\pon at no extra charge to the Employer. In the event it is Found that the Emptoyer has not fully complied with the Fund rules
and/or provisions-al this § in Agreement, the Employer shafl 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 cules,
regulations and/or collection policies.

4. The Fund shall be open io participation by any group of members belonging to. participating Union that fully complies with
all rules and regulations of the Fond. In addition. the Empioyer 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 nike contributions on all employees in this category subject to the same conditions and on the same
basis as is provided in this Participation Ageeement, and the Employer also agrees to continue fo make contributions on all these
employees for as lon: here 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 lund in order to have these non-covered employces included. Such request must
specifically define the category ar categories involved.

5. Should any of the provisions of thi licipation Agreement be declared to be in violation of the Labor-Management
Relations Act af 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 of the provisions of this Participation Agreement and such provisions are hereby

expressly declared to be saved from such illegality.

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

7. fan employve is granted a leave of absence, the Employer shall cotlect from said employee, prior to the leave of absence
being effective. sulficiem monies to pay the required contributions during the period off absence and such monies shall
thereafier he promptly forwarded to the Fund in accordance with the rules of the Fuad, Inthe event the Employer grants a leave
and does not so comply. the Employer must pay the contributions subject to all ather requirements in paragraph 2 herein.

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

9. 1a svegular employee is absend because of illness or off-the-job injury and notities the Employer of such absence, the
Employer shall continue tov the required contributions for a period of four (4) weeks, [fa regular employee is injured on
the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such
contributions shall not be paid for a period of more than _4___ weeks.

fated by any cktimant. applicant, employee, participant, the Union or the
inst the Fund, the ‘Trustees thereof or any employee. service provider,
representative or ayent thereof U1 actions and proceedings commenced by or on behalf of said Trustees against any
cfaimant, applic employee, purtivipant. the Union or the Employer pertaining to the Fund in any manner, shall be brought in
the appropriate court in the Cammy of Onondaga, New York or other applicable tribunal located therein es ept where otherwise
provided herein. ta regard to withdrawal liability arbitration proceedings, all such arbitravions shall be initiated in the Boston.
Massachtscus regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted in Syreuse. 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
grievancefarbitration procedure set forth in any collective bargaining agreement. I is specifically agreed that any action or
proceeding commenced or initiated i any other jurisdiction or yenue shall be transferred to the appropriate court of wibunal
specified herein.

10. Ail actions and proceedings commenced or
tmployer. or their agents, success

non Agreement shall become effective as of the date of exceution hereof and the payments. provided

if
vable from and alee [OSfes/2076 !

agreement on subject. however, 1 the discretion of the ‘Trustees. Afier expiration of the collective

bargaining agreement, this Participation Agreement shall continue in full force and effect until a suecessor 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 sis y (60) days advance written notice

by certified miail with returey receipt requested of its intent to terminate participation because it no longer has an obligation to
2

>
‘tr

hereinabove shall be pi

and continue until expiration of the collective bargaining,

{05/22/2019

REV, 201407


$5914

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
tegard to federal district court actions, all such actions shall be commenced and heard in the United States District
Court for the Northern District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venue shail be transferred to the appropriate court or tribunal specified herein.

\1. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 04/01/2014 __ and expire on .09312017__ This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agresment must be
signed and submitted for each subsequent collective bargaining agreement,

Effective date of collective bargaining agreement 94/01/2014

Expiration date of collective bargaining agreement 03/34/2017

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

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

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

LOCAL UNION# 560 EMPLOYER; |}eamsters Local Union 560

Appress: 707 Summit Avenue ApprREss; 707 Summit Avenue

Union City, Nu Union City, NJ
Redacted by US Department of the

SIGNATURE;,

PRINT NAME:,

PRINT TITLE;
é Department of the
DATE: Treasury DATE:

Net yoni stave ‘TEAMST} SION AND RETIREMENT FUND
15 RSH v
MAILING ADDRESS: | P. <i INEW YORK 13221- 492

SIGNATURE: Departmen DATE: 7 {

EXECUTIVE Wag

REY. 11/2012


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 & 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:

Driv
Covered Group of Employees (Define) els
60 Month 60 Month DB
Rehabilitation Death ($.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default Bm) | Yes (©) | Effective ozminois $7.1762 $7,762 Alt Hours Pald
ScheduleA [] | No [®] | Effective 7ovzo1s $7.6088 $7.0008 All Hours Paid
ScheduleB [J Effective 712017 38,0892 '$8.0632 All Hours Pald
Schedulec () Effective
ScheduleD [] Effective
ScheduleE ([] Effective
ScheduleG ([] Effective
Contract Type: Clues (1 Freight-National {@] Construction [J Municipal CO Other

Covered Employees: [BJ 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 cmployees, 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


v0

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
Agrcement must be signed and submitted for cach successor collective bargaining agreement.

Effective date of collective bargaining agreement; 01/01/2016

Expiration date of collective bargaining agreement: h 2/31/2019

12, The Employer and its employces shall not be entitled 1o 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# 529 EMPLOYER; Teamsters Local 529
ADDRESS: 129 Chemung Place ADDRESS: 129 E Chemung Place
Elmira, NY 14904 Elmira, NY 14904

Redacted by US Redacted by US Department of
SIGNATURE:_ fgg of the Treasury SIGNATURE: (emia

PRINT NAME:___@reharal Dexter PRINT NAME:__ AoA <7 /e7Te

PRINT TITLE:Secretary-Treasurer PRINT TITLE; President
Redacted by US = see
DATE: Department of the DATE: __3=2./—20/z

PENSION AND RETIREMENT FUND
151 NORTHERN CON G32 RSS 1M 13212
MAILING ADDRESS: (geese SE, NEW YORK 13221- 492

DATE: Z/af{fr

REV. 201407


71334

contribtte by contract oy statute, ¢) the date the NLRB cerlifies the resulis of an election that terminates the Union's
representative status or. () the daie the Union's representative status terminates through a valid ctisclaimer of interest, The
Employer shill pay any contribution vate inereases due under the Relabilitation Plan in effect during negotiations with ihe
Union ard such payments shalt be made in accordance with the rules and regulations of the Fund. A new Participation
Agreenient must be signed and submitted lor each successor collective bargaining agreement,

;
Effective date of collective bargaining agreemen: 99/29/2018

ayreement: [osraara01 s

Expiration date of volleetive bargaining

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 Agreemvnt represents the entire agreement and understanding of the partigs and supersedes all prior or
contemporaneous agreements or understandings. whether onl or written, As such, this Participation Agreement may not be
Modilied except by a writing signed by all pw unther, to the extent there exists any contlict between any provisions of this
Panicipation Agreement and any provisians of the collective bargaining agreement. this Participation Agreement shall control.

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

LOCAL UNION# 569 EMPLOYER; Transervice Logistics, Inc.
Division Reliabla Transon

ADDRESS: 5 Dakota Drive
Redacted by US Department of the Treasury

DATE:

ae -La

BION AND RETIREMENT FUND
IEW YORK 13221-4928

SIGNATURE DA’ L ig ¢

EXECUTIV!

REV. 201407


b ay GS a pey gon BUigay a =
RSS a Pe AME vette Should) Wir tor

Portled Concrete 15284

vacation duties. There shall be no change in the vacation schedule after the posting period,
unless mutually agreed upon by both the Employee and the Employer.

Section 7.4 - The total number of all Employees working under this contract who
shall take their vacation at the same time, will be limited to three (3) men or ten (10) percent
of the men covered, whichever number is the lesser.

Section 7.5 - A regular Employee shall be one who has been in the employ of a firm
for at least thirty (30) days accumulated, and who during that thirty (30) day period has
averaged twenty-four (24) hours of work per week. Such Employees shall be paid weekly
and on a regular week day.

In the case where it is replacement employment, such as Employees off on vacation,
compensation, disability, etc., the Employee will not gain seniority until he has been
employed as a replacement for more than one hundred (100) days. For fringe benefits on
replacement Employees, the Company will pay per hour:

Health and Welfare: July 1,2012 $8.44

Tuly 1, 2013 $8.87
July 1,2014 $9.31

Pension: July 1, 2012 $3.51 per hour paid up to a
July 1, 2013 $3.78 maximum of 50 hours per week
July 1, 2014 $4.07

Section 7.6 - Except as provided in Section 7.7, aregular Employee shall be notified —
at least three working days in advance of his notice of layoff, otherwise he shall receive three
(3) full day's pay. For replacement help or newly hired Employees after January 1, 1983, the
three (3) day's notice shall be suspended and an Employee may be called into work for one

(1) day and be paid for that one (1) day alone.

11


4074

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.

ts [June 1, 2015
|May 31, 2020

Effective date of collective bargaining agreemen

Expiration date of collective bargaining agreement:

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

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

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

LOCAL UNION# 449 EMPLOYER: Thruway Builders of Orchard Park

ADDRESS: 2175 William Street ADDRESS: 8-3515 California Road
Redacted by US Department

Redacted by US Department of the
enn) easury

PRINT NAMES PRINT NAME:_Jeff Lewis

PRINT TITLE:__Business Agent PRINT TITLE;,
=

DATE: G23 )LX

Ved

NEW YORK STATE TEAMS)
151 NORTHERN CONCOURY
MAILING ADDRESS: P.O.

ENSION AND RETIREMENT FUND

EW YORK 13221-4928

’

SIGNATURE: DATE:

EXECUTIVE

REV. 201407


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 haye 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 returns to
work. However, such contributions shall not be paid for a period of more than 52 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

2


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 aboye.
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 returns to
work. However, such contributions shall not be paid for a period of more than 52 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

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 maximum:

Covered Group of Employees (Define) Teamsters Local 687 - Business Agents

REHABILITATION
Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective 8/1/15 $14,665 O UPS (=) Default
Effective 8/1/16 owed PETE URS im FREIGHT — National [] — Schedule A
Effective 8/17 Foto Fut Time UPS [] FREIGHT —Area (1 Schedule B
Effective L] CONSTRUCTION L] Schedule C
Effective im MUNICIPAL im Schedule D
Effective [a] OTHER LJ Schedule E
Covered Employees: [] Bargaining [@ Non-Bargaining

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

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


THE NEW YORK STATE

AMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATION AGREEMENT

ticipation ument. executed by the undersigned Teamsters Lacal Union (heteinatter “Union") and Employer.
for participaion in the New York State Teamsters Conference Pension & Retirement Fund (hereinafier “Fund").
The Employer, its participating employees. and the Union, as & 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 {he Fund now and/or
hereafter adopied hy the Board offrustwe:

(6) The Employee and Union understand and agree that the Fund contributions shal) be made, as set forth herein, on all
employees doing bargaining unit Work, irrespeetive of whether said employees are (full-time. part-time, casual or seasonal,
except as is otherwise provided hein. No agreement between the Emplo: id the Union shall alter this cule or any other
rule or provision oF this Participation Agreement.

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

Drivers - Transervice Logistics, Inc. #7334

Covered Group of Employees (Deline)

60 Month 60 Month DB
Rehabilitation Death (8. Total
Schedule | Beneltt | Rites of Contrihyion. Hourly Hourly
Delinult | yes © | tnecive COCO, sway =
ScheduleA [J | No [m} fective 20090
Schedule [J 210307 Pam
Schedulec =
Schedule D o Set
Seledute RE [] eae ee
Schedule G = LI
Contract Type: Ours C1 Freight-National O)Construction — [) Municipal [&) Other

Covered Employees: [] Bargaining (1 Non-argaining,

Contribations begin an all eoiployees troay the First houe of the tirst day ofemployment.

Formula for Road Drivers Contributions: Totl miles driven in a tour of duty divided by 23 miles per hour equals |ours
per irip.

(cl) Ail stich payments to be made to the Fount are to be received by the Fund office on or before the tenth (10th) day of the
inonth Following the month in which said monies were ycerued, except when otherwise agreed by the Fund, bul not to exceed
by the end ofthe same movil due.

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

fable for all employee benefit claims Ww ye ineurred during the period of delinquency, damages. reinvbursement to the Fund
‘a!

for the Fund's attorn

imidijors ‘ourt costs, disburscmenis and expenses incurred by the Fund in recovering the
above, In addition, the Eniployer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent
(10%) of the delinquent amount, “The fate payment of any definguency by the Employer shall not in any way relieve it from the
obligations set forth above. te addition, when the Employer is notified in writhhg by the Fund that it is delinquent, the
Employer mast immediately pay the delinguent amount to the Fund. ARer said payment, the Employer may appeal the Fund's
decision to the Board of Tusiees, whose decision shill be final and binding. In the event of failure of ihe Employer to comply
With any of the yules of he Five. the Employer and all its participating employees. at the Pund’s sole discretion, shall cease to
pacticipate in the Fund, and the Employee shall be responsible for nil the benefits and all other charges specified herein,

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

(
REV. 201407


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) Teamsters Local 687 - Office Staff

REHABILITATION
Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective 8/1/15 $12,648 CE] Ups fm) Default
Effective 8/16 Fotion UPS eros (| — FREIGHT — National L] Schedule A
Effective 6/1/17 Ja sesh LJ FREIGHT Area LJ Schedule B
Effective im CONSTRUCTION [] Schedule C
Effective O MUNICIPAL oO Schedule D
Effective [a] OTHER LJ Schedule E
Covered Employees: [_] Bargaining (@ Non-Bargaining

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

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


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 Employcr 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 employce 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 returns to work. However, such
contributions shall not be paid for a period of more than _N/A_ 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 transfetred to the appropriate court or tribunal
specified herein.

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

7/1/2015

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

agreement on |er30/2018 subject, however, to the discretion of the Trustees. After expiration of the collective
bargaining agreement, this Participation Agreement shall continuc 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


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. 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 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 52 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 01/01/2016 and continue until 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 to terminate participation because it no longer has an obligation to

2

REV. 201407


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

1. (a) This Participation Agreement, executed by the undersigned 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) Teamsters Local Union 560

60 Month 60 Month DB
Rehabilitation Death (3.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default fl | Yes (1 | Effective oaouzors $11.65 511.65 $466.00
ScheduleA [] | No {ml | Effective ovow2015 $12.35 $1235 $494.00
ScheduleB Effective o#onzai6 $1309 $13.09 $523.60
Schedulec [] Effective
ScheduleD [] Effective
ScheduleE (] Effective
ScheduleG [] Effective
Contract Type: Ours C1 Freight-National C1 Construction [| Municipal [Bh Other
Covered Employees: [_] Bargaining (@) Non-Bargaining

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

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


7330

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 8/41/15 and expire on 7/31/18 -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 8/1/15

Expiration date of collective bargaining agreement 7/31/18

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# Teamsters Local 687 EMPLOYER: }eamsters Local 687

Appress: 14 Elm Street ApDpress: 14 Elm Street

h 676
Red: ced y US Department of the

SIGNATU
PRINT NAME: Mickey S. Smith PRINT NAME:
PRINT TITLE: Business Agent PRINT TITLE: PEO

GF
cat F- Redacted by US DATE: Pia Roe
Department of the
Treasury

DATE:

NEW YORK STATE TEAM:
151 NORTHERN CONCOU
MAILING ADDRESS:  P.

NSION AND RETIREMENT FUND
212
E, NEW YORK 13221-4928

SIGNATURE: DATE:

XECUTIVE

REV. 5/2010


TWOw

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 8/1/15 and expire on 7/31/18 -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 8/1/15

Expiration date of collective bargaining agreement 7131118

12. The Employer and its employees’ shal! 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 cach of their
signatures below.

LOCAL uNION# |eamsters Local 687 EMPLOYER: |@amsters Local 687

AppREss: 14 Elm Street Appress: 14 Elm Street

Potsdam N 6/6
Redacted by US Department of the

SIGNATURH
PRINT NAME: Mickey S. Smith saeatial
PRINT TITLE; Business Agent PRINT TITLE; PEO
DATE: IP at — DATE: q@— F— |g

Department of the Treasury

NEW YORK STATE TE, PENSION AND RETIREMENT FUND
151 NORTHERN CONC§ 13212
MAILING ADDRESS: ISE, NEW YORK 13221-4928

SIGNATURE: DATE:

REV. 5/2010

w


Troy Sand & Gravel

#5497 Page | of 1

Troy Sand & Gravel
Kathy Harkins [KHarkins@teamsterslocal294.orq]

Sent: Tuesday, August 11, 2015 11:46 AM

To: Lesley DeBuque CLkG
Leslie — Troy Sand & Gravel are part of the Bonded Ready Mix Agreement. Sas st
Do not have their own Cope

Kathleen A. Harkins, Office Manager D
Teamsters Local 294 uf, 6) el / Schedule

890 Third Street
Albany, NY 12206

tae ae sp soll?

http: //www.teamsterslocal29+4.org/

https://exchange.nytfund.org/owa/?ae=Item&t=IPM.Note&id=RgAAAADJs7sdVW%2in... 8/11/2015


upon al no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules
and/or provisions of this Participation Agreement, the Employer shall pay the {ull 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 employces 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 monics 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 oul 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 returns to work. However, such
contributions shall not be paid for a period of more than __52__ 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,
Tepresentative 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.

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 01/01/2016
agreement on [12/31/2019 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 Trustecs 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

and continue until expiration of the collective bargaining

REV. 201407


The Wesson Oroup
HEAVY AND HIGHWAY AGREEMENT LLP
ONONDAGA COUNTY
EFFECTIVE: APRIL 1, 2013 - MARCH 31, 2016

ARTICLE 16 _- WAGE RATES

The wage rate for employees covered by this Agreement shall start the first full payroll period beginning on or
after the effective dates as follows:

4/1/13 6/1/13 6/1/14 6/1/15
Group 1 $21.02 $21.09 $21.84 $22.62
Group 2 $21.22 $21.29 $22.04 $22.82

GROUP 1: Warehousemen, Yardmen, Truck Helpers, Pickups, Panel Trucks, Flatboy Material Trucks [straight
jobs], Single Axle Dump Trucks, Dumpsters, Material Checkers and Receivers, Greasers, Truck Tiremen,
Mechanic Helpers, Parts Chasers, Tandems and Batch Trucks, Mechanics, Dispatcher, Semi-Trailers, Low-boy
Trucks, Asphalt Distributor Trucks, Agitator, Mixer Trucks and dumpcrete type vehicles, Truck Mechanic and Fuel
Truck.

GROUP 2: Specialized Earth Moving Equipment-Euclid Type, or similar off-highway equipment, where not self-
loaded, Straddle [Ross] Carrier, and self-contained concrete mobile unit, Off-Highway Tandem Back-Dump, Twin
Engine Equipment and Double-Hitched Equipment where not self-loaded.

ARTICLE 21 HEALTH AND WELFARE

The Employer agrees to participate in the New York State Teamsters Council Health and Hospital Fund for each
employee covered by this Agreement within the jurisdiction of the Teamsters Local 317, and abide by the rules
of said Fund set forth in the signed Participation Agreement. The employer agrees to contribute the following

tates for all hours paid as follows: WHQe
4/43 6/1/13 6/1/14 6/1/15
$11.93 $12.96 $13.29 $13.56

All Employers who have not signed the applicable stipulation required will sign the applicable stipulation at the

pre-job conference prior to commencement of work. Failure to sign said stipulation shall invalidate the no-
strike clause.

ARTICLE 2 PENSION
4/1/13 6/1/13 6/1/14 6/1/15

$6.62 $7.02 $7.44 $7.89

The Employer agrees to contribute the following sums for all hours paid, to any and all employees, into the New
York State Teamsters Conference Pension and Retirement Fund. The employer agrees to sign the standard Fund
Participation Agreement as required by the Fund Trustees.

UNION DUES

4/1/13 6/1/13 6/1/14 6/1/15
Group 1 & 2 $53.00 $53.00 $55.00 $57.00



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 12__ 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 June 1, 2015 and continue until expiration of the collective bargaining
agreement on May 31, 2020 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

5

REY. 201407


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
tule or provision of this Participation Agreement.

(c) The Employer agrees 10 contribute as follows, not to exceed the maximum:

Teamsters Local 529 President & Secretary/Treasurer #610
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 fH) |} Yes (J | Effective ovoreos $13.86 13.86 554.40
ScheduleA [] | No — [a] | Effective ovotzoi7 $14.69 14.69 587.66
ScheduleB [] Effective o1/ovao18 $15.57 15.57 622.92
ScheduleC [] Effective ovovzo19 $1651 16.51 860.30
ScheduleD [J Effective

ScheduleE [J Effective

ScheduleG (] Effective

Contract Type: Oups ( Freight-National (Construction [Municipal [&) Other

Covered Employees: [_] Bargaining [®] Non-Bargaining

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

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

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

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer
liable for all employce 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 bencfits 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


F9asy

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

Effective date of collective bargaining agreement:

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

LOCAL UNION# 449 EMPLOYER:_Teamsiers Local Union No. 449
ADDRESS: 2175 William Street ADDRESS: 2175 William Street
N Buffalo, NY_ 14206 =
Redacted by US Department of the Redacted by US Department of the

SIGNATURE:_Miial SIGNATURES
PRINT NAME:George E. Harrigan PRINT NAMEwefirey S. Brylski
PRINT TITLE:;Principal Officer/Secretary-Treasurer/BA PRINT TITLE; Presideny/BA
DATE;__-A LLLL DATE: Z17¢/ 0

Fy a a

NEW YORK STATE BE delat
151 NORTHERN COMES
MAILING ADDRES

IENCE PENSION AND RETIREMENT FUND
NY 13212
RACUSE, NEW YORK 13221-4928

SIGNATURE: DATE: 2/

REV. 201407


ihe 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 Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shalt 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 inyolyed.

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, [fai 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 ditties,

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 returns to
work. However, such contributions shall not be paid for a period of more than xxx 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 ather applicable

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, 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:

Truck Drivers (Thruway Builders of Ochard Park)
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 1 | Yes (1 | Effective sune1,2015 2.63 NA 2.63 105.20
ScheduleA [®] | No [®] | Effective June1, 2016 273 NA 279 111.60
ScheduleB [] Effective June 1.2017 2.95 NA 2.95 118.00
ScheduleC [] Effective June 1,2018 3.13 NA 3.13 425.20
ScheduleD [] Effective June 1, 2019 332 NA 3.92 192.80
ScheduleE [J Effective

ScheduleG [] Effective

Contract Type: (ups (1 Freight-National (1 Construction [] Municipal [Other

Covered Employees: [l] 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 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