#5734- Cauanan fetes

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

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

Wages Welfare Pension Training Total

Group 1 $26.42 $8.44 $7.95 $1.00 $43.81
Group 2 $26.47 $43.86
Group 3 $26.56 $43.95
Group 4 $26.67 $44.06
Group 5 $26.82 $44.21

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

Wages Welfare Pension Training Total
Group 1 $26.67 $9.32 $8.45 $1.00 $45.44
Group 2 $26.72 $45.49
Group 3 $26.81 $45.58
Group 4 $26.92 $45.69
Group 5 $27.07 $45.84

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

Wages Welfare Pension Training Total
Group 1 $26.92 $10.26 $9.00 $100, $47.18
Group 2 $26.97 $47.23
Group 3 $27.06 $47.32
Group 4 $27.17 $47.43
Group 5 $27.32 $47.58

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

Wages Welfare Pension Training Total
Group 1 $26.92 $11.31 $9.59 $1.00 $48.82
Group 2 $26.97 $48.87
Group 3 $27.06 $48.96
Group 4 $27.17 $49.07
Group 5 $27.32 $49.22

29


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

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

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

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

Cc. P. WARD CO

Covered Group of Employees (Define)

60 Month 60 Month DB
Rehabilitation Death ($.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default fm | Yes (J | Effective 201s 9.43 9.43 Lys WORKED
ScheduleA [] | No [=] | Effective zve017 10.00 10.00 ALL WAS WORKED
ScheduleB [J Effective
ScheduleC [] Effective
ScheduleD [J] Effective
ScheduleE [] Effective
ScheduleG [] Effective
Contract Type: Ques (1 Freight-National (B] Construction [7] Municipal (1 Other

Covered Employees: [#] Bargaining 1 Non-Bargaining

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

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

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th) day of the
month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed
by the end of the same month due.

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

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

1
REV. 201407


p20

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

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 05/01/2014 and expire on 0490/2017 This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 05/01/2014

Expiration date of collective bargaining agreement 04/30/17

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

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

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

LOCAL UNION# 294 EMPLOYER; Callanan Industries, Inc.

Cropseyville Quarry

ADpRESS: 890 Third Street ADDRESS: P.O. Box 15097

Albany, NY 12206 Albany, NY 12212

Redacted by the U.S. Department of edacied by me US.
Department of the Treasury

SIGNATURE: SI SIGNATURE:
PRINT NAME: Yoh Bulgaro PRINT NAME: Donald Fane
PRINT TITLE: President & PEO PRINT TITLE: President

DATE: DATE: Z-Ad-/¥
T
Redacted by the U.S.
NEW YORK STATE TE E PENSION AND RETIREMENT FUND
151 NORTHERN CONC! y 13212
MAILING ADDRESS: CUSE, NEW YORK. 13221- 49:
SIGNATURE: DATE: ete
EXECUTIVE ADMINISTRATOR 7
REV. 1/2012


4/47

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

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 19/1/2013 and expire on 30/2018 -This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement OCTOBER 1, 2013

Expiration date of collective bargaining agreement SEPTEMBER 30, 2018

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

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

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

rocapunmony 118 EMPLOYER: C & M FORWARDING CO
ADDRESS: 130 METRO PARK Appress: 45 JET VIEW DRIVE
ROCHESTER, NY 14623 ROCHESTER, NY 14624

Redacted by the U.S
SIGNATUR jDepartment of the Treasury

SIGNATURE: @@ULMIC-Dii7

PRINT NAME: JOHN EMRICH PRINT NAME: KEVIN DALEY
PRINT TITLE: BUSINESS AGENT PRINT TITLE: PRESIDENT

DATE: vA) DATE: “Z- b-'+

NEW YORK STATE TE PENSION AND RETIREMENT FUND
151 NORTHERN CONCHESIBY 2
MAILING ADDRESS: .CUSE, NEW YORK 13221- 492,

gf

SIGNATURE:

= DATE:
EXECUTIVE ADMINISTRATOR

REV. 1/2012


Covered Group of Employees (Define) Bargaining Unit

| 60Month | 60 Month DB
Rehabilitation | Death | (8.05 if Total
Schedule l Benefit |___ Rates of Contribution: _ Hourly elected) Hourly Weekly
Default o| Yes oO | Effective 07/01/2012 $7.95 $7.95.
ScheduleA O | No @ | Effective 07/01/2013 $8.45 $8.45
ScheduleB O | | Effective 07/01/2014 $9.00 $9.00
ScheduleC | | Effective 07/01/2015 $9.59 $9.59
ScheduleD O | | Effective
ScheduleE O | | Effective

Contract Type: 0 UPS Ci Freight-National TM Construction O Municipal O Other
Covered Employees: mBargaining O Non-Bargaining
Contributions begin on all employees from the first hour of the first day of employment.

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

(d) All such payments to be made to the Fund are to be received by the Fund office on or before
the tenth (10th) day of the month following the month in which said monies were accrued, except

~when otherwise agreed by the Find, but not to exceed by the end of the same month due.

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

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer
at a time mutually agreed upon at no,extra charge to the Employer. In the event it is found that
the Employer has not fully complied with the Fund rules and/or provisions of this Participation

23


delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of
Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund mules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies,

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

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

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

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

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

9. Ifa regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of fourét).weeks. If a regular employee
is injured on the job, the Employer shall continue to pay the required contributions math nse returs to
work. However, such contributions shall not be paid for a period of more than 52 weeks. z erd oO )

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration

2


delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of
‘Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all ifs participating employees, at the Fund’s sole discretion, shall cease to
Participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer, Tn the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the

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

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

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

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

9, Ifa regular eny

2


delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of
Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies.

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

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

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

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

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

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

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration

2


delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of
Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund niles and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies.

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

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

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

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

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

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

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

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

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

Covered Group of Employees (Define) © &M FORWARDING CO. - REGULAR

60 Month 60 Month DB.
Rehabilitation Death ($.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default O1 | Yes [] | Effective totvreo13 5.84 5849 234.00
ScheduleA [J] | No [ml] | Effective to2o14 6.33 6.33 259.20
ScheduleB [] Effective 10/1/2015 6.85 6.85 274.00
ScheduleC (] Effective 10/1/2016 TED TBD TED
ScheduleD ([] Effective 10/1/2017 TBD TBD TBD
ScheduleE [my] Effective
Contract Type: C] ups oO Freight-National C) Construction oO Municipal {m] Other
Covered Employees: [l] Bargaining C] Non-Bargaining

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

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

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attomeys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


5as)

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

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and afier 01012014 __ and expire on 12312016 _'This agreement shall continue in full
force and effect for the same tenn as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining apreement.

Effective date of collective bargaining agreement 01/01/2014

Expiration date of collective bargaining agreement 12/31/16

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

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

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

LOCAL UNION# 294 EMPLOYER: Callanan Industries, Inc.
Pattersonville/Rexford Facility

ApprEss: 890 Third Street ADDRESS: P.O. Box 15097
Albany, NY 12206

Redacted by the U.S. Department
SIGNATURE: (AUC MICCOUNy

Albany, NY 12212
Redacted by the U.S.

SIGNATURE:___ [Eee tun eem ut

bf Treasury
PRINT NAME: 38hn Bulgaro PRINT NAME: Donald Fane
PRINT TITLE: President & PEO PRINT TITLE: President
DATE: Silo Le DATE: o:4 -2014
Redacted by the U.S.
NEW YORK STATE TEAR SUSUR E PENSION AND RETIREMENT FUND
151 NORTHERN CONCOT 13212
MAILING ADDRESS: CUSE, NEW YORK 13221-4928
SIGNATURE: DATE: Gof 4
A STRATOR

REV, 1/2012


7) Y2 rol / 840 2/8 %l0/8I0Y /3965°
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

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

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

Covered Group of Employees (Define) ¢ &M FORWARDING CO. - PROGRESSION RATE EMPLOYEES

60 Month 60 Month DB
Rehabilitation Death ($.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default (| Yes [1] | Effective 10/1/2013 NEW HIRES $..25 25 10.00
ScheduleA [] | No [i] | Effective AFTER 1STANNIV $50 50 20.00
ScheduleB [] Effective AFTER 2ND ANNIV $.75 75 30.00
ScheduleC [_] Effective AFTER 3RD ANNIV $1.00 1.00 40.00
ScheduleD [] Effective AFTER 4TH ANNIV $1.25 1.25 60.00
ScheduleE [a] Effective AFTER STH ANNIV $1.50 7.50 60.00
Contract Type: Cups Ol Freight-National (J Construction oO Municipal (a) Other
Covered Employees: [i] Bargaining LJ Non-Bargaining

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

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

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attorneys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth hereinTM

on all employees doing bargaining unit work, irrespective of whether said employees are full-time, pas=tme, casual.
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter

this rule or any other rule or provision of this Participation ‘Agreement, asdefined in the Collechve
: vreoynonk.
(c) The Employer agrees to contribute as follows, not to exceed the maximum: Bu g aln thy bas

Covered Group of Employees (Define) Drivers - Selkirk Maintentance

60 Month 60 Month DB
Rehabilitation Death ($.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default [1] |) Yes (] | Effective owns 5.30
ScheduleA [] | No [Bl | Effective 116 5.66
ScheduleB (] Effective 14/17 6.04
ScheduleC [m] Effective
ScheduleD (] Effective
ScheduleE [] Effective
Contract Type: (urs ( Freight-National {Construction  [[] Municipal (J Other
Covered Employees: [Mi] Bargaining CJ Non-Bargaining

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

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

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attorneys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


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

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

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

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

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

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

9. Ifa regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on
the job, the Employer shall continue to pay the required contributions unti] such employee returns to work. However, such
contributions shall not be paid for a period of more than _24__ weeks.

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

Jl. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided
6/1/2016

hereinabove shall be payable from and after and continue unti] expiration of the collective bargaining
agreement on 12/31/2016 subject, however, to the discretion of the Trustees. After expiration of the collective
bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining
agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice
by certified mail with return receipt requested of its intent 10 terminate participation because it no longer has an obligation to

a

REV. 201407


SID - CD. Pernt Sons Wc,

v

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

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

Wages Welfare Pension Training Total
Group 1 $26.42 $8.44 $7.95 $1.00 $43.81
Group 2 $26.47 $43.86
Group 3 $26.56 $43.95
Group 4 $26.67 $44.06
Group 5 $26.82 $44.21

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

Wages Welfare Pension Training Total
Group 1 $26.67 $9.32 $8.45 $1.00 $45.44
Group 2 $26.72 $45.49
Group 3 $26.81 $45.58
Group 4 $26.92 $45.69
Group 5 $27.07 $45.84

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

Wages Welfare Pension Training Total
Group 1 $26.92 $10.26 $9.00 $100 -, $47.18
Group 2 $26.97 : * "$4723
Group 3 $27.06 $47.32
Group 4 $27.17 $47.43
Group 5 $27.32 $47.58

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

Wages Welfare Pension Training Total
Group 1 $26.92 $11.31 $9.59 $1.00 $48.82
Group 2 $26.97 $48.87
Group 3 $27.06 $48.96
Group 4 $27.17 $49.07
Group 5 $27.32 $49.22

29.


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

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 19/1/2013 and expire on 9902018 -This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement OCTOBER 1, 2013

Expiration date of collective bargaining agreement SEPTEMBER 30, 2018

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

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

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

LOCAL UNION# 118 EMPLOYER: C & M FORWARDING CO
ADDRESS: 130 METRO PARK AppREss: 45 JET VIEW DRIVE
ROCHESTER, NY 14623 ROCHESTER, NY 14624

PRINT NAME: KEVIN DALEY
PRINT TITLE: PRESIDENT

DATE: aye oa LH

DATE:

NEW YORK STATE TEAMBEREnatenaem ats PENSION AND RETIREMENT FUND
151 NORTHERN CONCOUMEESAY 13212

MAILING ADDRESS: P. USE, NEW YORK 13221- 492
SIGNATURE: DATE: WY, fa
EXECUTIVE ADMINISTRATOR

REV. 1/2012


75S

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

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 19/1/2013 and expire on 9/30/2018 -This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement OCTOBER 1, 2013

Expiration date of collective bargaining agreement SEPTEMBER 30, 2018

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

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

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

LOCAL union# 118 EMPLOYER: C & M FORWARDING CO

ADpREss: 180 METRO PARK ADpREss: 45 JET VIEW DRIVE

ROCHESTER, NY 14623

Redacted by the U.S. Department
SIGNATURE: _Mit

PRINT NAME: YGHN EMRICH

PRINT TITLE: BUSINESS AGENT

ROCHESTER, NY 14624

Redacted by the U.S.

SIGNATURE: [Department of the Treasury

PRINT NAME: KEVIN DALEY

PRINT TITLE: PRESIDENT

DATE: vA DATE: 2 -G- 1+

NEW YORK STATE TEAMS (ieee Re RMMN'SION AND RETIREMENT FUND

151 NORTHERN CONCOURS D2

MAILING ADDRESS: P.O p, NEW YORK 13221-4928

SIGNATURE: DATE: ALY,
EXECUTIVE ADMINISTRATOR

REV. 1/2012


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein
on all employees doing bargaining unit work, irrespective of whether said employees are full-time, par-tane; casual
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this mule or any other mule or provision of this Participation Agreement. # 4S defined in the llehre

Bargaining hoveements

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

Covered Group of Employees (Define) Drivers - Cropsoyvilla Quay +5250

60 Month 60 Month DB
Rehabilitation Death ($.05 if Total
Schedule Bepest dit tes of Contribution: Hourly elected) Hourly Weekly
Att

Default Oo ' etective osvo1/2084 $4.80 $4.80 $192.00
ScheduleA [] | No [1 | Effective osorzots $5.12 $5.42 $204.80
ScheduleB [] Effective 0s1/20}s $5.47 $547 $218.60
ScheduleC [a] Effective
ScheduleD [] Effective
ScheduleE [] Effective
Contract Type: (ups (J Freight-National [Construction — [_] Municipal ( Other
Covered Employees: [| Bargaining C1 Non-Bargaining

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

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

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attomeys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the

1


delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of
Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund miles and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies.

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

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

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

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

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

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

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration

2


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

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

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

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

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

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

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on
the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such
contributions shall not be paid for a period of more than _0___ weeks.

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

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided
hereinabove shall be payable from and after 7/1/2016 and continue until expiration of the collective bargaining
agreement on 9/31/2018 subject, however, to the discretion of the Trustees, After expiration of the collective
bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining,
agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice
by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to

2
REV. 201407


eZ)

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

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

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein?”
on all employees doing bargaining unit work, inrespective of whether said employees are full-time, parttime, omsuat
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other rule or provision of this Participation Agreement. 4. as def n ed iM ttre Colh Ve

THUAG,
(c) The Employer agrees to contribute as follows, not to exceed the maximum:
Covered Group of Employees (Define) Divers - Pattarsonvil Rexford Facility @
60 Month 60 Month DB
Rehabilitation Death (8.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default OO | Yes (d | Effective otmio1a $4.05 $4.05 $462.00
ScheduleA [BJ | No [@) | Effective ‘ovowsois $420 $4.29 $174.60
ScheduleB [] Effective o1otz016 ‘$455 S455 $182.00
Schedulec [_] Effective
ScheduleD [] Effective
ScheduleE [] Effective
Contract Type: (ues [] Freight-National (1 Construction O Municipal Other
Covered Employees: [i] Bargaining oO Non-Bargaining

Contributions begin on all employees fiom the first hour of the first day of employment,

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour
“yi houis per trip.

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attomeys” fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

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

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

Covered Group of Employees (Define) © & M FORWARDING CO. - PART TIME EMPLOYEES

60 Month 60 Month DB
Rehabilitation Death ($.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default [fm] | Yes (1 | Effective 10/013 $.05 05 2.00
ScheduleA [_] | No [ml | Effective 10/2014 $.05 05 2.00
ScheduleB (] Effective 10/1/2015 $.05 05 2.00
ScheduleC [] Effective 10/1/2016 $.05 05 2,00
ScheduleD ([] Effective 10/1/2017 $.05 05 2,00
ScheduleE (] Effective
Contract Type: Clues (] Freight-National C) Construction — [[] Municipal [i] Other
Covered Employees: [l] Bargaining (J Non-Bargaining

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

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

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attomeys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


660

contribute by contract or statute, c) the date the NLRB certifies the resulis of an election that terminates the Union's
representative status or, d) the date the Union's representative status terminates through 2 valid disclaimer of interest. The
Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the
Union and stich payments shall be made in accordance with the rules and regulations of the Fund. A new Participation
Agreement must be signed and submitted for each successor collective bargaining agreement.

Onn Ts
Effective date of collective bargaining agreement: [91/2016 _b
ment:| 12/31/2016

Expiration daie of collective bargaining agree

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

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

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

LOCAL UNION# 118 EMPLOYER: SQULTEA INDUSTRIAL CONTA. ING.
ADDRESS: 130 METRO PARK P ADDRESS: P.O. BOX 967
ROCHESTER, NY 14623 WEBSTER, NY 14580

Redacted by the U.S. Department Redacted by the U.S. Department of the
SIGNATUR See SIGNATURE: [eet

PRINT NAME:PAUL MARKWITZ PRINT NAME:WILLIAM S, BOULTER
PRINT TITLE:PRESIDENT, BUSINESS AGENT PRINT TITLE: PRESIDENT
DATE: Silas lit a, DATE: _§

Redacted by the U.S.

NEW YORK STATE T| Department of the Treasury SION AND RETIREMENT FUND

151 NORTHERN CON 12
MAILING ADDRESS: NEW YORK 13221-4928

SIGNATURE: DATE: 4

EXECUTIVE ADMINISTRATOR

REV. 201407


Covered Group of Employees (Define) Bargaining Unit

{  60Month | 60 Month DB
Rehabilitation | Death | ($.05 if Total
Schedule | Benefit [| ___Rates of Contribution: __ Hourly elected) Hourly Weekly
Default o | Yes O | Effective 07/01/2012 $7.95 $7.95
ScheduleA O | No m | Effective 07/01/2013 $8.45 $8.45
ScheduleB O| | Effective 07/01/2014 $9.00 $9.00
ScheduleC m| | Effective 07/01/2015 $9.59 $9.59
ScheduleD O | | Effective
SchedleE Of | | Effective

Contract Type: 0 UPS O Freight-National m Construction O Municipal O Other
Covered Employees: mBargaining O Non-Bargaining
Contributions begin on all employees from the first hour of the first day of employment.

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

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

the tenth (10th) day of the month following the month in which said monies were accrued, except
when otherwise agreed by the Fund, but not to exceed by the end of the same month due. —_

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

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer
at a time mutually agreed upon at no extra charge to the Employer. In the event it is found that
the Employer has not fully complied with the Fund rules and/or provisions of this Participation

23


|a1e

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

[PAIL 1,2016
[MARCH 31, 2018

Effective date of collective bargaining agreement:

Expiration date of collective bargaining agreement:

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

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

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

LOCAL UNION# 118 EMPLOYER: &-P. WARD

ADDRESS: 130METRO PARK ADDRESS: 100 RIVER RD.
RO! ESTER, NY 14623 _*

SCOTTSVILLE, NY 14546
Redacted by the U.S. Department
SIGNATURE: Q@ULMECSEyy

——
Redacted by the U.S. Department of the
SIGNAT ULES

PRINT NAME; DAVID WEILERT PRINT NAME; RICHARD ASH
PRINT TITLE:BUSINESS AGENT PRINT TIT(E: PRESIQENT
pate:_6 o- DATE: . LEME

Redacted by the U.S.
NEW YORK STATE TEAM Bape itu
151 NORTHERN CONCOURS
MAILING ADDRESS:  P.

PENSION AND RETIREMENT FUND
13212
USE, NEW YORK 13221-4928

DATE: y b

SIGNATURE:

EXECUTIVE

REV. 201407