THE NEVv YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

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

hereafter adopted by the Board ofTmstees. 

(b) The Employer and Union understand and agree thnt 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 Pmticipation Agreement. 

(c) The Employer agrees to contribute as lollows. not to exceed the mnximum: 

Linde Gas LLC - Distribution #1464 

Covered Group or Employees (Deline)------- - -------------------

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benelit Rates of Contribution: Hourlv elected Houri ' Weekly 

Default 0 Yes 0 Effective 07101/201S 381?2 3 8122 IS2.49 

Schedule A 0 No (!] Effective 07/0112016 4,0600 4.0600 IG2.40 

Schedule B (!] Effective 07/0112017 4.3239 4.3239 172.96 

----- Schedule C 0 Effective 07/0112016 4.GOSO 4.6050 164.20 

ScheduleD 0 Effective 07/0112019 4.9043 4.9043 196.17 

Schedule E 0 Efli:ctivc 

Schedule G 0 Ellcctivc 

Contrnct Type: OUPS 0 f-reight-National 0 Construction 0 Municipal 0 Other 

Covered Employees: [!] Bargaining 0 Non-Bargaining 

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

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

per trip. 

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

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

by the end of the same month due. 

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

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

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

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

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

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

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

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

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

participate in the Fund. and the Employer shall bl! responsible lor all the benelits and all other charges specified herein. 

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

I 

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

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

the Fund. In addi tion, the Employer shnll be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

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

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

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

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

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

employees for ns long as there shall be a collective lmrgaining ngrcement between the Employer and the Union, subject to any 

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

and receive written approval !rom the f-und in order to have these non-covered employees included. Such request must 

specifically de line the category or categories involved. 

5. Should any of the provisions of this Participation 1\~recmcnt be declared to be in violation of the Labor-Management 

Relations 1\ct of 1947. as amended. or any other State or Federal statute or regulation. such declamtion shall in no way impair 

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

expressly declared to be saved from such illegality. 

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

one full calendnr year. 

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

being effective, suflicicnt monies to pay the required contributions during the period of absence nnd such monies shall 

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

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

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

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

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

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

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

I 0. /\II actions ami proceedings commenced or initiated by any claim<:~nt. 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. 

rcpresent<:~tive or agent thereof. and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicant. employee. participant. the Union or the Employer pertaining to the rund 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 mbitration proceedings, all such arbitrations shall be initiated in the Boston. 

Massachusetts regional otlice or 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 nctions shall be commenced and heard in 

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

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specilically ngreed that nny nction or 

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

specified herein. 

II. This Par1icipation 1\g.recmcnt shnll become e!Tective as of the date of execution hereof and the payments provided 

hereinnbove shall be a able from and after 1°710112015 and continue until expiration of the collective bargaining 

agreement on 

°710112020 subject. however. to the discretion of the Trustees. Aficr expiration of the collective 

bargaining agreement. this Participation Agreement shall continue in full force and ertect 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 lcnst sixty (60) days advance wriHen notice 

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

2 

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

Treasury

Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the 

Treasury
.· 

THE NE\V YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

J>ARTICIPATION AGREEMENT 

I. (a) This Pnnicipation Agreement executed by the undersignL><I Teamsters Local Union (hercinaOer "Union") and Employer. 

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

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

Pt~rticipation Agreement. the Trust Agreement. Plan documents and all of the rules and regulations of the Fund now and/or 

hereaf1er adopted by the Board or Trustees. 

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

employees doing bnrgaining unit work. irrespective or whether said employees nrc full-time. part-time. casual or seasonal. 

except as is otherwise provided herein. No ngreemem between the Employer and the Union shnll niter this rule or any other 

rule or provision or this Pnnicipation Agreement. 

(c) The Employer ngrees to contribuh! as follows. not to exceed the maximum: 

Linde Gas LLC - Production #1465 

Covered Group of Employees (Ddinc) ---------------------------

60 Month 60 Month DD 

Rehnbilitntion Death ($.05 if Totnl 

Schedule 13enclit Rutes of Contribution: llourlv elected) Houri 

Default 0 Yes 0 Eflcctive (l.l/0712016 3.8841 

Schedule A D No [!] Ellcctivc 0~10712017 4.1366 

Schedule 13 [!] Effective (l.l/0712018 4.4055 

Schedule C 0 Ellcctivc (l.l/0712019 4.6919 

ScheduleD 0 Eni!ctive (l.l/0712020 4.9969 

Schedule E 0 Eflcctivc 

Schedule G 0 Eflcctive 

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

Covered Employees: [!) Dnrgaining 0 Non-Onrgaining 

Contributions he gin on all employees lromthe lirst hour of the lirst day or employment. 

Formula lor 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 thc Fund arc to be received by the Fund oflic~.: on or before the tenth (I Oth) day of the 

month following. the month in which said monies wen~ accrul!d. except when otherwise agreed by the Fund. but not to exceed 

by the end of the same month due. 

:!. Fnilurc on the part of the Employcr to timdy contribute on any of its employees ns specilicd herein shallmnkc the Employer 

liable for all employee benelit claims \\ hich nrc incurred during the period of delinquency, damages. reimbursement to the Fund 

for the Fund's attorneys' Ices. nudito~s· rces. court costs. disbursements nnd expenses incurred by the Fund in recovering. the 

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

( 10%) of the dclinqul!nt amount. The late payment of any delim1uency by the Employer shall not in any way relieve it from the 

obligations set rorth above. In nddition. 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 snid payment, the Employer may appeal the Fund's 

decision to the 13oard of Trustees. whose decision shnll be lin a I and binding. In the event of failure of the Employer to comply 

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

pnrticipate in the Fund. nnd the Employer shall be responsible lor all the henefits and all other chnrges specified herein. 

3. The Fund may. at any time. nudit tht: pnyroll records of any nnd all cmploycL'S or the Employer at n time muttmlly agreed 

I 

REV. 201407 
upon at no extra chnrge 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 Participntion Agrcc.!mcnt. 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 found's rules. 

regulations and/or collection policies. 

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

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

jurisdiction of the collective bargaining ogreement in the amount indicated above. However. if thest: employees are included. 

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

basis as is provided in this P:uticipation Agreement. and the Employer also agrees to continue to make contributions on nil these 

employees lor us long as then! shall be a collective bargaining ngreement between the Employer and the Union. subject to any 

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

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

specifically define the category or categ.orics involved. 

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

Relations Act of J9.J7. as amcndcd. or any other State or Federal stntutc or regulation. such declaration shall in no way impair 

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

expressly declared to be saved from such illegality. 

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

one full cnlendor year. 

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

being effective. suflicicnl monies to pay lhe rl!quircd contributions during the period of absence and such monies shall 

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

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

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

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

Employer shall continue to moke the rl!quired contributions for u period of lour (4) weeks. If a regular employee is injured on 

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

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

l 0. All net ions and proceedings commenced or initiated by any claimant. applicant. employee. porticipant. the Union or the 

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

representative or agent thereoJ: and all a~tions nml proceedings commenced by or on behalf of said Trustees against any 

claimant. applicnnt. 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 npplicable tribunal located therein except wher\! otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings. all such arbitrations sholl 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 rcgurd to federal district cour1 actions. all such actions shall be commenced and heard in 

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

grievance/arbitration procedure set forth in nny collective bargaining ogrcement. It is specifically ;rgrced that any action or 

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

specified herein. 

II. This Pnr1icipation Agreement shall hccome efl~ctive ;1s of the date of execution hereof ond the payments provid~"<i 

hereinabove sl~all be payable from and alkr I04/0?I2016 and continue until expiration of the collective bargaining 

agreement on 104/0S/2021 subject. however. to the discretion of the Trustees. After expiration of the collective 

bargaining agreement. this Participation Agreement shall continue in full Ioree and eflect until a successor collective bargaining 

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

provide \\rittcn notice of the date or tcnnination. b) the Employer giws the Fund at least sixty (60) days advance written notice 

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

2 

REV. 20 1407 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Participation Agret:ment. executed by the undersigned Teamsters Local Union (hcrcinaller "Union") and Employer, 

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

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

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

hereafter adopted by the 13oard of Trustees. 

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

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

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

rule or provision of this Par1icipation Agreement. 

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

. Linde Gas LLC - Garage/Mechanics #1466 

Covered Group of Employees (Del me)---------------------------

60 Month 60 Month DB 

Rehabilitation Death ($.65 if Total 

Schedule Ucnctit Rates of Contribution: Houri• elected) 

Default 0 Yes 0 E I'!Cct i vc 07,'0112015 3.8122 3 .8122 152 ~9 

Schedule 1\ 0 No [!] Eflcctive 071011201(; 4.0GOO 4.0(;00 162.40 

Schedule B [!] Encctivc 0710112017 4.3239 4.3239 172.% 

- --- Schedule C 0 Ellcctivc 0710112018 4.6050 4.6050 18UO 

---- ScheduleD 0 Effective 07101/2019 ~3 4.0043 196.17 

Schedule E 0 Effective 

Schedule G 0 Erlcctive 

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

Covered Employees: ~ Bnrgaining. 0 Non-Bnrgnining 

Contributions begin on all employees from the lirst hour oft he lirst day of employment. 

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

per trip. 

{d) /\II such pnymcnts to be made to the fund nrc to be received by the fund oliice on or before the tenth (lOth) d:1y 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 or its employees as specified herein shall make the Employer 

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

for the Fund's attorneys· fees. auditors· Ices. court costs. disbursements nnd expenses incurred by the fund in recovering the 

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

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

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

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

decision to the Board of Trustees. whose decision shall be lin a I and binding. In the event of failure of the Employer to comply 

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

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

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

I 

REV. 201407 
upon at no e:-:tra charge to the Employer. In the event it is found tlmt the Employer has not fully complied with the Fund rules 

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

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

regulations and/or collection policies. 

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

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

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

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

basis as is provided in this Participation 1\g.rcement. and the Employer also agrees to continue to make contributions on all these 

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

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

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

specifically define the category or categories involved. 

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

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

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

expressly declared to be saved from such illegality. 

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

one full calendar year. 

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

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

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

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

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

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

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

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

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

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

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

representative or agent thereof. and nil actions ami proceedings commenced by or on behalf of said Tntstecs against any 

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

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

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

Massachusetts regional oflicc or the American Arbitration Association and all hearings and related proceedings shall be 

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

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

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

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

speci lied herein. 

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

hereinabove shall be payable from and after lo?I0112015 and continue until expiration of the collective bargaining 

agreement on 1°710112020 subject. however. to the discretion of the Trustees. After expiration of the collective 

bargaining agrecmelll. this Participation Agreement shnll continue in full force and effect until a successor collective bargaining 

agreement is executed by the Employer and Union unless a) the Trustees tenninatc 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 certilied mail with return receipt requested of its intent to temlinate participation because it no longer has an obligation to 

2 

REV. 20 1407 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the 

Treasury Redacted by the U.S. Department 

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

PARTICIPATION AGREEMENT 

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

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

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

this Fund, are bound by this Participation Agreement 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) ..;:.11.:.:66:..:.14.:....:M.:..:.:a:::.: ll e:!.y..:..:Tr.:.:uc::.::k.:..:.:ng~ln::.::c:.... . -----------------

Rehabilitation 

Schedule 

60 Month 

Death 

Benefit Rates of Contribution: 

Default [!) Yes 

Schedule A 0 No 

Schedule B D 

Schedule C D 

ScheduleD D 

Schedule E D 

Schedule G D 

D Effective _o3_io_11_20_14 ___ _ 

00 Effective 03/01/2015 

------ Effective 03101/2016 

Effective 

Effective 

Effective 

Effective 

------

Houri 

4.00 

4.24 

4.4944 

60 Month DB 

($.05 if Total 

elected Houri 

4.00 

4.24 

4.4944 

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

Covered Employees: lj} Bargaining 0 Non-Bargaining 

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

Weeki 

160.00 

169.60 

179.78 

lj} Other 

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

equals hours per trip. 

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

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

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

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

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

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

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

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

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

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

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

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

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

herein. 

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

agreed upon at no extra charge to the Employer. Jn 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 additi on, the Employer shall be responsible as set forth in this 

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

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

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

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

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

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

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

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

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

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

define the category or categories involved. 

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

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

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

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

maximum of one full calendar year. 

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

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

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

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

requirements in paragraph 2 herein. 

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

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

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

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

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

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

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

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

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

any manner, shall be brought in the appropriate cou11 in the County of Onondaga, New York or other applicable 

2 
Redacted by the U.S. Department 

of the Treasury

Redacted by the U.S. Department of the Treasury

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

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIRElVIENT FUND 

PARTICIPATION AGREEMENT 

1. (a) Tllis Participation Agreement, executed by the undersigned Teamsters Local Urlion (hereinafter "Urnon") and 

Employer, is the basis for pru1icipation in the New York State Terunsters Conference Pension & Retirement Fm1d 

(hereinafter "Fund"). The Employer, its pat1icipating employees, and the Union, as a condition of pru1icipation in 

this Fund, are bmmd by this Participation Agreement and all of the mles and regulations of the Ftmd now and/or 

hereafter adopted. 

(b) The Employer ru1d Union understand and agree that the Fund contributions shall be made, as set fm1h herein, 

on all employees doing bargaiillng unit work, inespective of whether said employees ru·e fhll-time, pat1-time, casual 

or seasonal, except as is othe1wise provided herein. No agreement between the Employer ru1d the Union shall alter 

this mle or any otl1er mle or provision of tllis Pru1icipation Agreement. 

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

Covered Group of Employees (Define) _M_a_nit_ou_c_o_ns_tru_c_uo_n_eo_._-o_u_m.:..p_Tru_c_k_on_v_ers ____________ _ 

60Month 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Default 

Schedule A 

Schedule B 

Schedule C 

ScheduleD 

Schedule E 

D Yes 

D No 

~ 

D 

D 

D 

D 

00 

Effective 6t112o12 ------ Effective 6t112o13 ------ Effective 6/1/2014 --- - -- Effective 6/112015 - ----- Effective 

Effective 

60 Month DB 

($.05 if Total 

Hourl elected) Houri 

$4.89 $4.89 

$5.21 $5.21 

$5.54 $5.54 

$5.90 $5.90 

Contract Type: 0UPS D Freight-National [!] Constmction D Murncipal 

Covered Employees: ~ Bargairnng D Non-Bargaiillng 

Contributions begin on all employees from the first hom of tl1e first day of employment. 

Weekl 

......... _ N..ltfU~ 

......... - ALLP«.$WClftJ(tO 

D Other 

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

equals hours per hip. 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tentl1 (lOtl1) 

day of the month following tl1e montl1 in wllich said monies were accmed, except when otherwise agreed by the 

Fund, but not to exceed by tl1e end of the sallle month due. 

2. Fail me 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 incuned during the pe1iod of delinquency, damages, 

reimbmsement to the Fund for the Fund's attomeys' fees, auditors' fees, comt costs, disbmsements ru1d expenses 

incuned by tl1e Fm1d in recovering the above. h1 addition, the Employer must pay all anears due the Fund together 

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

delinquency by the Employer shall not in any way relieve it from the obligations set fo11h above. In addition, when 

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

1 
delinquent ammmt to the Ftmd. After said payment, the Employer may appeal ti1e Ftmd's decision to the Board of 

Trustees, whose decision shall be fmal and binding. In the event of failme of the Employer to comply witi1 any of 

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

patticipate in the Ftmd, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Fw1d may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

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

with the Fw1d mles and/or provisions of this Participation Agreement, the Employer shall pay ti1e full cost of the 

audit that bas been perfom1ed by the Fund. In addition, the Employer shall be responsible as set forth in this 

Patticipation Agreement and the Fund's mles, regulations attdlor collection policies. 

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

complies with all mles and regulations of the Fw1d. In addition, the Employer may contribute to the Ftmd for 

employees working outside the jurisdiction of the collective bru·gaining agreement in the amount indicated above. 

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

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

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

collective bargaining agreement bet\veen the Employer attd ti1e Union, subj ect to any and all rules and regulations or 

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

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

defme the category or categories involved. 

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

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

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

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

maximwn of one full calendar year. 

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

absence being effective, sufficient monies to pay the required contributions during the petiod of absence atld such 

monies shall thereafter be promptly fmwarded to the Fund in accordance with the mles of the Fund. h1 the event the 

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

requirements in paragraph 2 herein. 

8. The Employer agrees to fumish such infonnation as may be necessary to enable tite Fund to cany out its duties. 

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

the Employer shall continue to make ti1e required contributions for a period of fow- (4) weeks. If a regular employee 

is injured on the job, the Employer shall continue to pay the required contributions Ulltil such employee retums to 

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

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

or the Employer, or their agents, successors or assigns, against the Fund, the Tmstees thereof or atly employee, 

service provider, representative or agent thereof, and all actions atld proceedings conm1enced by or on behalf of said 

Trustees against any claimant, applicant, employee, patticipant, the Union or the Employer pertaining to the Fw1d in 

any matmer, 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 

2 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

this Ftmd, are bound by tllis Participation Agreement and all of the mles and regulations of the Ftmd now and/or 

hereafter adopted. 

(b) The Employer and Utlion tmderstand and agree that the Fund contributions shall be made, as set fot1h herein, 

on all employees doing bargaining unit work, inespective of whether said employees are full-time, pat1-time, casual 

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

tilis mle or any otiter mle or provision of titis Pru1icipation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed tl1e maximtml: 

Covered Group of Employees (Define) Manitou Construction Co. - Concrete Mixer Drivers 

60Month 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Default D Yes 

Schedule A D No 

Schedule B D 

ScheduleC D 

ScheduleD D 

Schedule E 00 

D Effective 6/112012 ------ ~ Effective 6/112013 - ----- Effective 61112014 ------ Effective 61112015 

- ----- Effective 

Effective 

Homl 

$5.51 

$5.96 

$6.46 

$6.99 

60 Month DB 

($.05 if 

elected) 

Total 

Houri 

$5.51 

$5.96 

$6.46 

$6.99 

Contract Type: 0UPS 0 Freight-National ~ Constmction 0 Mmlicipal 

Covered Employees: ~ Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the frrst hour of ti1e first day of employment. 

Weeki 

......... """"""' 

""-""'"""""" 

........ """"""' ........ _ 

0 Other 

Fonnula 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 Ftmd are to be received by the Fund office on or before the tenth (10tit) 

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

Fwtd, but not to exceed by the end of the san1e month due. 

2. Failure on the pru1 of the Employer to timely contribute on ruty of its employees as specified herein shall make the 

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

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

inctm·ed by tite Ftmd in recovering the above. In addition, the Employer must pay all anears due the Fund together 

with liquidated dantages in the sum of ten percent (10%) of the delinquent amO\mt. The late payment of any 

delinquency by the Employer shall not in ru1y way relieve it from the obligations set fortl1 above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, ti1e Employer must immediately pay the 

1 
.. 

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

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

the mles of the Ftmd, the Employer and all its pat1icipating employees, at the Ftmd's sole discretion, shall cease to 

par1icipate in the Furtd, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

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

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

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

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

Participation Agreement and the Ftmd's mles, regttlations and/or collection policies. 

4. The Fw1d shall be open to participation by any group of members belonging to a pm1icipating Union that fully 

complies with all mles and regtllations of the Furtd. In addition, the Employer may contribute to the Ftmd for 

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

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

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

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

collective bargaining agreement between the Employer and the Union, subject to m1y and allmles and regulations or 

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

approval from the Fwtd 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 Pm1icipation Agreement be declar·ed to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regtllation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of tllis Pm1icipation Agreement and 

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

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

maximum of one full calendar year·. 

7. If an employee is grar1ted a leave of absence, the Employer shall collect from said employee, ptior to the leave of 

absence being effective, sufficient monies to pay the required contributions dm·ing the period of absence and such 

monies shall thereafter be promptly fonvarded to the Fund in accordance with the mles of the Fund. In the event the 

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

requirements in paragraph 2 herein. 

8. The Employer agrees to ftmlish such irlformation as may be necessary to enable the Fwtd to carry out its duties. 

9. If a regular employee is absent because of illness or off-the-job injmy 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 regulm· employee 

is injured on the job, the Employer shall continue to pay the required contributions w1til such employee returns to 

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

10. All actions and proceedings conunenced or initiated by ar1y claimant, applicant, employee, participant, the Union 

or the Employer, or their agents, successors or assigns, against the Fwtd, the Tmstees thereof or any employee, 

service provider, representative or agent thereof, and all actions artd proceedings conm1enced by or on behalf of said 

Tmstees against any claimar1t, applicant, employee, participant, the Union or the Employer pertailling to the Ftmd in 

any matmer, shall be brought in the approptiate com1 in the Cmmty of Onondaga, New York or other applicable 

tribunal located thereil1 except where otherwise provided herein. In regard to withdrawal liability arbitration 

2 
Redacted by the U.S. Department of the 

Treasury Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Pat1icipation 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 Ftmd 

(hereinafter "Ftmd"). The Employer, its pm1icipating employees, and the Union, as a condition of participation in 

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

hereafter adopted. 

(b) The Employer and Union understand ru1d agree that the Fund contributions shall be made, as set fm1h herein, 

on all employees doing bru·gaining tmit work, irrespective of whether said employees are fhll-time, pat1-time, casual 

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

this mle or any other mle or provision of this Pa11icipation Agreement. 

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

Covered Group of Employees (Define) _M_a_nit_ou_c;...;.o....;ns_tru;...;.c....; uo_n...;..co.;.;.. . _-c:...;e_m...;.. en...;..t H....;a;.:.ui;.:.D.;..;.rtv;.:.e;.:.rs ____________ _ 

Rehabilitation 

Schedule 

60 Montl1 

Death 

Benefit Rates of Contribution: 

Default D Yes 

Schedule A D No 

D Effective 61112o12 

------ [!] Effective 61112013 

ScheduleB ~ 

Schedule C D 

ScheduleD D 

ScheduleE 0 

- - ---- Effective 61112014 ------ Effective 6/112015 

Effective ------

Effective 

60 Month DB 

($.05 if Total 

Houri elected) Houri 

$4.29 $4.29 

$4.57 $4.57 

$4.87 $4.87 

$5.18 $5.18 

Contract Type: 0UPS D Freight-National ~ Constmction 0 Mtmicipal 

Covered Employees: ~ Bargaining D Non-Bargaining 

Contributions begin on all employees fi.·om the first hour of the first day of employment. 

Weeki 

AU. I"f\.S~m 

...,_L tt'U~ 

AU. tf\$ WOfiQ(f.O 

AU. wu~m 

D Other 

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

equals hours per hip. 

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

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

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

2. Failure on the part of the Employer to timely contribute on m1y of its employees as specified herein shall make the 

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

reimbursement to the Fw1d for the Fund's attomeys' fees, auditors' fees, court costs, disbursements m1d expenses 

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

with liquidated damages in the sum of ten percent (10%) of the delinquent ruuount. TI1e late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set fot1h above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the 
delinquent amotmt to the Fw1d. After said payment, the Employer may appeal the FW1d's decision to the Board of 

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

the mles of the Fw1d, the Employer and all its pat1icipating employees, at the Ftmd's sole discretion, shall cease to 

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

herein. 

3. The Fw1d may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

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

with the Fund mles and/or provisions of this Pat1icipation Agreement, the Employer shall pay the ftdl cost of the 

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

Participation Agreement and the Ftmd's mles, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a pm1icipating Union that ftdly 

complies with all mles and regulations of the Fw1d. In addition, the Employer may contribute to the Fund for 

employees working outside the jurisdiction of the collective bargaining agreement in the an1ow1t indicated above. 

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

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

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

collective bargaining agreement between the Employer and the Ullion, subject to m1y and all mles and regulations or 

decisions covering tllis group that are issued by tl1e Ftmd. The Employer must request in writing and receive written 

approval from the Fund in order to have tl1ese non-covered employees included. Such request must specifically 

define the category or categories involved. 

5. Should any of the provisions of tllis Pm1icipation Agreement be declared to be in violation of tl1e LaborManagement Relations Act of 1947, as amended, or m1y 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 tllis Pru1icipation Agreement and 

such provisions m·e hereby expressly declared to be saved from such illegality. 

6. Payments to the Fm1d must be made by the Employer for all compensable vacation and holiday time up to a 

maxinmm of one ftdl calendm· year. 

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

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

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

Employer grants a leave m1d does not so comply, the Employer must pay the contiibutions subject to all other 

requirements in paragraph 2 herein. 

8. The Employer agrees to fumish such infotmation as may be necessary to enable the Ftmd to carry out its duties. 

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

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

is injured on the job, the Employer shall continue to pay the required contiibutions m1til such employee rettm1s to 

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

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, pru1icipru1t, the Union 

or the Employer, or their agents, successors or assigns, against the Fund, the Tmstees thereof or ru1y employee, 

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

Tmstees against atly claimant, applicant, employee, participant, the Union or the Employer pertaitling to the Fw1d in 

ru1y mrumer, shall be brought in the approp1iate com1 in the County of Onondaga, New York or other applicable 

tribtmal located therein except where othe1wise provided herein. In regru·d to withdrawal liability arbitration 

2 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

this Fund, are bound by this Participation Agreement 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 fm1h 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 (Defme) Manitou Construction eo. -Concrete Mixer Drivers PROGRESSION RATES 

Rehabilitation 

Schedule 

60Month 

Death 

Benefit 

Default 0 Yes 0 

Schedule A 0 No [!] 

Schedule B 0 

Schedule C 0 

ScheduleD D 

Schedule E [!] 

Rates of Contribution: 

Effective STARTING DATE RATE 

Effective AFTER45DAYS 

Effective AFTER ONE YEAR 

Effective AFTER TWO YEARS 

Effective AFTER THREE YEARS 

Effective AFTER FOUR YEARS 

60MonthDB 

($.05 if Total 

Houri elected) Houri 

$0.25 

~~ $025 

$1.00 $1.00 

$125 :1D'22. $125 

$1.50 Cl(J2.~ $1 .50 

$1.75 C\02L\ $1.75 

FUll RATE ON STlP = COHCIIfTf :m> 

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

Covered Employees: ~ Bargaining D Non-Bargaining 

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

Weeki 

AU.ttlt$ WOfb:tO 

AU. .... WOI<ICW 

N.J. K'\S WCI'U(fi) 

AU._...,....., 

AU.Jof\SW'Of\IIIIZO 

All.tii\S~O 

0 Other 

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

equals hours per trip. 

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

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

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

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

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

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

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

with liquidated damages in the Slun 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 inunediately pay the 

1 
delinquent amount to the Fund. After said payment, the Employer may appeal the Flmd's decision to the Board of 

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

the mles of the Fllld, the Employer and all its participating employees, at the Flilld's sole discretion, shall cease to 

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

herein. 

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

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

with the Fund mles 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 Flilld's rules, regulations and/or collection policies. 

4. The Flilld shall be open to pa11icipation by any group of members belonging to a pru1icipating Union that fully 

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

employees working outside the jurisdiction of the collective bru·gaining agreement in the amolmt indicated above. 

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

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

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

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

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

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

define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or ruty 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 ru1d 

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

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

maximum of one full calendar year. 

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

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

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

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

requirements in paragraph 2 herein. 

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

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

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

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

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

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, pru1icipant, the Union 

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

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

Tmstees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Flilld in 

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

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

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

Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

Employer, is the basis for pru1icipation in the New York State Terunsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its participating employees, and the Union, as a condition of pru1icipation in 

this Fund, are bound by this Participation Agreement and all of the rules ru1d regulations of the Fund now and/or 

hereafter adopted. 

(b) The Employer and Union tmderstand 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 othe1wise provided herein. No agreement between the Employer and the Union shall alter 

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

(c) The Employer agrees to contribute as follows, not to exceed tl1e maximum: 

Covered Group of Employees (Define) _M_an_lt_ou_c_o_ns_tru_c_uo_n_co_._. R_e_tir_ee_s _______________ _ 

60Mouth 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Default 

Schedule A 

Schedule B 

Schedule C 

Schedule D 

Schedule E 

~ Yes 

D No 

D 

D 

D 

0 

Effective 1111/2012 

------ Effective 6/1/2013 

------ Effective 6/112014 

------ Effective 6/112015 

------ Effective 

Effective 

60 Mouth DB 

($.05 if Total 

Houri elected) Houri 

$4.14 $4.14 

$4.14 $4.14 

$4.14 $4.14 

$4.14 $4.14 

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

Covered Employees: [!] Bargaining D Non-Bargaining 

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

Weekl 

A&.L""3~D 

AU. NU WONCtD 

N..Lt«SWC)IIU([D 

AU.""'~D 

0 Other 

Formula for Road D1ivers 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 Flllld office on or before the tenth (1Oth) 

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

Flllld, but not to exceed by the end of the srune month due. 

2. Failure on the pa11 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, t.he Employer must pay all arrears due the Ftmd together 

with liquidated damages in the sum of ten percent ( 10%) of the delinquent amollllt. 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 Ftmd that it is delinquent, the Employer must immediately pay tlte 
delinquent amotmt to the Fw1d. After said payment, Ute Employer may appeal the Fwtd's decision to the Board of 

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

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

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

herein. 

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

agreed upon at no extra charge to the Employer. In the event it is fowtd that the Employer bas not fillly complied 

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

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

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

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

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

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

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

category subject to the srune conditions and on the srune basis as is provided in tbis Participation Agreement, and the 

Employer also agrees to continue to make contributions on all U1ese employees for as long as there shall be a 

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

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

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

define the category or categ01ies involved. 

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

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

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

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

maximum of one full calendar year. 

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

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

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

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

requirements in paragraph 2 herein. 

8. The Employer agrees to fun1ish such information as may be necessary to enable the Fund to carry out its duties. 

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

the Employer shall continue to make U1e required contributions for a period of four ( 4) weeks. If a regular employee 

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

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

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

or the Employer, or their agents, successors or assigns, against the Fw1d, the Trustees thereof or any employee, 

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

Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fw1d in 

any manner, shall be brought in the appropriate court in the Cow1ty of Onondaga, New York or other applicable 

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

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

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

this Fund, are batmd by this Participation Agreement and all of the mles and regulations of the Ftmd now and/or 

hereafter adopted. 

(b) The Employer and Union tmderstand and agree that the Ftmd contributions shall be made, as set faith herein, 

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

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

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

(c) The Employer agrees to conn·ibute as follows, not to exceed the maximmn: 

Covered Group of Employees (Defme) _M_AP_LET _ o_N_A_G_TAA_N_s_PO_A_r ________________ _ 

60 Month 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Default 0 Yes 0 Effective 311/2014 

Schedule A D No 00 Effective 31112015 

ScheduleB 0 Effective 311/2016 

Schedule C 0 Effective 311/2017 

ScheduleD 0 Effective 311/2018 

Schedule E 00 Effective 

60 Month DB 

($.05 if Total 

Houri elected) Houri 

2.81 . 2.81 

3.04 3.04 

3.29 329 

3.56 3.56 

3.85 3.85 

Contract Type: 0UPS 0 Freight-National 0 Consb11ction 0 Mtmicipal 

Covered Employees: [!] Bargaining 0 Non-Bargaining 

Conn·ibutions begin on all employees from the first hom· of the first day of employment. 

Weeki 

112.40 

121 .60 

131 .60 

142.40 

154.00 

00 Other 

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

equals hours per n·ip. 

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

day of the month following the month in which said monies were acclUed, except when othenvise 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 ammmt. 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 

1 
delinquent amotmt to the Ftmd. After said payment, the Employer may appeal the Fund's decision to the Board of 

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

the ndes of the Fund, the Employer and all its participating employees, at the Ftmd'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 Ftmd may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

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

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

audit that bas been petfOimed by the Ftmd. In addition, the Employer shall be responsible as set forth in this 

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

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

complies with all mles and regulations of the Ftmd. h1 addition, the Employer may contribute to the Ftmd for 

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

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

category subject to tbe same conditions and on the san1e basis as is provided in this Participation Agreement, and the 

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

collective bat·gaining agreement between the Employer and the Union, subject to any and allmles and regulations or 

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

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

define the category or categories involved. 

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

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

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

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

maximum of one full calendar year. 

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

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

monies shall thereafter be promptly fotwarded to the Ftmd in accordance with the rules of the Ftmd. In the event the 

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

requirements in paragraph 2 herein. 

8. The Employer agrees to finnish such inf01mation as may be necessary to enable the Fund to can:y out its duties. 

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

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

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

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

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

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

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

Tmstees against any claimant, applicant, employee, pat1icipant, the Union or the Employer pe11aining to the Fund in 

any manner, shall be brought in the appropriate cotu1 in the Cotmty of Onondaga, New York or other applicable 

tribtmal located therein except where othe1wise provided herein. In regard to withdrawal liability arbitration 

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

Treasury
THE NEW YORK STATE TEAMSTERS CONFF.RENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Pm1icipation Agreement. cxecuh.:d by the undersigned Teamsters Local Union (hereinaticr ··union .. ) and Employer. 

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

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

Participation Agreement. the Trust Agreement. Plan documents and all of the rules and regulations of the found now and/or 

hereafter adopted by the 13oard of Trustees. 

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

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

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

rule or provision of this Participation Agreement. 

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

Matt Brewing Company - #4685 

Covered Group of Employees (Deline)---------------------------

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule 13enelit Rates of Contribution: Houri ' elected) Hourly Weeki ' 

Default [!] Yes 0 Eflcctive 01101/2016 2.0564 2.05&1 8226 

Schedule A 0 No (!] Eflcctivc 01/0112017 2.1798 2.1798 87.19 

Schedule B 0 Effective 01/0112018 23106 2.3106 92.42 

---- --- Schedule C 0 Effective ---- - - -- --- ScheduleD D Ert'cctivc 

Schedule E 0 El'lcctive 

Schedule G 0 Eflcctivc 

Contract Type: o urs 0 r:reiuht-National 0 0 Construction 0 Municipal (!]Other 

Covered Employees: [!] Bargaining 0 Non-Bargaining 

Contributions begin on all employees li·omthe lirst hour of the lirst 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 arc to be received by the found office on or before the tenth (I Oth) day of the 

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

by the end of the same month due. 

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

liable lor all employee benefit claims which are incurred during the period of delinquency. damages. reimbursement to the found 

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

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

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

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

Employer must immediately pay the delinquent amount to the Fund. Alter said payment. the Employer may appeal the r:und's 

decision to the 13oard ofTn1stecs. whose decision shall be final and binding. In the event of failure or the Employer to comply 

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

particjpnte in the Fund. and the Employer shall be responsible lor all the benefits and all other charges specified herein. 

3. The r:und may. at any time. audit the payroll records or any and all employees or the Employer at a time mutually agreed 

I 

REV. 201407 

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

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

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

regulations and/or collection policies. 

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

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

jurisdiction or the collective bargaining agreement in the amount indicated above. However. if these employees arc included. 

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

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

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

and all rules and regulations or decisions covering this group that are issued by the f-'und. 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 deline the category or categories involved. 

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

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

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

expressly declared to be saved from such illegality. 

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

one fu ll calendar year. 

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

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

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

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

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

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

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

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

contributions shall not be paid lor a period of more than .2!_ weeks. 

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

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

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

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

the appropriate cou11 in the County of Onondaga. New York or other npplicable 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 l(~deral district court actions. all such actions shall be commenced and heard in 

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

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

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

specified herein. 

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

hereinabove shall be ayable from and after 1

11112016 and continue until expiration of the collective bargaining 

agreement on 121311

2018 su~jcct. however. to the discretion of the Trustees. After expimtion of the collective 

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

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

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

by certilied mail with return receipt requested or its intent to terminate pm1icipation because it no longer has an obligation to 

2 

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

Treasury Redacted by the U.S. Department of the 

Treasury