delinquent mmount to the Fund, Afler said paynvent, the Enyployer may appeal the Fund's decision to the Board of
Trustges, whose decision shall be final and binding In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cense to
participate in the Fund, aud the Employer shall be responsible for all the benefits and oll other charges specified
herein,

3, The Fond may, at pay tine, gudit the payroll records of auy aud all employees of the Employer at a tine mutually
agreed lipon af uo exta charge fo the Eaiployer, fy the eveur it i6 found that the Eauployer has not fully complied
with the Fund rules and/or provisions of this Particapation Agreement, the Eniployer shall pay the full cost of the
audit that has been performed by the Fund, In addition, the Ensployer shall be responsible as set forth in this
Participation Agreement and the Fund's niles, regulations mud/or collection policies.

4. The Fund shall be open to participation by any group of members belongisg to a participating Union that filly
complies with all niles and regulations of the Fund, tv addition, the Bnyployer may contrilmte to the Fund for
employees working outside the junsdiction of the collective bargaming agreement m the amount indicated above
However, if these employees are included, the Employer agrees 10 make contributions on all employees in this
category subject to the sane conditions and on ihe yame basis as ts provided in this Participation Agreement, and the
Envployer also agrees jo coutinue to minke contributions ou all these employees for as long as there shal) be a
collective bargaiming agreement between the Exployer and the Union, subject to any and all rules and regulations or
decisions coyenng this growp that are issued by the Find The Employer most request in writing and receive writen
approval trow the Fund in order to have these non-covered employees cluded, Such request must specifically
define the category or categories myvlved

5. Shonld auy of the provisions of this Participation Agreement be declared to be in violation of the Labor
Management Retations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in wo Way iinpait the effectivetiess or contiauity of the rest of the provisions of his Participation Agreensent aud
such provisions ae hereby expressly declmed to be saved from such illegality,

6. Payiwents to the Fund vinst be made by the Employer for all compensable vacation and bolday tune up to a
maxinuin of one full calendar year.

7. Ian employee iy wonted a leave of absence, the Employer shall collect froui said employee, priot to the leave of
absence betig effective, sufficient monies to pay the required contributions duning the penod of absence and such
nvonies shall therenfier be promptly forwarded to the Fund im weeordmece with the cules of the Fund. In the event the
Employer grants a leave and does not so comply, the Enyployer mnst pay the contributions subject to all other
requirements in parngraph 2 herem.,

8. The Employer agrees to furnish such mfommation as mimy be necessary to evable the Pand to carry out its duties.

9. Tf regular employee is absent because of illness or off-the-job injury aul notifies the Eniployer of such absence,
the Employer shall coutinue to make the required contributions for a period of four (4) weeks, Ifa repular employee
is injiwed on the job, the Employer shall continue to pay the required contributions until sich employee retums to
work, However, such contributions shall not be paid for a period of more than & weeks.

10, All actions and proceedings commenced or mtinted by any clannant, applicant, exsployes, parficypant, the Uniou
or the Employer, or their agents, successors of assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agen thereof, and all wefous aud proceedings conumenved by or on behalf of said
Trustees against any clannaut, applicant, eaployee, participant, the Uniou or the Employer pertaining to the Fund in
any manner, shal) be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herem. In regard to withdrawal lability arbitration

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (heretuafier "UnionTM) and Employer,
is the basis for participation in the New York State Teamsiers Conference Pension & Retirement Fond (hereinafler “Fund”),
The Employer, its participating employees, and the Union, as a condition af panicipation in this Fund, are bound by (hie
Participation Agreement, (he Trust Agreement, Plan documents and all of the rules and tegulations of the Fund now and/or
hereafter udopted by the Board of Trustees.

(b) The Employer and Union understand and agree that the Fund contributions shall be nude, as set fon 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 hicrein. No agreetnent between (he 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 execed the nsaximum:
hngaY Eeaaveett Scranton 's Thruway Builders Supplies - Truck Drivers

60 Month 0 Month DB
Rehabilitation Death (5.05 if Total
Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default Yes Effective wane sain sree
Schedule A No (8) | Effective wuts $3409 syeoera
Schedule B Effective memen sry sini
Schedule C Effective
Schedule D Effective
Schedule E Effective
Schedule G Effective =
Contact Type == J) ups 1 Freight-Nationat CK Consiruction [Municipal  ] Other

Covered Employees: [©] Bargaining = [1] Nowt-Bargnining

Contribations begin on all employees from the Fest hour of the firs day af employment

Formula for Road Drivers Contributions: Total miles deven ta tour of duty divided by 25 niles per hen exyertls hours
per irip,

(4) All such payments Wo be made to the Fund are to be received by the Pund office on ot before the tenth (10th) day of the
month following the month in whieh said monies were accrued, except when otherwise agreed by the Fund, tut nal to exceed
by the end of the same month due,

2. Failure on the part of the Employer to timely contribuje on any of its employees as specified herein shall make ihe 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 ihe Fund |n recovering the
above, In addition, the Employer must pay all arrears due (he Fund together with liquidated damages in the sum of fen percent
(LOM) of the delinquent amount, The late payment of any definquensey by the Employer absll not in any way relieve it from the
obligations set furth above, In addition, when the Employer is notified in writing by the Fund that it i delinquent, the
Employer must immediately pay the delinquent amount to the Fund, Afer said payment, the Employer may appeal the Fund's
decision to the Board of Trustees, whose decision shall be {inal and binding. In the event of failure of the Employer fo comply
with uny of the rules of the Fund, the Employer ana all its participating employees, at the Fund"s sole discretion, shall cemse to
participate in (he Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein.

3. The Fund may, at any time, avdit the payroll records of any and all employees of the Employer at a lime mutually agreed
|
REV, 201407


Covered Group of Employees (Define) Bargaining Unit _

| 60Month | 60 Month DB

Rehabilitation | Death | (8.05 if Total
Schedule |___Benefit | Rates of Contribution: Hourly elected) __Hourly Weekly
Default | Yes | Effective 07/01/2012 $7.95 $7.95
ScheduleA | No m| Effective 07/01/2013 $8.45 $8.45_
ScheduleB | | Effective 07/01/2014 $9.00 $9.00__
ScheduleC mi | | Effective 07/01/2015 $9.59 $9.59_
ScheduleD Of | Effective

ScheduleE Of} | Effective

Contract Type: O UPS 0 Freight-National m Construction Municipal () Other

Covered Employees: Bargaining O 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, but not to exceed by thie énd Of the Same month die.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified
herein shall make the Employer liable for all employee benefit claims which are incurred during
the period of delinquency, damages, reimbursement to the Fund for the Fund's attorneys’ fees,
auditors’ fees, court costs, disbursements and expenses incurred by the Fund in recovering the
above. In addition, the Employer must pay all arrears due the Fund together with liquidated
damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above.
In addition, when the Employer is notified in writing by the Fund that it is delinquent, the
Employer must immediately pay the delinquent amount to the Fund, After said payment, the
Employer may appeal the Fund's decision to the Board of Trustees, whose decision shall be final
and binding. In the event of failure of the Employer to comply with any of the rules of the Fund,
the Employer and all its participating employees, at the Fund's sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other
charges specified herein.

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

23


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the undersipned Teamsiers Lucal Union (hereinafter "Union”) and Employer,
is the besis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter “Fund").
The Employer, its participating employees, and the Union, as a condition of participation in this Fund, are bound by this
Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or
hereafter adopted by the Board of Trustees.

(b) The Employer and Union understand and agree that the Fund contributions shall be made, es set forth herein, on all
employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual or seasonal,
except us [s otherwise provided herein, No agreement between the Employer and the Union shall alter this rule or any other
nile or provision of (his Participation Agreement

(c) The Employer agrees to contribute as follows, not to exceed the maximum:
fata iti wa , Production and Maintenance Employees

60 Manth DB
($05 if

Total

CConstriction [Municipal [©] Other

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

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

(d) All such payments to be made to the Func are to be received by the Fund office on or before the renth (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
liabls 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 dumages 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 jt is delinquent, the
Employer must immediately pay the delinquent amount to the Fund, Afler said payment, the Employer may appeal the Fund's
decision to the Bourd of Trustees, whose decision shall be final and binding I the event of failure of the Employer to comply
with any of the rujes of the Fund, the Employer and alf its participating employees, at the Fund's sole discretion, shall cease to
participate in the Fund, and the Employer stal) be responsible for all the benefits end all other charges specified herein.

3. The Fund may, at any time, audit the payroll records of any snd all employees of the Employer at a time mutually agreed
1
REY, 201407


ZU

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 Northem District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or vere 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 4/2012 and expire on ¥312014 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 Apni 1, 2012

Expiration date of collective bargaining agreement March 31. 2014

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
signatures below,

LOCAL UNION# 118 EMPLOYER: =**82 (CONTRACTORS HEAVY & HIGHWAY

Appress: 130 Metro Park

Rochester, NY 14623
Department of the

ADpRESS: 85 HIGH TECH DRIVE,BOX 350
‘Ww

Redacted by the

Redacted by the U.S. Department of
[Treasury

SIGNATU SIGNATURE: iin

PRINT NAME: Paul Markwitz

PRINT TITLE: Business Agent

DATE:

PRINT NAME; Daniel Bree
PRINT TITLE: Owner
DATE:

7
Redacted by the U.S.
Department of the

NEW YORK STATE TE
151 NORTHERN CONC
MAILING ADDRESS:

SIGNATURE;

EXECUTIVE ADMINISTRATOR

REV, 1/2012

NCE PENSION AND RETIREMENT FUND
NY 13212
CUSE, NEW YORK 13221-4928

oare_ ft —


#9190 - naw Envwonmvental Inc.

APPENDIX A

ALBANY REGION LRD/AGC
TEAMSTERS LOCAL 294 (ALBANY)
2012-2016 HIGHWAY-HEAVY WAGE RATE SCHEDULES

Effective July 1, 2012, or for work on which the carryover clause has expired.

Group 1
Group 2
Group 3
Group 4
Group 5

Wages.

$26.42
$26.47
$26.56
$26.67
$26.82

Welfare

$8.44

Pension

$7.95

$1.00

otal
$43.81
$43.86
$43.95
$44.06
$44.21

Effective July 1, 2013, or for work on which the carryover clause has expired.

Wages = Welfare = Pension = Training —Total

Group 1
Group 2
Group 3
Group 4
Group 5

$26.67
$26.72
$26.81
$26.92
$27.07

$9.32

$8.45

$1.00

$45.44
$45.49
$45.58
$45.69
$45.84

Effective July 1, 2014, or for work on which the carryover clause has expired. :

Group 1
Group 2
Group 3
Group 4
Group 5

Wages. Welfare Pension
_, $10.26

$26.92
$26.97
$27.06
$27.17
$27.32

$9.00

Training
$100 =, $47.18

Total

$47.32
$47.43
$47.58

Effective July 1, 2015, or for work on which the carryover clause has expired.

Group 1
Group 2
Group 3
Group 4
Group 5

$26.92
$26.97
$27.06
$27.17
$27.32

$11.31

$9.59

$1.00

Total

$48.82
$48.87
$48.96
$49.07
$49.22

at:


*Effective July 1, 2017 - June 30, 2018

Swaight time: §38.15 per hour 34.85 per hour $56.20 per day
Overtime; $57.23 per hour $4.85 per hour ~0-

*Reylved Health and Wage rates due to §.15 increase in Southern Tier Health Care Benefit plan

Straight time, $38.00 per hour 55.00 per hour $56.20 per day

Overtime: 857.08 per hour 55.00 per howr i

*See Article 3, #23

AGC EMPLOYER TRUCK DRIVERS LOCAL UNION #448

DATE. DATE

19


3100

contribute by contract ve statute, ¢) the dite the NLRB cenifies the resulis of an election that terminates the Union's
representative siatus or. d) the date the Union's representative status terminates through a valid disclaimer of interest. The
Employer shall pay any contribution nie increases due under the Rehabilitation Plan in effect during negotiations with the
Union and such payments shall he made in accordance with the rules and regulations of the Fund. A new Participation
Agreement must be signed and submitted for each successor collective bargaining agreement.

Effective dave of collective bargaining agreement; {Apri 1, 2016
[March 31, 2019

Expiration date of collective burgaining agreement;

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

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes oll prior or
coMempormncous agreements Or understandings. whether oral or written, As such, this Participation Agreement may not be
modified execpt by a writing signed by all partics. Further, to the extent there exists any conflict between any provisions of this
Pariicipntion Agreement and any provisions of the collective bargaining agreement, this Participalion Agreement shall control.

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

LOCAL, UNIONS _ 317, EMPLOYER; Saunders Concrete Company, Inc.
ADDRESS: 586 Sponeey Sireat ADDRESS; POBox A

Sipnione, WY 13204 Nedrow, NY 13120
Redacted by the U Redacted by the U.S. Department of the
Department of the SIGNATUREDEERN DY
PRINT NAME; Quane E. Wright PRINT NAME; Tracy Salintters
PRINT TITLE:Presidepu Business Agent PRINT TITLE:

DATE:_S/6“é DATE:

REV. 201407


1194

contribute by contract or statute, c) the date the NLRB certifies the results of an election that terminates the Union's
representative status or, d) the date the Union's representative status terminates through a valid disclaimer of interest. The
Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the
Union and such payments shall be made in accordance with the rules and regulations of the Fund. A new Participation
Agreement must be signed and submitted for each successor collective bargaining agreement.

Effective date of collective bargaining agreement: ['0/27/2014

Expiration date of collective bargaining agreement: i 07/30/2016

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 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. Further, to the extent there exists any conflict between any provisions of this
Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control.

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

LOCAL UNION# 264 EMPLOYER: Saputo Dairy Foods, USA
(lormerly Friendship Dairies. LLC)
ADDRESS: 35 Tyrol Drive ADDRESS: 8701 County Road 20
otal Redacted Friendship. NY 14739 ___
by the U.S.
SIGNA’ Department SIGNATURES

lof the
PRINT NAME; Mark W. Boling

PRINT NAME; Steve Power
PRINT TITLE: Business Agept PRINT TITLE: Plant Manager

DATE: Lfr2Xfrvis 7 DATE: ilBclis

Redacted by the U.S.
NEW YORK STATE TEBE eet eum ag ION AND RETIREMENT FUND
151 NORTHERN CONC

MAILING ADDRESS: BW YORK 13221-4928
Bis
SIGNATURE: DATE: id

REV. 201407


upon al 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, ihe Employer shall pay the full cost of the audit that bas beem performed by
the Fund, in addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund’s rules,

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 ihe same conditions and on the same

Specifically define the categary 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 eny other State or Federal stature or regulation, such declaration shall in no way impair
the effectivences or continulty of the rest of the provisions of this Participation Agreement and such provisions are hereby
expressly declared to be saved from such illegality,

@ Payments to the Pund must be made by the Employer for all compensable vacation and holiday ime up to a maximum of
one fill calendar year,

7, Ifan employee fs granted a leave of whence, the Employer uhull collect from said employee, prior to the leave of dbserice
beiny effective, sufficien monies to pay the required comributions during the peniod of absence and such monies shall
thereafler be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave
and does nol so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein

&. 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 |s absent because of illness oF 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 retums to work. However, such
contributions shull not be paid fora period of more than _26 _ weeks.

10, Ail actions and proceedings commenced or jnitiated by any claimam, applicent, 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 ar on behalf of said Trustecs 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 triburtal locates 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 repurd to federal district court actions, al! such actions shall be commenced and heurd in
the United States District Court for the Norther District of New York “The Fund shall not be subject to any
erievance/arbitration procedure set forth in any collective burgaining agreement. It is specifically agreed thut any uction or
procesding commenced of initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal

1k. This Participation Agreement shall become ¢ffective as of the date of execution hereof and the payments provided

hereinabove shall be froen and after 1027/2014 set continue wll expiration vi the eollective bareshiing
70/30/2016

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

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 Eraployer and
provide written potice Of the date of termination, b) the Employer gives the Furid at least sixty (60) days advance written notice
by certified mail with return receipt requested of its intent to terminate participation because if no longer Kas an obligation to

2
REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the tndersigned Teamsters Local Umion (hereinafter “Uniori”) and
Employer, is the basis for participation im the New York State Teamsters Conference Pension & Retirement Fund
(hereinafter “Fund"). The Employer, its paricipating employees, and the Union, as v condition of participation m
this Fund, are bound by this Participation Agreement and all of the mules aid regulations of the Fund now and/or
hereafier adopted,

(b) The Employer aud. Union understand and agree that the Fund contributions shall be wade, as set forth bereiti,
on all employees doing bargainmg unit work, inespective of Whether said employees are full-time, part-time, casual
oF seasonal, except as is otherwise provided herein No agreement! between the Employer and the Union shall alter
this nile or any other nile or provision of this Participation Agreement,

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

Covered Group of Eimployees (Define) Strano courRicTons imAvy 4 HiGHway

60 Month 60 Mouth DR
Rehabifituion Death (5.05 4f Total

Schediile Benefit | Rates of Contnbution: Hourly elected) Hourly Weekly
Defi fill | Yes Effective Maar ros 4 caceman
Schedule [) | No Effective Tain Fea 7a ——
Schedule B H Effective
Schedule C Effective
Schedule D | Effective
Schedule E Effective
Contract Type: = [] UPS (] Freight-National (S]Construction = [J Municipal == [Other
Covered Employees; [li] Bargaunng (J Non-Bargainving

Contnibitions begin on all employees from the first hour of the Grst day of employment

Forms for Road Drivers Contnbutions; Tots! miles driven in a tour of daty divided by 25 yniles per hour
equals hours per itp.

(d) All such payments to be aide to the Fund are 10 be received by the Fund office on or before the tenth (10th)
day of the month following the month im 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 coutribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit clauns which are incired during the period of detinquency. damages,
‘eimbursement to the Fund for the Fund's attorneys’ fees, aucitors’ fees, court costs, disbursements and
iwcurred by the Fund in recovering the above, In addition, the Employer must pay all arrears due the Fund together
with liquidated dasnages in the sum of ten percent (10%) of the delinquent! amount. The late payiwent of any
delinquency by the Employer shall vot in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund tha) it is delinquent, the Employer must immediately pay the


upon AC NO extn change 10 Me Employer. fi the event it is found that the Employer has wot fully compfied with the Fund cules
and/or provisions of this Muriicipation Agreement, the Employer shall pay the fall cost of the audit that has been performed by
the Fund. In addition, the Emplayer shall be responsible as set forth in this Participation Agreement and the Fund's rules,
regulations wnmi/or collection policies.

4. The Fund shall be oper to participation by any group of members belonging 10a participating Union that fully conyplics with
all piles and reguimtions of the Fund. In adlition, the Employer may contribute to the Fund for employees working outside the
Jurisdiction of the colluctive bargaining agreement in the amount indicated above, MWowover, if these employees are Included,
the Emphiyer agrees to make coutriitlons on all caployecs i this categery subject to the sante conditions ard an the san
bois as is poowided In this Participation Agreoment, and the Employer also agrees 10 conthive to make contcbutlons on all these
employees for am fon us there shall be a cotlvetlve bargaining aureement between the Employer und the Union, subject to any
and all rules aml eeyulitions or decisions covering: this group that are issued by the Fund, ‘The Employer must request in writing:
ad receive weilien approval frem the Fond in erder iv have these nenmcovered empluyecs included. Such request aust
specifically define the caiegory of calegones invelved-

5, Showld any of the provisions of this Participation Agreement be dechiredt to be ti vielation of the Labor-Maragement
Relations AcLol }047, as amended, aruny other Site or Federal siqnute or regulation, such dechuition shall 7h no. way impair
ihe eflectivencss or contiouity of the rest of the provisions of his Participation Aureement and such provisions are hereby
capnesly deekird fo he saved front such ygalily,

& Paynients 10 the Fund dnest he mate hy the Eniptoyer fie all compensable vacutlon ard haliday (hiv up (oo maxis of
owe Chil calonthir yeu,

7. [Fon employee is ered u leave of absence, the Employer shall collect from said employee, prior to the leave of absence
being clfective. sufficient monies to puy the required coutribuiuny doring the perlod of absence and such monies shall
Therewfier be promptly forwarded tw the Feed iy acepedance wiih the cules of He Fund. tn ihe event the Employer grasa leave
and dows pot au comply. the Employer must pay the contribulions subject to ali other requirements in paragraph: 2 herein.

4. The Employer agrees 10 furnish such information as may be necessury to enable the Furi to carry out its duties,

9. Ifa regular cunployes i$ absent bevause of Hess or offthe-job injory and notifies the Enyployer of such yheence, the
Employer shall continue to make the sequined conivibutions for a period of four (4) weeks. Ifa regular employee is injured on
the job, the Employer stall continue to pay the required coniributions until such employee retures ta work, However, such
contributions shall not be paid fora period of more va Weeks

10, Allactions and proceedings commenced of initiwed by any claim, applicant, employee, panicipant. the Union or the
Employer, ur their agen, successors of assigns. ayninst the Fund, the Tnestees thereof or any employee, service provider,
representative or agent thereof and all actions aod proceedings commenced by or on behalf of sid Trustees auatinet any
claimant, applicant, employee, participant, the Union or the Employer perinining jo the Fund in aay manner. shall be brougly in
the appropriate count in the Conmly ef Onondaga. New York or ofher applicable iribunal located therein except where olferwise
provided herein. tn regard to withdrawal liability arbiieution proceedings. all auctt arbitrations ahall be Inhiated ba the Boston.
Massachusetts regional office of the American Arbitration Association and oll hearings and refuted proceedings shall be
conducted in Syracuse, New York. [nt regard to federal district court actions. all such actions shall be commenced and heard in
the United Sunes District Count for the Nonhero District of New York, ‘The Fund shall pot be subject to any
Bricvance/arbitration procedure set forth in any collective burgaining agreement, (t is specifienlly agreed that any action or
prone commenced or Initined in any other jurisdiction or venue shall be tnesferred 10 the approprizte court or tribunl
specified french

(J. This Panicipation Agreement shall become effective ns of ihe date of execution hereof and the paynients provided

fercinabove shall be payable from nv ler 104072016 nul continue until expiration of the collcetive bargaining
murceMnent On losaw2o1s subject, Iumewer, fo Ihe discretion of the Tretees, After expiration of the collective

bargaining agreement. this Participation Agreement shal! continue in full force and effect until a successar collective bargaining
agreement Is eaeculed hy 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 muil with neium receipt requested of its intent to terminate participation because it no longer his ad obligation to

2

REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
CIP, E

\. (a) This Participation Agreement, executed by the undersigned Teamsters local Union (hereinafter “Union") and Employer,
is the basis for participation in the New York Susie Teamsters Conference Pension & Retirenent Pund (hereinafter “und”).
‘The Employer, its participating employees, and the Union, as a condition af participation in this Fund, are botind by, this
Participation Agreement, the Trust Agreement, Plan documents ard all of the rules and regulations of the Fund now and/or
hereafter adopted by the Board of Trusices.

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

employees doing bargaining unit work, trespective of whether said employees are full-time, part4ime, casual or seasonal,
except as is otherwise provided herein. No agreement between the Enrployer and the Union shall alter this rule or any other

cule or provision of this Participation Agreement.
(c) The Employer agrees to contribute as follows, pol to exceed (he maximum:

scthealaveniaie #5387 Smith Packing Co.
60 Mont 60 Month DB
Rehabilitation Death (S05 if Total
Schedule Benefit | Rates of Contribution; Hourly clocted) Mourly ‘Weekly

Default Yes LJ) | Effective ovrnoia {sor jowr “io
Schedale A Wo [| Effective ovormois yoo 10888 #4270
Schedule B Effective owosors rheat teat “ou
Sehedule C Effective aworgo1y 12778 12276 mai
Schedule D Effective

Schedule E Effective

Schedule G Effective

Contract Type: (UPS 1 Freight-National O1Construction [] Municipal Other

Covered Employees; [] Bargaining (0) Non-Barpaining

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 fiours
per trip.

(d) All such payments 10 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 wecrued, except when otherwise agreed by tle 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
Viable for all employee beriefit claims which ure incurred during the period of delinquency, damages, reimbursement to the Fund
for the Fund's attorneys’ fees, auditors’ fees, court costs, ditbursements and expenses incurred by the Fund in recovering the
above. In addition, the Employer must pay al! arrears due the Fund together with liquidated damages ta the sum of ten percent
(10%) of the delinquent amount, The late payment of any delinquency by the Employer shall not ln any way relleve It from the
obligations set forth above. ff 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 Pund. After said payment, the Employer may appeal the Fund's
decision ta 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, (he Employer and all its participating employees, af the Funel's sole discretion, shall cease to
participate jn the Fund, and (he 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

|
REY. 201407


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 2/2014 and expire om 312017 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 2/1/2014

Expiration date of collective bargaining agreement 1/31/2017

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

LOCAL UNIONY Teamsters Local #264 EMPLOYER: =4mson Distribution Center

35 Tyrol Drive ADDRESS: 203 Eggert Road

Cheektowaga, NY 14227
Redacted by the U.S.

ffalo, NY 1424
by the U.S. Department of the

Department of the

SIGNATURE;

PRINT NAME; Robert C. Bonilla PRINT NA ‘yx JoSeph L. Carlo

PRINT TITLE: Business Representative PRINT TITLE: Chief Operating Officer
DATE: ox) TE:__3 (up \uf

Department of the Treasury

NEW YORK STATE TEAM
15! NORTHERN CONCOUR
MAILING ADDRESS:  P.

IN AND RETIREMENT FUND
W YORK 1322)-4928

DATE: % aa

SIGNATURE:

EXECUTIVE

REV. 3/2010


Upon at no extra charge to the Employer, Un the event ft ts found that the Employer has noe fully complied wilh 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 Fimel, Io addition, the Employer shall be responsible as act forth in this Participation Agreement and the Fund’s rules,
regulations and/or collection policies,

4. The Fund shal! be epen to pariictpatian by any group of members belonging to a participating Union that filly complies with
all rules and regulations af the Pond. ta addition, the Employer may contribute tothe 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 le make contributions on all emiployees in this calegory subject lo the same conditions and cr te sim
teasis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these
enployees for as long as there shall be'a collective bargaining agreement between the Employer and the Union, subject to any
ancl all niles and regulations or decisions covering this group that are issued by the Fund. The Employer must request jn writing
and receive written approval from the Fund in order to have these non-cevered employees included. Such request must
epeeilically define the eateyory or caieyaries involved.

5. Should any of the peovisions of this Participation Agreement be declared to be ig violation af the Labor-Management
Relations Act of 1947, us amended, or uny oiler State or Federal statute or repuletion, such deckaration shall iv ne way impair
the effectiveness or contiauily of the rest of the provisions of this Pariicipation Avreement 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 yacation and holiday Gme up to a maximum of
come full calendar year,

7. Wan employee is granted a leave of absence, the Employer shall collect from said employee, priar to the leave of absence
being effective, sufficient niaiies to pay the required comributions diring the period of absence and such monies shall
thereafler be promptly forwarded to the Fund in secordance 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 stich information as nay be wecessary to emable the Fund to carry out its duties.

; injury—and-noti fies-the-Ginplayerof sueh-absenee- ie
atid tend om oneal oxechatens tie gute mephacin steed eateepertiok
Henot-be pani for-eperiod-oFnorethen—— weeks

|
~ —Bimployer-shal
contributions-shal

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 Trusices thereof or any employee, service provider,
representative or agent thereof, and all actions and proceedings commenced by ov on behalf of said Trustees against any
claimant. applica, employee, participant, the Union or the Employer pertaining to (he Fund in any manner, shalt be brought in
the appropriate count in the County of Onondaga, New York of other applicable (ribunal lucated (herein except where otherwise
provided herein. In reyard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston,
Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted In Syracuse, New York, In regard to federal district court actions, all such actions shall be commenced and heard in
the United States District Court for the Northern District of New York. The Fund shall not be subject to any
grievance/arbitration procedure set forth in any collective bargaining agreement. tt is specifically agreed that any action or
proceeding commenced or initiated in ary otter jurisdiction or venue shall be transferred to the appropriate court or tribunal
specified herein.

1}. This Participation Agreement shall became effective as of the date of execution hereof and the payments. provided

hereinabove shall be payable fronv and after NOS and continute until expiration of the coflective bargaining
fears

agreement on subject, however, te the discretion of the Trustees, After expiration of the collective
bargaining agreement, this Participation Agreement shall continue in full force and effect wil a successor collective bargaining
agreement is exceuted by the Employer and Union unless a) the Trustees terminate the panicipation 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
hy certified mail with retumn receipt requested of its intent to terminate participation because it no longer has an obligation to

2
REV_ 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the undersigned Teamsiers Local Union (hereinafler “Union") and Employer,
is the basis for participation in the New York State Teamsters Conference Pension & Rutirement Fund (hereinafter “Fund”,
The Eyployer, its particiyiing employees, and the Union, ay a condition of participation in this Fund, are bound by this
Participation Agreement, the Trust Agreement, Plan dovuments and all of the rules and regulations of the Fund now and/or
herealer adopted by the Bowed of Trustees.

(b) The Employer and Union understand and agree that the Fund contributions shall be made. as set forth terein, on all
employees doing bargaining unit work, irrespective of whether said employees are fulltime, part-time, casual or sewsernl,
exeept as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or ary other
rule or provision of this Participation Agreement.

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

Beired Cheugcatih pom Saunders Concrete (Nedrow)

60 Month 60 Menth DB
Rehubilitution Death (8.05 if Toial
Schedule Benefit Rates of Contribution: Hourly dlected) Hourly Weekly
Default O | Ves =) | Effective sions mrt sen ses
ScheduileA [LJ | No [S) | Effective sro; sar au s702.90
ScheduleB [) Effective S107 Se46 es sean
Schedule C Eifective
Schedule D Effective
Schedule E Effective
Schedile G Effective
Contract Type: Ours DD Freight-National (Construction [] Municipal [&) Other

Covered Employees: [8] Bargaining — [[] Non-Barpaining
Contributions begin on all employees ftom the first hour of the first day of employment,

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

(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
monittt following the month in which said monies were accrued, except when otherwise ayreed by the Fund, but not to exceed
by the end of the same monty due,

2, Fuilureon the part of the Employer to timely contribute on wny 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, coun 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 (n the suin of tet percent
(10%) of the delinquent amount The late payment of any delinquency by the Eniployer shall not in amy 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 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, tte Employer and all its participating employees. wt 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.

4. The Fund may, at any time, audit the payroll reconis of any and all employees of the Employer at a time mutually ageved.

1
REV, 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

|. (a) Thik Purtivipation Ayroenent. executed by the iidersigwud Teamsters Local Union (hereinafler Union”) and Employer,
is the basin for purticipation in the New York Stac Teawsters Conference Pension & Retirement Fund (herehnfter “Fund”),
The Employer, fis participaing employees, and the Union. as a condition of participation in this Fund, are bound by this
Panicipation Agreement, the Trust Agreement, Pian documents and all of (he ules and regulations of the Fund now and/or
hereafler adopied by the Heard of Trustees,

(b) The Employer and Union dadeestaod and agroe that tie Fund contibucons shall be soade. as set forth herein. on all
employees doling bargaining anit work. irrespective oF whether suid employees are fulltime, part-time, exsual or sensonal,
except os iy othenyise provided herein, No uyreement beiween the Employer und the Union shall alter this nile or any other
tule or provision of ihis Participation Agreement

(e) The Eniployer agrees to contribute as folloves, not td excedd the maxis

Saunders Concrete Inc - Ithaca #3700

Covered Group of Employees (Detine)

60 Mouth 6) Month DB
Rehabilitation Death (8.03 fF Total
Schedule Benelit Rates of Contribution: Mourty elected) Hourly Weebly

Default Yes Filvective mesic scans a6 ord
Schedule A No LH] | Effective seems aan san ine
Schedule B Effective oreo 4am) ‘ona ee
Schedule C Effective

Schedule D Efitetive

Schedule E Kifcetive

Sehiedule G Effective

Contmet type Cues 0 Preigtt-Natinenl DiConstruction = [) Municipal — () Other

Coven Employees: [5] Bargaining — [] Non-Bargaininy

Coniribitions bexie on all caployees front the first hour af the first day of exmplayment.

Voewula the Rowd Devers Conittitutions: Coral unites driven in a tour of duty divided by 25 yniles per hour equals hours
per trip.

A) AN such puynents io be made to the Fund are to be received ty te Fond office on or before che cent (100) day of the
month following the monty in which said monies were accrued, except when otherwise aurced by the Fund, but not to exceed
by the end of the sanve mont die.

2. Valle on the part of the tanployer 10 tively comtribute on any of its employees as specified Iereint shall make the Employer
liable for al) employee benesit claiins which are incurred during the period of delinquency, dumages, reimbursement 10 the Fund
for the Fund's atiorneys” thes, muditors” feex, court costs, disbursements and expenses incurred by the Fund in recovering the
above. fy addition. the Employer wwst pay afl arrears due the Fund together with liquidated damages ia the sum. of (en percent
(10%) of the definguew.amoun. The fate payment of any delingvency by the Employer shall not in any way relieve it from the
obtivitlons set forth above. ty additiws when the Employer is notified da writhyg by the fend thot it is delinquent, the
Employer inst hnmediately pay the delinguem amount so the Find. Atier said payment, the Eiwployer may appeal the Fund's
decision to the Bown! of Tistees. whase decision shall be final and binding. Un the event of failure of the Employer to comply
with ony of the rules of the Fund. the Eorployer and ull its participating employees, at the Funit's sole discretion, stall cease 1
participare fy the Hund. and the Emplower shall he responsthte forall the benefits and all other clwrges specified herein.

J. The Fun pris, at any dine. audit the payroll records of any and oll employees of the Employer at a time mutually agreed
i
REV, 201407


Serendon Environment aD

Received S0TTS6OT42 Vay 77 2016 O8:hae ON #999 7
05/27/2018 08:23 FAX BOTTSGATSD ECOMOMYPAVINGCO Boodsooa
onompaca counry V2 216 O:Slen——PEMIL
EFFECTIVE APRIL 1, 2026- MARCH 31, 2018
ABTISLE 16 ~ WAGE RATES
‘The wage rate for employees covered by this Agreement shall start the first full payroll period baginning on or after the
affective date as follows:
6/1/48 S/a/a7,
Group 1 $23.36 $23,91
Group 2 $23.56 $24.1

GROUP 1; Warehouseman, Yerdmen, Truck Helpers, Pickups, Pane! Trucks, Flatboy Material Trucks (straight jobs}, Single
Aude Dump Trucks, Oumpsters, Maturial Checkers and Receivers, Greasers, Truck Tiremen, Mechonic Helpers, Parts Chaser,
Tandems and Batch Trucks, Mechanics, Dispatcher, Semi-Trallers, Low-boy Trucks, Asphalt Distributor Trucks, Agitator,
Mixer Trucks and dumporete type vebicles, Truck Mechanic and Fuel Truck.

_ GROUP 2; Specialized Earth Moving Equipment-Cuclid Type, or simflur off-highway equipment, where not self-toaded,
Straddéa (Ross) Carrler, and sel*contalned concrete mobile unit, Of-Highway Tendem Back-Dump Twin Engine Equipment
and Double-Hitched Equipment where not self-loaded,

ARTICLE 21 HEALTH AND WELFARE

The Employer agrees to participate in the Mew York State Teamsters Council Health and Hospital Fund for each employee
covered by this Agreament within the jurisdiction of the Teamsters Loca) 317, and abide by the rules of sald Fund sat fneth
Inthe signed Participation Agreement. The employer agrees to contribute the following rates for all hours paid as follows:

sa/n6 shh?
$14.10 $14.80

All Employers who have not signed the applicable stipulation required will sign the applicable stipulation at the pre-job
confarence prior to commencement of work. Fallure to sign said stipulation shall invalidate the no-strike clause,

‘ARTICLE 22 PENSION
affia san
$5.36 $8.86

The Employer aprees to contribute the following sums for all hours paid, to any and ali employees, into the New York State

Teamsters Conference Pension and Retirement Fund, Tha employer agrees to sign tha standard Fund Participation
Agreement as required by the Fund Trustees.

UNION DUES
siaiig so472
Group 1 $sa sea
Group 2 $59 $60



FID, 8980, 898!

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
Count for the Northern District of New York. [t 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.

IL. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 2/2014 and expire on Vav20i7 -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 2/1/2014

Expiration date of collective bargaining agreement 312017

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 of 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 UNIONY Teamsters Local #264 EMPLOYER: Samson Distribution Center

AppreEss: 35 Tyrol Drive AbprEss: 203 Eggert Road

Cheektowaga, NY 14227
Redacted by the U.S. ee
Department of the Treasury

Redacted by the U.S. Department of the Treasury

SIGNATUR! SIGNATU
PRINT NAME: Rebert C. Bonilla PRINT NAMETOSeph L. Carlo
PRINT TITLE: Business Representative PRINT TITLE: Chief Operating Officer

DATE: B26fif ) DATE: dlanhief

a)

Redacted by the U.S.

NEW YORK STATE TEAMSSAAGRMARARAMIEEPENSION AND RETIREMENT FUND

151 NORTHERN CONCOUR 3212
MAILING ADDRESS: P.q SE, NEW YORK 13221-492

SIGNATURE: DATE:

EXECUTIVE ADMINISTRATOR

REV, 5/2010


upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules
and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been perfonned by
the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's niles,
regulations and/or collection policies.

4, The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with
all rules and regulations of the Fund, In addition, the Employer may contribute to the Fund for employees working outside the
jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included,
the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same
basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these
employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any
and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing
and receive written approval from the Fund in order to have these non-covered employees included. Such request must
specifically define the category or categories involved.

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

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

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

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

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the
Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider,
representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in
the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise
provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston,
Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted in Syracuse, New York, In regard to federal district court actions, all such actions shall be commenced and heard in
the United States District Court for the Norhem 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.

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

hereinabove shall be payable from and after [une 1, 2074 and continue until expiration of the collective bargaining
agreement on [May 31, 2017 subject, however, to the discretion of the Trustees. After expiration of the collective

bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining
agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice
by certified mail with retum receipt requested of its intent to terminate participation because it no longer has an obligation to

2
REV. 201407


Stoland. Heovy Highway Hotes #44A>

0 Conah ohox Q.opconnasnte ol013-9O1\N
Kouenoch Sar tt antihd wUdadfjase Dagan % AOSD

ARTICLE XVIII - WAGE RATE SCHEDULE

7 Contractor Employees - Non-Seniority
(Hired after April 14, 1981)
Wages Health & Welfare Pension

Effective July 1, 2013 — June 30, 2014

Straight Time: $32.616 per hour $4.85 per hour $46.20 Ppiy

Overtime:  $48.92perhour $4.85 per hour -0-. 519) HA
*Effective July 1, 2014 — June 30, 2015

Straight time: $33.96 per hour $4.85 per hour $49.00 per day 3} h @
Overtime: $50.94 perhour $4.85 per hour 0- (o.13}h

*Revised Health and Wage rates due to $.15 increase in Southern Tier Health Care Benefit plan

Straight time: $33.81 per hour $5.00 per hour $49.00 per day (p.1 ) WR -
Overtime: $50.72 per hour $5.00 per hour -0-

*Effective July 1, 2015 — June 30, 2016
Straight time: $35.30 perhour $4.85 per hour $51.90 per day CIV gee

Overtime: $52.95 perhour $4.85 per hour O Gugihe fe isos
“Revised Health and Wage rates due to 5.15 increase in Southern Tier Health Care Benefit plan
Straight time: $35.15 per hour 55.00 per hour 551.90 per day
Overtime: $52.80 per hour 55.00 per hour (04 | he
*Effective July 1, 2016 — June 30, 2017
Straight time: $36.74 perhour ‘$4.85 per hour $54.00 per day
Overtime: $55.11 per hour $4.85 per hour -0- G15),

“Revised Health and Wage rates due to $.15 increase in Southern Tier Health Care Benefit plan

Straight time: $36.59 per hour $5.00 per hour 554.00 per day
Overtime: 554.96 per hour 35.00 per hour -0- GAS)n&

18


Gis, Bee iw, 8981

Trustees, Whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to
participate in the Fund, and ihe Employer shall be responsible for all the benefits and all other charges spevitied
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at 8 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 oper 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 t make contributions on all these employees for as long as there shall be o
collective bargaining agreement between the Employer and the Union, sttbject to any and all rules and rexulations 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 Purticipation Ayreement be declared to be in violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute of regulation, such declaration
shall inno 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 fo a
maximum of one fall calendur year.

7. [fan employee is granted a leave of absence, the Employer shall collect fron said employee, prior to the leave of
absence being effective, sufficient moni¢s 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 # leave and docs not so comply, the Employer must pay the contributions subject to al) other
requirements in paragraph 2 herein.

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

9, Ifa 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, Ifa regular employee
Js injured on the job. the Employer shall continue to pay the required contributions until such employee returns te
work. However, such contributions shall not be paid for a period of more than 52___ weeks,

10. Allactions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
Of 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 aguinst any claimant, applicant, employee, participant, the Union or the Employer pertaining ta 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 siability arbitration
proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafier “Union") and
Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund
(hereinafier “Fund"), The Employer. its participating employees. and the Union, as a condition of participation in
this Fund, aré bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
hereafier adopted,

(b) The Employer and Union understand and agree that the Pund contributions shall be made, as set forth herein,
on all employees doing bargaining unit work, irrespective of whether sald employees are fiull-time, part-time, casual
br 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 Parti¢ipation Agreement.

(c) The Eraployer agrees 10 contribute as follows, not to exeeed the tmuxintum=

Covered Group of Employees (Detine) “arinnusomon, Foriitt Oporatoes & Maintenanoa (Hired alter May 25, 2005)

REHABILITATION

Rates of Contribution: Hourly Weekly CONTRACT TYPE. SCHEDULE (attached)
Effective: sresatrmeras $0 20.00 UPS Dofault
Effective 22ers + 34.00 FREIGHT — National Schedule A
Effective stewnmwes = 4.09 0.00 FREIGHT — Area Schedule B
Effective CONSTRUCTION Schedule C
Effective MUNICIPAL Schedule D
Effective OTHER 0 Schedule &
Covered Eniplovees: [M1] Bargaining (1) Non-Bargalning

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 daty 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 muke the
Employer liable for all employee benefit claims which are incurred during the petiod of delinquency, damages,
reimbursement 40 the Fund for the Fund's atiomeys’ 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 delingwent 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 tte 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 Bonrd of


3694

contribute by contract or statute, c) the date the NLRB cenifies the results of an election that terminates the Union's
represemative status or, d) the date the Union's representative status terminates through a valid disclaimer of interest, The
Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the
Union and such payments shall be made in accordance with the rules and regulations of the Fund. A new Participation
Agreement must be signed and submitted for each ne collective bargaining agreement,

{10/15

[5/9/18

Effective date of collective bargaining agreement;

Ex

ion date of collective bargaining agreenvent:

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, Further, to the extent there exists any conflict between any provisions of this
Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control.

The parties hereto have caused this Participation Agreement {0 be executed on the date shown by each of their signatures below,

LOCAL UNION# 317 EMPLOYER: Saunders Concrete (Nedraw)

ADDRESS; POBox A

Department
Redacted by the U

of the

Treasury lof the Treasury

PRINT NAME:Duane Wright PRINT NAME:
PRINT TITLE: President _ PRINT TITLE; President

DATE: {| nee

racy Saunders

NEW YORK STATE
13] NORTHERN CO
MAILING ADDRESS

SION AND RETIREMENT FUND

2
NE

Y YORK 13221-4928

pate:__ AVTIA

SIGNATURE:

REY, 201407


SY3

contribute by contract or statute, c) the date the NLRB certifies the results of an election that terminates the Union's
representative status or, d) the date the Union's representative status terminates through a valid disclaimer of interest. The
Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the
Union and such payments shall be made in accordance with the rules and regulations of the Fund. A new Participation
Agreement must be signed and submitted for each successor collective bargaining agreement.

[UNE 1, 2014
|MAY 31, 2017

Effective date of collective bargaining agreement:

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. Further, to the extent there exists any conflict between any provisions of this
Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control,

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

LOCAL UNION# 449 EMPLOYER: Scranton's Thruway Builders Supply

ADDRESS: ADDRESS: 3360 Walden Avenue

Depew NY 14043

Redacted by the U.S. Department of the
Treasury

PRINT NAME: Qasrae= Sy. Qiaes:
PRINT TITLE:Presidant PRINT TITLE: ysis Mowe
DATE: Z)E fis DATE: SAQxs

/ I Redacted by the U.S.

Pete beeim SION AND RETIREMENT FUND
212
F, NEW YORK 13221-4938

DATE: ilo

SIGNATURE;

PRINT NAME: Jefrey'S.

NEW YORK STATE T!
151 NORTHERN CONC
MAILING ADDRESS;

SIGNATURE:

REV. 201407