be =
collective bargauming agreement between the Eusployer and the Union, subject to any and all rules and regulations or
decisions covering this group that are issved by the Fund, The Employer oyust request im writmg snd receive written
approval from the Fund im 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 thiy Participation Agreement be declared to be in violation of the Labor-
Management Relations Act of 1947, as ainended, or any other State or Federal statute or regulation, such declaration
hall in no way unpair the effectiveness of coutumuty of the rest of the provisions of (his Pasticipation Agreement and
anch provisions are hereby expressly declared to be saved from such illegality.

6. Payments to the Fund oust be made by (he Employer fer all compeusable vacation and holiday time up to a
maximum of one full calendar year,

7. fan employee is granted s leave of absence, the Employer shall collect from said employee, poor to the leave of
absence being effective, sufficient monies to pay the required contibutioas dunng the period of absence and such
wonies shall thereafter be promptly forwarded to the Fund i accordance with the rules of the Fund. In the event the
Employer grants a leave and does not so comply, the Ewployer must pay the contributions subject to all other
requirements in paragraph 2 herein.

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

9, [fa regular employee is absent because of illness cr pff-tbe-job inyery snd wotifies the Employer of such absence,
the Employer shall continwe to-make the required contributions for aperiod of four (4) weeks- if aregutar- employee

mped on Be ib, te Espo contime to pay the required-contrilmtions until such employeeretunte
, such contr! sot be paid-fore petiodnfmoretign  _ weeks

10. All actions and proceedings cominenced or mittated by any claimant, applicant, employee, participant, the Union
or the Ewployer, or their agents, successors or assigns, against the Fund, the Trusttes thereof or any exyployee,
service provider, representative or agent (hereof, and all actions aud proceedinus commenced by or ou 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 appropridte court ia the County of Onondaga, New York or other applicable
tribnoal located therem except where otherwise provided herein. In regard to withdrawal liability arbitration

2


delinqnent amount to the Fund. Afler said payment, the Employer my appeal te Fund's decison to the Bonrd of
Trustees, whose decision shall be final and bring, 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
partiopale in (he Pund, and the Employer shall be responsible for all the benefi(y aud all other charges specified
herein.

3. The Fund may, af any time, audit the payroll records of wny and all employees of (he Employer at a time putually
agreed upon al no extra charge to th: Fxoployer, In the event it is found that the Employer has not fully complied
with ie Pund rules and/or provisions of this Participation Agreement, the Employer shal! pay the fill cost of the
audit that lias been performed by the Fund. {nm addition, the Employer shall be responsible as set forth in this
Pyrficipation Ayreement and the Fund's mules, regulations and/or collection palecies.

4. The fund shall be open to participation by any group of members belonging to a participating Union that fully
complics with all rules und regulations of the Fund, In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaming agreement in the amount indicated ahove
However, if these employees are included, the Employer agrees to make contntations on all employees in this
category subject to the same conditions aud on the same basis as is provided in this Participation Agseemenit, and the
Himployer also agrees (0 continue te aiake contritadions on all these employees for as long as there shall be 4
collective bargaining agreement between the Employer and the Union, subject (0 any aud wf! rules and regulations or
dveisions covering this group that are issued by the Pund. CNS ee Sane Wong ene tre ees
approval from the Fund in order to have these non-covered employees included, Sneh request must specifically
define the category or catcpones involved

5, Should any of the provisions of this Participation Agreement be declared to be m violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, stich declaration
shall in no way fnparr the effectiveness or continusty of the rest of the provisions of this Participation Aureement and
such proyisions are hereby expressly declared to be saved from such illegality,

6, Payments to the Fund must be made by tbe Employer for all compensable vacation aud boliday time wp to a
maximum of one full calendar year.

7. [fan employee is granted u lenve of absence, the Employer shall collect from said employee, prior o the leave of
absence being effective, sufficient monies to pay the required contributions dering, the period of absence and such
tontes shall thereafter be promptly forwarded to the Pund in accordance with the rules of the Pynd, iy the event tia

Epleyer' rants 1 leave: maul dost: eat ac coxnply, the le soust pay the contritutions subject to all other
2 herein. v] Letee’
requirements i paragraph casement cote.)

8. The Employer agrees to finish such information as may be necessary to enable the Fund to carry oul its

pre l(a) Ware
9, Ufa regular employee is absent because of illuess or off-the-job injury and not}fies the Employer of such absence,
the Exuployer shall contrmue }o make the required contribntions for a penod of weeks, Ifa regular employee
Js injured on Ove job, the Employer shall continue to pay the required contributions until such employee retumns 10
work. However, such confibutions shall aot be paid for a period of move than @ weeks.

10. All actions and proceedings commenced or initisted by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors o assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent (hereof, and all actions and proceedings comunenced by ot on behalf of saad
Trastees against any chaimant, applicant, employee, participant, the Union or the Earployer pertaming to the Fund in
any inanner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwiwe provided herein, In regard to withdrawal liability asbitrabon

?


‘Trustees, whose decision shall be final and binding, tm 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 tines, 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 belongmg to a participating Union that fully
complies with all rules snd regulations of the Fund, [In addition, the Employer may contribute to the Fund for

working outside the jurisdiction of the collective bargaining agreement in the amount indicated ubvye.
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 sume basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributions on all thes¢ employees for as long as there shall be «
collective bargaining agreement between the Employer and the Union, subject to anty and all rules and regulations or
decisions covering this group that are issued by the Fund. The Employer must request in writing and recelve 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 |.abor-
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 art 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
maximus of one fill] calendar year,

7. Ifan employee is granted a leave of absence, the Employer shall cullect from sald employee, prior ip 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 2 leave and docs nol so comply, the Employer must pay the contributions subject to all other
tequirements 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.
fs regular employee is absent because of illness

9. | i
is injured on the job;-the-Employer stall continue ts pay the required contrifutions tntit suc employee-returnsto
work, However, such contributions shall not-be-psid-for-# period-of more thun— —_-weeks,

10. Aj) 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, epplicant, 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

z


Upon at hoe extra charge (o the Employer. In the event it Is found that the Employer has not fully complied with the Pund rulew
and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by
the Fund_ I addition, ihe Employer shall be responsible as set forth in this Partivipation Agreement and the Fund's rules,
regulations and/or collection policies,

4. The Fund shal! be open to participation by any group of members belonging to a participating Union that fully complies with
oll 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 10 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 tong 2s there shall be @ collective bargaining agreement between the Employer and the Union, subject to any
‘and all rales and regulations or decisions covering this group that are issted by the Fund, The Employer must request in writing
dind receive written approval from the Find in order to have these non-covered employees included, Snel request mast
specifically define the category or categories Involved.

5. Should any of the provisions af this Participation Agreement be declared to be in violation of the Labor-Management
Relations Act af 1947, as amended, or any other State or Federal statute of regulation. stich declaration shall in no way impair
the effectiveness or continulty of the rest of the provisions af this Participation Agreement and such provisions are hereby
expressly declared fo 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. Fan employee is granted a feave of absence, the Employer shall collect from said employee, prior to the jeave af absence
being effective, sufficient monies to pay the required contributions during the period of alsence and such imories shall
thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. tn (he event the Employer grants a leave
and does not 40 comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein,

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

9, Ma regular employee ix 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
peiticidhedlprs meacpe ops tear gain dal aid a such
contributions shall not be paid for a period of more than _S? __

10, All actions and proceedings commenced or initiated by any claimant. applicant, employee, participant, the Union or the
Employer, of their agents, successors or assigns, against the Fund, the Trustees thereof or any eniployee, service provider,
tepresentatlve or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employee, participant, the Union o the Employer pertaining w the Fund in any manner, stall be brought in
the appropriate court in the pred of Onondaga, New York or other applicable tribunal located therein except where otherwise
provided herein. In regard to wit liability artitration proceedings, all such arblirations shall be initiated (i the Beston,
Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted in Syrncuse, New York. in regard (o federal district court actions, all suct actions shall be commenced and heand in
the United States District Court for the Northem District of New York The Fund stiall mot be subject to any
grievance/arbitration procedure set forth in any collective bargaining agreement. 1! is specifically agreed that any action or
proceeding commenced of initiated ip any other jurisdiction or venue shall be transferred (o the appropriate court or tribunal
specified herein.

11, This Participation Agreement shal) become effective as of the date of execullon hereof and the payments provided
hereinabove shall be payable from and ater Hanvary 1.2015 and continue until expiration of the collective bargaining

agreement on [December 31, 2017 subject, however, t6 the discretion of the Trustees, Afler expiration of the collective
bargaining agreement, this Participation Agreement shal) 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 retum receipt requested of lis intent to terminate participation because | no longer has an obligation tw

2

REV. 201407


14 #1, 3909, ¥470, ¥971

Proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all bearings and related proceedings shall be conducted in Syracuse, New York In
regard ta féderal district court actions, all such actions shall be commenced and heard in the United States District
Court for the Northem District of New York. It is specifically agreed that amy action or proceeding commenced or
initiated in any other jurisdiction or venue shall be transferred to the appropnate court of tribunal specified herein.

11, This Participation Agreement shall become effective as of the date of execution hereof and the payments shove
provided shall be payable from and after 512014 andexpireon 42020:7 This agreement shal] continue in full
force and effect for the same term as the collective bargaining agreement. A mew Participation Agreement must be
signed and submited for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 5/1/2014

Expiration date of collective bargaining agreement 04/30/2017

12. The Euoployer aod its employees shall not be eatitled to participate in dis Fund unless the Employer and the
‘Unien are signatory to a current Participation Agreement,

13, This Participation Agreement represents the entire agreement and understunding of the parties end supersedes all
pror of contemporaneous agreements or understandings, whether oral or written. As much, this Participation
Agreement may not be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by gach of their
signatures below.

LOCAL UNIONy 118 EMPLOYER: Hanson Aggregates New York LLC
Pavillon, Clarendon & Medina Plants
ADDRESS: 130 Metro Park AbprEss; 1544 Oakland Avenue

Indiana, P.

PRINT NAME; Christopher P. Toole PRINT NAME-R. Jeff arey
PRINT TTrLe: Secretary-Treasurer Print Tre: Labor Relations Manager

DATE: Dhinlly¢ | pate:_ 3° [y¢4

Redacted by the U.S
Department of the

PENSION AND RETIREMENT FUND
15] NORTHERN CONC) 13212
MAILING ADDRESS: USE, NEW YORK 13221-4928

SIGNATURE: DATE:

REV. 1/2012



THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1, (u) This Participation Agreement, executed by the undersigned Teamsters Local Union (heremafier “Uniow") and
Etwployer, is the basis for participation im the New York State Teamsters Conference Peusion & Retirement Fund
ee “Fund”), The Employer, its participating employees, and the Union, as # condition of partiexpation m

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 wodersiand and agree that the Fund contributions shall be made, as set forth herein,
on all employees doing bargaining wit work, irrespective of whether said employees are full-time, part-titne, casual
or seasonal, except as ts otherwise provided herein. No agreement between the Employer and the Union shnll alter
tos nile or any other rule or provision of this Participation Agreement.

(c) The Eusployer agrees 10 contribute as follows, not to exceed the maxinumn:

Covered Group of Employees (Define) 196} Faits OFERAT@IGXeresre Uewery Paummers Looe 15

60 Month DB
(8,05 tf Total
chet Hour!

Rates of Contnbution: Houti)

wor

Default im) Effective seem 2/a/is 100 BO an sebue
ScheduleA = [") Effective ato oj yy wr 377 “ ole eo
Sehedhile B Effective see 3/p/rs am na au ver 20
Schedule C 5 Effective 2ikcoe s/s/e 4a ) crt) Wan
Schedule D Effective

SchedwleE =] Effective

Contract Type = [UPS (C Freight-National (i Constriction [] Municipal — (] Other

Covered Employees; [@) Bargaining ( Non-Bargaming

Contributions bezin on all exsployees from the first hour of the first day of employment

Fortula for Road Drivers Contrilitions: Total miles driven in a tour of duty diyided by 25 oiiles per hour
eqnals hours per trip.

(d) All such paynuents to be aiade to the Fund are to be received by the Fund office on or before the tenth (LO)
day of the nwnth followmy the month ot which said monies were acenved, except when otherwise agreed by the
Fund, bul not lo exceed by the end of the same month due.

2. Failure on the part of the Euyployer to timely coutribute ou any of its enployees as specified hereit shall wake the
Employer linble for all cemployee benefit clains whieh are incurred duning the penod of delinquency, daniages,
rennbisenient to the Fund for the Fund's attomeys' 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 itu the sum of teu percent (10%) of the delinquent amount. The late payment of aay
delinquency by the Employer shall not in any way relieve it front the obligations set forth above, In additron, when
the Employer i notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


$9939

Jan 14 2006 00:5 PO
2016-01-14 15:50 CONSTRUCTION 2026248107 >> eats
Henkels” MeLoy.
PIPELINE (HOURLY) RATES
NEW YORK - ZONE 11 (Locals 118 & 317
214 7AN4-6/IS 6/1/15-5/30/16 |

GROUP 1 $2737 $27.06 $28.56
GROUP2 $26.82 $26.51 $28.01
GROUP3 $26.55 $26.24 $27.74
H&W = $11.08 ~— $11.08 $11.08
PENSION $5.24 $5.55 $5.55
PLTRAIN $25 $25 $.25
LMCT $20 $.20 5.20

PREMIUMS (National)

Steward +8225

Stringing Truck 482.25

Hazmat +$1.00

Mechanic +$2.25

Lowboy 4+$2.25

Fact Truck 42,25

NEW YORK ZONE 11 — COUNTIES (Locals)

Broome (317), Cayuga (317), Chenango (317), Delaware (317), *Genesee (118). Livingston
(118), Monroe (1 18), “Ontario (118/317), Orleans (118). Seneca (317), Tioga (317), Wayne
(118/317), Wyoming (118) and Yates (118)

*Genesee (Local 118) Alcxander, Batavia, Bergen, Bethany, Byron. Lfba, Leroy.
Onkfield, Pavilion & Stafford

* Ontario (Local 118): Farmington, Victor & West Bloomfield

“Onuio (Local 317): Bristol, Canadice, Canandaigua, East Bloomfield, Geneva,
Gorham, Hopewell, Manchester, Naples, Phelps, Richmond, Seneca and South Bristol

Updated 6/11/15



THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

|, (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, #s a condition of participation in
this Fund, are bound by this Participation Agreement and all of (he rules and regulations of the Fund naw 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
of seesonal, except as is otherwise provided heroin. No agreement between the Employer and the Union shall shter
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) Heavy8 Higtway Agormment Soutturn Tine

REHABILITATION

Rates of Contribution, Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective vows S737 ab he pat Ht Ups Default
Effective ovo Por nes pact FREIGHT — National Schedule A
Effective onouns $020 08 firs pat FREIGHT ~ Area Schedule B
Effective CONSTRUCTION Schedule C
Effective MUNICIPAL Schedule D
Effective OTHER Schedule E
Covered Employees: [) Burgaining (CD 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 (10th)
day of the month following the month in which said monies: were accrued, except when otherwise agreed by the
Fund, bat not to exceed by the end of the same mont due

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer Jishle for all employee benefit clainis which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund's attorneys’ fees, auditors’ fees, court casts, 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
delinqueney by the Employer shall not in any way relieve it from the obligations set forth above, Tn 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


the Employer ie notified in writing by the Fund that it is delinquent, the Employer must immediately pay the
delinquent amount to the Fund, After said paymont, the Employer may appeal the Fund's decision to the Board of

In the event of failure of the Employer to comply with any of
the cules 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 upecified

3. The Pund may, at any time, eudit the payroll records of eny and all omployees of the Employer at « time mutually
agread upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
Tas as ie een Serena 36 OE Petes Reponns Ga Ramen e oe 6 ee

Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Pund'¢ rilles, regulations and/or collevtion policies.

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all cules and regulations of the Fund. in addition, the Employer may contribute te the Fuad for
employees working otitside the jurisdiction of the collective bargaining agreement in the amount Indicated ubove.
However, if these employees are incleded, the Employer agrees to make contributions on all cmployces in this
category subject to the sume conditions and on the same basis as is provided in this Participation Agreement, and the
Employer uiso ugrees to continue to make contributions on all these employees for as long as there shal! be =
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 categoly or categories involved.

5. Should any of the provisions of this Partclpetion Agesement 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, sich deoluration
shall in no way impair the effectiveness ar cyntinuity of the rest of the provisions of this Participation Agreement and
such provisions ore hereby expressly declared fo be saved from such tlogality,

6, Payments to the Fund must be made by the Employer for all compensable veeation 2nd holiday time up to a
maximum of one full calendar year,

7, fan employee is granted a leave of absence, the Employer shal! collect from ssid employee, prior to the jeave of
absence being effective, sufficient monies to pay the required contributions during the period of ahzence and such
monies shall thereafter be prompuy forwarded to the Purd in sceordanee with the miles of the Fund. In the event the
Employer grants a lenye and does not so comply, the Employer must pay the cuntributions subject to all other
requirements in paregraph 2 herein.

8, The Employer agrees to furnish such information as may be necessary to ermble the Fund (o carry out its duties,

9, If w regular employee is absent because of illness or aff-the-job injury and notifies the Employer of such absence,
the Employer shal! continue to make the required contributions for a period of four (4) weeks. [fe regular employee
is injured on the job, tho Employer shal! continue to pay the required contributions until such employes 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 Unlon
of the Employer, or thelr agerits, successors or autigns, against the Fund, the Trustees thereof or any emplayee,
service provider, represtitative or agent therenf, and all sotions and proctedings commented by or on behalf of said
‘Trustees against any claimant, applicant, employee, participant, the Union or the Employor pertaining to the Pund in
eny manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable

2


TAG8

proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all bearings 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
Cott for the Northem District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venue shall be transfered to the appropriate court or tribunal specified herein.

11. This Participation Agreement shal! become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 0042055 _ and expire on 123:2017_This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement nyust be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 11/16/2014

Expiration date of collective bargaining agreement 11/15/2017

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or comlemporaneous agreements or understandings. whether oral or wmitten. As such, this Participation
Agreement! may sot be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by cach of their
signatures below

LOCAL unton# 118 EMPLOYER: Hanson Aggregates New York LLC
Phelps/Penn Yan
ADpRESS: 139 Metro Park aAppREss: _1544 Oakland Avenue

Rochester,

1462)
Redacted by the U.S. Department of the Treasury

SIGNATURE,

PRINT NAME: Christopher P. Toole
PRINT TITLE: Secretary-Treasurer_—,

PRINT TrrLe: Labor Relations Manager

pate:_ £24 Lif

151 NORTHERN 2

MAILING ADDREY NEW YORK 13221-4921

SIGNATURE:___| DATE ff q la Cc
EXE

REV. 1/2012


4554

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICI REEM

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 Pund, are bound by this Participation Agreement and all of the miles 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) Gt FAuts OPERATINGGenesce Brewery Sheet Metal Local 45

60 Month DB
(8.05 if

Total

Default i Effective aerem 2/i//)3 367 wiry 367 tsa
Schedule A (J Effective 2saee a//o/i¢ 297 3,7 C ue a
ScheduleB  (] Effective 22845 is 48 na a8 ver 20
ScheduleC [J Effective S#ecots ast 43 na 3 17720

Schedule D 5 Effective tut

Schedule E Effective

Contract Type: (Cups (7) Freight-National (Construction [J Municipal {=} Other

Covered Employees: [l] Bargaining  Non-Bargaining

Contnbutions 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 (10th)
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 attomeys' 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


V9 4

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. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venue shail be transferred to the appropriate court or tribunal specified herein,
wr nie

11, This Participation Agreement shall become effistive as of the date of ies hereof and the payments above
provided shall be payable from and after 22013 peeoons 2/1! and expire on 22077 aarezort {vt This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.
Lika

My
Effective date of collective bargaining agreement February-4, 2013
(2
February 3, 2017 *

Expiration date of collective bargaining agreement

12, The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their
sipnatures below.

LOCAL UNION# 118 EMPLOYER: High Falls Operating Co., LLC
ADDRESS: 130 Metro Park ApprREss; 455 St. Paul Street
Rochester, NY 14623 Rochester, NY 14605

U.S. Department of the Treasury

SIGNATURE

PRINT NAME: Paul Markwitz PRINT NAME: William Neilson
PRINT TITLE; Business Agent PRINT TITLE: Vice President HR
DATE; el DATE: fafit | 20>

NEW YORK STATE TEAMQSECE EIU SION AND RETIREMENT FUND
15] NORTHERN CONCOUHSS ECA 212
MAILING ADDRESS: P. (GSU hE, NEW YORK 13221-4928

DATE: ih —

SIGNATURE.

REV. 1/2012


delinquent aniount to the Fund. After said payment, the Employer way 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 auy of
the rues of the Fund, the Employer and all jis participating employees, af the Frud’s sole discretion, shall cease to
participate in the Fund, and the Exnployer sla)f be responsible foy alt Uke benefits and all other charges specified

3. The Fund may, a! any tune, audit the payroll records of any and all employees of the Employer at 2 time uiutually
agreed upon at no extra charge to the Employer. In the event it iy found that the Employer has not fully complivd
with the Fund niles aaW/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
udit that lias been performed by the Fund. Iu addition, the Employer shall be responsible ts set forty in thie
Participation Agreement and the Fund's rules, regulations and/or collection policies.

4 The Fad ell! be open fo participation by any group of members belouging to @ participating Winon that (ily
complies with all rules and regutnilons of the Fund, ty addition, the Employer may contribute to the Fund for
employees Working outside the jurisdiction of the collective bargaining agreciment in the amount inficated above
However, if (hese employves are ioduded, the Employer agrees fo make contnitavions oo all employees in this
category subject fo the nause conditions and on the sain¢ basas.as is provided in this Participation Agreement, and (ue
Employer also agrees 10 continue ty make contrutions ow all these employees: for as Joog as there shall be 9
collective bargaining agreement between the Employer and the Union, sobject to any and all mdes and segulatons of
devisions covering this group that are issued by the Fuod The Employer must request in writing and receive written
approval fram the Fhowi fu order to have these non-covered employees included Such request uma specifically
define the category or coteporics volved.

§, Should any of the provisions of this Participating Agreement be declared to be in yidlation of the Lalor-
Management Relations Act of 1947, 24 aniended, or any other State or Federal stattite or reguiation, snels deciunstion
‘stall i no Way impair the effectiveness orcontinuity of the rest of te provisions of this Pasticipation Agreement aud
such provisions are hereby expressly declared to be saved Bom tuch illegality,

4. Payments (o the Fund svuct be uate by the Employer for all compensable vacation an! holiday time up to a
masimum of one fill calendar year.

7. Ef an employee is granted a leave of uboence, ihe Employer shall collect foiw said employes, prior to the leave of
absence being effective, sufficient umes lo pay the reqawed contributions during the perimd af absence and such
monies shal! thereafter be promplly forwarded fo the Fuad w accordance with the rules of the Fund to the even! the
Employer grants 4 leave aud does wot 0 comply, (le Ewployer must pay the contributions subject to all othes
requiremeuts in paragraph 2 herein,

5. The Employer agrees to furnish suck infornmtion as may be necessary to cable the Fund to carry out its duties

10, All actions and proceedings comupented or initiated by any claimant, applicant, cmployee, participant, the Taion
pte Bom ig of their agents, successors ox tasigns, agwinst the Fund, the Trusters thereof of any employee,

provider, representative or agen! thereof, and all actions and proceedings commenced by or on behalf of said
Zones nla may claimant, applicant, employee, participant, the Uniow or the Cmployer pertaining to the Pund in
why manner, deal be brought in the appropriate court in the Coumy of Onendaga, New Yatk or other applicable
wivmanl located Merein except where otherwise provided herein. In regard to withdiawal Unbility arbitraGon

z


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 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, inespective 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) HANSON AGGREGATES Paps Penn Yan

60 Month 60 Moath DB
Rehabilitation Desth (8.05 if

Schedule Benefit__| Rates of Contribution: Hourly elected) Weekly
Default A Yes (1 | Effective ovens 545 hours pais
Schedule A No [ms] | Effective pees $0 ‘hour paid
Schedule [] Effective ouaiweir ie ‘towns pals
Schedule EJ Effective
Schedule [|] Effective
ScheduleE LJ Effective
Contract Type: [) UPS ( Freight-National Mi Construction [) Municipal [Omer
Covered Employees: (ll) Bargaining C1 Non-Borgaining

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 (10th)
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 duc.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer linble for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund's attomeys’ 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
delinqueacy by the Employer shall not in any way relieve it from the obligations set forth above, In addition, when
the Employer is votified in writing by the Fund that it is delinquent, the Employer mmust immediately pay the

1


delinquent amount to the Find Afler said payment, te Employer mmy oppeal the Fund's decision to the Boan! of
Trustees, whose decision shall be final and binding, In the event of failure of the Employer to comply with any of
the niles of the Fund, the Etuployer and all its participating employees, at the Fund's sole discretion, shall cease 10
pani in the Fund, and the Employer shall be responsible for all the benefite and all other charges specified
herein,

3. The Fund may, at any titne, audit the payroll records of auy and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it ts found (hat the Employer has not fully complied
with the Find rules and/or provisions of this Participation Agreement, the Employer shall pay the fill cost of the
andit 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 shail be open to participation by any group of members belonging to 9 participating Union that fully
complies with all rules aud regulations of the Fund. In addition, the Employer may contribute to the Pund for
employees working outside the juisdiction of the collective bargainmg agreement in the amount mdicated above.
However, if these employees are inchled, the Employer agrees to make contributions on all employees in this
catepory subject to the same conditions and on the sante 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 ms there shall be
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 m order to have these non-covered employees included, Such request must specifically
define the category or categories involved.

5. Shonld any of the provisions of this Participation Agreement be declared to be in violation of the Labor-
Mangement! Retations Act of 1947, a5 amended, or any otlier State or Federal statite or regulation, such declaration
sluafl uy no way tupair the effectiveness or continuity of the rest of the provisions of this Participation Ayreement and
such provisions are hereby expressly declared to be saved from sul! illegality.

6. Payments to the Fund aust be made by the Euyployer for all compensable vacation and holiday time up to 6
ouxinnan of owe full calendar year

7. [fan 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 dunng the period of absence and such
monies sli] (hereafter be promptly forwarded to the Fund in accordance with the mules of (he Fund, Tu the event the
Employer grants a leave anid does uot so comply, the Equployer, must pay the contributions anbject. to all other
Tequiremenits in paragraph 2 herein, Peres die ge fre rr a

eet BPH

8, The Employer agrees to fiumnish such information as may be necessary fo enable the pio pla

9. Ifa regular employee ys absent because of illness or off-the-job ngary and notifies the Employer of such absence,
the Exsployer shall continue fo make the required contributions for a period of weeks. [fa regular employee
is injured on the job, the Employer shall comtumue to pay the required contributions mati! synch employee retums (o
work However, such cowtributions aball not be paid for a period of more than & weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, particapant, the Union
or the Employer, or their auents, successors or assigns, againel ihe Fund, the Trustees thereof or ay employee,
service provider, representative or agent thereof, aud all actions and proceedings coumnenced by or on behalf of said
‘Trustees against any claimant, applicant, employee, participant, the Union of the Eoxployer pertaining to the Fund in
any Atanner, shall be browebt iv the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therem except where otherwise provided herein. In regard to withdrawal Lubility arbitration

2


delinquent amount to the Fand. After said payment, the Employer nay appeal die Fund's decision 16 the Board of
Trustees, whose decision shal) be final and binding. In the event of failure of the Employer to couply with any of
the miles of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cense to
particapale i the Fund, and the Employer shall be respansible for all the benefits and all other charges specitied
herein.

3. The Fund may, at auy time, adit the payroll recoris of any and all ewployees of the Etoployer at a tine nvinially
agieed wpon mt no extra charge to the Employer, In the event it is found that the Employer hns not filly complied
with the Fund niles and/or provisions of this Participation Agreement, the Easployer shall pay the full cost of the
audit (hat has been performed by te Fund, In addition, the Employer shall be responsible as set forth in this
Participation Agreement aud the Fund's rules, regulations and/or collection policies.

4. The Fund shall be open fo perticipation by sny group of members belonging to a participating Union that filly
complies with all nules and regulations of the Fund. In addition, the Employer may contribute to the Fund for
employees. working otitside the jurisdiction of the collective bargaining agreement im the amount indicated abave
However, if these employees are included, the Eunployer grees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided in thin Participation Agreement, and the
Employer alvo agrees to contin to make contributions on all these employees for ws lonw us there shall be a
collective bargaining agreement between the Eoyployer aud the Union, subject to any aud all niles and regulations or
degisions covenng tlus group thot are issued by the Fund The Employer ust request in writing aud receive written
approval from the Fund in order to have these non-covered employees inchided, Sweli request must specifically
define the category or categories involved.

5, Should any of the provisions of this Participation Agreement be declared to be in yiolation of the Labor-
Matigement Relations Act of 1947, as anended, or any other State or Federal stanute ov r¢gulation, such declaration
shall inno way wopair the effectiveness or continuity of the rest of the provistons of this Participation Agreement and
such provisions are hereby expressly declared to be saved frou aneh legality

6, Payments to the Fund inst be made by the Employer for all compensable vacation and holiday time up to a
maxim of one full calendar yenr,

7 Ifan employee js granted a leave of absence, the Employer shall collect from said employee, pnor to the leave of
absence being effective, sufficient monies to pay the required contributions during the peniod of absence and sich
monies shall thereafler be promptly forwarded to the Fund in accordance with the mules of the Fund. In the event the
Employer grants a eave and does not so comply, the Enyployer snust pay the confibutions subject to all other

r a
Yequisements in paragraph 2 hereit. Prana O73 Buti

8, Oe ee ae ee ee ee
Pere we

9, Ifa regular employee is absent because of illness or off-the-job mjtiry and the Employer of snch absence,

the Employer shall continue to make the required contributions fora period of weeks. Ifa regular employee

ts injured on the job, the Employer shall continue fo pay the reqmired contnbations wiht such employee retums lo

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

10, All actions and proceedings conunenced ot initiated by any elannaut, applicant, employee, participant, the Union
os the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent (hereo!, aud ull actions mmd proceedings coumnenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining 10 the Fund in
any pummer, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therem except where otherwise provided beret, In regard to withdrawal liability arbitration

Zz