BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 NEW YORK 

LABOR AGREEMENT 

INDEX 

 ARTICLE PAGE

WAGE SCHEDULE I 2 – 7 

EFFECTIVE DATE, TERMINATION, AMENDENTS II 8 

RECOGNITION III 8 – 9 

WHAT CONSTITUTES MASONRY IV 9 – 15 

JURISDICTION, FOREMEN, EMPLOYMENT PROCEDURES V 15 – 16 

PREVAILING WAGE VI 16 - 17 

GENERAL CONTRACTORS & SUB-CONTRACTORS 

RESPONSIBILITIES VII 17– 19 

NATIONAL JOINT BOARD DECISION, INTERNATIONAL 

AGREEMENT AND MEMORANDUM OR UNDERSTANDING VIII 19 

HOURS, WAGE RATES, HOLIDAYS: COMMERCIAL IX 20 - 22 

LIQUIDATED DAMAGES, DELINQUENCY PAYMENT 

AND REPORTS X 23 

HOURS, WAGE RATES, HOLIDAYS: HEAVY AND HIGHWAY XI 23 - 24 

SHOP STEWARDS AND REPRESENTATION XII 25 

GENERAL CONDITIONS XIII 25 - 27 

SAFETY AND SUBSTANCE POLICY XIV 27 

GRIEVANCES AND ARBITRATION PROCEDURES XV 28 - 29 

APPRENTICESHIP XVI 29 

TRUST FUNDS AND JOINT BENEFIT AND ADMINISTRATION XVII 30 - 34 

FUND ACCOUNT 

BONDING XVIII 34 

SIGNATORIES XIX 34 

DURATION XX 35 

SIGNATURE PAGE 36 

TOWNSHIPS 

Page 1 of 36 Pages 
BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 NEW YORK 

1 SCOBIE DRIVE, NEWBURGH, NY 12550 

PHONE: 845-565-8344 FAX: 845-565-7595 

ARTICLE 1 

WAGE SCHEDULE – CHAPTER 1 

EFFECTIVE 6/1/2014 THROUGH 5/31/2015 

PUTNAM, ROCKLAND AND WESTCHESTER COUNTIES 

INCLUDING THE TOWNSHIP OF TUXEDO 

IN ORANGE COUNTY 

WAGE BREAKDOWN 

 HEAVY AND 

 COMMERCIAL HIGHWAY 

WAGE RATE $33.29 $33.79 

WELFARE $ 9.00 $ 9.00 

**VACATION (PAYROLL DEDUCTION) $ 2.65 $ 2.65 

BAC 5 PENSION $13.49 $13.49 

I.U. PENSION $ 1.25 $ 1.25 

ANNUITY $ 3.84 $ 3.84 

**BAC 5 CHECK-OFF (PAYROLL DEDUCTION) $ 2.54 $ 2.54 

**I.U. CHECK-OFF (PAYROLL DEDUCTION) $ .69 $ .69 

I.M.I. $ .73 $ .73 

I.A.F. $ .40 $ .40 

JATC $ .76 $ .76 

LMC $ .30 $ .30 

 TOTAL $68.94 $69.44 

TOTAL FRINGES (Including VACATION AND CHECK-OFF) 35.65 

TAXABLE HOURLY WAGE RATE: $39.17 – COMMERCIAL 

TAXABLE HOURLY WAGE RATE: $39.67 – HEAVY AND HIGHWAY 

***To be deducted from Employees Wages after Taxes Have Been Deducted. Employee to submit signed 

authorization. 

PLEASE NOTE: CEMENT MASONS overtime will now be paid at time and one half the regular straight 

taxable hourly rate and overtime fringes will be paid at time and one half at the fringe benefit rate. 

Page 2 of 36 Pages 
BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 NEW YORK 

1 SCOBIE DRIVE, NEWBURGH, NY 12550 

PHONE: 845-565-8344 FAX: 845-565-7595 

ARTICLE 1 

WAGE SCHEDULE – CHAPTER 2 

EFFECTIVE 6/1/2014 THROUGH 5/31/2015 

DUTCHESS, ORANGE, SULLIVAN AND ULSTER COUNTIES 

EXCLUDING THE TOWNSHIP OF TUXEDO 

IN ORANGE COUNTY 

WAGE BREAKDOWN 

 HEAVY AND 

 COMMERCIAL HIGHWAY 

WAGE RATE $32.54 $33.04 

WELFARE $ 8.90 $ 8.90 

**VACATION (PAYROLL DEDUCTION) $ 2.65 $ 2.65 

BAC 5 PENSION $13.39 $13.39 

I.U. PENSION $ 1.25 $ 1.25 

ANNUITY $ 3.50 $ 3.50 

**BAC 5 CHECK-OFF (PAYROLL DEDUCTION) $ 2.50 $ 2.50 

**I.U. CHECK-OFF (PAYROLL DEDUCTION) $ .68 $ .68 

I.M.I. $ .73 $ .73 

I.A.F. $ .40 $ .40 

JATC $ .76 $ .76 

LMC $ .30 $ .30 

 

 TOTAL $ 67.60 $ 68.10 

TOTAL FRINGES (Including VACATION AND CHECK-OFF) $35.06 

TAXABLE HOURLY WAGE RATE: $38.37 - COMMERCIAL 

TAXABLE HOURLY WAGE RATE: $38.87 – HEAVY AND HIGHWAY 

***To be deducted from Employees Wages after Taxes Have Been Deducted. Employee to submit signed 

authorization. 

 

PLEASE NOTE: CEMENT MASONS overtime will now be paid at time and one half the regular straight 

taxable hourly rate and overtime fringes will be paid at time and one half at the fringe benefit rate. 

Page 3 of 36 Pages 
BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 NEW YORK 

1 SCOBIE DRIVE, NEWBURGH, NY 12550 

PHONE: 845-565-8344 FAX: 845-565-7595 

ARTICLE 1 

WAGE SCHEDULE – CHAPTER 1 

EFFECTIVE 6/1/2015 THROUGH 5/31/2016 

PUTNAM, ROCKLAND AND WESTCHESTER COUNTIES 

INCLUDING THE TOWNSHIP OF TUXEDO 

IN ORANGE COUNTY 

WAGE BREAKDOWN 

 HEAVY AND 

 COMMERCIAL HIGHWAY 

WAGE RATE $33.65 $34.15 

WELFARE $ 9.00 $ 9.00 

**VACATION (PAYROLL DEDUCTION) $ 3.00 $ 3.00 

BAC 5 PENSION $13.49 $13.49 

I.U. PENSION $ 1.30 $ 1.30 

ANNUITY $ 4.85 $ 4.85 

**BAC 5 CHECK-OFF (PAYROLL DEDUCTION) $ 2.57 $ 2.57 

**I.U. CHECK-OFF (PAYROLL DEDUCTION) $ .71 $ .71 

I.M.I. $ .76 $ .76 

I.A.F. $ .40 $ .40 

JATC $ .81 $ .81 

LMC $ .30 $ .30 

 TOTAL $70.84 $71.34 

TOTAL FRINGES (Including VACATION AND CHECK-OFF) $37.19 

TAXABLE HOURLY WAGE RATE: $39.93 – COMMERCIAL 

TAXABLE HOURLY WAGE RATE: $40.43 – HEAVY AND HIGHWAY 

***To be deducted from Employees Wages after Taxes Have Been Deducted. Employee to submit signed 

authorization. 

PLEASE NOTE: CEMENT MASONS overtime will now be paid at time and one half the regular straight 

taxable hourly rate and overtime fringes will be paid at time and one half at the fringe benefit rate. 

Page 4 of 36 Pages 
BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 NEW YORK 

1 SCOBIE DRIVE, NEWBURGH, NY 12550 

PHONE: 845-565-8344 FAX: 845-565-7595 

ARTICLE 1 

WAGE SCHEDULE – CHAPTER 2 

EFFECTIVE 6/1/2015 THROUGH 5/31/2016 

DUTCHESS, ORANGE, SULLIVAN AND ULSTER COUNTIES 

EXCLUDING THE TOWNSHIP OF TUXEDO 

IN ORANGE COUNTY 

WAGE BREAKDOWN 

 HEAVY AND 

 COMMERCIAL HIGHWAY 

WAGE RATE $32.91 $33.41 

WELFARE $ 8.90 $ 8.90 

**VACATION (PAYROLL DEDUCTION) $ 3.00 $ 3.00 

BAC 5 PENSION $13.39 $13.39 

I.U. PENSION $ 1.30 $ 1.30 

ANNUITY $ 4.50 $ 4.50 

**BAC 5 CHECK-OFF (PAYROLL DEDUCTION) $ 2.53 $ 2.53 

**I.U. CHECK-OFF (PAYROLL DEDUCTION) $ .70 $ .70 

I.M.I. $ .76 $ .76 

I.A.F. $ .40 $ .40 

JATC $ .81 $ .81 

LMC $ .30 $ .30 

 

 TOTAL $ 69.50 $ 70.00 

TOTAL FRINGES (Including VACATION AND CHECK-OFF) $36.59 

TAXABLE HOURLY WAGE RATE: $39.14 - COMMERCIAL 

TAXABLE HOURLY WAGE RATE: $39.64 – HEAVY AND HIGHWAY 

***To be deducted from Employees Wages after Taxes Have Been Deducted. Employee to submit signed 

authorization. 

PLEASE NOTE: CEMENT MASONS overtime will now be paid at time and one half the regular straight 

taxable hourly rate and overtime fringes will be paid at time and one half at the fringe benefit rate. 

Page 5 of 36 Pages 
BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 NEW YORK 

1 SCOBIE DRIVE, NEWBURGH, NY 12550 

PHONE: 845-565-8344 FAX: 845-565-7595 

ARTICLE 1 

WAGE SCHEDULE – CHAPTER 1 

EFFECTIVE 6/1/2016 THROUGH 5/31/2017 

PUTNAM, ROCKLAND AND WESTCHESTER COUNTIES 

INCLUDING THE TOWNSHIP OF TUXEDO 

IN ORANGE COUNTY 

WAGE BREAKDOWN 

 HEAVY AND 

 COMMERCIAL HIGHWAY 

WAGE RATE $33.95 $34.45 

WELFARE $ 9.00 $ 9.00 

**VACATION (PAYROLL DEDUCTION) $ 3.40 $ 3.40 

BAC 5 PENSION $13.49 $13.49 

I.U. PENSION $ 1.35 $ 1.35 

ANNUITY $ 6.00 $ 6.00 

**BAC 5 CHECK-OFF (PAYROLL DEDUCTION) $ 2.60 $ 2.60 

**I.U. CHECK-OFF (PAYROLL DEDUCTION) $ .73 $ .73 

I.M.I. $ .76 $ .76 

I.A.F. $ .40 $ .40 

JATC $ .81 $ .81 

LMC $ .30 $ .30 

 TOTAL $72.79 $73.29 

TOTAL FRINGES (Including VACATION AND CHECK-OFF) $38.84 

TAXABLE HOURLY WAGE RATE: $40.68 – COMMERCIAL 

TAXABLE HOURLY WAGE RATE: $41.18 – HEAVY AND HIGHWAY 

***To be deducted from Employees Wages after Taxes Have Been Deducted. Employee to submit signed 

authorization. 

PLEASE NOTE: CEMENT MASONS overtime will now be paid at time and one half the regular straight 

taxable hourly rate and overtime fringes will be paid at time and one half at the fringe benefit rate. 

Page 6 of 36 Pages 
BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 NEW YORK 

1 SCOBIE DRIVE, NEWBURGH, NY 12550 

PHONE: 845-565-8344 FAX: 845-565-7595 

ARTICLE 1 

WAGE SCHEDULE – CHAPTER 2 

EFFECTIVE 6/1/2016 THROUGH 5/31/2017 

DUTCHESS, ORANGE, SULLIVAN AND ULSTER COUNTIES 

EXCLUDING THE TOWNSHIP OF TUXEDO 

IN ORANGE COUNTY 

WAGE BREAKDOWN 

 HEAVY AND 

 COMMERCIAL HIGHWAY 

WAGE RATE $33.20 $33.70 

WELFARE $ 8.90 $ 8.90 

**VACATION (PAYROLL DEDUCTION) $ 3.40 $ 3.40 

BAC 5 PENSION $13.39 $13.39 

I.U. PENSION $ 1.35 $ 1.35 

ANNUITY $ 5.65 $ 5.65 

**BAC 5 CHECK-OFF (PAYROLL DEDUCTION) $ 2.57 $ 2.57 

**I.U. CHECK-OFF (PAYROLL DEDUCTION) $ .72 $ .72 

I.M.I. $ .76 $ .76 

I.A.F. $ .40 $ .40 

JATC $ .81 $ .81 

LMC $ .30 $ .30 

 

 TOTAL $ 71.45 $ 71.95 

TOTAL FRINGES (Including VACATION AND CHECK-OFF) $38.25 

TAXABLE HOURLY WAGE RATE: $39.89 - COMMERCIAL 

TAXABLE HOURLY WAGE RATE: $40.39 – HEAVY AND HIGHWAY 

***To be deducted from Employees Wages after Taxes Have Been Deducted. Employee to submit signed 

authorization. 

PLEASE NOTE: CEMENT MASONS overtime will now be paid at time and one half the regular straight 

taxable hourly rate and overtime fringes will be paid at time and one half at the fringe benefit rate. 

7 of 36 Pages 
LABOR AGREEMENT 

ARTICLE II 

EFFECTIVE DATE, TERMINATION, AMENDMENTS 

2.1 This Agreement is entered into this first day of June, 2011 by and between the Construction Contractors 

 Association of the Hudson Valley (C.C.A.), Building Contractors Association (B.C.A.) and the Mason and 

Concrete Contractors Association of the Hudson Valley (M.C.C.A.H.V.) (hereinafter referred to as the 

Associations), for and on behalf of their members as set forth in Schedule A attached hereto and other contractors 

who are signatory hereto or who may become signatory hereto (hereinafter referred to as the Employer), and the 

INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 5 NEW YORK 

(hereinafter referred to as the Union or BAC 5 NY). 

The Association agrees to furnish to the Union a list of all members of the Association denoting those members 

bound to the terms of this Agreement, the honorary members, independent members, and any other classes or 

groups of members. 

2.2 This Agreement shall be effective commencing June 1, 2011, shall continue in full force to and including 

May 31, 2014, and shall be automatically continued thereafter as per Section 3.2 unless written notice of decision 

to negotiate a new Agreement, in whole or in part, is given in writing by either party to the other not later than 

sixty (60) days nor more that ninety (90) days prior to the expiration date or any anniversary date thereafter. The 

parties may at any time mutually agree to change or amend any part of this Agreement and such changes or 

modifications shall not affect the continuing nature of this Agreement. 

ARTICLE III 

RECOGNITION 

3.1 Inasmuch as (1) the Union has requested recognition as the majority, Section 9 (a), representative of the 

Employees in the bargaining unit described herein and (2) has submitted or offered to show proof of its majority 

support by those Employees, and (3) the Employer is satisfied that the Union represents a majority of the 

bargaining unit Employees, the Employer recognizes the Union, Pursuant to Section 9 (a) of the National Labor 

Relations Act, as the exclusive collective bargaining agent for all employees within that bargaining unit, on all 

present and future jobsites within the jurisdiction of the Union. 

3.2 The parties agree that the collective bargaining unit covered by this Agreement is a multi-employer 

bargaining unit consisting of employer members of the Construction Contractors Association of the Hudson Valley 

Inc. (C.C.A.), Building Contractors Association (B.C.A.) and the Mason and Concrete Contractors Association of 

the Hudson Valley (M.C.C.A.H.V.) that are bound to this Agreement as well as any individual employers who are 

not members of the association but who signed the Agreement or agreed to be bound to it. Any non-association 

individual employer that agrees to this Agreement agrees that it thereby becomes a member of the multi-employer 

bargaining unit. Any such individual employer further agrees that it shall be bound by any future collective 

bargaining agreement and/or modifications, renewals, revisions, of this Agreement, negotiated between the 

associations and BAC 5 for this multi-employer bargaining unit including, but not limited to an expansion of the 

territorial jurisdiction of BAC Local 5 NY and all increases in the wages and fringe contributions. This constitutes 

a delegation of bargaining authority by any such non-member individual employer to the associations and it is 

intended thereby that such individual employer be bound by group rather than individual bargaining action. 

Page 8 of 36 Pages 
3.3 It is the intent of the parties hereto to abide by all applicable Federal and State statutes covering the 

subject matter of this Agreement. Should any provision or provisions of this Agreement be determined to be 

contrary to any such State or Federal Statue, then such provision shall continue in effect only to the extent 

permitted and all other provisions of this Agreement shall remain in full force and effect. In the event that any 

provision or provisions are finally determined to be invalid, the parties shall meet without delay for the purpose of 

determining substitute provisions which comply with all applicable Federal and State Statues and which 

accomplish the same purpose, or substantially the same purpose, as the provision declared invalid. Said substitute 

provisions shall thereupon be incorporated in this Agreement in lieu of the provision declared to be invalid, 

assuming the purposes are not declared unlawful. 

3.4 BAC 5 NY is a separate organization functioning in conformity to the International Union Constitution 

Neither BAC 5 NY nor its Officers, employees, or members, shall have the power to act, not be deemed to act, on 

behalf of or as an agent for, or to legally bind, any other affiliate or member thereof, the International Union 

Executive Board, any of the International Union Officers, or the International Union, unless such authority is 

expressly granted by the provisions of the International Union Constitution or in writing by the Board. 

It is understood that nothing in this Agreement shall interfere with the right of BAC 5 NY to obey all laws and 

rules of the International Union and the mandates of the International Union Executive Board. 

3.5 Copies of the Bricklayers and Allied Craftworkers International Union of America’s Constitution and 

Rules of Order and Bricklayers and Allied Craftworkers Local 5 NY Constitution and By-Laws will be supplied to 

employers if requested by certified mail. 

ARTICLE IV 

WHAT CONSTITUTES MASONRY 

4.1 BRICK MASONRY – Bricklaying masonry shall consist of the laying of bricks made from any material 

in, under or upon any structure or form or work where bricks are used, whether in the ground, or over its surface, 

or beneath water: in commercial buildings, rolling mills, iron works, blast or smelter furnaces, lime or brick kilns; 

in the mines or fortifications, and in all underground work, such as sewers, tunnels, telegraph, electric and 

telephone conduits, including the installation of substitutes for bricks such as: all carbon materials, karbate, 

impervite or mixtures. All acid resistant materials. All terra cotta and porcelain materials. All cutting of joints, 

pointing, cleaning and cutting of all masonry walls, fireproofing, block-arching, terra cotta cutting and setting, the 

laying and cutting of all tile, plaster, mineral wool, cork blocks and glass masonry, or any substitute for above 

materials. The cutting, rubbing and grinding of all kinds of brick and the setting of all cut stone trimmings on 

brick buildings, and the preparations and erection of plastic castables or any refractory material. 

The cutting of openings on all masonry walls up to twenty-five (25) square feet and the cutting of chases and 

channels in brick, tile and other masonry shall be done by employees covered by this Agreement. The mason shall 

have the right to use all tools necessary to complete his work – including but not limited to hand tools, power tools, 

electric and air hammers or chipping guns. Cleaning, grouting, pointing, sand blasting, and other work necessary 

to achieve and complete the work under the foregoing category shall be the work of the employees covered by this 

Agreement. All waterproofing and black mastic waterproofing, silicone and/or substitutes sandwiched between 

masonry units in the interiors of the walls. 

The cleaning or washing down of all masonry work whether by hand or machine. 

All terra cotta called unit tile in sizes over 6” x 12” regardless of method of installation. All quarry tile over 

9” x 9” x 1 1⁄4” in size. Split brick or quarry tile or similar material if bedded and jointed with one operation. The 

bedding, jointing, and pointing of the above materials. 

Page 9 of 36 Pages 
All burnt clay extruded cellular products regardless of trade name or method of installation when used as a veneer 

on structures. 

All clay products known as terra cotta tile, unit tile, ceramic veneer and machine-made terra cotta and like 

materials in sizes larger than 6” x 12”, regardless of the method of installation shall be the work of the employees 

covered by this agreement. 

Where the preponderance of material to be installed is of the above sizes, and when material of lesser sizes is to be 

used in connection therewith, the installation of all such materials. 

The laying or setting of flat-faced tile of every description when in mortar on all flat roofs or promenade roofs. 

Brick paving comes under bricklayers’ trade classification. 

4.2 STONE MASONRY – Shall consist of laying all rip rap, rubble work, with or without mortar, that are 

placed to form a uniform or even surface, or where the material is trimmed to fit. 

The setting of all cut stone, marble, slate or stone work (meaning as to stone, any work manufactured from such 

foreign or domestic products as are specified and used in the interior or on the exterior of buildings by architects, 

and customarily called "“stone"”in the trade.) 

Cutting all shoddies, broken ashlar, random ashlar that is roughly dressed upon the beds and joints, and range 

ashlar not over ten (10) inches in height; the dressing of all jambs, corners and ringstones that are roughly dressed 

upon the beds, joints and reveals, and the cutting of a draft upon same for plumbing purposes only; and the 

cleaning, cutting of joints and pointing of stone work. This is to apply to all work on buildings, sewers, roads, 

highways, bridges, railroads, tunnels, bulkheads, breakwaters, jetties, playgrounds, parks, landscaping and curbing, 

or other public works, and to all kinds of stone, particularly to the product of the locality where the work is being 

done. 

Stone masons shall have the right to use all tools, which they consider necessary in the performance of their work. 

Cleaning, grouting, pointing, and all other work necessary to achieve and complete the work under the foregoing 

category. 

The stone mason shall have sole jurisdiction over hand derricks in connection with the setting of stone. 

4.3 ARTIFICIAL MASONRY – The cutting, setting and pointing of cement blocks and all artificial stone or 

marble, either interior or exterior when set by the usual custom of the stone mason and marble setter. All cement 

that is used for backing up external walls, the building of party walls, columns, girders, beams, floors, stairs and 

arches and all materials substituted for the clay or natural stone product. 

The Bricklayer shall perform the complete installation and related finish work of all AAC. (Autoclaved Aerated 

Concrete) These operations include, but are not limited to, the cutting, fitting and the applications of mortar and/or 

other cementious materials used for the setting and bonding purposes as well as the actual laying of the AAC block 

units into position. The routing, drilling, cutting and patching for all mechanical piping and 

openings. The preparation, assembly, unloading, selecting or staging of AAC panels, hooking on, signaling, 

drilling, cutting, installation of support angles or strut supports, fitting, bedding, landing, setting, leveling, 

plumbing, aligning, fastening, anchoring (whether by bolt, clip, pin or weld), insulation, caulking, grouting, 

patching, cleaning, waterproofing and installation of all AAC units. This also includes all work operations 

Page 10 of 36 Pages 
related to the installation and applications of all coating, covering and veneer systems (both exterior and interior) 

on all AAC units. These work operations include, but are not limited to; preparation of walls, the mixing and 

applications of any and all finish coating materials by any method (i.e. trowel on, machine, spray on, etc..) or any 

other device deemed necessary to produce the desired finish surface. 

All artificial masonry, the cutting, setting and pointing of all concrete prefabricated slabs, concrete window 

mullions, lintel and sprandel beams regardless of dimension size. 

All designed interior and exterior mechanical attachment systems such as, but not limited to, E.I.F.S. drywall 

systems, water management systems and dowell systems. 

All ready mixed textured and untextured wall coatings, and dry unmixed material coatings. 

All synthetic systems, all cementatious systems, all below grade and above grade systems, and all pre-fabricated 

panel systems. 

All systems (thermal) used to insulate, protect and or decorate the exterior or interior of a building. 

All adhesive systems used in adhering to substrates. 

All dispersion adhesives with cement or other additives, used above or below grade (ground). 

All insulation board and reinforcing fiberglass mesh and the rasping of the insulating boards, the application of all 

primers and sealants and the rasping of insulating boards. 

All performance materials for fire and sound resistant construction (shall be the work of employees covered by this 

agreement). 

All gypsum base plaster interior and exterior veneer base coats and veneer finish plasters. 

All metal trim such as, but not limited to, corner beads, control joints, decorative joints and strip lath. 

All glass fiber open weave tape and all sheet rock joint tape. 

All base coat and finish wall plaster. 

The mixing and installing (application) of all molding plaster, retarders, accelerators, bonders and add mixes 

fortifiers. 

The repair of all systems due to, but not limited to, punctures, damaged corners, craze cracks, bleeding, blistering, 

buckling, board failure, cat faces etc. and the operation of all use of any type nozzle. 

On all plastering and gunite machines shall be the work of the employees covered by this agreement. 

The application of all types of taping compounds, dry bag mix and bucket pre mixed, when used for what is 

commonly known as level (5) five, but not limited to the term. 

Page 11 of 36 Pages 
4.4 CEMENT MASONRY - Straight edging, floating, trowelling, edging, rubbing and brushing work. 

Laying out, screeding, operation of the power screed and finishing of all cement, concrete, brown stone 

composition, mastic and gypsum materials, also for fireproofing, waterproofing, cement and composition base and 

vault lights. The cutting of all cement and concrete for patching, cleaning and finishing. The bush hammering of 

all concrete and flash patching. The operation of the cement gun, the nozzle and the finishing of all material 

applied by the guns, when work is to be performed it is to be of the thickness of one and one-half inches or less, 

also the operation of the cement floor finishing machines. The cement mason shall have the right to use all tools 

necessary to complete his work, including but not limited to hand tools, power tools, electric and air hammers or 

chipping guns. 

The setting of lumber or other materials to determine the proper grade of concrete when used to serve as screeds, 

such as 2” x 4” or other plain pieces of material when held in place by stakes and/or spreaders. A screed is a strip 

of wood or metal used as a guide for leveling or grading a concrete floor, slab or sidewalk. Any bulkhead that is 

one single board in height (not to exceed twelve inches) shall be set and braced or staked by employees covered by 

this Agreement providing same is used as a screed. The term bulkhead shall mean a form or screed erected for the 

purpose of separating pours of concrete. 

The setting of all forms for sidewalks, curbs and gutters. 

The installation and erection of all types of precast, prestressed concrete, stone or imitation stone or other 

fabricated masonry units when installed as wall panels by means of bolting and/or welding to structural steel or 

concrete frame construction. 

The following units are to be recognized as coming within the meaning of “precast”, prestressed concrete stone or 

imitation stone or other fabricated masonry units when installed as wall panels by means of bolting and/or welding 

to structural steel or concrete frame construction. 

Any fabricated masonry unit, which may be included as a component of the exterior wall system such as fins, 

mullions, sunshades, sprandel units, window units and panels, the cutting, fitting. Bedding, pointing, caulking, 

grouting and installation of gaskets. The plumbing, aligning, leveling and anchoring, including bolting and/or 

welding. 

The setting and erection of fiberglass stone faced wall panels, and the drilling of holes and securing of the panels. 

The plumbing, aligning, leveling installation of gaskets, routing, caulking, bracing and anchoring which includes 

metal clips, bolting and welding of all precast panels, columns, roofs and floor slabs. 

The chipping, cutting, grinding, patching and rubbing of concrete surfaces necessary to correct imperfections 

caused by sagging, bulging or separation of concrete forms, or by the deterioration, scaling or cracking of concrete. 

The application of a brush-coat cement base material as part of the operation of patching concrete is the work of 

the cement mason when the color of the cement base is substantially the same as the surface to which it is applied. 

The filling of air holes that exceed 1/8” regardless of the color of the cement base material when patching concrete. 

The removal and patching of snapties. 

The setting of precast re-enforced concrete slabs for roof tiling or flooring when such are to be laid in or grouted 

with cement, lime or gypsum. 

Page 12 of 36 Pages 
All chipping and cutting of concrete or other masonry units that is necessary to trace sources of leakage and to 

prepare surfaces of such units for installation of materials used in stopping leakage in such units 

The installation of materials used in the stoppage of leaks in concrete or other masonry units. 

The application of non-decorative materials for waterproofing or damp proofing on new or used concrete. 

For the purpose of defining non-decorative it shall mean: 

(a) Sand and cement coats, with or without damp-proofing additive substantially where no color is 

added. 

(b) Sand and cement coats, with or without damp of waterproofing additive substantially the same 

color as the surface to which it is applied. 

(c) Damp and waterproofing materials, identified as such by the manufacturer, which is 

substantially the same color as the surface to which it is applied. Substantially the same “shall 

be white or gray cement or clear silicone, and shall apply under the “non-decorative” as well as 

“decorative” paragraphs of this section.) 

The application of the following materials including the cleaning, priming and preparation of concrete floor 

surfaces to receive concrete stains, sealers, chemical curers, hardeners and waxes: the aforementioned materials 

included in concrete prior to pouring or in the finishing process performed during the curing period (not to exceed 

one week): 

The sandblasting and etching of concrete to expose aggregate. 

4.5 MARBLE MASONRY – Shall consist of the carving, cutting and setting of all marble, slate, including 

slate blackboards, stone, albereen, carrara, sanionyx, vitrolite, and similar opaque glass, scaglioa, marbleithic, and 

all artificial, imitation or cast of whatever thickness or dimension. This shall apply to all interior work, such as 

sanitary, decorative and other purposes inside of buildings of every description wherever required, including all 

polish, hones or sand finish; also the cutting and fitting of above materials after they leave mille or shop, as well as 

all accessories in connection with the work, and the laying of all marble tile, slate tile and terrazzo tile. 

Vitrolite and similar structural glass, when set on outside walls of buildings or structures, in mortar, cement or 

plastic material or when anchored to the wall. When glass is used of a thickness of more than one-half inch, its 

installation. 

4.6 PLASTERING – All exterior or interior plastering, plain and ornamental, when done with stucco, cement 

and lime mortars or patent materials, artificial marble work when applied in plastic form, composition work in all 

its branches, the covering on all walls, ceiling, soffits, piers, columns or any part of a construction of any sort when 

covered with any plastic material in the usual methods of plastering. 

The casting and sticking of all ornaments of plaster or plaster compositions, the cutting and filling of cracks. All 

cornices, molding, coves, and bull nose shall be run in place on rod and white mortar screeds and with a 

regular mold and all substitutes of any kind when applied in plastic form with a trowel, or substitute for same. The 

installation of sticking with plastic material metallic corner beads. 

The application of initial wash coat to exterior plastered surfaces on new work providing the wash is substantially 

the same color as the surface to which it is applied (in all instances gray or white cement base washed are 

considered to be substantially the same as the plastered surface to which they are applied.) 

Page 13 of 36 Pages 
The application of plaster, acoustical or imitation as well as the preparatory pointing and taping of dry-wall 

surfaces that are to receive these finishes. 

4.7 POINTING, CAULKING AND CLEANING – Shall consist of the pointing, caulking and cleaning of 

all types of masonry caulking of all windows and door frames encased in masonry on brick, stone or cement 

structures, or where they abut masonry, including all grinding and cutting out on such work and all sandblasting, 

steam cleaning, pressure washing and gunite work. The sand blasting is to expose aggregate and the sand blasting 

to prepare masonry to receive a new finish. The sand blasting is to be done in connection with the pointing or 

caulking of a building. 

The pointing, cleaning and weatherproofing of all buildings, grain elevators and chimneys built of stone, brick or 

concrete. It shall include all grinding and cutting out, sand blasting and gunite work on same. The tuckpointing of 

oakum and polyurethane rope or other material into expansion joints between the top of all cement block walls and 

steel ceiling decks or steel beams or concrete beams or other areas to be caulked that abut masonry. 

4.8 INSULATION, ACOUSTIC AND CORK - The application of insulation, acoustic and cork when applied 

with mastic or any other plastic material where plastic material or mastic is used to adhere acoustic tile to ceilings 

or walls. All cork and acoustic installations where mastic or other plastic materials are used when such is installed, 

including the cutting of closures to fill out the courses. The stick on application of all insulation board with primus 

adhesive and lamia re-enforcing, such as but not limited to STO or Dry-Vit Systems including the rasping of 

irregularities and the installation of control and expansion of joints. 

The cutting, setting, pouring, pumping or placing of all insulation of any description within or between other 

masonry work including when insulation is applied on the outside of boiler walls in conjunction with refractory 

materials as it progresses (scaffold high) said insulation is the work of the employees covered by this Agreement. 

4.9 MISCELLANEOUS – Installing and distributing natural slate blackboards when set in mastic. 

Application of water clear silicone when used for waterproofing. 

Building in corner guards, bearing plates, loose lintels and the onsite cutting, bending, tieing and placing of 

reinforcing wire, mesh, lathe, rods, dowels, rebar or any other types of reinforcing materials that is built into or any 

integral part of masonry work. The installation of wall ties when installation of the adjustable two-part masonry 

veneer anchoring system is included in the masonry section of the project specifications, the installation, therefore, 

is the responsibility of the masonry contractor and the installation of both parts of the 

anchor (anchor slot and tie) shall be assigned to the employees covered by this Agreement. When the installation 

of the slot anchor portion of the two-part adjustable masonry veneer anchoring system has been awarded to others 

in accordance with the project specifications and the slot anchor portion is installed in conjunction with (in the 

same operation as) the application of the sheathing, the attaching of the anchor slot may be assigned to the craft 

installing the sheathing. However, if the sheathing has been previously installed and the attachment of the slot 

anchors is performed as a separate operation, the installation of slot anchors. The affixing of the tie into the anchor 

slot shall in all cases shall be the work of the employees covered by this agreement. 

The setting, plumbing, leveling and placing of any items which are built into or an integral part of masonry work 

such as frames, sleeves, inserts, etc. 

The placing, cutting and building in of all fabric or cavity flashings within masonry work. 

Use of nozzle when refractory materials are used in furnaces, boiler, stacks, breechings and vessels. 

Page 14 of 36 Pages 
Operation and use of the nozzle on all plastering and gunite machines. 

The placing, leveling and striking off of grout within masonry work whether installed by hand or machine. If grout 

is placed by a machine handling the nozzle of the hose. 

The use of lasers, levels and transits, when required. 

The building, assembling, setting, plumbing or leveling of all temporary guides, supports, centering or coursing 

poles. 

The erection and removal of all scaffolds under fourteen (14) feet in height, including trestles and horses used 

primarily by these employees may be the work of the employees if so assigned by the employer. 

4.10 It is agreed by the employer that the signing of this AGREEMENT SHALL CONSTITUTE THE JOB 

ASSIGNMENTS OF THE AFOREMENTIONED ARTICLE IV; WHAT CONSTITUTES MASONRY, 4.1 

through 4.9 to employees covered by this Agreement. In the event of a jurisdictional dispute (even if such work is 

also covered or claimed to be covered in any other collective bargaining agreements) the work outlined in 

ARTICLE IV: WHAT CONSTITUTES MASONRY, 4.1 through 4.9, will be awarded to and performed by 

employees covered by this Agreement pending a decision by the Joint Arbitration Board as outlined in ARTICLE 

15.1. Such decision shall be final and binding on both BAC 5 NY and the employer. 

4.11 In the event there is a jurisdictional dispute not covered in ARTICLE IV, 4.1 through 4.9, the parties shall 

adhere to the decision of the Joint Arbitration Board as outline in ARTICLE 15.1 

4.12 Bricklayers and Allied Craftworkers Local 5 NY and the employers agree to abide by all previous 

National Joint Board Decisions, International Union Agreements, International Union Memorandums of 

Understanding affecting the work jurisdiction of Bricklayers and Allied Craftworkers Local 5 NY, as outlined in 

ARTICLE VII and VIII. 

ARTICLE V 

JURISDICTION, FOREMAN, EMPLOYMENT PROCEDURES 

5.1 The territorial jurisdiction of BAC 5 NY shall include all of Dutchess, Orange, Putnam, Rockland, 

Sullivan, Ulster and Westchester Counties. Wages for Chapter 1 shall include the township of Tuxedo in Orange 

County and all of Putnam, Westchester and Rockland Counties. Chapter 2 shall include all of Dutchess, Sullivan, 

Ulster and Orange County with the exception of the township of Tuxedo, which shall be included in Chapter 1. 

5.2 The jurisdiction of BAC 5 NY shall be extended to include any additional jurisdiction, whether 

territorial or trade, approved by the International Union which BAC 5 NY may in the future acquire by merger, 

grant, award or in any other manner whatsoever. 

5.3 It is agreed that BAC 5 NY is not an exclusive hiring hall and the right of the employer to employ men of its 

selection shall not be questioned provided that of the total work force, 75% shall be residents of the territory the 

Hudson Valley, Westchester, Rockland and Putnam Building Trades Council. 

5.4 BAC 5 NY agrees to furnish, if available, qualified mechanics if requested by the contractor. When 

possible, the employer shall give at least forty-eight (48) hours notice when requesting men. The 

employer agrees to give notice to BAC 5 NY twenty-four (24) hours prior to discharging employees. 

Page 15 of 36 Pages 
5.5 Foreman shall be trained under a Shadow Program under a prior foreman before being qualified as a 

foreman. 

5.6 The foreman shall have the authority to discharge, and exercise similar supervisory functions as the 

exclusive representative of management. The foreman will be responsible for the efficient and workmanlike 

installation of all work performed. 

5.7 All foreman shall receive in addition to the regular journeyman’s rate a minimum of fifty cents ($.50) 

per hour and shall be guaranteed a full week’s salary unless other arrangements have been mutually agreed upon. 

5.8 No member of BAC 5 NY shall be allowed to work (at the crafts) for any employer that is not a party to 

 this agreement. 

5.9 During the term of this contract, both parties signatory to this agreement agrees that neither the 

 Contractor nor BAC 5 NY will discriminate against any employee or applicant for employment because of race, 

creed, color or national origin, and will take affirmative action to insure that they are afforded equal employment 

opportunities without discrimination because of race, creed, color or national origin. Such action shall be taken 

with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, 

transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, 

including apprenticeship and both parties to this Agreement will affirmatively cooperate within the limits of its 

legal and contractual authority. 

5.10 UNION SECURITY – No later than eight (8) days following the effective date of this Agreement, all 

 present employees must, as a condition of continued employment, be or become members of BAC 5 NY; All 

employees hired after the effective date of this Agreement shall be or become and remain a member of BAC 5 NY 

no later than eight (8) days following the first day of their employment in accordance with the provisions of 

Section 8 of the National Labor Relations Act, as amended. Failure of any employee to comply with the 

provisions of this subsection shall, upon request of BAC 5 NY, result in termination of such employee, provided 

that BAC 5 NY has given the employee four (4) days notice that his obligation to make payment has not been met 

and that his delinquency renders him liable to termination under this section. The employer shall not be obligated 

to dismiss an employee for non-membership of BAC 5 NY: (a) if he has reasonable grounds for believing that 

such membership was not available on the same terms and conditions generally applicable to other members; or (b) 

if he has reasonable grounds for believing that such membership was denied or terminated for reasons other than 

the failure of the employee to tender the periodic dues and initiation fees uniformly required as a condition of 

acquiring or retaining membership. 

5.11 The employer hereby waives any right that he or it may have had, may have to may hereafter acquire to 

 file or process a petition before the NLRB seeking the termination, abrogation, repudiation or cancellation of this 

Agreement or, otherwise challenge the Union’s status as a bargaining agent for its employees prior to the 

expiration of this Agreement in accordance with its terms and agrees not to encourage nor assist its employees in 

any way in doing so. 

ARTICLE VI 

PREVAILING WAGE 

6.1 To maintain an accurate wage rate, each employer shall completely fill out and return to BAC 5 NY for 

each project, a Contractor’s Report of Construction Wage Rates which shall be submitted to the United States 

Department of Labor. Upon receipt of said forms, it shall be the responsibility of BAC 5 NY to submit the 

completed forms to the United States Department of Labor. 

Page 16 of 36 Pages 
6.2 Those employers who have not terminated or amended this Agreement as provided in Article II, then the 

wage schedule as outlined in Article I shall not apply. For work performed after May 31, 2011, wages and fringes 

shall be determined by the prevailing wage rate at that time in the jurisdiction of BAC 5 NY established 

by the United States Department of Labor, New York State Department of Labor or the current Labor 

Agreement negotiated with the Mason and Concrete Contractors Association of the Hudson Valley, whichever is 

greater. 

6.3 The employer shall pay the wages provided in this Agreement to the men on the job where they are 

working before quitting time on each pay day, no more than three (3) days shall be held in any pay period. Pay 

shall be in full. When men do not work on pay day due to weather conditions, they shall be paid not later than 

12:00 noon at the job site. Pay shall be in U.S. currency and a receipt shall be given with all envelopes plainly 

marked with the name of the employer and employee, amount of wages, hours of work, deductions such as social 

security, withholding taxes, etc. 

6.4 In lieu of U.S. currency, checks may be accepted by employees providing that the employer has a New 

York State Certificate approving payment by check, the said employer is not delinquent in fringe benefit payments 

and also providing that the employer has posted a bond if requested by BAC 5 NY to the various trust funds to 

insure payments of fringe benefits and wages. If payment is not made before quitting time, employees shall 

receive waiting time at the double time rate for one hour on pay day. Men may return to work on the next work 

day and will be paid double time until such time as they are paid, in addition to their regular wages. 

6.5 All employers, regardless of the number of employees, shall be required to carry New York State 

 Disability and Unemployment Insurance so that the benefit and protection of unemployment and disability 

insurance coverage will cover all employees. 

ARTICLE VII 

GENERAL CONTRACTORS AND SUB-CONTRACTORS RESPONSIBILITY 

7.1 Employers that have masonry in their contract shall be allowed to sub-let their masonry work. It is 

understood and agreed that the mason work once sub-let by the employer shall not be re sub-let. An employer 

shall not sub-let masonry work once he has started the masonry work. 

7.2 The employer agrees not to sublet, assign or transfer any work covered by this Agreement to be 

performed at the site of a construction project to any person, firm or corporation, except where the sub-contractor 

subscribes and agrees in writing to be bound by the full terms and conditions of this Agreement, and complies with 

all the terms and conditions of this Agreement. 

7.3 All employers employing four or more journeymen on any one job shall agree to provide a suitable tool 

house where tools can be kept in safety, and to afford space for the changing of clothes, also to provide heat during 

cold weather from October 15 through April 15. No materials or equipment shall be stored in the mason’s shanty. 

Employers are to provide clean and sanitary toilet facilities. The shop steward is to have possession of tool house 

keys and one key shall be left in the office. 

7.4 Where a power saw is used to cut any mason’s material, the employee using the saw shall wear goggles, 

gloves, apron, and respirator furnished by the employer. All saw men are to receive one dollar ($1.00) more per 

hour than the regular scale of wages. No dry cutting saws are to be used within the immediate work area of 

Page 17 of 36 Pages 
workers covered under this Agreement. The intent of this restriction is to eliminate the danger of silica dust to 

unprotected workers. 

7.5 If any employer has a job exceeding three (3) days, he shall hire a shop steward who shall be appointed 

by BAC 5 NY for the duration of the job. 

7.6 The employer shall furnish carborundum stones and rubber gloves on all washing down projects. The 

employer shall pay for dressing and sharpening all tools used on the job, on stone work. 

7.7 The employer shall be responsible for his sub-contractor to see that the terms of this Agreement are 

adhered to. The employer shall also be responsible for the sub-contractor’s job assignments as outlined in 

ARTICLE IV, 4.1 through 4.9, WHAT CONSTITUTES MASONRY. 

7.8 If a sub-contractor shall fail to pay the wages of the employees, the employer shall be responsible for the 

employees’ wages for work performed on his job site. The employer who sub-lets masonry work shall also be 

responsible for and be the guarantor of the sub-contractor’s payments of contributions to the various trust funds per 

ARTICLE XVII performed on his job site. 

7.9 (a) In order to protect and preserve, for the employee covered by this Agreement, all work heretofore 

performed by them; to protect the benefits to which employees are entitled under this Agreement; and to 

prevent any device or subterfuge to avoid the protection and preservation of such work or benefits, it is 

hereby agreed as follows: If and when the employer shall perform any work of the type covered by this 

Agreement, within the geographical area of this Agreement, under the name of another, as a corporation, 

company, partnership, or any other business entity, including a joint venture, wherein the employer 

(including its officers, directors, owners, partners or stockholders) exercises either directly or indirectly 

(such as through family members) any significant degree of ownership, management or control, the terms 

and conditions of this Agreement shall be applicable to all such work. 

(b) A charge of a violation of paragraph (a) of this section may be filed by BAC 5 NY and/or the trustees of 

any of the joint trust funds provided for in this Agreement, and shall be considered as a breach of contract 

under this Agreement and if mutually agreed upon by both parties may be processed in accordance with the 

procedures for the handling of grievance and the final binding resolution of disputes, as provided in 

ARTICLE IV of this Agreement. As a remedy for violations of this section, the arbitrator (or arbitration 

body) provided for in ARTICLE XV is empowered, at the request of BAC 5 NY and/or the trustees of the 

joint trust funds, to require an employer to (1) pay to affected employees covered by this Agreement, 

including requested applicants for employment, the equivalent of wages lost by such employees as a result 

of the violations, and (2) pay in to the affected joint trust fund established under this Agreement any 

delinquent contributions to such funds which have resulted from the violations. Provision for this remedy 

herein does not make such remedy the exclusive remedy available to BAC 5 NY for violation of this 

section; nor does it make the same or other remedies unavailable to BAC 5 NY for violations of other 

sections of other articles of this Agreement. 

(c) If, as a result of violations of this section, it is necessary for BAC 5 NY and/or the trustees of the joint trust 

funds to institute court action to enforce an award rendered in accordance with subsection (b) above, or to 

defend an action which seeks to vacate such award, the employer shall pay any accountants’ and attorneys’ 

fees incurred by BAC 5 NY and/or fund trustees, plus costs of the litigation, which have resulted from the 

bringing of such court action. 

(d) Should employees of the employer do masonry work on a project outside the territorial jurisdiction of BAC 

Local 5, then the terms and conditions of the standard (or association) BAC local’s labor agreement in 

effect in the project area will apply, whether or not the employer is signatory thereto. If 

Page 18 of 36 Pages 
there is no standard BAC local labor agreement in effect at the project area, then the terms and conditions of this 

BAC Local 5 labor agreement will apply to such project. 

ARTICLE VIII 

NATIONAL JOINT BOARD DECISIONS, INTERNATIONAL AGREEMENTS, AND MEMORANDUM ON 

UNDERSTANDING 

The Employer agrees to abide by the following: 

1. National Board for Jurisdictional Awards by Executive Council, Building Trades Department, Steamfitters, 

Plumbers, Electricians – May 25, 1926. 

2. United Slate, Tile and Composition Roofers, Damp and Waterproof – February 21, 1911 and amended May 

26, 1923. 

3. Operative Plasters and Cement Finishers International Association and the International Hod Carriers 

Building and Common Laborers Union – July 19, 1948. 

4. Operative Plasters and Cement Finishers International Association and the International Hod Carriers 

Building and Common Laborers Union – February 21, 1924. 

5. United Brotherhood of Carpenters and Joiners of America – June 13, 1944. Building and Construction 

Trades Department – March 17, 1920. 

6. United Brotherhood of Carpenters and Joiners of America – June 13, 1944. 

7. International Association of Bridges Structural and Ornamental Iron Workers – December 6, 1962. 

8. Laborers International Union and Iron Workers International Union – February 28, 1967. 

9. Brotherhood of Painters, Decorators and Paperhangers of America. 

10. Operative Plasters and Cement Masons International Association – November 29, 1961. 

11. Glaziers and Bricklayers International Union Agreement – June 14, 1938 

12. Heat and Frost Insulators and Asbestos Workers – January 28, 1954. 

13. United Brotherhood of Carpenters – February 11, 1931 and Operative Plasters and Cement Masons 

International Association – April 2, 1919. 

14. Brotherhood of Painters – May 5, 1958. 

15. United Brotherhood of Carpenters – April 4, 1931. 

16. Operative Plasters and Cement Masons International Association and Laborers and United Brotherhood of 

Carpenters – April 28, 1920 and Asbestos Workers – January 28, 1954. 

Page 19 of 36 Pages 
ARTICLE IX 

HOURS, WAGE RATE, HOLIDAY 

COMMERICAL 

9.1 COMMERCIAL – Commercial rates and hours and holidays shall apply to all construction performed 

exclusive of heavy highway as outlined in ARTICLE IX. 

9.2 On and after June 1, 2008, the wages shall be as prescribed in ARTICLE I, Wage Schedule. The normal 

work day shall be eight (8) hours. If it is necessary, due to inclement weather, the employer may use a 

seven hour day on a limited basis. The normal starting and quitting times may be changed by mutual 

consent of the employer and BAC 5 NY. A period of five minutes time shall be allowed at 12:00 noon and 

3:30 or 4:30 p.m. to walk to the tool shed and to pick up tools. 

(a) All work performed outside the regularly scheduled hours shall be paid at time and one half the regular 

straight taxable hourly rate. 

(b) In the event time is lost due to inclement weather or conditions beyond the contractor’s control, 

Saturday may be used as a make up day with wages and fringes paid at the straight time hourly rate per 

the following conditions. The contractor must obtain permission from BAC 5 NY. No employees will 

be forced or penalized for not agreeing to work on Saturday and the work to be performed on Saturday 

must be limited to the employees currently working on the jobsite. Any additional employees needed 

will be placed by BAC 5 NY. Employees will be paid per ARTICLE IX, Section 9.2 (a), if other 

employees of the contractor are paid at a premium overtime rate that day. 

(c) Lunch break for cement masons shall be from 12:00 noon through 12:30 p.m. Employees that do not 

receive a one half hour lunch break in this period shall receive time and one half the regular straight 

taxable hourly rate. Fringe on said overtime hours shall be paid at time and one half. 

(d) Recommended but not mandatory footage per cement pours are as follows: 

1,000 – 5,000 sq. ft. approximately 1,000 sq. ft. per employee recommended. 

 5,000 – 6,000 sq. ft. min. 4 – 6 masons 

 7,000 – 8,000 sq. ft. min. 5 – 7 masons 

 8,000 – 9,000 sq. ft. min. 6 – 7 masons 

 9,000 – 11,000 sq. ft. min. 7 – 8 masons 

12,000 – 13,000 sq. ft. min. 8 – 10 masons 

14,000 – 15,000 sq. ft. min. 10 –12 masons 

16,000 – 17,000 sq. ft min. 13 –14 masons 

17,000 – 18,000 sq. ft min. 13 – 14 masons 

18,000 – 19,000 sq. ft. min. 15 – 16 masons 

 *5,000 – 20,000 not more than 1,200 sq. ft. per employee recommended. 

9.3 (a) No work is to be performed by employees covered by this Agreement without permission from BAC 

5 NY on Saturdays, Sundays, or holidays, or outside of regular scheduled hours. Overtime for work performed on 

Sundays and holidays shall be paid double the regular straight time taxable hourly wage. Fringes on said overtime 

shall be paid at straight time with the exception of the Cement Mason whose overtime fringes will be paid at time 

and one half. 

Page 20 of 36 Pages 
(b) Starting time may commence from 7:00 A.M. during the months of April through October inclusive. 

(c) When mutually agreed upon between BAC Local 5 NY and the contractor and where warranted, such 

as private work and federal work, a ten (10) hour 4 day work week may be utilized with the exception 

of the cement mason. 

9.4 There shall be a coffee break by 10:00 A.M. for employees covered by this Agreement. If four (4) or more 

hours are worked after lunch break (12:30 pm) there will be allowances for a ten (10) minute break. 

 

9.5 The following are considered holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, 

Thanksgiving Day, and Christmas Day. It is agreed by the employer that any regular work day other than the 

aforementioned for employees covered by this Agreement, that is a paid holiday, observed by the members of any 

other trade, which causes a work stoppage for members covered by this agreement on any project within the 

jurisdiction of BAC 5 NY than said employees covered by this Agreement shall receive one day’s pay at the 

taxable hourly rate for that day. 

9.6 SHIFT WORK – It is the purpose of the parties to accommodate the owner’s work schedules and/or 

accelerated completion schedules by agreeing to the following shift work provisions: 

(a) 1st SHIFT: Normal eight hour work day. Wage and fringe benefits will be paid per ARTICLE 1. 

(b) 2nd SHIFT: Eight hour work day with the starting time falling between 4:00 P.M. and 6:00 P.M. at the 

employers’ option. An employee working eight hours on this 2nd shift will be paid 15% shift 

differential on public works contracts for shifts outside the normal working hours or when mandated or 

required by state, federal, county, local or other governmental agency contracts. The differential will 

be paid on all other projects. 

(c) 3rd SHIFT: Eight hour work day with the starting time being at employers’ option. An employee 

working eight hours on the 3rd shift will be paid 25% shift differential on public works contracts for 

shifts outside the normal working hours or when mandated or required by state, federal, county, local or 

other governmental agency contracts. The differential will be paid on all other projects. 

 

(d) Employees will be paid at overtime rates for all time worked over eight hours in any twenty-four hour 

period. 

Benefits will be paid on hours worked with the exception of the Cement Mason whose overtime fringes will be 

paid at time and one half. 

9.7 IRREGULAR WORK DAYS - The scheduled period of work when the jobsite or conditions do not 

warrant or allow work or certain phases of work to be performed during the regular work week must be mutually 

agreed upon by the Union and the Employer. 

(a) A minimum of five (5) consecutive work days shall constitute a shift. 

(b) An irregular work day can start any time from 4:00 pm to 12:00 am. (midnight). The first eight (8) hours 

shall be at the straight time rate plus fifteen percent (15%), Monday-Friday. The shift premium will be 

paid on public works contracts for off-shift or irregular shift work when mandated by the NYS DOT or 

other Governmental Agency contracts. The shift premium will be paid on all other projects. 

Page 21 of 36 Pages 
(c) All work performed prior to the established irregular start time or lunch time, after eight (8) hours and 

Saturday shall be paid at 1 and one half times (1 1⁄2) the regular rate of pay plus fifteen percent (15%) shift 

premium. 

(d) All worked performed on Sunday of an irregular work day or on shift work shall be paid at two (2) times 

the regular rate of pay plus fifteen percent (15%) shift premium. 

(e) Where required by job specification or conditions, or by mutual agreement of Union and Employer, 

variable starting times may apply for crews. 

(f) When shift work or an irregular work day starts on a Sunday, Sunday hours shall be paid at double time 

plus fifteen percent (15%). When shift work or an irregular work day starts on a Friday and carries over to 

Saturday, Saturday hours shall be paid at 1.5 times the hourly rate plus fifteen percent (15%) 

9.8 Upon any operation where a wage scale is established greater than regular wage scale, the higher wage 

shall be paid to the completion of the job. 

9.9 Employees shall be paid two hours pay in each of the following events providing inclement or 

unfavorable weather conditions do not prevent work: 

(a) If reporting on the job with his tools and he is not employed. 

(b) If he has been working on a job and reports for work and is retained on the job site until 10:00 A.M. by 

the employer. 

(c) If he has been working on a job and is discharged upon reporting to work. 

9.10 Employees shall be paid eight hours pay in each of the following events, providing inclement or 

unfavorable weather conditions do not prevent work: 

(a) If he works in the morning or works part of the afternoon. 

9.11 During periods of inclement weather where there is not sufficient work for the entire work force, the 

employees shall be rotated to provide equal time for all employees. 

9.12 Termination - When any bricklayer who has been employed for 10 days or more is to be terminated he 

 or she shall be so notified and given their pay including a full day’s pay for the layoff day not later than one half 

(1/2) hour before the work days’ end. If an employee is discharged for cause, he shall be paid in full at the time of 

discharge. Furthermore, Employers when laying off or discharging an employee shall transmit with the pay 

envelope a writing setting forth that such employee was laid off or discharged and the date of such termination. 

When termination is due to something other than lack of work, the Employer must submit to the Union a 

Termination Form, which will be provided by the Union within twenty-four (24) hours of the termination. 

9.13 In the event an employer’s check for wages or fringe benefit contributions is returned for insufficient 

 funds there shall be an administrative charge imposed on the employer in the sum of $50.00 for each employee 

whose wages and/or fringe benefit contributions are affected by such returned check. 

Page 22 of 36 Pages 
ARTICLE X 

LIQUIDATED DAMAGES AND DELINQUENCY PAYMENTS 

10.1 Due to high and escalating interest rates and the growth of the trust funds accounts, the funds have been 

compelled to utilize mechanical and electronic data processing equipment in the administrative office of BAC 5 

NY Joint Benefit Funds. 

Prompt payroll reporting and payment of employer contributions is essential to avoid loss of income derived from 

interest earned and to lessen the use of data processing equipment. Late reporting and delinquent payment of 

contributions result in a substantial loss of income and requires additional and individual processing of such report 

and payments at substantial additional expense to the Trust Funds. It is hereby agreed by the employer and BAC 5 

NY, that the extra cost of such late reporting and delinquent payments shall be a minimum of three percent (3%) of 

the total contributions due plus one quarter percent (1/4%) for each seven (7) days of delinquency. In all cases 

where reports or contributions are received more than seven (7) days after the end of the pay week in which they 

were due, liquidated damages shall be paid to compensate the funds for such extra administrative costs and the loss 

of interest income, in the amount of three percent (3%) of the contributions due plus one quarter percent (1/4%) for 

each seven (7) days payments and payroll reports are delinquent. 

When an employer remits a fringe benefit payment and the employer is delinquent in fringe payments or payroll 

reporting, liquidated damages shall be deducted from the stamp purchase order and fringe benefit stamps shall be 

issued based upon the difference between the liquidated damages deducted and the dollar amount of the employer 

fringe benefit stamp order 

10.2 In the event that any employer bound by this Agreement does not make contributions to the fringe 

benefit funds as provided herein, such employer shall be charged with all collection costs as provided for in ERISA 

including attorneys fees, costs, disbursements, interest, penalty interest, liquidated damages and audit expenses in 

addition to a money judgement of the unpaid contributions. 

10.3 All contributions shall be made at such time with reports and in such a manner as the Trustees require; and 

the Trustees shall have the authority to have a Certified Public Accountant audit the time books, payroll and wage 

records of the Employer for the purpose of determining the accuracy of contributions to the funds. Any Employer 

found, as a result of an audit ordered by one of the fringe benefit funds, to have been substantially inaccurate in 

reporting shall be charged in full for the cost of such audit. Should an Employer refuse to permit such audit, the 

Trustees may take legal action to require that the audit be conducted. In such case, the Employer shall be 

responsible for any legal or other fees and disbursements required to be made by the Fund to conduct such audit of 

the Employer’s books and records. 

ARTICLE XI 

HOURS, WAGE RATES, HOLIDAYS 

HEAVY AND HIGHWAY 

11.1 HEAVY AND HIGHWAY – Heavy and highway rates, hours and holidays shall apply to the 

construction of engineering structures, exclusive of the erection of buildings and work in connection herewith, 

which work is agreed to be a separate and distinct branch of the construction industry. 

Page 23 of 36 Pages 
This ARTICLE is to cover all highway and heavy construction which for the purposes of this Agreement is defined 

as including but not limited to, the construction of: highways, roads, streets, alleys, grade crossing, driveways, 

sidewalks, curbs, guardrails, fences, culverts, parkways, parking areas, airports, athletic fields, highway and 

railroad bridges and similar structures, railroad and street railway construction projects, sewers, sewage treatment 

projects, ecology and environmental control projects, water mains, grade separations, foundations, abutments, 

retaining walls, viaducts, shafts, tunnels, subways, track elevations, elevated highways, drainage projects and 

structures, reclamation projects, reservoirs, water supply projects, pure water works, water filtration projects, 

power plants, water developments, hydroelectric developments, transmissions lines, duct lines, pipe lines, docks, 

dams, dikes, levees, revetments, irrigation and flood control projects, channels, channel cutoffs, intakes and intake 

structures, dredging projects, jetties breakwaters, locks and piers. 

This Article applies to all construction as referred to above but excludes building construction, which is defined as 

all work done in an area inside the building line. For purposes of this Agreement, all work done in connection with 

foundations or subterranean structures as masonry work done below the floor slab on the level of the finished 

grade, or other work done below the finished grade level shall not be deemed to be within the building line proper. 

11.2 On and after June 1, 2008 wages shall be as prescribed in ARTICLE 1, Wage Schedule. Eight hours 

shall constitute a day’s work commencing at 8:00 A.M. to 12:00 Noon and from 12:30 P.M. to 4:30 P.M. from 

Monday to Friday inclusive. 

Overtime shall consist of all work performed prior to 8:00 A.M. and subsequent to 4:30 P.M. of each work day and 

shall be paid at the rate of time and one-half. All work performed on Sunday or Holidays shall be paid at the rate 

of double the taxable hourly wage. Fringes on said overtime shall be paid at straight time with the exception of the 

Cement Mason whose overtime fringes will be paid at time and one half. 

 . 

A period of five minutes shall be allowed at 12:00 Noon and 4:30 P.M. to walk to the tool shed to pick up tools. 

All work performed outside the regularly scheduled hours of work days shall be paid at one and one-half the 

straight time taxable hourly rate. Fringes on said overtime shall be paid at straight time with the exception of the 

Cement Mason whose overtime fringes will be paid at time and one half. 

 . 

The normal starting and quitting times may be changed by mutual consent of the employer and BAC 5 NY. 

11.3 HOLIDAY – The following holidays shall be observed and shall be paid holidays on heavy and 

highway: New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Veteran’s Day, 

Thanksgiving Day and Christmas Day. 

If employees are required to work on these days they shall be paid at the double time rate. Whenever any of the 

above holidays fall on Sunday, they will be observed the following day and paid for as such. Whenever any of the 

above holidays falls on Saturday, they shall be observed on the previous day and paid for as such. Whenever an 

employee works within three (3) calendar days before a holiday, he shall be paid for the holiday. 

11.4 It is agreed by the employer that with the exception of variances in wages, hours or holidays, all terms and 

conditions contained elsewhere, in this Agreement are also included as part of this Article. 

Page 24 of 36 Pages 
ARTICLE XII 

SHOP STEWARDS AND REPRESENTATION 

12.1 The representatives of BAC 5 NY shall be allowed access to any job at any reasonable time where 

employees covered by this Agreement are employed, or should be employed, or where mason work is to be 

performed. It shall be the responsibility of the employer to provide access for the business representative to 

security areas. Representatives of BAC 5 NY shall not be considered as an employee of the employer and the 

employer shall not be held responsible or liable for said representative’s actions. 

The shop steward shall perform his duties with the least possible inconvenience to his employer. He is to work and 

not use his position as shop steward as an excuse to avoid performance of his duties as a craftworker. 

No journeyman acting as shop steward shall be discharged for inquiring after cards or doing his duties in 

the interest of BAC Local 5 NY, and any representative of BAC 5 NY shall not be interfered with while visiting 

the work. The shop steward shall be the last man to be laid off. There shall be a shop steward of each craft on 

every job who shall be appointed by BAC 5 NY. 

12.2 Shop Stewards will receive a hourly premium of fifty cents per hour. 

ARTICLE XIII 

GENERAL CONDITIONS 

13.1 For employers having jobs exceeding three (3) days in duration, a shop steward shall be hired who shall be 

appointed by BAC Local 5 NY. Such shop steward shall be employed for the duration of the masonry work. 

13.2 All journeymen and apprentices shall leave the tool house at 8:00 A.M. and 12:30 P.M. for work. 

13.3 Employees shall be allowed one hundred dollars ($100.00) for the loss of clothes and tools if broken or stolen 

from the shanty, or destroyed by fire. 

13.4 No employees shall be required to furnish special tools or equipment designed for speeding production. 

Such tools if required, shall be furnished by the employer. All special equipment of any nature shall be furnished 

by the employer. 

13.5 Four feet eight inches shall be scaffold height. All scaffolding is to be at least 50” wide and no scaffold 

shall be higher than the wall. 

Should any journeyman be laid off for the erection of scaffolding or to allow scaffold to be loaded with materials, 

provided materials are on the premises, he shall receive his pay for such time as he is kept waiting. 

If a working scaffold is four feet or over in height, it shall be provided with a ladder or runway and guard rail. 

Mortar boards used on all exterior and interior masonry work shall be raised not less than eighteen inches (18”) 

All masonry walls over 8” in width and constructed in two separated units must have scaffold on both sides of the 

wall so that no overhand work shall be required. 

Any block, cinder, concrete or any material weighing 48 pounds or more shall be handled by two masons. All 

lines shall be furnished by the employee. 

Page 25 of 36 Pages 
13.6 All plastering inside and outside of a building shall be left straight with rod and darby and all angles must be 

left straight and brown mortar floated. The employer must furnish screed, rod-darbies-cornice, rod feather edger 

and all necessary equipment for the proper execution of plaster work. Mortar boards used in plastering work shall 

not be more than five foot square. All bottoms must be brown coated before browning is applied to the top section 

of the same section. 

PLASTERING MACHINE – It is recognized that two men are required to properly operate the plastering machine, 

one man on the hose and one man on the nozzle. In circumstances where one man is all that is required, it shall be 

allowed. 

13.7 Whenever concrete is being poured in bulk and is brought to a definite grade, a cement mason must be 

hired to finish or level off such bulk concrete no matter what tool is used. Bulk concrete shall be classified as 

walls, footings, footers, parapets, or any formed concrete where grade nails, chalk lines, screed backs or any other 

grades are used. This shall apply only where twenty (20) cubic yards or more of concrete are poured in a 7-hour 

period. 

The pouring of concrete shall be finished, rodded and supervised by cement mason journeymen. 

The operation of all power cement finishing machines and cutting machines shall be started and run by cement 

masons. 

The setting of screeds and the operation of the power screed is the work of the cement mason. A straight edge up 

to ten feet long shall be handled by two cement masons. A straight edge up to fifteen feet long shall be handled by 

three cement masons. A straight edge up to twenty feet long shall be handled by four cement masons. 

All concrete shall be finished the day it is poured. Under no circumstances shall concrete be finished without 

permission from BAC 5 NY the following day or days. 

On all concrete work when cement masons are sent home for the day the floor shall be considered finished. All 

concrete shall be finished the day it is poured and no concrete shall be finished the following day or days without 

permission from BAC 5 NY. In the event permission is granted to finish concrete the following day or 

days, the following shall apply: the cement mason shall be paid from the time they were sent home the previous 

day or days and starting no earlier than 7:00 A.M. the following day or days, the concrete shall be finished at triple 

the regular hourly rate. In the event of inclement weather, special consideration shall be given to the finishing of 

concrete the following day or days after permission has been granted to finish said concrete. 

Time shall be allowed to eat on all overtime performed after 6:30 P.M. 

13.8 On any swing stage or swing scaffold, including rolling scaffold suspended from bridge railings, two 

masons shall be used except on swing seats constructed for one man only. A swing scaffold or staging is 

considered to be a scaffold suspended by means of ropes or cables from hooks placed over parapet walls or 

windows, etc. and is less than 50” wide. Employees working on said scaffolds shall be paid fifty cents ($.50) per 

hour above the regular rate for each hour worked. 

13.9 Three Strike Policy – Employees of CCA, BCA, MCCHV members working on construction sites who are 

discharged for cause three (3) times in twenty-four (24) months must address the underlying reason for their 

termination to be eligible for future job referral. Our customers have a choice and too many of them are not 

choosing us. As an Association, we have to do better and this policy along with our “Code of Excellence” and the 

“Attitude, Behavior and Skill” classes will help shape our future. 

Page 26 of 36 Pages 
Rules: 

A. Any employee who is discharged for “cause” three (3) times in twenty-four (24) months will be referred to 

an appeals committee within seven (7) business days. 

1. Committee: three (3) people chosen by CCA, BCA, MCCHV and the union, “respected community 

leader” and not affiliated with the construction industry. 

B. The “Appeals Committee” at their discretion may: 

1. Require the employee to obtain more training 

2. Disqualify the employee from employment for one (1) month, thirty (30) work days, or longer 

3. Refer employee to EAP 

4. Restore employee back to work 

ARTICLE XIV 

SAFETY AND SUBSTANCE POLICY 

14.1 The official compilation of Codes, Rules and Regulations of O.S.H.A., and the rules and regulations of 

 the Industrial Commission of the State of New York, and the rules and regulations and ordinances of all 

municipalities within the work which is being performed pertaining to the protection of persons employed in the 

construction industry shall be strictly adhered to. Failure on the part of the employer to abide by said rules and 

regulations shall result in work stoppages for which the employee shall be paid in full until such violations are 

removed. Use of alcohol or narcotics during regular work hours, including lunch period, shall be cause for 

immediate dismissal of any employee. 

14.2 If an employee is injured at work, he shall be paid in full wages and wage supplements for the time 

 spent receiving medical attention on the day of the injury. If a doctor certifies that said employee is unable to 

return to work in the day of the injury, the injured employee shall be paid full wages and wage supplements for the 

balance of that working day. 

14.3 Substance Abuse Testing – New applicants for employment as Bricklayers and Allied Craftworkers must test 

negative for illegal substances, prior to commencing employment. Where there is legal requirement or a 

requirement of local, state or federal law for illegal substance testing that a signatory contractor must satisfy to bid 

or perform work, the parties hereby agree to satisfy said requirement. The Union and Employer agree that alcohol 

and illegal substances will not be consumed on the job at any time. 

14.4 All employees covered by this collective bargaining agreement shall be required to wear a hard hat and 

approved footwear. 

Page 27 of 36 Pages 
ARTICLE XV 

GRIEVANCE AND ARBITRATION PROCEDURES 

15.1 The parties to this Agreement shall establish a Joint Arbitration Board consisting of three (3) representatives 

selected by the MCCAHV and three (3) representatives selected by BAC 5 NY, to resolve disputes over the 

interpretation and application of this Agreement. The Board shall meet at least once a month, or on call, to settle 

complaints, abuses or grievances. It is further agreed that should occasion require any alterations or amendments 

to this Agreement, the party desiring such alterations or amendments shall submit same in writing to the Board. 

The employer and BAC 5 NY representatives at a session shall have an equal 

number of votes on all matters coming before the Joint Arbitration Board, regardless of the number of 

employers or BAC 5 NY representatives present at a session. 

15.1 It is specifically agreed that any controversy arising out of this Agreement involving the interpretation of 

its terms and conditions, shall be settled in accordance with the grievance procedure set forth in this 

Article. No grievance shall be recognized unless it is called to the attention of the employer by BAC 5 

NY or to the attention of BAC 5 NY by the employer within five (5) days after the alleged violation is 

committed or discovered. 

15.2 Grievances shall be handled in the following manner: 

1. The grievance shall be referred to the jobsite BAC 5 NY shop steward and to the foreman for 

 adjustment. 

2. If the grievance cannot be settled pursuant to paragraph 1 of this section, the grievance shall be 

 referred on the following day to the president of BAC 5 NY and the employer. 

3. If the grievance cannot be settled pursuant to paragraph 2 of this section within three (3) working 

 days excluding weekends and holidays, the grievance shall be submitted within 48 hours to the Joint 

Arbitration Board for consideration and settlement. 

4. If the Joint Arbitration Board cannot reach a satisfactory settlement within five (5) working days, not 

 including weekends and holidays, following a referral of the grievance to the Board, it shall immediately select an 

impartial arbitrator to review with the Board all evidence submitted relating to the dispute and then cast the 

deciding vote. If the Joint Arbitration Board cannot agree on an impartial arbitrator, the impartial arbitrator shall 

be selected from a panel of arbitrators submitted by and in accordance with the rules and regulations of the Federal 

Mediation and Conciliation Service. All expenses of the impartial party shall be borne equally by the employers 

and BAC 5 NY. The decision reached by the Joint Arbitration Board with the assistance of the impartial arbitrator 

shall be final and binding upon all parties. 

15.3 When a settlement has been reached at any step of this grievance procedure, such settlement shall be 

final and binding on all parties, provided, however, that in order to encourage the resolution of disputes 

and grievances at steps 1 and 2 of 15.3 of this Article, the parties agree that such settlements shall not be 

precedent-setting. 

15.4 The time limits specified in any step of the grievance procedure may be extended by mutual agreement 

of the parties initiated with the written request of one party to the other, at the appropriate step of the 

grievance procedure. However, failure to process a grievance, or failure to respond within the time 

limits provided above, without a written request for an extension of time, shall be deemed a waiver of 

such grievance without prejudice, and shall create no precedent in the processing of and/or resolution of 

like or similar grievances or disputes. 

Page 28 of 36 Pages 
15.5 The following are excluded from arbitration, violations shall be considered a breach of contract: 

(a) Payment of Wages 

(b) Payment of Fringes 

(c) Jurisdictional Disputes (as defined in ARTICLE IV, WHAT CONSTITUTES MASONRY) 

(d) Bonding (See ARTICLE XVIII) 

(e) Hiring Procedures (See ARTICLE V, Sec 5 – 3) 

(f) Sub Contracting (See ARTICLE VII, Sec 7.2) 

(g) Liquidated Damages and Delinquency Payments (See ARTICLE X, 10.1 AND 10.2) 

(h) ARTICLE VII, 7.9 

ARTICLE XVI 

APPRENTICESHIP 

16.1 It is agreed that there shall be a Joint Apprenticeship Committee sponsored by BAC 5 NY. BAC 5 NY 

reserves the right to determine the number of apprentices in their jurisdiction. 

16.2 The application, eligibility, screening, selection, instruction and training of the apprentices shall be 

governed by the Joint Apprenticeship Training Committee. The Committee shall hold a minimum of two 

(2) meetings per year. 

16.3 Each apprentice shall be registered as such and shall comply with any and all laws governing 

apprenticeship training in the State of New York. Apprentices shall comply with and complete all aspects 

of their training including attendance at prescribed classes when held. 

16.4 The period of apprenticeship shall not be less than three years nor more than four years in length. 

16.5 All contractors employing three journeymen shall employ one apprentice. No apprentice is permitted to 

work alone on a job for more than one day. 

16.6 Effective June 1, 2011, any first year apprentice starting on or after this date shall be paid as follows: 

WAGES FRINGES 

1st 0 – 750 hours 50% of rate 50% of fringes 

2nd 751 – 1500 hours 55% of rate 55% of fringes 

3rd 1501 – 2250 hours 60% of rate 60% of fringes 

4th 2251 – 3000 hours 65% of rate 65% of fringes 

5th 3001 – 3750 hours 70% of rate 70% of fringes 

6th 3751 – 4500 hours 75% of rate 75% of fringes 

7th 4501 – 5250 hours 80% of rate 80% of fringes 

8th 5251 – 6000 hours 85% of rate 85% of fringes 

Apprentices shall not wash down, cutout, patch, point up, sawcut or rub masonry work more than one (1) day in 

any work week. 

16.7 Fringe benefits on apprentices shall be paid as outlined in ARTICLE 1, Wage Schedule, except as 

described above. 

Page 29 of 36 Pages 
ARTICLE XVII 

TRUST FUNDS 

And 

JOINT BENEFIT AND ADMINISTRATION FUND ACCOUNT 

17.1 Solely for convenience, it is understood and agreed that the Joint Benefit Administration Fund Account of 

BAC Local 5 NY has been designated as the collection agent for the following: 

(a) Welfare Fund (Payroll Deduction Vacation Plan) 

(b) Retirement Fund (Pension Plan, Annuity Plan) 

(c) International Union Pension Fund 

(d) International Masonry Institute 

(e) Industry Advancement Fund 

(f) Payroll Deduction Dues Check-off 

(g) Political Action Committee 

(h) Labor Management Committee 

By this agency designation, the parties intend only to reduce to a minimum the bookkeeping and clerical work 

involved in the preparation and filing of report forms and the simplification of payments to the funds, but, 

nevertheless, they intend to maintain a complete separation of funds. 

17.2 Contributions shall be paid on behalf of all employees starting with the employee’s first day of employment 

in a job classification covered by this Agreement. This includes, but is not limited to, journeymen, 

apprentices, trainees, probationary and all other employees. For the purpose of this Article, each hour 

worked, including all other hours for which pay is received by the employee in accordance with this 

Agreement, shall be counted as hours for which contributions are payable to each fund designated in 

Article 1. 

17.3 In addition to the wages and other payments herein provided for, the Employer agrees to pay the specified 

contributions to the following designated funds and plans. 

(a) Bricklayers and Trowel Trades International Pension Fund 

The contribution to the Bricklayers and Trowel Trades International Pension Fund (IPF) shall be in accordance 

with the wage schedule in Article I for each hour or portion thereof actually worked for which a covered employee 

receives pay. 

The payments required above shall be made to the Bricklayers and Trowel Trades International Pension Fund, 

which was established under an Agreement and Declaration of Trust, dated July 1, 1972. 

(b) BAC Local 5 NY Pension Plan 

The contribution to the Pension Plan of the BAC Local 5 NY Retirement Fund shall be in accordance with the 

wage schedules in Article I for each hour or portion thereof actually worked for which a covered employee 

receives pay. 

The payments required above shall be made to the Pension Plan of the BAC Local 5 NY Retirement Fund, which 

was established under an Agreement and Declaration of Trust, dated July 1, 1975 as successor to the BAC Local 

44 Pension Trust dated January 1, 1959. 

Page 30 of 36 Pages 
(c ) BAC Local 5 Annuity Plan 

The contribution to the Annuity Plan of the BAC Local 5 NY Retirement Fund shall be in accordance with the 

wage schedules in Article 1 for each hour or portion thereof actually worked for which a covered employee 

receives pay. 

The payments required above shall be made to the Annuity Plan of the BAC Local 5 NY Retirement Fund, which 

was established under an Agreement and Declaration of Trust, dated July 1, 1975 as successor to the BAC Local 

44 Annuity Trust dated July 1, 1970 

(d) BAC Local. 5 NY Welfare Fund 

The contribution to the BAC Local 5 NY Welfare Fund shall be in accordance with the wage schedules in Article 1 

for each hour or portion thereof actually worked for which a covered employee receives pay. 

The payments required above shall be made to the BAC Local 5 NY Welfare Fund which was established under an 

Agreement and Declaration of Trust, dated June 1, 1949 

 (e) BAC Local 5 NY Vacation Plan 

The contribution to the Payroll Deduction Vacation Plan of the BAC Local 5 NY Welfare Fund shall be in 

accordance with the wage schedules in Article 1 for each hour or portion thereof actually worked for which a 

covered employee receives pay. 

The Employer agrees that this Vacation Plan contribution shall be deducted from the covered employees wages 

after all tax deductions have been made. 

The payments required above shall be made to the Vacation Plan of the BAC Local 5 NY Welfare Fund which was 

established under an Agreement and Declaration of Trust, dated June 1, 1949. 

( f) International Masonry Institute (IMI) 

The masonry industry in the United States and Canada has great and definable needs in the fields of apprenticeship 

and training, advertising and promotion, research and development, and labor/management relations which must 

be met if the industry is to grow and prosper. The parties to this agreement believe that the International Masonry 

Institute is the most effective and efficient instrument for meeting these needs because it offers the greatest 

possibility of integrating activities in these program areas in an effective manner and coordinating them through a 

single regional/international system. 

IMI will be able to provide advertising and promotion, research and development, apprenticeship and training, and 

labor/management relations programs directed specifically to this area. With these principles in mind, the parties 

agree as follows: 

The contribution to the International Masonry Institute shall be in accordance with the wage schedules in Article I. 

The payments required above shall be made to the International Masonry Institute, which was established under an 

Agreement and Declaration of Trust, 14 March 1981, as the successor trust to the predecessor International 

Masonry Institute (established under an Agreement and Declaration of Trust, 22 July 1970) and/or to the 

predecessor International Masonry Apprenticeship Trust (established under an Agreement and Declaration of 

Trust, 6 November 1974). 

Page 31 of 36 Pages 
(g) Industry Advancement Fund (IAF) 

The employer shall contribute a sum as specified in ARTICLE I (Wage Schedule) per hour for each hour worked 

for employees performing work covered by this Agreement to the Industry Advancement Fund. The payments and 

reports required for the industry Advancement Funds shall be made to the joint Benefit Administration Fund 

Account of BAC Local 5 NY. Anything herein contained to the contrary notwithstanding, there is specifically 

excluded from the purposes of the Industry Advancement Fund the right to use any of its assets for lobbying in 

support of anti-labor legislation and/or during a period or periods of work stoppage, strikes, or lockouts. None of 

the provisions of this Article shall operate to prohibit the expression by such of the Association representatives as 

may be paid with the monies of the Industry Fund of any position of the association or its members affecting 

wages or conditions of employment of the members of BAC Local 5 NY. 

Upon termination of payments allocable to the Industry Advancement Fund for any reason, the asset of the 

Industry Advancement Fund shall not be distributed among any employers, of BAC Local 5 NY, but shall be 

held by the Association, which shall continue to administer and expend such assets for the purposes, and subject to 

the conditions set forth in this Article. 

(i) BAC Local 5 NY Labor Management Coalition Fund 

The contribution to the BAC Local 5 NY Labor Management Coalition Fund shall be in accordance with the wage 

schedules in Article I for each hour or portion thereof actually worked for which a covered employee receives pay. 

The payments required above shall be made to the BAC Local 5 NY Labor Management Coalition Fund which 

was established under and Agreement and Declaration of Trust, dated July 1, 1984. 

17.4 The employer hereby acknowledges the receipt of the trust agreements of the aforementioned trust funds 

 together with a benefit handbook describing the benefits available under the Plans. The employer agrees to 

accept, be bound by as though he has actually signed the individual documents and comply fully with all the terms 

of said trust agreements and any amendments thereto whether heretofore or hereafter made (including but not 

limited to any amendments with respect to the amount of contributions). Additional copies of the trust agreements 

and benefit booklets may be obtained form the funds by written request by certified mail at a reasonable charge. 

17.5 The employer hereby irrevocably designated as its representative on the above stated board of trustees such 

trustees as are now serving, or who will in the future serve, as employer trustees, together with their successors. 

17.6 Contributions and contractor payroll reports (both on forms approved by the Funds) shall be submitted 

weekly by the employer. All employers must pay weekly on the job every pay day for the duration of the job. The 

sums transmitted shall be accompanied by a statement, in a form specified by BAC Local 5 NY, reporting the 

name of each person whose dues are being paid and the number of hours each employee has worked. All fund 

contributions, payroll deductions, vacation and dues check-off monies must be submitted to the fund office with 

the payment of other funds to the Bricklayers and Allied Craftworkers Local 5 New York Joint Benefit and 

Administration Fund Account. Employers paying the aforementioned monies directly to the employee shall not be 

relieved of the obligation to submit said monies to the fund office. An employer who sub-lets masonry work shall 

be responsible for the sub-contractor’s wages and contributions to the trust funds for work performed on his job 

site only. 

Page 32 of 36 Pages 
17.7 BAC Local 5 NY and the Fringe Benefit Funds shall be considered as a contributing employer for the 

purpose of paying to the said trust funds for its full-time employees and the said employees shall be entitled 

to such benefits as are afforded other employees pursuant to the rules and regulations of the said funds. 

BAC Local 5 NY shall not be considered as a contributing employer for the purpose of paying to the 

International Masonry Institute, or Industry Advancement Funds. 

17.8 In the event that the employer is delinquent for a period of seven (7) days in payment of fringes to 

employees or reporting of employer contributions to the fund office, BAC Local 5 NY shall have the right 

to remove men from the employ of such employer and shall not be obligated to furnish workmen until all 

vouchers have been paid and the provisions of ARTICLE X, Liquidated Damages and Delinquency 

Payments shall apply. Further, all lost wages, conditions and benefits due to the employees involved in 

such stoppage shall be paid by the employer. It is further agreed that removal of manpower in such 

circumstances shall not be deemed a violation of this Agreement. 

Employees covered by this Agreement will not be required to engage in employment for an employer that is 

two (2) weeks in arrears of fringe benefit payments to the various benefit funds as established per this Agreement. 

If the employer fails to pay wages, make any contributions to the funds or submit payroll reports weekly as 

specified in this Article, BAC Local 5 NY shall have the right to take whatever steps are necessary, including the 

withdrawal of manpower, to secure compliance with this Agreement, any other provision hereof to the contrary 

notwithstanding, and the employer shall be liable for all costs for collection of payments due in accordance with 

ERISA including attorney’s fees and such liquidated damages as may be assessed by the trustees. The employer’s 

liability for payment under this Article shall not be subject to or covered by any grievance or arbitration procedure 

or any “no strike” clause which may be provided or set forth elsewhere in this Agreement. 

In the event the employer fails to make payments or reports to the trust funds as provided for herein, the employer 

shall be required to pay the full amount due as set forth before being provided with further services of the 

employees covered by this Agreement. The said employee shall be reinstated and paid for any loss of time which 

they sustain as a result of the stoppage. 

17.9 Employees shall deposit with BAC Local 5 NY an executed authorization for payroll deduction of vacation 

fund and dues check-off. BAC Local 5 NY shall keep the authorization cards on file for inspection by employers 

should any questions arise over authorization. Employers requesting inspection of said authorization shall do so by 

certified mail. Said authorization shall be shown to employers solely for employees in their employment. If an 

employee has not signed authorization for payroll deductions for vacation and dues check-off then these funds 

shall be returned to the employer for distribution to the employee on a yearly basis. 

17.10 Payroll Deductions, Vacation and Dues Check-Off: The employer shall deduct from the wages of each 

 employee who has signed a payroll deduction vacation and check-off authorization conforming to Federal law, 

and transmit weekly to BAC Local 5 New York (or to any agencies designated by said BAC Local 5 NY for 

collection of such money), the sum for each hour worked which BAC Local 5 NY as specified in ARTICLE I, or 

specified from time to time and so advises the employer in writing, as the portion of each employee’s BAC Local 5 

NY payroll deduction of Vacation and Dues Check-off to said BAC Local 5 NY, to its International Union, or to 

any affiliate of the International union. 

17.11 Membership affiliation with, or stipulation to any other fund, association or lack of membership in any of 

the aforementioned shall not absolve or relieve any employer covered by this Agreement from his obligation to 

make required payments to the various trust funds as outlined in this Article. 

Page 33 of 36 Pages 
17.12 If during the terms of this Agreement, a compulsory health insurance plan becomes lawful through Federal 

and State Legislation, the welfare fund provision in this Agreement shall be reopened for the purpose of revision 

with respect to such health insurance plan compliance and/or employer or employee contributions thereto. 

ARTICLE XVIII 

BONDING 

18.1 In order to insure the payment to each of the several Plans and Funds described in this Agreement, every 

Employer working in the jurisdiction of the Union shall deliver to the Union, a surety bond in a form approved by 

the Union and the Funds or a bank certified check in lieu thereof to be held in escrow by the Funds in the amount 

of Fifty Thousand Dollars ($50,000.00), executed by a corporate surety licensed to do business in the State of New 

York, naming the Union and the Trustees of the respective Funds as obliges hereunder, and conditioned upon the 

payment of all contributions to the several Plans and Funds as set forth in this Agreement. Any Employer that 

employs more than eight (8) employees covered by this Agreement shall increase the bond by Three Thousand 

Dollars ($3,000.00) for each additional employee. The bonds and, where additional 

employees over eight (8) are added to the payroll, proof of the Three Thousand Dollars ($3,000.00) per employee 

increase shall be forwarded to BAC Local 5 NY and copies of said bonds and proof of increases must be sent 

forthwith to the secretary of the associations on behalf of all signatories hereto. Employers who have not furnished 

the required bond will not be permitted to employ persons covered by this agreement. 

Employers who have had a collective bargaining agreement with the Union for two (2) years or more, and who 

have never been delinquent for more than thirty (30) days in paying contributions to any of the Funds described in 

this Agreement, and any employer that is a member in good standing of Construction Contractors’ Association and 

the Construction Industry Council and has not had a deficient benefit audit in the preceding 12 months, shall be 

exempt from posting of the bond and may make written application to the Trustees of the respective Funds to 

waive the obligation to post the bond. Upon approval of such waiver by the Trustees of each of the Funds, the 

Employer will be excused from posting the bond requirement herein. Such waiver will be conditioned upon the 

Employer continuing to maintain a non-delinquent status with each Fund and in the event that the Employer 

becomes delinquent by failure to make payment to the Funds as required in this Agreement, The Employer shall be 

required to post the bond and the waiver shall be deemed to be automatically withdrawn 

ARTICLE XIX 

SIGNATORIES 

19.1 BAC 5 NY agrees that in the event that terms and conditions other than those specified in this 

Agreement are granted to any employer or employers, employers’ signatory to this Agreement shall automatically 

have the right to operate under the terms and conditions so granted. 

19.2 It is agreed that each and every employer shall sign this Agreement prior to employment of employees 

except those employers having national agreements. Such employers shall sign a letter of assent which shall be as 

binding as though he had signed this Agreement including any approved amendments thereto. 

19.3 Except as limited by terms of this Agreement, the direction of employees, including the making and 

reinforcing of rules to assure orderly and efficient operations, the determination of employee competency, the right 

to hire, transfer, promote, discharge for just cause, layoff for lack of work, and the scheduling of work are rights 

vested exclusively in management. The operation of the business: including the introduction of new or improved 

methods and facilities; hands on management; the determination of the amount of supervision necessary; the size 

and composition of the work force and crews are rights vested exclusively in management if not inconsistent with 

the terms and conditions of this contract. 

Page 34 of 36 Pages 
ARTICLE XX 

DURATION 

20.1 This Agreement shall continue in effect as outlined in ARTICLE II, 2.1 AND 2.2. The parties hereto 

have caused this Agreement to be duly subscribed by their authorized representatives and this Agreement shall be 

binding upon their successors and assigns. 

20.2 This contract is completed in printed matter only. Sections deleted or added in any form are invalid and 

will not be part of this Agreement. 

 

20.3 The undersigned has read and is familiar with all terms of this Agreement and agrees to adhere and be 

bound by all terms, conditions, and amendments hereof. 

20.4 This Agreement represents the entire contract. The provisions hereof may not be varied, modified or 

supplemented without the written consent of both parties. 

Page 35 of 36 Pages 
Accepted for the Employer: 

__________________________________________________________________________________________ 

Contractor Name 

Payroll Weekending Day:____________________________________________________________________ 

 For example: Mon, Tues, Wed, Thurs, Fri, Sat, Sun 

FEIN#:____________________________________ ER #.:________________________________________ 

Telephone # :_______________________________________________________________________________ 

 (Area Code) 

Fax # :___________________________________________________________________________________ 

 (Area Code) 

_________________________________________________________________________________________ 

Street 

_________________________________________________________________________________________ 

City 

_________________________________________________________________________________________ 

State Zip Code 

___________________________________________________________ _________________ 

Duly Authorized Signature of Officer or Representative Title 

___________________________________________________________ _________________ 

Print Name for Clarification Date 

Accepted for Bricklayers and Allied Craftworkers Local 5 NY: 

________________________________________________________________________________________

Signature 

_____________________________________________________ _________________________________ 

Title Date 

 

 2014/2017 

Page 36 of 36 Pages 
TOWNHIPS OF CHAPTER 1 

BEDFORD LEWISBORO PEARL RIVER SOMERS 

CARMEL MAHOPAC PEEKSKILL - CITY SOUTHEAST 

CLARKSTOWN MT. PLEASANT PHILIPSTOWN STONY POINT 

CORTLAND MT. VERNON POUNDRIDGE TUXEDO 

EAST CHESTER NEW CASTLE PUTNAM VALLEY VALLEY COTTAGE 

GRANITE SPRINGS NORTH CASTLE RAMAPO WHITE PLAINS - CITY 

HARRISON ORANGETOWN RYE YONKERS – CITY 

HAVERSTRAW OSSINING SCARSDALE YORKTOWN 

KENT PATTERSON 

TOWNSHIPS OF CHAPTER 2 

AMENIA FREEMONT MILAN RED HOOK 

BEACON – CITY GARDINER MINISINK RHINEBECK 

BEEKMAN GOSHEN MONROE ROSENDALE 

BETHEL GREENVILLE MONTGOMERY SAUGERTIES 

BLOOMING GROVE HAMPTONBURG MOUNT HOPE SHANDAKEN 

CALLICOON HARDENBURGH NEVERSINK SHAWANGUNK 

CHESTER HIGHLAND NEWBURGH – CITY STANFORD 

CLINTON HIGHLANDS NEWBURGH THOMPSON 

COCHECTON HURLEY NEW PALTZ TUSTEN 

CORNWALL HYDE PARK NEW WINDSOR UNIONVALE 

CRAWFORD KINGSTON NORTHEAST ULSTER 

DEER PARK KINGSTON – CITY OLIVE WALLKILL 

DELAWARE LAGRANGE PAWLING WAPPINGERS 

DENNING LIBERTY PLEASANT VALLEY WARWICK 

DOVER LLOYD PINE PLAINS WASHINGTON 

EAST FISHKILL LUMBERLAND PLATTERKILL WAWARSING 

ESOPUS MARBLETOWN POUGHKEEPSIE – CITY WAWAYANDA 

FALLSBURGH MARLBORO POUGHKEEPSIE WOODSTOCK 

FISHKILL MAMAKATING ROCHESTER 

FLORIDA MIDDLETOWN – CITY ROCKLAND 
Accepted by the Contractor Associations: 

__________________________________________________________________________________________ 

Association Name 

Telephone # :_______________________________________________________________________________ 

 (Area Code) 

Fax # :___________________________________________________________________________________ 

 (Area Code) 

_________________________________________________________________________________________ 

Street 

_________________________________________________________________________________________ 

City 

_________________________________________________________________________________________ 

State Zip Code 

FEIN #_____________________________________ ER #_______________________________________ 

___________________________________________________________ ____________________________ 

Duly Authorized Signature of Officer or Representative Title 

___________________________________________________________ ___________________________ 

Print Name for Clarification Date 

Accepted for Bricklayers and Allied Craftworkers Local 5 NY: 

________________________________________________________________________________________

Signature 

_____________________________________________________ _________________________________ 

Title Date 

 2014/2017 
Accepted by the Contractor Associations: 

__________________________________________________________________________________________ 

Association Name 

Telephone # :_______________________________________________________________________________ 

 (Area Code) 

Fax # :___________________________________________________________________________________ 

 (Area Code) 

_________________________________________________________________________________________ 

Street 

_________________________________________________________________________________________ 

City 

_________________________________________________________________________________________ 

State Zip Code 

FEIN #_____________________________________ ER #_______________________________________ 

___________________________________________________________ ___________________________ 

Duly Authorized Signature of Officer or Representative Title 

___________________________________________________________ ____________________________ 

Print Name for Clarification Date 

Accepted for Bricklayers and Allied Craftworkers Local 5 NY: 

________________________________________________________________________________________

Signature 

_____________________________________________________ _________________________________ 

Title Date 

 

 2014/2017 
Accepted by the Contractor Associations: 

__________________________________________________________________________________________ 

Association Name 

Telephone # :_______________________________________________________________________________ 

 (Area Code) 

Fax # :___________________________________________________________________________________ 

 (Area Code) 

_________________________________________________________________________________________ 

Street 

_________________________________________________________________________________________ 

City 

_________________________________________________________________________________________ 

State Zip Code 

FEIN #_____________________________________ ER #_______________________________________ 

___________________________________________________________ ___________________________ 

Duly Authorized Signature of Officer or Representative Title 

___________________________________________________________ ___________________________ 

Print Name for Clarification Date 

Accepted for Bricklayers and Allied Craftworkers Local 5 NY: 

________________________________________________________________________________________

Signature 

_____________________________________________________ _________________________________ 

Title Date 

 

 2014/2017