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) Syracuse Teachers Association - Full-Time Employees lit £3
REHABILITATION
Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective ovovzo14 $5.46 $218.40 UPS Default
Effective 97/01/2015 $5.82 $232.60 FREIGHT — National Schedule A
Effective o7ow2o16 $8.20 $248.00 FREIGHT — Area Schedule B
Effective CONSTRUCTION Schedule C
Effective MUNICIPAL Schedule D
Effective OTHER Schedule E
Covered Employees: [ll] Bargaining (CJ 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

1


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

{. (0) This Participation Agreement, execited by the undersigned Teamsters Local Union (hereiuafier Union") and
Employer, is the besia for participation in the New York State Teamsters Conference Penstou & Retirement Pond
(hereafter “Fund”), The Employer, its participating employees, and the Union, 95 4 condition of participation in
this Fund, are bound by this Participation Agreement aud all of the rules and regulations of the Fund uow and/or
hereatter adopted,

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set fort herem,
ou all employees doing bargnining (ait work, irrespective of Whether said ermployees ate full-time, part-time, casual
of Seasonal, except as is otherwise provided berein. No agreement between the Employer and the Union shall alter
this cule or any other rile or provision of (his Participation Acreement.

(c) The Employer sgrees to contribure as follows, nov to exceed the maximum:

Covered Group of Employees (Define) Srmtuse tarann Coneany - Cancat

60 Sorel 60 Mant) DB
Rehabilitation (5.05 tf Total

Schedule Rates of Contribntion: Hourly clecied) Hourly Weekly
Default Effective sunut 6 $3.18 $5127.20
Schedule A ; bo a Effective sunes Bas ns rot]
Schedule 5 Effective vows Ra 3357 eA0
SchedwieC |_| Effective
Scheduled [) Effective
SchedileE () Effective
Contract Type: ()urs (7) Freight-National ([) Construction — [7] Municipal (@ Other
Covered Employees: {Mf Bargaining {-] Non-Bargaining

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

Porutla for Road Drivers Coutributiots: Total imales driven in a tour of duty divided by 25 miles per hour
equals hours per trip,

{@) All sweh payments to be made to the Fund are fo be received by the Fund office on or before the tenth (10th)
day of the mouth following the month i which said monies Were accrued, except when otherwise agreed by the
Fuud, but wot to exeeed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of ils employees as specified herein shall make the
Employer liable for all employee benefit clanns which are incurred during the period of delinquency, damages.
reimbursement to the Fund for the Fund's attorneys” fees, auditors’ fees, coust costs, disbursements and expenses
incited by the Find m recovering the above. Tu addition, the Employer suust pay all attears duc the Fimd together
with liquidated damages in the sum of fen percent (10%) of the delinquent amount. The Inte payment of any
delinquency by the Employer shall not im any way relieve it from the obligations set forth above. In addition, when
the Eayployer is notified uy writing by the Fund that it is delinquent, the Employer snust immediately pay the


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 fo 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 inchided, 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 pgrees to continue to make contributions on all these employees for as long as there shall be o
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 declarmtion
shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
such provisions ure 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 &
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. Th 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 (o carry out its duties,

9. Wa regular employee is absent because of Hines or off-the-job injury and notifies the Employer of such absence,
(he Employer shall continue fo make (he 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 fora period of more thun 22 weeks,

10. Altactions 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 w the Fund in
any manner, shall be brought in the appropriate court in the Coumy of Onondaga, New York or other upplicable
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


Aiport at yo extra claree 10 tie Employer. inthe event it ts foune that the Employer has nul filly cowmplied with the Frnd rules
aniing provisions of thie Participation Agreement, the Employer shall pay the full cost ofthe audit that tus heen performed by

Ale Fund In addition, the Employer shall be responsible as ser forty in this Participation Agreement and the Find's vules,
regulatings and/m collection policies,

4, The Fund stall be open ro participation by any group of members belonging toa parécipating Uition that fully conyplies with
all roles and regulations of the Mund ty addition. the Enytuyer may contritutc to the Fund for enployees working ouiside (he
jurisdiction of the collective hargaMing agreenient wv the Anning indicaied above. However, if these employees are included,
the Employer aareer to wake courritanions on oll employees i this category subject to the same conditions and on the sane
hasis as fs provided iy (his Maricimnion Ayreerent, and the Exyployer alsa agrees to continue to make contriiutions on all these
employees for az fony as there shall be 4 eallective banging agreement kelween the Employer and the Union, subject ta any
crud all jules an regulations OF decisions Coverive this croup that ary ksued by the Fld The Employer must request in writing
Wit receive writen Approval from the Fund pt onder ts love (hese nucovered employees inchwted. Such request must
specifically define ihe vategury HF cabegosies Hwwinl ved

3. Should any of the provisions of thie Miticipaiion Agreenwat be dectared su he in yiolation of fhe Labor Management
Relations Actot 1047, as aended. or ais ather Slate or Peder! statute or regulation. such declaration shall inne say dapair
the effectivencst or emnlinully of tho fest of the provisions of this Punieipation Agreement and such provisions are lereby
exprestly declared 1 b¢ saved Hom such ilegality,

6. Paynyents 16 the Froud pict be mtate by the Exipboyer for all compensable vacation and buliday tinve ty to a maxim of
one (ill calendar 5 ear

7 Wan employer is eranied p leave of absence. the Entployer shall colleet Hom said employee, prior to the leave of alwence
beliy cffective, aifficlem monies 10 pny the required conmibutions ducing the period of ubsence and such rmopnics shall
thereafter be promptly fortapeted ta We Mune iy accerdance witty the pules of tive Fund tn the evens the Employer grants oleave
und does not su comply. ihe Rivployer mat pay the contributions subject to alt ober requirements in paragraph 2 herein.

A. The Employer agrees to Hiriigh ach information wy ray be necessary fo erable ie Fund i carey our ity dhities,

0. Wa regular eniployee ty alwent because of iMnese or off-the-job injury and notifies the Eavptoyer Of sucl absence, the
Eauptoyer shill continue to irutke the required comtributtoms fora period of four (4) weeks, In regular employee is injured on
the job, the Geyployer shall comtinwc i pay fee required commbwinns unlit such employee relumes to work, However, such
cumnielbutions shall not be pad for u period of yrore than SF weeks.

10, All actions and procecings commenced or Initiated by any claimant, applicant. employer, participant. the Union or the
Employer, or their agems, successors ow assigns, against the Fund, the Trustees thereof or any employee, service provider,
Tepresentative or agent thereal, and all actions ard proceedings conwnenced by or on behall of said Trustees agains aay
claimant, applicant. employee. participant. te Union or the Employer pertaining to (he Fund iy) ony numer, shal) be brought in
the appnipriate covet in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise
provided herein, lit reward to withdrawal liabilliy urbitetton proceedings, all such arbitrations shall be initiated in the Boston,
Massachiwmetrs regional office of the American Arbitnaion Assuclution and all hearings and veluted proceedings stall be
conducted in Syradiwe, New Vork, ty reyand bo federal districi court actiims, all such actions shall be commenced and heard In
te Wilted States Disteict Coun for whe Northern Diswict of New York The Fund wall pot be subject wo any
Brlevance/ariifmaiiun procedure wet orl Wy any collective bargaining ayreement [5 |p specifically agreed that any action or
procesifing commenced or luitimied Wi any Giller jurisdiction ar venue shall be transferred (0 (he appropriate court oF Witunal
‘specified heroin.

11, Tha Participation Agroenwnt Shall beconie effective as of the date uf execution hereal and the payments provided

Horeimtuive slutt Hee maydbite fisuas und after (1/01/2016 ana! continue until expiration af the collective bargaining
agyeement on fran subject, however. ty lhe diyeretiun of the Trustees. Afier expiration of the collective

barpaming agreement, this Participation Agreement shall continue in (ull force and effect until a svecessor collective bargaining
Agreement is execuied by the Employer and Union unless a) the Trustees terminate the participation ef the Employer and
Provide written notice of the daie of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice
by certified quail with retien receipt requested of tts intent to lerminate participation because it nn longer has an obligation to

2
REV 201407


Trustees, whose decision shal! be final and binding. In the event of failune 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. fn 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. {n 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 ta 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 shal) be a
collective bargaining agreement between the Employer and the Union, subject to any arid all rules and regulations or
decisions covering this group thut ure issued by the Fund. The Employer must request in writing and receive written
approval from the Fund in order to have these nan-covered ermployees included. Such request must specifically
define the category of 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 sny 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 compenseble vacation and holiday time up to a
maximum of one full calendar year.

7. fan 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 Eroployer agrees to furnish such information as may bt necessary to enable the Fuld 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 lar 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 fora period of more than 52 weeks,

10. All actions and proceedings commenced or initiated by any clainvant, applicant, employee, participant, the Union
or the Employer, or thelr agents, successors or assigns, against (he Fund, the Trustees thereof or any employee,
service provider, representutive 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 (he Boston, Massachusetts regional office of the American

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

GREEMEN'

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) Syrcuse Teachers Association - Part-Time Employees GU?4
REHABILITATION
Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective ovoweors $2.39 $95.60 UPS . Default
Effective ov/0w2015 $2.54 $101.60 FREIGHT — National Schedule A
Effective ovow2o16 $271 $108.40 FREIGHT — Area Schedule B
Effective CONSTRUCTION Schedule C
Effective MUNICIPAL Schedule D
Effective f=] OTHER C1 Schedule E
Covered Employees: [Ml] Bargaining (CD 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


delingueut amount to the Fund. After said payment, the Employer omy appeal the Fund's decision to the Board of
‘Trustees, whose decision shall be final and binding Ly the event of failure of the Eumployer to comply with any of
ihe miles of the Fund, the Employer and all its participating employees, at the Pund’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 auy time, andit the payroll records of ay and all employees of the Employer at a tinve mutually
agreed upow al no extra charge to the Employer. In the event it ts found that the Employer has aot fully complied
with the Fund niles and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
andit that has been perfonued by the Fund, In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund's ules, regulations and/or collection policies.

4, The Fund shall be open to participation by any group of menibers belonging to a participating Union thal fully
comiplies with all rules and regulations of the Fund. hy addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement im the amount indicated above
However, if these employees ore inclided, the Employer agrees to make contributions on all employees in this
category stibject to the same couditions and ou the sae basis as is provided i this Participation Agreement, and the
Employer also agrees fo continue fo make contributions on all these employees for as loug as there shall be «
collective bargainmg agreement between the Exaployer and the Union, subject to any and all niles and regulations or
decisions covering this group that are issued by the Fund. The Employer wiust request iv writme and receive written
approyal from the Fund in order to lave 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 auended, of any other State or Federal statute of regulation, such declaration
aball in no way impair the effectiveness or continuity of the vest of the provisions of this Participation Agreement and
such provisions are hereby expressly declared to be saved from such illegality.

6, Payments to fhe Fund mnst be made by the Eruployer for all compeusable vacation and holiday tine up to a
neaxtmtum of one full calendar year

7. Than employee is granted a lenve of absence, the Ewployer shull collect from said employee, prior to the leave of
absence being effective, sufficient momies fo pay the required contributions during the period of absence and such
monies shall thereafler be promptly forwarded to the Fund 1 accordauce with the miles of dhe 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 swelr information ws may be necessary to enable the Fund (o carry out its duties.

9. Ifa regular employee is absent because of illuess or off-the-jol myury and notifies the Employer of such absence.
the Enyployer shall continne fo make the required coutrilntions for a period of four (4) weeks. Ifa regular employee
1s injaved on the job, the Employer shall continue to pay the reqnired contributions until such employee remms to
work. However, such contrilittions shall not be paid for a period of nore than 52 __ Weeks.

10, All actions and proceedings commenced or yniliated by any claimant, applicant, employee, participaut, 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
‘Youstees against any claimant, applicant, euyployee, participant, the Union or (he Employer pertaining to the Fund in
aby manwer, shall be brought in the appropriate coun in the County of Onondaga, New York or other applicable
tribunal Jocated therein except where otherwise provided herein Li regard to withdrawal liability arbitration

2


IW\0

trbitvations shall be initiated in the Boston, Massachusetts regional office of the Amencan
mand all hearings and related proceedings shall be conducted im Syracuse, New York. In
‘al district court actions, all such actions shall be commenced and heard m the United States Distinct
Court for the Northern District of New York. It is specifically agreed that any action or proceeding commenced or
minated m any other jurisdiction or venue shall be transferred to the appropmate court or tibunal specified bereim.

proceedings, all such
Aibitratio Assoct
regard to fedle

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 08° and expire on erent shall cowie in full
forve aud effect for the same tenn as the collective bar . Anew Participation Agreement must be

ba

signed and swbimutted for each subsequent collective

AaNe AgTeeMNeN

Effective date of collective ba ‘emen August 20, 2012

Expiration date of collective bargaining agreement August 19, 2017

12) The Employer and its employees shall not be entitled to participate m this Fund unless the Employer and the

Union are signatory toa current Participation Agreement

13. This Particspal greeiment represents the entire agreement and widerstanding of the parties and supersedes all
prier or courenmpors agreements or understandings, whether oval ot written. As such. this Participation
Agreement may not be modified except by a writing signed by all parties

BOUL

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

LOCAL UNION# 375_ EMPLOYER. Strate Welding Supply Co., Inc.
yppress. 656 Englewood Avenue ApprEss: P-O, Box 570
Buffalo, NY 14223 Buffalo, NY 14207
Redacted by the U.S. Department of
SIGN AUERECERTG

.F. Russell Strate, Jr
PRINT TITLE; President
DATE August Do 2012

PRINT NAME: Michael N. Wach PRINT NAN
PRINT TITLE: PresidenlPEO/Business Agent
DATE; f-29- 20/e- Pg

Redacted by the U.S. Department of
ithe Treasury

NEW YORK STATE
15] NORTHERN CO?
MAILING ADDRESS

DN AND RETIREMENT FUND
EW YORK 13221-4928

DATE __ (aa

SIGNATURE:
ENECt

REV. 1/2012


aK
Sones Wesicn NC. Ne T

MEMORANDUM OF AGREEMENT
BETWEEN
TEAMSTERS LOCAL 317
AND
CONSTRUCTION EMPLOYERS ASSOCIATION OF CNY, INC.

TERM OF AGREEMENT: June 1, 2012 through May 31, 2016

Employees to receive a $.10 per hour increase to wages effective June 1“ each year of the
agreement.

ARTICLE 22: WELFARE FUND
Health coverage will be provided by the New York State Teamsters Health and Hospital Fund. The

employer agrees to contribute the hourly rate set forth for each year not to exceed forty [40] hours
per week.

6/1/12 6/1/13 s/s S/S
$8.74 $9.05 $9.54 $9.99

ARTICLE 23: PENSION FUND

The employer agrees to contribute the following rates per hour to the pension fund effective June 1*
of each year of the agreement as set forth below:

\ $2 G/B G/TMI4 G/N schauic E
| $9.05 $10.09 $1075 $11.45 ;
uuon puss: |) SN gg, be
Monthly union dues will be calculated at 2 Va times the hourly wage rate as deducted from gross pay
after taxes.

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

Redacted by the Us. Department of the Treasury 7



A385

NLRBG cenifies the results of an ¢
5 lemiinites through

contribute by «

ction that terminales the Union's
aimer of interest, The
goliations with the
id such payments. shal A new Participation

roensent must be

ved and sulbmitied fo

Effective date of collective bargaining

Expiration date of collective barguinini

The Employer and its employees shall not be enjitled to participate in this Fund unless the Employer and the Union are
atory to a cuinent Participation Agreement

oral or written, As sucl

co
modified excep by a writing
Participation Ay

AIparAneous Agreeny , this Participation Agreement may not be
it there exists any conflict between any provisions af this

semen, this Participation Agreement shall control

The panties her

LOCAL UNION 317 EMPLOYER: Stadium Inter
Mochi

ADDRESS:

ADDRESS; PO Box 2648

SIGNATLY SIGNATUR!
PRINT NAM
PRINT TITLE:Susina
DATE: jlufle

Department of the

NEW YORK STATE TEAMIREES AG PENSION AND RETIREMENT FUND
131 NORTHERN CONCOU ES

MAILING ADDRESS:  P. SE. NEW YORK 13221-4392
SIGNATURE DATE: Hof

PRINT NAME:_ ‘
PRINT TITLE:_ Face new D
DATE ahlie =

REV, 201407


Slo 57

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

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 9WO1t4 and expire on 1231/16 -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 agreement.

Effective date of collective bargaining agreement 01/01/14

Expiration date of collective bargaining agreement 12/31/16

12. The Employer and its employees shall uot 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
pnior 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.

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

LOcAL unions 315 EMPLOYER: Syracuse Banana Company
Sales
AppREss; 566 Spencer Street _ appREss: 900 Wolf Street

Syracuse, NY 13204 Syracuse, NY 13208

SIGNATU

PRINT NAME: Scott M. Farley

PRINT NAME: Crévew( y Duca

PRINT TITLE-Business Agent PRINT TITLE:_ G29
= =
DATE: G Le DATE: BWiSi5
Redacted by the U.S ai
Department of the
NEW YORK STATE TEANMAtnmald PENSION AND RETIREMENT FUND

151 NORTHERN CONCO
MAILING ADDRESS; P.

13212
USE, NEW YORK 13221-4928

SIGNATURE: DATE:

EXECUTIVE ADMINISTRATOR

REV. 1/2012


delinquent ponent to the Fund Alter sad poynvent, the Employer romy appeal the Fund's deersion to the Boant of
Tilistees. Whose deerston shall be fail and biidie. Ta the event of failue of the Employer 16 eciply with any of
the niles of the Final, the Employer and all ats partivipatiw employees. at the Fuad's sole discretion, slut! cease ro
yottteeapate ui the Find, aud the Employer shall be responsible for all the benefits pnd all other charges specified

heren.

3, The Fume parry, at any time, piedit the payroll records of any and all eniployees of the Exuployey at # tine munally
Agreed wpow M Ho exten charge Yo the Exyployer, In the event it is found that the Employer las not fully comphedt
with the Fiuw! rules aud/or provisions of this Participation Agreement. the Employer sliall pay the full cost of the
audit that hos beew performed by the Fund. lu addition, the Enployer shall be responsible as set forth in this
Partieyntion Agreement and the Fund's rules, regulations and/or collection policies.

1. The Fund shall be open to particypition by quy group of members belonging to 4 participating Unvon that fully
complies with all ndes aud resulations of the Find. iy addition. the Employer may coutibute to the Fund for
craployees working outside the jurisdiction of the collective bargainme agreement in the amount mdiented above

However; Hf these employees are included. the Enyployer aurees to unake coatiburians oi all eiployees i thie
category subject to the sume conditions and on the same basis as is provided iy this Participation Agreement, and the
Enuployer miso qurees to continue fo make contributions ou all these employees for as long as there shall be a
collective bargaining apreene bernveen the Employer and the Union, subject to any and all niles and rezulations ov
decisions coverne this aroup that are issied by the Fund, The Euployer ast request in writing antl recerve wiitter
approval frou the Fun! at order to have these uon-covered employees inchuled Such request must specifically
ilefine the category of categories involved.

3, Showld any of the provisions of this Participation Agreenieu be deciored to be um yiolation of the Labor-
Mangement Relations Act of 1947, as mended, or any other State or Federal statute or regulation, sueli deelmation
shail wi no wey unpair the effecliveness or coutaualy of the rest of the provisions of His Participation Agivenent aul
such provisions me hereby expressly declared ro be saved from such illegality

6 Payments to the Fund must be mnde by the Employer for wll Compensable vacatiou and holiday tune up toa
iuaxionim of one fill calendar year,

T Mm employee as granted a leave of absence, the Employer shall collect (rom said en\plovee. prior to the leave of
absence bem effective, siffieten! mionies to pay the required convibutions diving the pertod of absence and stich
monies shall thereafier be promptly forwarded to the Fund im accordance with the miles of the Fund, ly the event the
Emplover arints a leave and does pot so comply, the Employer aiust pay the cotribitious subject 10 all ote
reqwinenients oi pavaaraph 2 herent

& The Euplover agrees to fiuesh such uifonuation as may be necessary to enable the Pind to carry out its chutes,

9, [fa regnlar employee us Absent because of iIliess or off-the-job iy antl Hotties the Employer ofsnch absence,
the Euyployer still continue to make the required contributions for n period of four (4) weeks, If p reaulm employee
(5 mjired on the job, the Employer shall continte to pay the requared coufributions anti! such employee yetians ie
Work. However. siteli contributions shall not be paid fora period of more than 26 weeks.

10) All wctous anil proceedings commenced or initiated by ay claimant. applican, employee, pyrterpant, he Union
ov the Finployer, or ther azeuts. successors oF assigns, agaist the Prmd, the Trustees thereof or any employee
seruce provider, representative or agent thereof. ad all actions aud proceedings commenced by or on belialf of saut
Tristees against any clianant, npplicant, employee, paritexpant, the Union or the Enxqployer pertaanmg to the Fond i
way dinner, shall be browelt ie the appropruite court ay the Coyity of Onpudaga, New York or other appheable
(nbonal located therem except Where otherwise provided here fn regard to withdinwal lability arbitration

a


bolo 84

Arbitration Association and al! 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.

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 97012014 and expire on 0890/2017 __This agreement shall continue in full
force and effect for the same term us 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 07/01/2014

Expiration date of collective bargaining agreement 06/30/2017

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 UNIONH 317 EMPLOYER: Sytacuse Teachers Association

Appress; 566 Spencer Street AppRESS: 731 James Street Ste 100

Syracuse, NY 13203

SIGNA TUNIS een
PRINT NAME.OHN PRINT NAME; Keviv ©. Aneeu

PRINT TITLE: Business Agent PRINT TITLE: Pees? Gat
DATE: pate:__ ‘7 /7//4

OL?
Redacted by the U.S.
Department of the Treasury
NEW YORK STATE
151 NORTHERN CO)
MAILING ADDRESS:

CE PENSION AND RETIREMENT FUND
Y 13212

ACUSE, NEW YORK 13221-4928

SIGNATURE; DATE: y) ll

EXECUTIVE ADMINISTRATOR

REV, 5/2010


upon ai 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 ibis 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 und the Fund's rules,
regulations and/or collection policies.

4. The Fund shall be open to participation by any group of menibers belonging to a participating Union that fully complies with
all rules and regulathons of the Fund. In addition, the Employer may contribute to the Fund for employees working owtside the
jurisdiction of the collective bargaining agreement in the amount indicated above. However, |f these employees are included,
the Employer agrees fo 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 Ihe 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 Emplayer and the Union, subject to any
and al! rules and regulations or decisions covering this group thal are issued by the Fund. The Employer must request in writing
and receive written approval from the Fund io onder to have these non-covered employees inchided. Such request must
Specifically define (he categary or categories involved.

45. Should any of the provisions of ihis Panicipation 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 of continuity of the res of the provisions of this Panicipation Agreement and suelh provisions are hereby
expressly declared to be saved From such iteyality

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

7, Wan employee is granted a leave of ubsence, 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 erants a eave
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, ifs regular employee is abwent because of illness of off-the-job injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on
the job, the Employer shall continue to pay the required contrimitions until such employee retums to work, However, such
contributions stall not be paid for a periad of more thai 52__ weeks:

0. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the
Employer, or their agents, successnrs or assigns, against the Pund, the Trustees thereof or any employee, service provider,

we or agent thereof, and all actions and procetdines commenced by or on behalf of sald Trustees against any
claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought ia
the appropriate court in the County of Onondaga, New York of other applicable tribunal located therein except where utherwise
provided herein, In regard 10 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 federa! district court actions, all such actions shall be commenced and heard in
the United States District Court for the Nortlicen District of New York, The Fund shall pot 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 jnitiated in any other jurisdiction of venue shall be transferred to the appropriate court or iriunal
specified herein.

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

[January 14,2014 and continue until expiration of the collective bargaining

hereinabove shall be payable from and after

agreement on [OBcember 31, 2017 subject, however, to the discretion of the Trustees, Afler 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 Find at least sixty (60) days advance written notice
by certified mail with return receipt requested of its infent to (erminale participation because it po langer bas an obligation to

2

REY. 201407


delinquent amount to the Fund. Afier said payment, the Employer may appeal the Fund's decision to the Board of
Trustees, whose decision plutll be final and binding I the event of tailure of the Employer to comply with any of
the miles of the Pund, the Exuployer and all its participating exployees, of the Finid's sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for wil the benefits and all other charges specified
hhereit.

3. The Fund may, at any time, andit the payroll records of any aud all employees of the Employer at a time mutunlly
agreed pon at no extra charge to the Employer. Iu the eveut it is Mund that the Employer bas wot filly complied
with the Fund niles and/or provisions of this Participation Agreement, the Employer shall pay the fill cost of the
andit that has been performed by the Fund, in addition, the Employer shall be responsible as set forth in this
Participation: Agreentent and the Fuud's rules, regulations aad/or collection policies.

4, The Fund shall be open to participation by any group of members belonging fo a participating Union that fully
complies with all rules and regulations of the Fund. I addition, the Employer may contribute to the Fund. for
employees working outside the jurisdiction of the collective bargaiting agreement in the amount indicated above,
However, if these employees are included, the Employer agiees to make contributions on all employees in this
category subject to the same conditions and on the sane basis as is provided in this Participation Agreement, and the
Employer also agrees (0 continue to make contributions on all these employees for as long as there shall be
collective bangaimng agreement between the Employer and the Union, subject to any and all niles and regulations or
decisions covering this group that are issued by the Fund. The Employer nist request in writing aud receive written
approval from the Fund in order to have these nou-covered employees iuchided. Sych request umuat specifically
define the category or categories involved.

5, Shonld any of the provisions of this. Participation Agreement be declared (o be m violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in vo way impair the effectiveness or continuity of the rest of the provisions of thiy Participation Agreement and
such provisions are hereby expressly declared to be saved frowi such illegality.

6. Payments to the Fund nust be made by the Ensployer for all compensable vacation and holiday time up to «
ataxia of one fill calendar year,

7. Ifau employee ix granted a leave of absence, the Employer shall collect fom said employee. prior to the leave of
absence being effective, sufficien! monies fo pay the required contributions during the period of absence and such
monits stall thereafler be promptly forwarded to the Fund in aecordance with the rules of the Fund. Tn the event the
Employer grants a leave and doves not so comply, the Employer must pay the contributions subject to all other
Tequirements jn pnragraph 2 lerein.

§. The Euployer agrees to firnish such iuformation ax may be necessary to enable the Fund to carry out its duties.

9. Ifa regular employee is absent because of illuess or off-the-job injury and notifies the Employer of such absence,
the Employer shall conti to make the required contributiony fora period of four (4) weeks. If s regular employee
is ined on the job, the Employer shall continne 1o pay the required contributions watil sel employee retums to
work. However, such contributions shall not be paid for a period of more than 52 weeks.

10. All actions aud proceedings commenced or tnitiated by any clairnwnt, applicant, employee, pactespant, the Union
or the Employer, or their agents, sticcessors or assigns, against (he Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actious and proceedings connneticed by or ou behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining fo the Fund im
any inanwer, shall be brought in the appropnate court im the County of Onondaga, New York or other applicable
tnbunal located therein except where otherwise provided bere by regard to withilawal lability arbitration

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
ARTICIP.

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “UnionTM) and
Eimployer, 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 role or any other rule or provision of this Participation Agreement.

(c) The Employer agrees to contribute as follows, not to exceed the maxi q

Covered Group of Employees (Define) Syracuse Banana Company «

60 Month. 60 Month DB
Rehabilitation Death (8.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default Ol} yes (J | Effective ovouss $13.51 $1351 $540.40
Schedule A No [me] | Effective ovows $14.38 314.39 $575.00
Schedule B Effective o1mite ices) 31533 $513.20
SchedleC (] Effective
SchedwleD [] Effective
ScheduleE [] Effective
Contract Type: (urs (] Freight-National (Construction — [7] 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 tle 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. (0) Ths Parneipation Agreement, executed by the undersinned Teamsters Local Union (Reremotie: “Onion? and
Enrployer. os the basis for partictpatiow as the New York State Teanisters Conference Peusion & Retirement Fuad
(lerenuaitier "Finul") The Exuployer. its participating employees, anid the Union, as a condition of participation ti
ths Fund, are bound by this Participation Agreement and all of the rales and regilatious of the Fuad now and/or
hereafiey adopted.

(b) The Employer and Union understand etd agree tliat the Fun! contributions shall be made, as set forth Wereue,
on all employees doing bangaiuing wut work, irrespective of whether said employees are full-time, part-time, casial
or seisonal. except as is ofherwise provided herem, No agreement between the Employer and the Union shall alter
this ride or any other stile of provision of this Participation Agieenent,

ce) The Employer qgrees tv conuibie as follows, not ro exceert the maxunwn;

Covered Grow) of Employees (Define) haat unerter, noes ptainer ick Dewars, Pumnie. Faxer-Tesser

0 Moath 60 Month DB
Reliabilitoton Dewh (8.05 if Total

Scheie Benelit Roles of Conmibunions Housty clected) Hourly Weekly
Detiwh co Yes fa Effective seaonai 24019 2.401% 80.08
Schiedile A No Effective awencwn uso 3) 6D Hw se
SelieduleB  L) Effective wena Ban DIwi Sita
Selledite € Effective wvanraar: Cx) Roe CI
Schedite D Effective sacar sheet Bron Tats
Scliedite E Effective
Conyact Type: = [[) UPS (7) Freight-Natioual [J Cousmiction [Municipal Other
Covered Employees! Bargaiaiug (7 Non-Bargamings

Contribntions bes on all employees from: the frst howrof the first day of employnient

Formula for Road Davers Contilynions: Total ales driven ina toon of duty divided Lie 25 wiles per heme
equals lowes per tap

(dl) AL such payitents to be made to the Fund are to be received by the Fund office ont or befere the tently (10th)
(lay of de month following the mouth m which said monies were acered, except when orhernvise agreed by the
Fd, but tot lo exceed by fe end of the same month dee,

2, File on the part of the Employer ie finely contribute on any of its employees as spevified herent shall make tie
Employer livble for all employee benefit claims which are incuned diritig the period of debnqtieney. daniges,
venulursenent 10 the Find for the Fund's attomeys’ fees, nuditors” fees, court costs. disbursements and expenses
anewtted by the Find mn) recovery the sbove. Lt addition. the Enployer must pay all arrears due the Final together
with fgtidated damages in the sim of ren percent (10%) of the dehnquent amount, The late payment of sy
delinquency by the Employer shal) not in any way relieve it from the obligations set forth above. Tn addition. When
the Exnplover 1s notified ja writing by the Fund that it is delinquent. the Employer niust mmiuediutely pay the


nV 2
(olo$3
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 0701/2014 __ and expire on 08602017 _ 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 07/01/2014

Expiration date of collective bargaining agreement 06/30/2017

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 contemporancous agreements or understandings, whether oral or written, As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

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

LOCAL UNION# 317 EMPLOYER: Syracuse Teachers Association
Appress; 566 Spencer Street ADDRESS: 731 James Street Ste 100

Syracuse, NY 13204 Syracuse, NY 13203
Redacted by the U.S. Department of the Treasury

SIGNATURE:
PRINT NAME.ONN S. Pekoff PRINT NAME: we. Ave
PRINT TITLE; Business Agent PRINT TITLE: tees PEMT—

DATE: 7 af 2014 Z)_ vate:__alali4

Redacted by the U.S.
Department of the Treasury

NEW YORK STATE TEA SION AND RETIREMENT FUND

151 NORTHERN CONCO 212

MAILING ADDRESS: P E, NEW YORK 13221-4928

SIGNATURE: DATE: Wy ft
EXECUTIVE ADMINISTRA

REV. 5/2010


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTIC GREEM)

f, (0) This Participation Agreement, executed by the undersigned Teamsters Local Union (Imveinafier "Union") and Employer.
im the sie For participation liv the New York Srqe Teamsters Conference Pension & Retirement Fund (hereinafter Fund"),
‘The Esnpluyes, its particiytling emplayees, and the Liniow, as @ conckition of participation in this Fund, are bows ty this
Participation Agreewient, the Tst Agreement. Phin documents and all of the rules and regulations of the Fund now andar
heteatier welogterd by the Phen vl Tevesteen:

16) The Eriployes wid Uiow upderstand and agice that the Fund contributions shall be made. as set forth herein, on all
enyplayees doing Dain HHI WHTk, Inespective of whether aaid enployees are Mulldime. part-ling, casual or neasonal,
excep us is clhens Ge provided baton Ne agrecenen between tie Employer and the Union shall aller this rule or any uther
ote on provcesion Af this Maricipation Apreemient,

fe) The Mnptaver ayieus hy contrite a5 follows, ned to exceed Me nnaninmins

Save tags Eanes ri Stadium International Mechanics/Helpers 2852

60 Manitt 60 Month OB
Relubiliiarnur Death (S05 iF Total
Schedule Benefit, | Rates nf Conmmitiution, Hourly elvcied) Howl Weekly

Defeul Yes Reflective sunt seer ae segs
Sehedule A No fm) | Effertive dari $10 3510 se
Schedule 0 Effective save oer at $2640
Seledule C Effective

Schedule D Effective

Schedule E Effective

Schedule G Effective

Comace Types CUPS (7) Freight-Rationad OoConstruction [Municipal — [8] Other

Covered Employees (8) Maryaining (7 Nem-Bargaining

Commilinions begin dn all employees fram the first ieue of ie first day of eenployrvent_

Vora for Houd Drivers Conerittions: Total niles driven in a tour of duty divided by 23 miles per hour equals hours
per trip.

(d) All suet payment (0 be wd 10 the Fund. are io be received by the Fund office on or before the tenth (10th) day of the

month following the manth im which suid wunies were dcerued, except when otherwise agreed by (he Fund, but not ie exceed
hy the end of (he sate avonaly due:

2. Pailure on the part of the Pmployer ta timely contibuce on any of its employces as specified herem shall make te Employer
finbte for all eniployee benefit clalins Which ave incurred during the period of delinquency, damages, reinibursement to the Fund
for the Fund's attorneys’ ues, audiqon” fees, cour costs, disbursements and expenses incurred by the Fund in recovering the
above. tq addition, the mplayer mist pay all arrears due the Fund together with liquidated damayes i the sum of (en percent
(10%) of the delinquent amount. The lace payment of any delinquency by the Employer shall not in any way relieve It from the
obligations set forth above. ty addition, when the Employer is notified in writing by the Fund that it is delinquent, the
Employer must immediately pay the delinquent amount ie the Fund, After said payment, the Employer may appeal te Fund’s
decision 10 the Bourd of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply
with any of the niles of the Fund, the Employer nnd all its participating employees, at the Fund's sole discretion, shall cease 10
Participate in the Fund. and the Employer shall be resporsible for all the benefits and all other charges specified herein,

3. The Famed may, ot any time audit the peyroll records of any and all employees of the Exsployes at a time imttwally agreed
'
REV, 01407


delinquent amowil 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 fnlure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Pimd's sole discretion, shall cease 10
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3, ‘The Pind may, at any time, audit the payroll records of any and all employees of the Employer ata time mumally
agreed Upon al no extra charge to the Employer, In tle event it is foimd that the Employer has uot fully complied
with the Fund niles and/or provisions of thik Participation Agreement, the Employer shall pay (he full cost of the
audit that lias beep perfonned by the Fond, in addition, the Employer shall be responsible as set forth in this
Participation Agreement aud the Fund's mules, regnlations aud/or collection policies.

4, The Fund shall be opest 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 Workmy outside the jurisdiction of the collective bargaining agreement in the amount indicated above,
However, if these employees are inchided, the Employer agrees to make contributions on all employees it: ibis
category subject to the same conditions and on the sauie basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributrons on all these cmployees for ns long as there shall be 0
collective bargaining agreement! between the Employer and the Union, stibjee! to any and all niles and yegulations or
decisions covering this group that are issued by the Fund The Explayer minst request in writing aud receive written
approval fiom the Fund m order to have these non-covered cmployces inchided. Such request must specifically
define the category or categories lovolved.

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 aity other Staje or Federal statute or regulation, such declaration
shall (n 10 way tinpair the effectiveness or continuity of the rest of te provisions of this Participation Agreeusent 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 #
imaxinnm of ce fill calencar year

7 Ian employee is grinted a leave of absence, the Employer shall collect from. snid employee, prior to the leave of
absence being effective, sufficient montes to pay the required contributions daring the period of absence and such
monies shall thereafter be promiptly forwarded to the Fund in accordance with (he rules of the Find. fp the event the
Employer grants a leave and does uot so comply, the Employer must pay the contributions subject 10 all other
requirements in paragraph 2 herein,

% The Employer agrees to furnish such iuformation as may be necessary to evable the Fund to carry ov its dinties

9 Ifa regular employee is absent becouse of illness or off-the-job injury and notifies the Eniployer of such absence,
the Employer shall continue to mike the required contributions for w period of four (4) weeks. Ifa regular employee
is injwed on (he job, ihe Employer shall continue to pay the required conmbutions until such employee retims to
work, However, sack contributions shal} not be paid fora period of more than 52___ weeks,

10, All actions and proceedings commenced or huliated by any claimant. applicant, cinployee, participant, (he Union
or the Employer, or their agents, successors or assigns, agemst the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, aud all actions mud proceedings commenced by or on belialf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, stall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tibunal located there except where otherwise provided herem. In regard fo withdrawal liability arbitration

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (n) This Participation Agreement, executed by the nndersigned Teamsters Local Unton (hereinafler "Union") and
Exuployer, 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 parteipation in
this Fund, are bound by this Participation Agreement and all of the miles and regulations of the Pund now and/or
hereafter adopted.

(b) The Employer mid Union iiderstand and agree tint the Fund coutributions shall be wade, as set forth herew,
on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-lune, casual
or seasonal, except as is othernvise 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 contribaite as follows, not to exceed the maximum-

Covered Group of Employees (Define) Syracuse Banana Comouny ~Saioe

60 Month 60 Month DB
Rehabiliation Death (S.05 if Total

Schedule Benefit Rates of Comnbution: Hourly elected) Howiy Weekly
Defantt Yes (©) | Effective ors 510.81 $1081 so2a0
Schedule A No {@) | Bflective ovmns 31,52 sn 66,00
Schedule Bf Effective o1evie 322 mez e080
ScheduleC () Effective
Schedule () Effective
ScheduleE [ Effective
Contract Type! Ours (CF Freight-National [i Canstrection —_[[] Minivipal Other
Covered Employees; Mi) Bargaining () Non-Bargaining

Conmibutions begin on all ensployees fron) the first hour of the first day of employnent-

Forma for Road Drivers Confriliations- Total niiles driven tn a tour of duty divided by 25 qhiles per how
equals hours per trip.

(d) All such payments to be made to fhe Futid are to be received by jhe Fund office on or before the tenth (10th)
doy of the month following the month in which said wonies were acemed. 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 Eniployer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit clatus which ave incurred during the period of delinquency, damages,
reinbinsement to the Fund for the Fund's atiomeys’ fees, auditors’ fees, cont costs, disbursements aud expenses
incurred by the Fund in recovering the above. In addition, the Enuployer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amonnt. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations sef forth above, In addition, when
the Enuployer 1s notified in writing by the Fund that i! is delinquent. the Employer oust tmmedistely pay the


HAZ D “at
Covered Group of Employees (Define) Bargaining Unit

| G0Month § 60 Month DB
Rehabilitation | Death =| (3.05 if Total
Schesiule_____] _Penefit___] Rates of Contribution: __Hourly_clected) ____ Hourly Weekly
Default | Yes | Bflective 07/01/2012 $7.95 $7.95
ScheduloA | No m@ | Effective 7/0/2013 $845 _ $8.45
ScheduleB | | Effective 07/01/2014 $9.00. $9.00
ScheduleC mt | | Effective 07/01/2015 $959 _ = $9.59
ScheduleD | | Effective F ‘
ScheduleE 9] | Effective

Contract Type: 1 UPS (© 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 ageeed 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 Pmployer 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
ata time mutually agreed upon at 10.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

2%



5337

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 cach successor collective bargaining agreement.

Effective date of collective bargaining agreement: Panuary 1, 2014
1: [December 31, 2017

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# 294 EMPLOYER-_Smith Packing Co.
PO Bos 446

ADDRESS: 110 Lomond Count ADDRESS; 105-125 Washington Street

Utica. NY 33503
Redacted by the U.S. Department of

jthe U.S.

[Department of
the Treasut

PRINT NAME: Donald R. Spost Jr

PRINT TITLE;Field Representative

DATE: Gof

DATE: a [r2[t -
Redacted by the U.S. + 4Y
Department of the Treasury

NEW YORK STATE TEA
151 NORTHERN CONCOL
MAILING ADDRESS: _ P.

JON AND RETIREMENT FUND ORIGINAL

EW YORK 13221-4928 FUND COPY

SIGNATURE: DATE:

REV. 201407


FW5l

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 Distriet
Court for the Northern District of New York. It is specifically agreed that any action or proceeding commenced or
initiated im 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 owo1i4 and expire on 123016 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 01/01/14

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
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# 315 EMPLOYER: Syracuse Banana Company
Management
ApprEss: 566 Spencer Street ADprRess: 900 Wolf Street

Syracuse, NY 13204
Redacted by the U.S. Department of the Treasury

Syracuse, NY 13208

PRINT NAME; Scott M. Farley

PRINT NAME: Sie veal + VS eta

PRINT TITLE: Business Agent PRINT TITLE;_CZ22

DATE: GL fp PF DATE: FLUS) Ws
Redacted by the U.S. a

NEW YORK STATE TEAM=aaiaialiaalil PENSION AND RETIREMENT FUND

15] NORTHERN CONCO 3212
MAILING ADDRESS: P. SE, NEW YORK 13221- 492

pate:  W

SIGNATURE;

EXECUTIVE ADMINISTRATOR

REV. 1/2012


/479

proceedings, ull 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 shal] 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 5101/14 and expire on 1231/16 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 ench subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 07/01/14

Expiration date of collective bargaining agreement 12/31/16

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

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior of contemporaneous apreements 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 uNton# 315 EMPLOYER: yfacuse Banana Company

appress: 566 Spencer Street ApprEss: 900 Wolf Street
Syracuse, NY 13204 Syracuse, NY 13208

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

SIGNATURE Sag of the Treasury

PRINT NAME: Scott M. Farley PRINT NAME:Sizewée( Les edag-

PRINT TITLE; Business Agent PRINT TITLE:_C#E2&

DATE: Gfle f/P DATE: Ws :

rd

_)
Redacted by the U.S.

Department of the Treasury
NEW YORK STATE PENSION AND RETIREMENT FUND

151 NORTHERN CON 3212
MAILING ADDRESS: JSE, NEW YORK 13221-4928

SIGNATURE:

EXECUTIVE ADMINISTRATOR

REV. 1/2012