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EXHIBIT 18 

COLLECTIVE BARGAINING AND 

SIDE AGREEMENTS 
244 

COLLECTIVE BARGAINING 

AGREEMENT 

BETWEEN 

ACETYLENE SUPPLY CO. INC. 

AND 

TEAMSTERS LOCAL 701 

EFFECTIVE JANUARY 14, 2017 THROUGH JANUARY 13, 2019 
245 

Section 6. Cell Phone 

The company will pay each driver an additional $35.00 per month for usage ofthe 

employee's personal cell phone, or the company will provide a company-issued cell 

phone 

ARTICLE 25. WELFARE AND PENSION 

Section 1. Participation and Contribution. 

The Employer, upon execution of this Agreement, shall contribute the following contributions 

periodically, as set forth herein as required by the rules and regulations of the Welfare and 

Pension Fund, Mid-Jersey Trucking Industry, Local No. 701, for the purpose of providing and 

maintaining benefits heretofore in effect and as hereinafter may be amended, from time to time, 

in accordance with the Trust Agreement regulating said fund. Said Trust Agreement, and all 

amendments and/or changes thereto as adopted by the Trustees, shall hereby be considered part 

of this contract. Upon execution of this Agreement, the signatory and employer confirms all 

prior acts ofthe Trustees, provided said acts were not contrary to law, and further, that they were 

authorized and taken pursuant to the authority as set forth in the present amended Trust 

Agreement. 

A. The only increase in Employer contribution during the term of this Agreement shall 

be those provided for in the National Master Freight Agreement. 

B. The Employer hereby agrees to permit an authorized Representative of the Union, as 

well as an authorized representative so designated by the Welfare and Pension Fund 

Mid-Jersey Trucking Industry, Local No.701, to inspect its payroll records for the 

purposes of checking the accuracy of the contributions required to be made by the 

Employer to said fund(s). If the Employer fails to make the contributions provided 

for herein within the time required by the trust indenture and the rules and regulations 

of the fund( s ), then the trustees may cancel out theinsurance coverage for such 

employees on whose account the Employer has failed to contribute. Additionally, the 

Fund may institute action to collect delinquent contribution in accordance with the 

Trust Agreement. 

C. Notwithstanding anything herein contained, it is agreed that in the event an Employer 

is delinquent at the end of a period in the payment of his contribution to the Welfare 

and Pension Fund( s) created under this contract, in accordance with the rules and 

regulations ofthe trustees ofsuch Funds, the employees or their representatives, 

after the proper official of the Local Union shall have given 72-hour notice to the 

Employer of such delinquency in Welfare and Pension payments, shall have the right 

to take such action as they deem necessary until such delinquent payments are made, 

including the right to strike, and it is further agreed that in the event such action is 

taken, the Employer shall be responsible to the employees for losses resulting there 

from. 

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D. A contribution shall be required for all hours worked or paid, including but not 

limited to, vacation time, paid sick days, bereavement pay, jury duty and paid 

holidays. 

Section 2. Health & Welfare Plan B and Pension Contribution. 

The Employer, upon execution of this Agreement, shall contribute the following 

contributions periodically, as set forth herein, as required by the rules and regulations of 

the Welfare and Pension Fund, Mid-Jersey Trucking Industry, Local No. 701, for the 

purpose of providing and maintaining welfare benefits heretofore in effect and as 

hereinafter may be amended, from time to time, in accordance with the Trust Agreement 

regulating said Fund, and for the purpose of providing pension benefits as heretofore in 

effect or as hereinafter may be amended. 

Said welfare and pension benefits as presently in effect and all amendments and/or 

changes thereto, including the Trust Agreement, heretofore and presently in effect, as 

adopted and/or revised by the trustees, pursuant to the terms of said Trust Agreement, 

shall be attached hereto and hereby considered part of this section and contract. Upon 

execution of this Agreement, the signatory and employer confirms all prior acts of the 

trustees, provided said acts were not contrary to law, and further, that they were 

authorized and taken pursuant to the authority as set forth in the present amended Trust 

Agreement. 

A. Effective January 14, 2017 the pension contribution rate per hour based on forty ( 40) 

hours will be as follows: 

January 14, 2017 January 14, 2018 

$5.00 $5.00 

B. Increase to Health & Welfare contributions shall be made as required by the Trustees 

ofthe Health & Welfare Funds in order to maintain the level of benefits then in effect 

for each hour paid to each employee up to forty (40) hours per week. 

January14, 2017 January 14, 2018 

$10.08 per hour $10.71 per hour 

C. the Employer hereby agrees to permit an authorized representative of the Union, as 

well as an authorized representative so designated by the Welfare and Pension Fund, 

Mid-Jersey Trucking Industry, Local No. 701, to inspect its payroll records for the 

purpose ofchecking the accuracy of the contributions required to be made by the 

Employer to said fund(s). If the Employer fails to make the contributions provided for 

herein within the time required by the trust indenture and the rules and regulations of the 

fund ( s ), then the trustees may cancel out the insurance coverage for such employees on 

whose account the Employer has failed to contribute. · Additionally, the Fund may 

institute action to collect delinquent contributions in accordance with the Trust 

Agreement. 

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D. Notwithstanding anything herein contained, it is agreed that in the event the 

Employer is delinquent at the end of a period in the payment of his contribution to the 

Welfare and Pension Fund(s) created under this contract, in accordance with the rules and 

regulations of the Trustees of such Fund(s), the employees or their representatives, after 

the proper official ofthe Local Union shall have given 72-hour notice to the Employer of 

such delinquent in Welfare and Pension payments, shall have the right to take such action 

as they deem necessary until such delinquent payments are made, and it is further agreed 

that in the event such action is taken, the Employer shall be responsible to the employees 

for losses resulting there from. 

E. Company allows bargaining unit employees to participate in the company's 401k plan 

with no company match. 

ARTICLE 26. TRANSFER OF COMPANY TITLE OR INTEREST AND CHANGE 

OF BARGAINING STATUS 

Section 1. 

This Agreement shall be binding upon the parties hereto, their successors, administrators, 

executors and assigns. In the event an entire operation or any part thereof is sold, leased, 

transferred or taken over by sale, transfer, lease, assignment, receivership or bankruptcy 

proceedings, such operation shall continue to be subject to the terms and conditions of this 

Agreement for the life thereof, On the Sale, transfer or lease of any individual run or runs, only 

the specific provisions ofthis contract, excluding supplements or other conditions, shall prevail. 

It is understood by this section that the parties hereto shall not use any leasing device to a 

third party to evade this contract. The Employer shall give notice of the existence of this 

Agreement to any purchaser, transferee, lessee, assignee, etc. of the operation covered by the 

Agreement or any part thereof. Such notice shall be in writing with a copy to the Union at the 

time the seller, transferor, or lesser executes a contract oftransaction as herein described. 

In the event the Employer fails to give the notice herein required and/or fails to require 

the purchaser, transferee or lessee to assume the obligations of this contract, the Employer shall 

be liable to the Union and the employees covered for all damage sustained as a result of such 

failure to require assumption of the terms of this contract, but shall not be liable after the 

purchaser, transferee, or lessee has agreed to assume the obligations ofthis contract. 

Section 2. 

Where the Employer, signatory to this contract, changes and/or moves his operation out 

ofthis jurisdiction of the Union, the present employees and this contract shall prevail at the new 

terminal or location and all employees affected shall have a right, in keeping with the present 

seniority, to move to the new terminal location with all seniority rights. 

Where the Employer consolidates the terminal under which this contract applies, into 

another terminal where another contract may apply, notice in writing shall be first given to the 

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ADDENDUM 

Awisco ASCO LLC ("Awisco") acknowledges that Acetylene Supply Co. ("ASCO") 

and the International Brotherhood ofTeamsters, Local 701 ("Local 70 l ") have 

entered into this Memorandum ofUnderstanding for the period ofJanuary 14, 2017 

through January 13, 2019 ("MOU") which has provisions which would require 

Awisco to assume the collective bargaining agreement as amended by this MOU if 

A wisco buys ASCO. In the event that Awisco does not purchase ASCO or a sale 

does not close, A wisco shall have no obligation whatsoever with respect to this 

MOU. 

To the extent that any sale ofassets takes place during the term of this MOU, Awisco, 

ASCO and Local 701 agree that Articles 10, 26 and 33 ofthe current collective 

bargaining agreement shall be amended as follows: 

a. The buyer shall offer employment to eight (8) employees based on seniority, 

to include at least five (5) drivers. 

b. To the extent that the buyer does not offer any current employee a position, 

Asco shall offer a severance payment ofone and one half (1.5) weeks ofpay 

per year of service, capped at ten ( 10) years of service. For employees with 

less than ten (10) years of service, severance will be pro-rated based on the 

anniversary date ofhire. Eligibility for severance pay requires that the 

employee be actively employed or on Workers Compensation when the sale is 

closed and sign a release ofall claims and rights in the form attached hereto. 

c. The buyer will recognize Local 701 as the bargaining agent ofany ASCO 

employees to whom it offers a position and are currently members of Local 

701 reporting into ASCO's Woodbridge location. 

d. Article 10 shall not apply to any deliveries initiated out of locations other than 

Woodbridge, regardless ofwhere the order was placed. Any work currently 

being serviced out ofASCO Woodbridge south ofroute 78 will remain 

bargaining unit work. Any new work initiated in the Woodbridge location or 

any new facility south ofroute 78 will be subject to negotiations. 

Dated: 

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® 

ABF FREIGHT SYSTEM, iNC• 

and 

TEAMSTERS LOCAL UNION NO. 701 

AVENEL, NJ 

MAINTENANCE AGREEMENT 

I APR~ l 1, 2013 

- MARCH 31, 2018 

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check within twenty-four (24) hours to the employee, at the address 

designated by the employee . 

When the regular payday occurs on a holiday, the Employer shall pay the 

employees on the regular workday immediately preceding the holiday . 

The Employer shall pay in cash or make suitable ·arrangements to cash 

checks on payday. Each employee shall be provided with a statement of gross 

earnings, and an itemized statement of all deductions made for any purpose . 

An employee's verified pay shortage or overage shall be adjusted no 

later than the regular pay day after the pay shortage or overage is 

verified, unless such verified pay shortage is $50.00 or more, then such 

pay shortage shall be corrected within seventy-two (72) hours after the 

shortage is verified. The term "regular pay day" means the next regular 

payday for the week in which pay shortage or overage is verified . 

ARTICLE 20. HEALTH, WELFARE AND PENSION 

Section 1.Participation and Contribution 

The Employer, upon execution of this Agreement, shall contribute the 

following contributions periodically, as set forth herein, as required by 

the rules and regulations of the Pension fund, Mid-Jersey Trucking Industry, 

Local No. 701, for the purpose of providing and maintaining benefits 

heretofore in effect and as hereinafter may be amended, from time to time, 

in accordance with the Trust Agreement regulating said Fund. Said Trust 

Agreement, and all amendments and/or changes thereto as adopted by the 

Trustees, shall hereby be considered part of this contract. Upon execution 

of this Agreement, the signator and employer confirms all prior acts of the 

Trustees, provided said acts were not contrary to law, and further, that 

they were authorized and taken pursuant to the authority as set forth in the 

present amended Trust Agreement . 

A. Welfare and Pension Contribution Plan A . 

Effective August 1, 2013, the Employer's contribution to the combined 

Funds shall be increased up to $1.00 per hour with a maximum 8 hours per day 

or forty ( 4 0) hours per week, allocation of which shall be made by the 

Trustees of the Welfare and Pension Fund . 

Effective August 1, 2014, the Employer's contribution to the combined 

Funds shall be increased up to an additional $1.00 per hour with a maximum 8 

hours per day or forty ( 40) hours per week, allocation of which shall be 

made by the Trustees of Welfare and Pension Fund . 

Effective August 1, 2015 the Employer's contribution to the combined 

Funds shall be increased up to an additional $1.00 per hour with a maximum 8 

hours per day or forty ( 40) hours per week, allocation of which shall be 

made by the Trustees of the Welfare and Pension Fund . 

Effective August 1, 2016, the Employer's contribution to the combined 

Funds shall be increased up to an additional $1.00 per hour with a maximum 8 

hours per day or forty (40) hours per week, allocation of which shall be 

made by the Trustees of the Welfare and Pension Fund. 

28 

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Effective August 1, 2017, the Employer's contribution to the combined Funds shall be increased up to an additional $1.00 per hour with a maximum 8 hours per day or forty (40) hours per week, allocation of which shall be made by the Trustees of the Welfare and Pension Fund. 

B. The only increases in the Employer contribution during the term of this Agreement shall be those provided for in the National Master Freight Agreement . 

c. The. Employer hereby agrees to permit an authorized representative of the Union, as well as ~n authorized representative so designated by the Welfare and _Pension Fund, Mid-Jersey Trucking Industry, Local No. 701, to inspect its payroll records for the purposes of checking the accuracy of the contributions required to be made by the Employer to said Fund (s) . If the Employer fails to make the contributions provided for herein within the time required by the Trust Indenture and the Rules and Regulations of the Fund (s) , then the Trustees may cancel out the insurance coverage for such employees on whose account the Employer has .failed to contribute. Additionally, the Fund may institute action to collect delinquent contributions in accordance with the Trust Agreement . 

D. Notwithstanding anything herein contained, it is agreed that in the event an Employer is delinquent at the end of a period in the payment of his contribution to the Welfare and Pension 'Fund (s) created under this contract, in accordance with the Rules and Regulations of the Trustees of such Funds, the employees or their representative, after the proper official of the Local Union shall have given 72-hour notice to the Employer of such delinquency in· Welfare and Pension payments, shall have the right to take such action as they deem necessary until such delinquent payments are made, including the right t o strike, and it is further agreed than in the event such action it taken, the Employer shall be responsible to the employees for losses resulting therefrom. 

E. A contribution shall be required for all hours worked or . paid, including but not limited to vacation time, paid sick days, bereavement pay, jury duty and paid holidays . 

F. In addition the Employer shall make the applicable Health and Welfare Contribution of eight (8) hours a day to a maximum of 40 hours in a week for any employee who is on Workers Compensation for a period of six (6) months . 

ARTICLE 21. ADDITIONAL AGREEMENTS 

Section 1.Work Clothes 

The Employer agrees to provide, without cost to the employee, five (5) sets of mechanic's uniforms for each maintenance employee per week, and make the necessary arrangements at h±s discretion for proper cleaning and replacement of same. Rain gear and winter coats shall be supplied to all maintenance employees. Aprons, gloves and eye wear shall be available• to all employees with cleaning batteries. 

Section 2.Coffee Breaks 

All employees covered by this Agreement shall be given two (2 ) paid coffe e bre aks on company t ime, half -way between starting time and lunch period, and the other, half- way between lunch period and quitting time ; each 

29 

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IN WITNESS WHEREOF, the parties hereby have caused the within Agreement t o 

be executed by its dul y a uthorized representatives or officers. 

FOR THE EMPLOYER: BY : 

VICE PRESIDENT, 

INDUSTRIAL RELATIONS 

ABF FREIGHT SYSTEM, INC . 

DATE : 

FOR THE UNION: BY: 

DATE: 

34 
253

® 

ABF FREIGHT SYSTEM, INC. 

and 

TEAMSTERS LOCAL UNION NO. 701 

AVENEL, NJ 

OFFICE CLERICAL AGREEMENT 

APRIL 1, 2013 - MARCH 31, 2018 
254 

Memorandum ofAgreement of Collective Bargaining Agreement 

GCP Applied Technologies (herein "GC.P" or "the Company") and Local 70 I, 

International Brotherhood ofTeamsters (herein "Local 701" or "the Union'') agree that this 

Agreement shall be effective April 1, 2018, and be in full force and effect for a three (3) year 

term, with end date of 11 :59 p.m. March 3 t, 202 I. 

All terms and conditions of the Memorandum of Agreement for the period April I, 

20 I 8-March 31, 2021, and the Agreement between Local 70 I and GCP for the period of 

Aprill, 2015 through March 31, 2018 shall continue to constitute the Collective Bargaining 

Agreement between the parties, except as modified herein: 

I. All tenns and conditions as written in the 2008-2013 National Master Freight 

Agreement and the NJ-NY Area General Trucking Local 701 Agreement, 

2. The Company agrees that there is to be an annual increase increment in 

compensation as follows: 

Effective April I, 2018 $ 1.30 per hour 

April I, 2019 $1.35 per hour 

April I, 20120 $1.40 per hour 

Local 70 I shall have the authority to allocate the increment between wages and 

benefits (Health and Welfare). The Union shall notify the Company ofthe allocation each year on 

or before the contract renewal date. Noting the first year allocation implementation will be after 

April I, 2018, the Union shall notify the Company of the allocation within five (5) days after 

ratification, with the implementation to be retroactive to April I, 2018. The Company has been 

presented with the Local 701 Rehabilitation Plan and does hereby agree to adopt the Plan and to 

continue to make contributions to the Pension Fund. There shall be no increase in pension 

contributions during the term of this Agreement. In the event the Trustees of the Welfare and 

Pension Fund for the Mid-New Jersey Trucking Industry & Local No. 701 requires GCP to 

increase its current contribution of $9.51 per hour, the Parties agree that this contract will be reopened for negotiations over economic terms and the tenn ofthe contract. 
255 

3. GCP has negotiated with the Union regarding tenns and conditions for GCP to 

utilize a third party organization for purposes of holding and mainlaining this collective 

bargaining agreement and collective bargaining relationship, which agreement shall be referred 

to as the "Third Party Employer Agreement," and Recognition and Successor Employer 

Agreement, with these Agreements to be recognized as separate and independent from the 

collective bargaining agreement. Should GCP utilize this option to utilize a third party 

organization for the technical legal employment of the bargaining unit employees, GCP shall 

nevertheless remain obligated to make contributions to the Local 701 Pension Fund for each hour 

paid to the employees employed pursuant to the "Third Party Agreement." GCP acknowledges 

that al the commencement of this Agreement the bargaining unit consists with sufficient work for 

three employees, but with one employee having recently retired. GCP agrees to hire a 

replacement employee. 

4. GCP will be pennined to utilize common carriers to supplement its delivery 

needs when work volumes temporarily require more than the current three (3) bargaining unit 

drivers employed by GCP. Such overflow deliveries will originate from the Somerset facility. 

GCP bargaining unit drivers will in all instances be given first priority in available runs on a daily 

basis. IBT Local 701 shall have the right, at its request, to verify that its members have been given 

first priority on available run, and GCP agrees to provide appropriate documentation to allow the 

Union to verify its members have not been denied straight time work due to the use of common 

carriers. Further, when the utilization ofoutside carriers is for a reasonably prolonged period of a 

continuing na1Ure, the Employer shall increase the number of bargaining unit employees. GCP 

shall not utilize this ability to utilize outside carriers as a subterfuge to avoid or evade obligation 

under the collective bargaining agreement and in the collective bargaining relationship. When a 

bargaining unit employee leaves the unit due to retirement, or other termination, then GCP 

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shall hire to fill the vacancy provided work remains available. 

This Memorandum Is subject to ratification approval by the bargaining unit 

ON BEHALF OF: ON BEHALF OP: 

Local 701, International Brotherhood GCP Applied Technologies 

ofTeamsters 

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Third Party Employer Agreement 

This Agreement is made and entered into on this ________ day of________________, 

2018 by and between Local 701, International Brotherhood of Teamsters (herein "Local 701") 

and GCP Applied Technologies Inc. and its subsidiaries and related companies (herein "GCP"). 

1. Local 701 and GCP are now, and for many years has been, in a collective bargaining 

relationship involving GCP's recognition of Local 701 as the exclusive bargaining representative of 

unit of drivers performing driving work for GCP, currently from GCP's Somerset, New Jersey 

facility. 

2. GCP has requested Local 701 to grant GCP as having the ability to utilize a third 

party entity to assume the lawful obligations established by the collective bargaining relationship 

and under the collective bargaining agreement. Local 701, by and through this Agreement, agrees 

to permit GCP to utilize a third party entity to accept and assume all of GCP's collective bargaining 

relationship and collective bargaining agreement obligation except regarding the obligation to 

participate and make contributions to the Local 701 Pension Fund, but only under the terms and 

conditions set forth herein. 

a. GCP may designate any employer entity as a third party entity, herein 

"Successor Employer" provided as a pre-condition that the Successor Employer, GCP, and Local 

701 enter into a "Recognition and Successor Employer Agreement," the form which is attached 

hereto as Exhibit A. Upon the full execution of the Recognition and Successor Employer 

Agreement, and during the continuation of such Agreement, GCP shall not be recognized as the 

Employer of the employees employed in the bargaining unit except to continue to make 

contributions to the Local 701 Pension Fund, nor be bound by the terms of the collective 

bargaining agreement except in regards to adherence to arbitration awards. Should GCP or the 

Successor Employer terminate their relationship, GCP shall either simultaneously contract with 

a new Successor. 1 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Employer who as an essential condition of their contract must agree to, and enter into, a 

Recognition and Successor Employer Agreement with GCP and Local 701, or alternatively, GCP 

shall again become the employer of the Local 701 bargaining unit employees, be deemed as 

having hired the employees directly, resume the collective bargaining relationship, adopt the 

seniority list, as well as adopt and becoming bound by the then current collective bargaining 

agreement. 

b. During the existence of any Recognition and Successor Employer Agreement, 

should any dispute arise between the Successor Employer and Local 701 which dispute is to be 

resolved by the grievance and arbitration processes set forth in the collective bargaining 

agreement, or through civil litigation, to the extent necessary to fully implement the settlement, 

award or judgment, GCP agrees that it shall adhere to the grievance settlement, arbitration award, 

and civil litigation settlement judgment. GCP agrees that it shall not utilize the Successor 

Employer, or the Recognition and Successor Employer Agreement as a subterfuge to negotiate or 

interfere with the Successor Employer's contractual and legal obligations to Local 701 and the 

bargaining unit employees. 

c. GCP may at its election, at any time prior to entering into its initial relationship with 

a Successor Employer, have the right to effectuate a withdrawal from the Mid-Jersey Trucking 

Industry and Teamsters Local 701 Pension Fund (a defined benefit plan), within the meaning of 

ERISA §4201, 29 U.S,C.A. §1381, et al. Should GCP act to effectuate withdrawal, GCP shall be 

liable to the Pension Fund for its withdrawal liability, but further, by operation of the cessation of 

contributions into the Pension Fund, the collective bargaining agreement shall be amended to 

provide that GCP agrees to participate in the defined contribution retirement plan, the Mid-Jersey 

Trucking Industry and Teamsters Local 701 Annuity Fund, with the hourly 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

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contribution to the Annuity Fund to be the same as was contributed to the Pension Fund. Should 

the collective bargaining agreement be thus modified, the Successor Employer shall be similarly 

obligated to participate in and contribute only into to the Annuity Fund. 

3. It is agreed and acknowledged that this Third Party Employer Agreement is commercial 

in nature with the purpose and intention to provide job preservation and economic protections for 

the current and future Local 701 members, while also providing GCP the flexibility of operating 

its business. This Third Party Employer Agreement shall continue to be in force and have effect 

year after year, without a scheduled ending term, and may only be modified or cancelled through 

the mutual agreement of Local 701 and GCP. 

ON BEHALF OF: ON BEHALF OF: 

Local 701, International Brotherhood GCP Applied Technologies Inc. 

of Teamsters 

By: ______________________________ By: ___________________________ 

Ernie Soehl, President Nikita Subramanian, HR Business Partner 

Date: Date: 

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____________________________________________ 

__________________________________________ 

__________________________________________ 

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260

Exhibit A 

RECOGNITION 

and 

SUCCESSOR EMPLOYER AGREEMENT 

This agreement is made and entered into this______ day of _______________ , 20__ by 

and between Local 701, International Brotherhood of Teamsters, hereinafter "Local 701" and 

GCP Applied Technologies Inc., hereinafter "GCP" or "the Employer," and _________________ 

________________ (Name), _____________________________________ (Address) 

___________ (Phone Number) ___________________________ (Email) 

_______________________hereinafter called the "Successor Employer." 

There presently exists a collective bargaining agreement between Local 701 and the 

Employer, effective April 1, 2018 and terminating March 31, 2021. That contract recognizes Local 

701 as the sole collective bargaining agent with respect to wages, hours, and working conditions 

for all truck drivers employed by the Employer working at its Somerset, New Jersey facility. 

It is agreed and understood that the Successor Employer will, on ___________________ 

, succeed Employer in the operation of Employer's Business regarding the bargaining 

unit as defined in the collective bargaining agreement between Local 701 and the Employer. 

It is agreed the Successor Employer recognizes Local 701 as the sole collective bargaining 

agent with respect to wages, hours, and working conditions of the employees in the existing 

bargaining unit and any additional classifications that may be established within the bargaining unit 

during the life of the agreement for the purposes of collective bargaining as provided by the National 

Labor Relations Act. Further, in recognizing Local 701 as the collective bargaining agent, the 

Successor Employer agrees to, and hereby adopts and accepts, the present collective bargaining 

agreement between the Union and the Employer, effective April 1, 2015 and terminating March 31, 

2018, and agrees to be bound in all respects to this collective bargaining agreement through its 

duration, agrees to hire all existing bargaining unit employees, and adopt the existing seniority list 

but that GCP shall be recognized as the entity obligated to make contributions to the Local 701 

Pension Fund on behalf of each bargaining unit employee. Except for the change in employer 

identification, the terms of the collective bargaining agreement and all past practices in all respects 

shall remain the same. 

LOCAL 701 INTERNATIONAL DATE 

BROTHERHOOD OF TEAMSTERS 

GCP Applied Technologies Inc. DATE 

SUCCESSOR EMPLOYER DATE 
261

C. These provisions shall also apply ifa holiday falls on a Saturday. If, during any holiday week, an employee 

is unable to work a day because offederal or state regulations, he shall be credited with one (1) full day. 

Section 3. Pay ifWorked 

All provisions of Article 16, Section 6 of this Agreement, with respect to holiday pay shall apply to work 

performed on any ofthe recognized holidays. 

Section 4. Holidays Occurring on Sunday 

When any of the recognized holidays occur on Sunday, and are celebrated any day before or after the holiday 

Sunday, such days shall be considered as the holiday, and paid for as such. 

ARTICLE 23 - HEALTH, WELFARE AND PENSION 

Section 1. Participation and Contribution 

The Employer, upon execution of this Agreement, shall contribute the following contributions periodically, as set 

forth herein, as required by the rules and regulations, ofthe Pension Fund, Mid-Jersey Trucking Industry, Local No. 

701, for the purposes of providing and maintaining benefits hereto fore in effect and as hereinafter may be 

amended, from time to time, in accordance with the Trust Agreement regulating said Fund. Said Trust Agreement, 

and a11 amendments and/or changes thereto as adopted by the Trustees, shall hereby be considered part of this 

contract. 

Upon execution ofthis Agreement, the signatory and employer confirms all prior acts ofthe Trustees, provided said 

acts were not contrary to law, and further, that they were authorized and taken pursuant to the authority as set forth 

in the present Trust Agreement. 

A. Welfare and Pension Contribution Plan A 

Effective August 1, 2013, the Employer' contribution to the combined Funds shall be increased up to $1.00 per 

hour with a maximum 8 hours per day or forty ( 40) hours per week, allocation of which shall be made by the 

Trustees ofthe Welfare and Pension Fund. 

Effective August 1, 2014, the Employer's contribution to the combined Funds shall be increased up to an additional 

$1.00 per hour with a maximum 8 hours per day or forty (40) hours per week, allocation of which shall be made 

by the Trustees ofthe Welfare and Pension Fund. 

Effective August 1, 2015, the Employer's contribution to the combined Funds shall be increased up to an additional 

$1.00 per hour with a maximum 8 hours per day or forty (40) hours per week, allocation of which shall be made 

by the Trustees ofthe Welfare and Pension Fund. 

Effective August 1, 2016, the Employer's contribution to the combined Funds shall be increased up to an 

additional $1.00 per hour with a maximum 8 hours per day or forty (40) hours per week, allocation ofwhich shall 

be made by the Trustees ofthe Welfare and Pension Fund. 

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ARTICLE 30-TERMINATION CLAUSE 

This Agreement shall be in full force and effect from April 1, 2013, to and including March 31, 2018, and shall 

continue in fu1l force and effect from year to yearthereafter, unless either party gives the other notice, in writing, at 

least sixty (60) days before the expiration date in any year that it does not desire the contract to be renewed 

automatically for the ensuing year. 

In the event of an inadve1tent failure by either party to give the notice set forth in the above paragraph, such party 

may give such notice at any time prior to the termination or automatic renewal date of this Agreement. If a notice 

in given in accordance with this provision, the expiration date of this Agreement shall be the sixty-first (61st) day 

following such notice. 

IN \VIT1\1ESS WHEREOF, the parties hereby have caused the within Agreement to be executed by its duly 

authorized representatives or Officers. 

FOR THE EMPLOYER: 

By: David Evans 

Date: L\--a5-{~ 

FOR THE UNION: 

Date: Y->--f,,... /y 

Vice President, Industrial Relations 

ABF Freight System, Inc. 

TEAMSTERS LOCAL UNION No.701 

AFFILIATED \\'ITH THE INTERNATIONAL 

BROTHERHOOD OF TEAMSTERS 

.. - ' • 1 • • • 

34 
L 

MAINTENANCE OF STANDARDS 

263

Maintenance ofStandards 

All conditions ofemployment contained in the current Local 701 Agreement expiring March 31, 2013 relating to 

wages, hours of work, fringe benefits and local general working conditions, and all established local past practices 

providing for better wages, hours and working conditions than those contained in the National Master Freight 

Agreement and Supplement shall be maintained at not less than the highest standard in effect at the signing ofthis 

Agreement. Such better conditions shall prevail notwithstanding the provisions ofany other agreement. 

2. Eight (8) Hours Guarantee 

All employees identified hereinabove shall be guaranteed on any day, eight (8) hours when they report for work, 

Monday through Friday; Saturdays, Sundays and Holidays included. 

3. Sunday - Holiday - Overtime Rate 

Employees assigned to work on a Sunday evening, or in the evening ofa holiday ( except where the holiday falls on 

Saturday, in which case paragraph following shall apply), and whose work ends on the following day, shall be paid 

at the Sunday or Holiday overtime rate until 12:00 midnight, at which time the regular hourly rate of pay shall 

apply until he has completed eight (8) hours ofwork. For all work in excess of eight (8) hours, the regular overtime 

rate shall apply. If such employees work more than eight (8) hours they shall be paid at the overtime rate 

applicable for that day. 

All hours worked on a Saturday that is a holiday shall be paid at the rate oftime and one-half straight time, plus the 

holiday pay, with a minimum guarantee of eight (8) hours paid at the rate of two and one-half times the straight 

time hourly rate. Hours worked in excess of eight (8) on such holiday Saturday shall be paid at the rate of three 

times the straight time hourly rate. 

4. Fixed Starting Time 

· The present starting times for employees shall be continued during the term of this contract. Such employees 

ordered to report for work before such starting time shall be paid at time and one-half the appropriate rate for that 

day for work prior to the regular starting time. Any employee ordered to work after the regular starting time shall 

have his time· revert back to his regular starting time. No change of such starting times shall be made by the 

Employer are unable to agree on the change ofstarting time, the issue may be submitted to the grievance procedure. 

5. Vacations 

All employees with fifteen (15) years or more.of seniority shall receive four (4) weeks' vacation, providing they 

work at least sixty (60) days during the qualifying period. When the anniversary date of an employee's fifteen (15) 

years ofservice falls within the vacation period, he shall not be entitled to the fourth weeks' vacation until after the 

anniversary date. Ifthe anniversary date falls beyond the vacation period, he shall not be entitled to the benefits of 

this section until the next vacation period. · 

All employees whose anniversary date of employment falls on or after July 1, 1973, who have twenty (20) years or 

more, shall be entitled to five (5) weeks' vacation with pay, providing they have worked at least sixty (60) days as 

required above. 

35 
All employees whose anniversary date of employment falls on or after July 1, 1973, who have thirty (30) ~6:ars or 

more, shall be entitled to six (6). weeks' vacation with pay, providing they have worked at least sixty (60) days as 

required above. 

FOR THE EMPLOYER: ABF FREIGHT SYSTEM, INC. 

FOR THE UNION: TEAMSTERS LOCAL UNION NO. 701 

AFFILIATED WITH THE INTERNATIONAL 

BROTHERHOOD OF TEAMSTERS 

President 

DATE: 

36 
265 

AGREEMENT BETWEEN 

BUNZL NEW JERSEY 

AND 

TEAMSTERS LOCAL UNION NO. 701 

Term ofAgreement: 

April 1, 2016 thru March 31, 2021 

5354493 
266 

Section 2. Defining Personal Days 

A. Personal days will be approved provided management is notified at least twenty-four (24) 

hours in advance, and the total number of employees out does not exceed twelve percent (12%) 

of the seniority list excluding those employees out sick. During the weeks in which 

Thanksgiving Day, Christmas Day, New Year's Day, and Good Friday fall, no more than 8% of 

the active seniority list, excluding employees' out sick, will be allowed out and paid one (1) day. 

B. At no time will more than twelve percent (12%) of the active seniority list be allowed out 

and be paid in one (1) day. This includes vacation days, personal days and not sick days. During 

the weeks in which Thanksgiving Day, Christmas Day, New Year's Day, and Good Friday fall, 

no more than 8% of the active seniority list will be allowed out and paid in one (1) day, including 

vacation, personal, excluding sick days. 

C. Unused personal days shall be paid at the end ofthe contract year. 

Section 3. Pay if not Worked 

A. Any employee covered by this Agreement must work their complete scheduled 

work shift the day before a holiday and the day after the holiday to be eligible to receive holiday 

pay unless the absence is a pre-approved scheduled day off. 

B. These provisions shall also apply if a holiday falls on a Saturday. If during any 

holiday week an employee is unable to work a day because of federal or state regulations, he 

shall be credited with one (1) full day. 

Section 4. Pay if Worked 

All provisions of Article 14, Section 2 B of this Agreement, with respect to holiday pay, 

shall apply to work performed on any ofthe recognized holidays. 

Section 5. Holidays Occurring on Sunday 

When any ofthe recognized holidays occur on Sunday, and are celebrated any day before 

or after the holiday Sunday, such days shall be considered as the holiday and paid for as such. 

ARTICLE20 

HEALTH, WELFARE & PENSION 

Section 1. Participation and Contribution 

The Employer, upon execution of this Agreement, shall contribute the following contributions 

periodically, as set forth herein, as required by the rules and regulations of the Welfare and 

Pension Fund, Mid-Jersey Trucking Industry, Local No. 701, for the purpose of providing and 

maintaining welfare benefits heretofore in effect and as hereinafter may be amended, from time 

to time, in accordance with the Trust Agreement regulating said Fund, and for the purpose of 

providing pension benefits as heretofore in effect or as hereinafter may be amended. Said 

welfare and pension benefits as presently in effect and all amendments and/or changes thereto, 

5354493 24 
267 

including the Trust Agreement, heretofore and presently in effect, as adopted and/or revised by 

the trustees, pursuant to the terms of said Trust Agreement, shall be attached hereto and hereby 

considered part ofthis section and contract. Upon execution of this Agreement, the signator and 

employer confirms all prior acts ofthe trustees, provided said acts were not contrary to law, and 

further, that they were authorized and taken pursuant to the authority as set forth in the present 

amended Trust Agreement. 

The Employer shall, during the term of the Agreement, have the right to reopen the Contract, 

upon giving ninety (90) calendar days written notice prior to April I, 2017; April 1, 2018; 

April 1, 2019; and April 1, 2020, for the sole and exclusive purpose of considering the status and 

the Company's future with the Pension Plan. If the parties are unable to agree on the Pension 

Plan, they would be able to engage in economic activity. 

A Welfare Contribution and Pension Plan. For all "A" Plan employees, see attached 

Side Letter. 

Teamster Local Union 701 shall have the authority to allocate the combined 

contribution amount between the Welfare and Pension Funds Mid-New Jersey 

Trucking Industry, Local 701 Plan A at the increase combined contribution rate of 

$1.00 on April 1st, each year of the Agreement. The allocation shall be 

communicated to the Employer and the Funds in writing. All such contributions 

are to be computed on the first forty (40) hours ofwork. 

B. There shall be no other increase in the Employer contribution during the term of 

this Agreement except those amounts which are provided for in the National 

Master Freight Agreement. 

C. The Employer hereby agrees to permit an authorized representative ofthe Union, 

as well as an authorized representative so designated by the Welfare and Pension 

Fund, Mid-Jersey Trucking Industry, Local No. 701, to inspect its payroll records 

for the purposes of checking the accuracy ofthe contributions required to be made 

by the Employer fails to make the contributions provided for herein within the 

time required by the trust indenture and the rules and regulations of the 

fund(s),then the trustees may cancel out the insurance coverage for such 

employees on whose account the Employer has failed to contribute. 

D. Notwithstanding anything herein contained, it is agreed that in the event an 

Employer is delinquent at the end of a period in the payment of his contribution to 

the Welfare and Pension Fund(s) created under this contract, in accordance with 

the rules and regulations of the trustees of such Funds, the employees or their 

representatives, after the proper official of the Local Union shall have given 72-

hour notice to the Employer of such delinquency in Welfare and Pension 

payments, shall have the right to take such action as they deem necessary until 

such delinquent payments are made, and it is further agreed that in the event such 

action is taken, the Employer shall be responsible to the employees for losses 

resulting therefrom. 

5354493 25 
268 

Section 2. Group "A" Employees 

Group "A" employees are those employees who shall be covered under the Welfare and 

Pension Fund, Mid-Jersey Trucking Industry, Local 701 Plan A. 

Should the value of health insurance benefits provided to the Employer's employees 

exceed the threshold set under the Affordable Care Act (ACA) such that it would become subject 

to the "Cadillac Tax," or should the Welfare Fund, Mid-New Jersey Trucking Industry, Local 

701, otherwise to fail to provide "minimum value" within the meaning of the ACA, the 

Employer retains the right to reopen the agreement for the sole purpose of negotiating changes to 

the Employer's contributions to the Welfare Fund (or for health insurance benefits only) so as to 

fall below the Excise Tax plan or premium thresholds and/or a new vehicle for the provision of 

health insurance benefits. In the event the parties are unable to reach agreement on such 

changes, both parties may take economic action up to and including a strike or Employer lock 

out. 

Section 3. Pre-Tax Pension Bonus Payment For "C" Plan Members That Were Actively 

Working For Bunzl ON April 1, 2011 

As soon as practical after the beginning of the contract year April 1, 2016; April 1, 2017; 

April I, 2018; April I, 2019; and April 1, 2020, the Employer will make a pre-tax pension bonus 

payment ofFourteen Hundred Dollars ($1,400.00) to the Bunzl retirement plan for each "C" Plan 

employee on the seniority list actively working for Bunzl April I, 2011. 

Section 4. Pre-Tax Pension Bonus Payment For "C" Plan Members That Were Actively 

Working For Bunzl AFTER April 1, 2011 

All "C" Plan bargaining unit members actively working for Bunzl AFTER April 1, 2011 

through the expiration ofthe Agreement, will receive on the fifth (5th) anniversary of their union 

seniority date, a one-time pre-tax pension bonus payment of Fifteen Hundred Dollars ($1,500.00) 

to the Bunzl retirement plan. 

Section 5. Group "C" Drivers 

Group "C" Drivers are those employees who bid and are selected for driver positions. 

Group "C" Drivers shall be paid the Group "C" Driver Rate during the time they are classified as 

Group "C" Drivers. Group "C" Drivers may occasionally be used to cover warehouse duties but 

they shall be paid the Group "C" Driver Rate. The Group "C" Drivers shall be covered under the 

Bunzl medical and pension pian as described herein. The medical benefits that Group "C" 

employees are eligible to select are: medical, dental, vision, Life Accidental Death and 

Dismemberment, and Reimbursement Accounts. The pension is the Bunzl USA Inc., Retirement 

Pension Plan and the Bunzl Deferred Savings Plan. The Employer has the right to make 

unilateral changes to such medical and pension benefits, so long as any changes are applicable to 

similarly situated non-union employees. 

S3'4493 26 
269 

Section 6. Group "C" Warehouse Employees 

Group "C" Warehouse Employees are those employees who have not bid for or who have 

not been selected for driver positions. The Group "C" Warehouse employees shall be covered 

under the Bunzl medical and pension plan as described herein. The medical benefits that 

Group "C" employees are eligible to select are: medical, dental, vision, Life Accidental Death 

and Dismemberment, and Reimbursement Accounts. The pension is the Bunzl USA Inc. 

Retirement Pension Plan and the Bunzl Deferred Savings Plan. The Employer has the right to 

make unilateral changes to such medical and pension benefits, so long as any changes are 

applicable to similarly situated non-union employees. 

ARTICLE21 

POSTING OF BONDS 

All Local Unions may require the posting of a bond sufficient to cover weekly wages and fringe 

benefits for those Employers who by financial shortages have created a doubt as to the future 

ability of the Union to collect for its members those conditions provided by the contract. 

Maintenance of Standards shall prevail for better conditions. Any dispute arising under this 

paragraph shall be submitted to the grievance procedure. 

ARTICLE22 

LOSSES OR DAMAGE 

Employees are to use utmost care at all times to prevent loss or damage of freight. Where loss or 

damage of freight occurs through negligence of the employee, he shall be held responsible for 

same where it is proven that said damage occurred through his negligence or carelessness. 

Disputes arising over this paragraph sh~ll be referred to the grievance procedure as provided in 

Article 7 of this Agreement, but pending the outcome of such grievance, the Employer shall not 

fix the amount of such damage and/or loss nor shall the Employer attempt to deduct from the 

employee's wages any money for the alleged damage and/or loss. No employee shall be charged 

for loss or damage to equipment. 

ARTICLE23 

EXAMINATION & IDENTIFICATION FEES 

Section 1. 

A. Physical, mental or other examinations required by any government body (such as DOT 

requirements) shall be complied with by all employees, provided however; the Employer shall 

pay for all such examinations. The Employer shall not pay for any time spent in the case of 

applicants for jobs and shall be responsible to other employees only for time spent at the place of 

examination or examinations, including DOT examination. Examinations are to be taken when 

required by any Government body unless the employee has suffered serious injury or illness. 

Employees will not be permitted to take examinations during their working hours unless 

instructed to do so by the Employer. 

5354493 27 
270 

IN WITNESS WHEREOF the parties hereto have set their hands and seals this /5 day "'j'vtre__ 

of 2016, to be effective as ofApril 1, 2016, except as to those areas where it has been otherwise 

agreed between the parties. 

DA I ZAK

BUNZL NEW JERSEY 

DATE~·-------

TEAMSTERS LOCAL UNION NO. 701 {-IS-)o/t DATE:._______ 

5354493 41 
' ..,:..-.~· .... -:-..;,,;;_,·_,,.,, ; ,,~··- _;_..;"~·,,:: •.. ,,_':_,;.J_;: .. · ,;_. 

271

Memorandum of Agreement of Collective Bargaining Agreement 

W.R. Grace & Co. - Conn. (herein "W.R. Grace" or "the Company") and Local 701, 

International Brotherhood of Teamsters (herein "Local 701" or ''the Union") agree that this 

Agreement shall be effective April l, 2015, and be full force and effect for a three (3) year term, 

with end date of 11 :59 P.M. March 31, 2018. 

All terms and conditions of the Memorandum of Agreement for the period April 1, 2008-

March 31, 2013, and the Agreement between Local 701 and W.R. Grace for the period of April 

l, 2013 through March 31, 2015 shall continue to constitute the Collective Bargaining 

Agreement between the parties, except as modified herein: 

1. All terms and conditions as written in the 2008-2013 National Master Freight 

Agreement and the NJ-NY Area General Trucking Local 70 I Agreement. 

2. The Company agrees that there is to be an annual increase increment in 

compensation as follows: 

Effective April 1, 201 S $1.15 per hour 

April I, 2016 $1.20 per hour 

April 1, 2017 $ 1.25 per hour 

Local 701 shall have the authority to allocate the increment between wages and 

benefits (Pension and Welfare) but with the stipulation that there shall be a maximum increase of 

$00.62 per hour, per year, to wages. The Union shall notify the Company ofthe allocation each 

year on or before the contract renewal date. Noting the first year allocation implementation will 

be after April 1, 2015, the Union shall notify the Company ofthe allocation within five (5) days 

after ratification, with the implementation to be retroactive to April 1, 2015. 

3. Grace has negotiated with the Union regarding terms and conditions for Grace to 

utilize a third party organization for purposes of holding and maintaining this collective 
272 

_, . 

bargaining agreement and collective bargaining relationship, which agreement shall be referred 

to as the "Third Party Employer Agreement," and Recognition and Successor Employer 

Agreement, with these Agreements to be recognized as separate and independent from the 

collective bargaining agreement. 

4. Grace will be permilled to utilize common carriers to supplement its deHvery 

needs when work volumes temporarily require more than the current three (3) bargaining unit 

drivers employed by Grace. Such overflow deliveries will originate from the Somerset facility. 

Grace bargaining unit drivers will in all instances be given first priority in available runs on a 

daily basis. IBT Local 701 shall have the right, at its request, to verify that its members have 

been given first priority on available mn. and Grace agrees to provide appropriate documentation 

to allow the Union to verify its members have not been denied straight time work due to the t,L~ 

of common carriers. Further, when the utilization of outside carriers is for a reasonab1y 

prolonged period of a continuing nature, the Employer shall increase the number of bargaining 

unit employees. Grace shall not utilize this ability to utilize outside carriers as a subterfuge to 

avoid or evade obligation under the collective bargaining agreement and in the collective 

bargaining relationship. When a bargaining unit employee leaves the unit due to retirement, or 

other termination, then Gtace shall hire to fil] the vacancy provided work remains available. 

This Memorandum is subject to ratification approval by the bargaining unit. 

ON BEHALF OF: ON BEHALF OF: 

Local 701, International Brotherhood W.R. Grace & Co. - Conn. 

2 

. . ...... .. ... ~., ... .. ~ :•-'. •: . _. : ·.• ··,: .. ,. .... : , . :•. ' · ~ •••• • ... + • •• ·...... :.·· ·, ~,• . .'·.~:-' .. ... 
,;),•_·. ···1 

TEAMSTERS LOCAL UNION No. 701 

273

"CHAUFFEURS, WAREHOUSEMEN AND HELPERS, THE IDENTICAL JURISDICTION 

OF JOINT COUNCIL Nci. 73 IN THE STATE OF NEW JERSEY" 

Affiliated with The International Brotherhood ofTeamsters 

2003 Route 130, Suite B • North Brunswick, New Jersey 08902 

Telephone: (732) 297-2701 Fax: (732) 821-6233 

·· www.TeamstersLocal70I.0rg 

Ernie Soehl Ron Lake Ray Milmoe 

President I Business Agent se·c,.etary-Treasure,~ Recording Secretary 

Principal Officer Business Agem Business Agent 

· John Wilson Greg Riggleman Tony Giustino Eleanor O'Leary 

Vice President Trustee Trustee Trustee

May 26, 2015 

W.R. GRACE COMPANY 

62-WHITTEMORE AVE 

CAMBRIDGE, MASS 02140 

ATTN: Mr. Atom Saverse 

Dear Atom: 

Please find enclosed two (2) copies first one Memorandum of Agreement and second the Third 

Party Employer Agreement. 

Also the breakdown effective April 1, 2015 of the $1.15 per hour is as follows: 

Effective 4/1/15 Wages $.62 cents 

Welfare $.40 cents 

Pension $.13 cents 

Effective 4/1/16 Wages $.62 cents 

Welfare $.45 cents 

Pension $.13 cents 

Effective 45/1/17 vyages $.62 cents 

Welfare $.SO cents 

Pension $13. Cents 

As per the Memorandum of Agreement all increases are retroactive to April 1, 2015. 

~32 

We Will Only Accept Deliveries From Union. Carriers. All Other Deliveries Will Be Refused! 
274 

Ifyou have any questions please do not hesitate to call me at my office. 

President of Teamsters Local Unioh 701 

Cc: enclosed 
275

MEMORANDUM OF AGREEMENT 

2015-2020 

BETWEEN 

INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 701 

2003 RT. 130 SUITE B 

NORTH BRUNSWICK, NEW JERSEY 08902 

AND 

H.M. ROYAL INCORPORATED 

689 PENNINGTON AVE., BOX 28 

TRENTON, NEW JERSEY 08601 

ARTICLE 1.Term of Agreement - April 1, 2015 - March 31, 2020 

ARTICLE 2.Wages To Be Increased (Hourly) 

DRIVERS/MA.INT. WHSE. Maint. MECH 

HELPER 

EFF.4/1/15 (+.40 cents) 26,03 25.72 26.18 25.78 

EFF.4/1/16 (+.40 cents) 26.43 26.12 26.58 26.18 

EFF.4/1/17 (+.40 cents) 26.83 26.52 26.98 26.58 

EFF.4/1/~8 (+.45 cents) 27.28 26.97 27.43 27.03 

EFF.4/1/19 (+.45 cents) 27.73 27.42 27.88 27.48 

Wages to be Increased {Mileage Drivers). The following mileage rates 

shall be utilized until the Union and Company meet to negotiate 

possible Over the Road Runs: 

EFFECTIVE 4/1/15 (+.01028 cent per mile) $0.66073 per mile 

EFFECTIVE 4/1/16 . (+.01028 cent per mile) $0.67100 per mile 

EFFECTIVE 4/1/17 (+.01028 cent per mile) $0.68128 per mile 

EFFECTIVE 4/1/18 (+.01156 cent per mile) $0.69284 per mile 

EFFECTIVE 4/1/19 (+.01156 cent per mile) $0.70440 per mile 

ARTICLE 3.Health, Welfare & Pension Contributions (Combined Increase) 

Combi ned Health & Welfare shall be increased (For Each Employee as 

Follows:) 

EFFECTIVE 4/1/15 $0.35 per hour 

EFFECTIVE 4/1/16 $0.40 per hour 

EFFECTIVE 4/1/17 $0.45 per hour 

EFFECTIVE 4/1/18 $0.45 per hour 

EFFECTIVE 4/1/19 $0.50 per hour 
276

ARTICLE 3 Hea il, Welfare & Pension 

Section 1.Participation and Contribution 

The Employer, upon execution of this Agreement, shall contribute the 

following contributions periodically, as set forth herein, as required 

by the rules and regulations of the Pension Fund, Mid-Jersey Trucking 

Industry, Local No. 701, for the purpose of providing and maintaining 

benefits heretofore in effect and as hereinafter may be amended, from 

time to time, in accordance with the Trust Agreement, regulating said 

Fund. Said Trust Agreement, and all amendments and/or changes thereto 

as adopted by the Trustees, shall hereby be considered part of this 

contract. Upon execution .of this Agreement, the signatory and 

employer confirms all prior acts of the Trustees, provided said acts 

were not contrary to law, and further, they were authorized and taken 

pursuant to the authority as set forth in the present amended Trust 

Agreement. 

A. Welfare and Pension Contribution Plan A. 

Effective April 1, 2015, the Employer's contribution to the combined 

Funds shall be increased $0.35 per hour for forty (40) hours, 

allocation of which shall be made by the Trustees of the Welfare and 

Pension Funds. 

Effective April 1, 2016, the Employer's contribution to the combined 

Funds shall be increased $0.40 per hour for forty (40) hours, 

allocation of which shall be made by the Trustees of the Welfare and 

Pension Funds. 

Effective April 1, 2017, the Employer's contribution to the combined 

Funds shall be increased $0.45 per hour for forty (40) hours, 

allocation of which shall be made by the Trustees of the Welfare and 

Pension Funds. 

Effective April 1, 2018, the Employer's contribution to the combined 

Funds shall be increased $0.45 per hour for forty (40) hours, 

allocation of which shall be made by the Trustees of the Welfare and 

Pension Funds. 

Effective April 1, 2019, the Employer's contribution to the combined 

Funds shall be increased $0.50 per hour for forty (40) hours, 

allocation of which shall be made by the Trustees of the Welfare and 

Pension Funds. 

B. The only increase in the Employer contribution during the term 

of this Agreement shall be those provided above. 
277

ARTICLE 3 Con: )iued - HEALTH, WELFARE & P ~ION 

C. The Employer hereby agrees to permit an authorized representative 

of the Union, as well as an authorized representative so designated 

by the Welfare and Pension Fund, Mid-Jersey Trucking Industry, Local 

No. 701, to inspect its payroll records for the purposes of checking 

the accuracy of the contributions required to be made by the Employer 

to said fund (s). If the Employer fails to make the contributions 

provided for herein within the time required by the trust indenture 

and the rules and regulations of the fund(s), then the trustees may 

cancel out the insurance coverage for such employees on whose account 

the Employer has· failed to contribute. Additionally, the Fund may 

institute action to collect delinquent contributions in accordance 

with the Trust Agreement. 

D. Notwithstanding anything herein contained, it is agreed that in 

the event an Employer is delinquent at the end of a period in the 

payment of this contribution to the Welfare and Pension Fund (s) 

created under this contract, in accordance with the rules and 

regulations of the trustees of such Funds, the employees or their 

representatives, after the proper official of the Local Union shall 

have given 72-hour notice to the Employer of such delinquency in 

Welfare and Pension payments, shall have the right to take such action 

as they deem necessary until such delinquent payments are made, and 

it is further agreed that in the event such action is taken, the 

Employer shall be responsible to the employees for losses resulting 

there from. 

E. A contribution shall be required for all hours worked or paid, 

including but not limited to vacation time, paid sick days, 

bereavement pay, jury duty and paid holidays. 

ARTICLE 4. Over-The-Road Drivers shall receive a Meal Allowance of 

$40.00, and a Motel Allowance up to a maximum of $75.00 per night. 

ARTICLE 5.Starting with the First Hour waiting time, which shall be 

paid, every odd hour shall be paid for all waiting time. 

ARTICLE 6.Under the Mileage Contract, one (1) quarter hour (15 

minutes) shall be paid for Drop and one (1) quarter hour (15 minutes) 

shall be paid for hook-up. 

ARTICLE 7.RECOGNIZED HOLI DAYS: 

New Year's Day Independence Day Christmas Eve Day 

Good Friday Labor Day Christmas Day 

Memorial Day Thanksgiving Day New Year's Eve Day 

Day after Thanksgiving 
seniority list. Ir ~se of discipline within tl probationary perio~ 

the Employer shall notify the Local Union in writing. Employees hired 

after April 1, 2015, who are laid off after completing their 

probationary period will remain on the seniorit y list for a period of 

one year from the date of layoff. Employees hired prior to April 1, 

2015, who are laid off will remain on the seniority list for a period 

of five (5) years from the date of layoff. 

ARTICLE 14. 

Company Agrees to provide a .drivers room and lockers. 

ARTICLE 15. 

All warehouse employees shall have a chest x-ray every two {2) years. 

The Employer may request warehouse employees to submit to a Drug 

Screen at this time. The Employer shall pay for all such examinations. 

ARTICLE 16. 

All Employees on the Drivers Seniority list must be employed on any 

day the Employer ut.ilized a Maintenance Employee to make Pick-ups 

and/or Deliveries. 

ARTICLE 17. 

Where no reference is made to a specific Article or Section thereof, 

such Artic le and Section are to continue as in the National Master 

Freight Agreement of 2008-2013 and NJ-NY Area General Trucking 

Supplemental Agreement, as applied and interpreted during the life of· 

such agreement with the understanding that H.M. Royal, Incorporated 

will be able to continue to operate in the same manner as under 

previous agreements. 

FOR THE EMPLOYER: BY( 

Joseph E. Royal, President 

H.M. Royal, Incorporated 

DATE: 

FOR THE UNION: BY -

Ern . . . Teamsters LOCAL UNION NO. 701 
279

COLLECTIVE BARGAINING AGREEMENT 

BETWEEN 

SWSNJ WAREHOUSING, INC. 

AND 

TEAMSTERS LOCAL UNION 701 

EFFECTIVE 

January 1, 2016 through December 31, 2020 
280

. ARTICLE 13. HEAL TH, WELFARE & PENSION 

Section 1. 

The Employer has agreed to participate in MID JERSEY TRUCKING INDUSTRY 

LOCAL ·uNION NO. 701 WELFARE FUND (BAKERY DIVISION) and the MID 

JERSEY TRUCKING INDUSTRY LOCAL UNION NO. 701 PENSION FUND. The 

Employer's contribution to the two Combined Funds shall be paid per hour for each hour 

worked or paid with a maximum contribution of eight (8) hours per day (ten (10) hours 

per day for employees on a 4-1 Os schedule) or forty (40) hours per week. As of 

January 1, 2011, the Employer's aggregate contribution shall be $13.27 per hour and 

the Union, in the exercise of its discretion, shall allocate the combined contribution 

amount. between the Welfare and Pension Funds. The Employer's aggregate 

contribution shall increase as follows: 

Effective 01/01/2016. $18.27 per hour 

Effective 01/01/2017 $19.27 per hour 

Effective 01/01/2018 $20.27 per hour 

Effective 01/01/2019 $21.27 per hour 

Effective O 1/01/2020 $22.27 per hour 

Section 2. 

In the event of a delinquency in payment the Employer agrees to abide by all 

rules and regulations· established by the Trustees of such funds, including but not 

limited to those requiring the payment of interest, counsel fees, any penalties allowed by 

law, and other costs of collection of such delinquencies, and to give security in sufficient 

amount as demarlded by the Trustees to secure payment of such delinquencies. 

Notwithstanding anything herein contained, it is agreed that in the event any 

Employer is delinquent at the end of a period in the payment of his contributions to the 

health and welfare or pension fund or funds created under this contract, or in the filing of 

the periodic reporting forms with the fund(s), in accordance with the rules and 

regulations of the Trustees of such funds, qr the provisions of this Agreement, the 

employees or their representatives, after the· proper official of the Union shall have given 

seventy-two (72) hours' notice to the Employer except where no notice is required in 

accordance with past practice of such delinquency· in health and welfare and pension 

payments, shall have the right to take such action as they deem necessary, including 

the right to strike, until such delinquent payments are made, and it is further agreed that 

in the event such action is take.n, the Employer shall be responsible to the employees 

for losses resulting there from. The present practice in regard to payment of health, 

welfare and pension from surplus funds for sickness and injury shall be maintained at 

no less than the present minimum. 

Section 3. 

Contributions by the Employers into health, welfare, and pension funds shall be 

for all casuals, extra and seniority employees from the first day of work. Health, welfare 

22 -

350694 
281

and pension contributions for work performed unde"r this contract shall be for all hours 

paid subject to a maximum of forty (40) hours per week. 

Section 4. 

The Employer hereby agrees to permit an authorized representative of the 

respective Union's Fund(s) to inspect its payroll records for the purpose of checking the 

accuracy of the contributions required to be made by the Employer to said fund(s). If 

the Employer fails to make the contributions provided for herein within the time required 

by the trust indenture and the rules and regulations of the fund(s) then the Trustees may 

cancel out the insurance covera·ge for such employees on whose account the Employer 

has failed to contribute. · · 

Section 5. 

All contributing Employers must use the reporting forms promulgated by the. 

Trustees of each fund and comply with the instructions ofthe Trustees in filling out such 

forms. Such forms must be filed with the fund(s) on a periodic basis required for that 

Employer by the Trustees, namely monthly, unless a greater reporting period is 

permitted for the Employer by the Trustees. 

Such periodic reporting forms must be filed by the Employer with the fund(s) 

regardless of whether any contributions are due and owing the fund(s) in the reporting 

period. In the event that no contributions are due and owing in the reporting period, the 

Employer shall so state on the form and the reason therefore. An additional copy of the 

report on forms furnished by the Fund shall be posted by the Employer at the domicile 

of the employees affected. 

Section 6. 

The Employer agrees to be bound by the provisions ofthe Trust Indentures, and 

Rules and Regulations of the Pension and Welfare Trust Funds to whom contributions 

are required to be made herein, including such Amendments to same as may be from 

time to time. 

Section 7. 

It. is agreed with· the Employer, Local Union 701, and by each and every 

-employee, his ·or her spouse, beneficiary or dependent, · and to · be deemed as · 

understood, that only the Boards of Trustees, acting as Boards of Trustees, of the 

Pension and Welfare Trust Funds providing benefits to the employees hereunder, have 

any authority to determine matters involving coverage, eligibility,- vesting, amounts and 

types of Pension and Welfare benefits for the employees hereunder, and to make any 

form of representations or commitments as to such past, present and future coverage, 

eligibility, vesting, amount, and type of benefits for any employee or group of 

employees. No representation or commitment not in writing signed by the Board of 

Trustees shall be binding on the Board of Trust~es or the Fund. No officers, agent, 

representative or employee of any Union or of. any· Employer shall be deemed an agent 

or representative of the Board(s) of Trustees or be deemed as authorized to make any 

23 

350694 
282

oral or written representations, or give any form of commitment, which may be relied 

upon by any employee, his or her spouse, beneficiary or dependent. 

It is further agreed upon and understood that no single Trustee or employee(s) of 

any Fund has authority to give any such representations or commitments since such 

representations ·or commitments can only be made by the Boards of Trustees acting as 

. Boards of Trustees. 

Section 8. 

The Trustees or their designated represent~tives shall have the authority to audit 

the payroll and wage records of the Employer for all individuals performing work within 

the scope of and/or covered by this Agreement, for the purpose of determining the 

accuracy of contributions to the funds and adherence to the requirements of this 

Agreement regarding coverage and contributions. For purposes of such audit, the 

Trustees or their designated representatives shall have access to the payroll and wage 

records of any individual, including owner-operators, lessors and employees of fleet 

owners (excluding any supervisory, managerial and/or confidential employees of the 

Employer) who the Trustees or their designated representatives reasonably believe may 

be subject to the Employer's contribution obligation. 

ARTICLE 14. INSPECTION OF PAYROLL RECORDS 

An authorized representative of the Union or the funds shall have the right to 

inspect the Employer's pay records, time cards, health and welfare and pension fund 

records and/or records of the employees. 

ARTICLE 15. EQUIPMENT AND UNIFORMS 

Section 1. Defective Equipment 

(a) Employees Not Required To Operate 

' The Employer shall not require employees to take out on the streets or highways 

any vehicle that is not in safe operating condition or equipped with the safety appliances 

prescribed by law. It shall not be a violation of this.Agreement where employees refuse 

to operate such equipment, unless such refusal is unjustified. 

. All equipment which is refused because not mechanically sound or properly 

equipped, shall be appropriately tagged so that it cannot be used by other drivers until 

the maintenance service has adjusted the complaint. After the equipment is repaired, 

the Employer shall place on such equipment an "OK" in a conspicuous place so the 

driver can see same. 

Under no circumstances will an employee be required or assigned to engage in 

any activity involving dangerous conditions of work or danger to person or property or in 

violation of any applicable statute or court order, or in violation of a government 

regulation relating to safety of person or equipment. The term "dangerous conditions of 

work" does not relate to the type of cargo which is hauled or handled. 

24 

350694 
283 

IN WITNESS WHEREOF, the parties have. set their hands hereto as of this 

1st day of January, 2016. · ' 

For the Employer: For the Union: 

L/KOn LaKe 

Secretary Treasurer 

36 

350694 
284

ADDENDUM TO COLLECTIVE BARGAlNING AGREEMENT SWSPA 

Effective January 1, 2016, only terms mentioned in this Addendum modifies the master 

Collective Bargaining {the "RDC Agreement") between SWSNJ1 Inc. ('1Employer'') and 

Teamsters Local Union No. 701, ("Union11) covering the period from January 1, 2016 to 

December 31, 2020. Any term not modify in this addendum shall be in full force and 

effect as described in the Master Collective Bargaining Agreement (RDC) for all 701 

members working at a SWSPA facility as described: 

The folfowing terms and conditions of employment shall applyto those employees who 

pick, pack, ship, drive and deliver orders hereinafter referred to as "Warehouse· 

Employees and Drivers." 

ARTICLE 3. New Employees Section 6 Supervisory Personnel. 

Supe,visory personnel of the Employer shall be restricted from performing 

the work which is recognized as the work of the employees covered by this Agreement, 

except for: {a) purposes of instruction, (b) other work which is incidental to their work as 

· supervisors, (c) fill-in work as a driver when a driver is on vacation or absent due to 

sickness or other reason, and (d) routing, which may be performed by supervisors. 

· (All other sections, paragraphs and verbiage no·change) 

Sections 1-2-3-4-5 and 5 pertain as described in master agreement. 

ARTICLE 5. SENIORITY 

Section 1 Seniority Principle. Paragraph 3. only 

3. The Warehouse Employt?es and Drivers at SWSPA shall be in two seniority lists 

separate from the seniority lists in the RDC Agreement. Although they heed notpossess 

a Class B license, a Drivermustb~ able to perform the driving Work (including delivering 

product to retail PLCB stores or transferring product to other of the Employer's 

locations) 

(All other sections, paragraphs and verbiage no change) 

Sections 2-3-4-5 and 6 pertain as described in master agreement. 
285

ARTICLE 13. HEALTH, WELFARE & PENSION 

· Section 1. 

The l;:mployer has agreed to participate in MID JERSEY TRUCKING INDUSTRY 

LOCAL UNION NO. 701 WELFAREFUNO (TRUCKING DIVISION) and the MID 

JERSEY TRUCKING INDUSTRY LOCAL UNION NO. 701 ANNUNITY FUND. The 

Employer's contribution to the two Combined Funds shall be paid per hour for each hour 

worked or paid with a maximum contribution ofeight (8) hours per day {ten ( 10) hours 

per day for employees on a 4.:.10s schedule) or forty (40) hours per week. The Union, in 

the exercise of its discretion, shall allocate the combined contribution amount between 

the Welfare and Annuity Funds. The Employer's aggregate contribution is as foflows: 

Effective 01/01/2016- $15.00 per hour 

Effective 01/01/2017- · $16.50 per hour 

Effective 01/01/2018- $18.00 per hour 

Effective 01/01/2019- $19.50 per hour 

Effective 01/01/2020- $21.00 per hour 

(All other sections. paragraphs and verbiage no change) 

Sections 2-3-4-5-6-7 and 8 pertain as described in master agreement· 

. ARTICLE 15. EQUIPMENT AND UNIFORMS· 

Section 5. Work Boots . . 

Employees wiHbe required to·weat safety shoes that comply with OSHA requirements .. 

Theeniployerwill pay upto a maximum of one hundred dollars ($100.00)towards 

OSHAcertified work shoes for each year ofthe contract. A receipt must be .submitted 

for reimbursement. 

(All other sections, paragraphs and verbiage no change) 

Sections 1-2-3-4 pertain as described in master agreement. 
286 

worked, and three (3} times the driver's regular hourly rate of pay for any and all hours · 

worked in excess of eight (8) hours. 

.6) If a employee works a holiday that is designated in Article 12, Section 1(d}(2) of this 

Agreement, the employee will be paid ten (10) hours PTO/holiday pay at the employees 

regular hourly rate of pay, and, in addition, will be paid one and one-half (1 1⁄2) times the 

employees regular hourly rate of pay for the first ten (10) hours worked, and tnree (3) 

times the employees regular hourly rate of pay for any and all hours worked in excess of 

ten (10) hours. 

(All other.sections, paragraph$ and verbiage no change) 

Sections 2-3- and 4 pertain as des~ribed in master agreement. 

... _.. ___ Article 21 . .JOB.OU.TIES ANO.CLASSIFICATIONS...... . "'"''"'· __ 

Section 1. 

e) Warehouse Worker 

_. . .....,...... ..... ... ... ____ ..-··......... ....... .. ..... 

A warehouse worker is one whose primary duty is ~o load and unload employer owned 

trucks, and those of contractors and common carriers, at the employer's warehouse, _ 

including using employer's forklifts, stock pickers, conveyor belts and any task in 

support of such duty. · · · · 

(All other sections, paragraphs and verbiage no change) 

Sections 1-2-3- and 4 pertain as d€1~ribed in master agreement. 

ARTICLE 28. TERM OF THE AGREEMENT . . 

Tenn of ag'reement is outlined in master agreement. 

. Forthe sinployer:· For the Union: . 
287

.. 

MJ3'.MORANDrUM' ,,·. :......... . . : ' . . •,". OF AGREEMENT ,.· -.....

The following terms and conditions of employment have been agreed to by and 

between SWSNJ, Inc. and IBT, Local 701. 

The parties agree to correct verbiage errors and were applicable change references of 

driver, man ormen to employee. 

1. ARTICLE 1. RECOGNITION 

Change company address to: 801 West Linden Suite 100 Linden NJ ,07036 

2. ARTICLE 8. GRIEVANCE PROCEDURE AND UNION LIABILITY 

Section 2. Step 3 (Change to Read) 

STEP 3. If the Union· is not satisfied with the decision rendered pursuant to the above, 

or if the grievance procedure outlined herein above has not been followed by the 

Employer, the Union may appeal to arbitration within five (5) days after the decision or 

expiration of the time outlined herein. Upon agreement by the Union and the Employer, 

the matter may first be referred to binding mediation with the New Jersey State Board of 

Mediation. Should the dispute ("grievance") not be submitted to/ resolved at mediation, 

thenthe' matter shaUbe reduced to writing and referred to .theNeWJetsey~NewYork Joint.. Area committee :(NJ/NY JAG). Viibere,the Naw Jer:s_e~,CNewYork JointAraa Cornmltte ·•·. 

(NJ/NYJAC),·1s/unable to agree or come:to a.decision.on.a.. casere~yl~ibglna dec1dlock• . same shall then be submitted to the Eastern Region JointArea Committee ' (ERJAC} ifthe 

.Eastern Region Joint Area Committee {ERJ/\C) .is unable to agree or come to a decision, 

.on•~tease resulting•ina deadlock ,same shall be submitted to the New Jersey'S~afe,Board, 

of Mediation (NJSBM} who: sllaU designate the arbitrator to hear ·the.dispute . . The Uhion, 

in order,to refer the matter, must so notify the Employer no later than ten (10)work days 

after the receipt of the Employer's answer in Step 2 above. The NJ/NY JAC, Eastern 

Region Committee or a New Jersey State Board arbitrator shall be bound by this 

Agreement and he shall have no power to alter, amend, modify.add anything to, or take 

anything away from the provisions of this Agreement. Any decision shall be final and 

binding on the Union, and the Employer and all employees involved. The expenses of · 

the arbitrator shall be borne equally by the parties. The arbitrator shall not have the · 

power to award retroactive to a date earlier than the date of the grievance. Each party 

shall bear its own expense in presenting its case and providing witnesses, and in 

securing any desired copy of a hearing transcript. · 
288

4. Article 13. HEALTH, WELt=ARE & PENSION (Change to Read} 

Section 1 . 

.The Employer has agreed to participate in MID JERSEY TRUCKING INDUSTRY 

LOCAL UNION NO. 701 WELFARE FUND (TRUCKING DIVISION) and the MID 

JERSEY TRUCKING INDUSTRY LOCAL UNION NO. 701 PENSION FUND. 

The Employer's contribution to the.two Combined Funds shall be paid per hour for each 

hour worked or paid with a maximum contribution of eight (8) hours per day (ten (10) 

hours per day for employees on a 4-10s schedule) or forty (40fhours per week. The 

Union, in the exercise of its discretion, shall allocate· the combined contribution amount 

between the Welfare and Pension Funds. The Employer's aggregate contribution shall 

as follows: · · 

Effective 01/01/2016 $18.27 per hour 

Effective 01/01/2017 $19.27 per hour 

Effective 01/01/2018 $20.27 p~r hour 

Effective 01/01/2019 $21.27 per hour 

Effective 01/01/2020 $22.27 per hour 

(All other sections no change) 

5~ ARTICLE 16 COMPANY RULES ( CHANGE TO READ) 

The Employer may establish such company rules as he deems necessary or 

desirable, provided that such rules are not in conflict with the terms and provisions of 

--------.t·his-A§reement, ane-further-f)revicled-that·ne·suchcompanyrules-shall-become.effective,---­

without written approval of the Local Union. 

' 

ARTICLE 19. WORKDAY AND WORKWEEK 

(INSERT BELOW.LAUNGUAGEBEFORE FIRST PARGRAPHOF SECTION~-) 

• Section 2. Trailer Drivers/Swit~hers and Trailer Driver~Fleet Maintenance 

The company will protect eighteen ( 18) employees on the Trailer Driver seniority list, 

· these employees will have a .guaranteed Forty (40) hours of work or pay protection 

known as Bid -Employees;·All other seniority employees will be known as Seniority Non 

-Bid employees and will be guaranteed (8) hour of work or pay per day for each day 

·reporting to work Monday through Friday. The company will post at the beginning of the 

start of the bid cycle no-less then eighteen (18) Bids .Those employees who do not 

select a Bid will be known as a Non-Bid employee and will not be guaranteed a start 
----------

deliveries from: piers, rail yard, third party warehouses, transfer to and from other 

locations of any products distributed currently and in the future by the employer. 

8. NEW ARTICLE • VIDEO I GPS 

S'eetion 1::l.The parties acknowledge that due to the type of product the company 

distributes it is for safety of the employees that the Company monitors its--Warehouse 

facilities and Property with Videq Cameras and It vehicles with GPS. The parties agree 

that the Union has the right to copies of any Video /GPS material relied on by the . 

Company to discipline an employee. Similarly, the burden will remain with the Company 

to demonstratethat the Video/GP$ technology relied on to discipline an employee has . 

been ·properly maintained and updated so as to be a reliable source of informationto 

support the Company's disciplinary decisipn. · · 

·sectibit2~!Finally, the parties acknowledge that the Company may not monitor its 

Video I GPS technology in order to harass an employee or solely for the purpose of 

seeking to impose discipline on an employee. The use of the Company's Video /GPS 

technology in the context of disciplinary proceedings must only be done as secondary to 

the Company's stated primary purpose for use of Video/ GPS technology. 

9. ARTICLE 28. TERM.OF THE AGREEMENT 

Section 1. 

Change dates to reflect a five yearagreement 1/1/16 to 12/31/2020 

(All other sections and verbiage no change) ....... ··-- -···· ...... -- ------· 

ALL TERMS AND CONDITIONS OF THE EXISTING AGREEMENT . 

NOT MODIFIED HEREIN .SHALL REMAIN IN FULL FORCE AND 

EFFECT. . 

This agreement shall be recommended for ratification by the Union and its negotiating 

committee. · · · · 

289 

Ron Lake · . 

Dated:' ~ / /21U6 . .. ,•··1 ·········· r · .. · 
290

CONTRACT AGREEMENT 

BETWEEN 

YRC FREIGHT MECHANIC CONTRACT 

AND 

TEAMSTERS LOCAL UNION 701 

EFFECTIVE APRIL 1, 2014 THROUGH MARCH 31, 2019 

1 
291

ARTICLE 20. HEALTH, WELFARE AND PENSION 

Section 1.Participation and Contribution 

The Employer, upon execution of this Agreement, shall 

contribute the following contributions periodically, as set forth 

herein, as required by the rules and regulations of the Pension

701, for the purpose fund, Mid-Jersey Trucking Industry, Local No. 

of providing and maintaining benefits heretofore in effect and as 

from time to time, in accordance with hereinafter may be amended, 

the Trust Agreement regulating said Fund. Said Trust Agreement, 

and all amendments and/or changes thereto as adopted by the 

Trustees, shall hereby be . considered part of this contract. Upon 

execution of this Agreement, the signator and employer confirms 

all prior acts of the Trustees, provided said acts were not 

contrary to law, and further, that they were authorized and taken 

pursuant to the authority as set forth in the present amended 

Trust Agreement. 

B. The only increases in the Employer contribution during 

the term of this Agreement shall be those provided for in the 

National Master Freight Agreement. 

C. The Employer hereby agrees to permit an authorized 

Union, as well as an authorized representative of the

so designated by the Welfare and Pension Fund, MidJersey Trucking Industry, Local No. 701, to inspect its payroll 

records for the purposes of checking the accuracy of the 

contributions required to be made by the Employer to said Fund 

(s). If the Employer fails to make the contributions provided for 

herein within the time required by the Trust Indenture and the 

Rules and Regulations of the Fund (s) , then the Trustees may 

cancel out the insurance ·coverage for such employees on whose 

account the Employer has failed to contribute. Additionally, the 

Fund may institute action to collect delinquent contributions in 

accordance with the Trust Agreement. 

D. Notwithstanding .anything herein contained, it is agreed 

that in the event an Employer is delinquent at the end of a period 

in the payment of his contributi on to the Welfare and Pension 

Fund(s) created under this contract, in accordance with the Rules 

and Regulations of the Trustees of such Funds, the employees or 

their representative, after the proper official of the Local Union 

shall have given 72- hour notice to the Empl oyer of such 

delinquency in Welfare and Pension payments, shall have the right 

36 
292

ARTICLE 20, CONTINUED 

. to take such action as they deem necessary until such delinquent 

payments are made, including the right to strike, · and it is 

event such action it taken, the further agreed than in the 

Employer shall be responsible to the employees for losses 

resulting there from. 

E. A contribution shall be required for all hours worked

paid sick

or paid, including but not limited to vacation time, 

days, bereavement pay, jury duty and paid holidays. 

F. In addition the Employer shall make the applicable 

Health and Welfare Contribution of eight (8) hours a day to a 

week for any employ ee who is on Workers maximum of 40 hours in a 

Compensation for a period of six (6) months. 

ARTICLE 21. ADDITIONAL AGREEMENTS 

Section l.Work Clothes 

The Employer agrees to provide, without cost to the employ€e, 

five (5) sets of mechanic 1 s uniforms for each maintenance employee 

per week, and make the necessary arrangements at his discretion 

for proper cleaning and replacement of same. Rain gear and winter 

coats shall be supplied to all maintenance employees. Aprons, 

gloves and eye wear shall be available to all employees with 

cleaning batteries. 

Section 2 . Coffee Breaks 

All employees coveFed by this Agreement shall be given two 

paid coffee breaks on company time, hal f-way between starting (2) 

lunch period, and the other, half-way between lunch time and

period and quitting time; eac h consisting of ten (10) minutes' 

duration. .The paid coffee periods shall not, in any way, lengthen 

t he workday. 

Section 3.Wash-up Time 

All employees covered by this Agreement shall be given ten 

(10) minutes' paid time with n o reduction in earnings on each day 

worked, for the purpose of cleaning and assembling their tools, 

washing and changi ng of clothes. The ten (10) minute paid wash-up 

time shall be either ten (10) minutes before the completion of the 

eight-hour tour of duty o r ten (10) minutes before the c ompletion 

37 
293 

shall be fr.om Ap1;il .1, 2.:014 to and ~eluding March J.,l, 2:pi~:, an~ .Y-- s hall continue-~full ·force effec t from/'y"ear to y_ r 

thereafter, yμ-ress either par gives the _,.,0Bie r notic , in 

writing, as,,1-east sixty {60) ays before ~e expirati_on~ate in 

any ye~r / ,chat is does n? desire the ,,..eontract to ,~ renewed 

automat:i,.e!·ally for the ens ng year. / . 

IN WITNESS WHEREOF, the parti es hereby have caused the within 

Agreement to be executed by its duly authorized representatives or 

officers. 

FOR THE EMPLOYER: B 

YRC FREIGHT 

FOR THE UNION: B 

TEAMSTERS LOCAL UNION No. 701 

AFFILIATED WITH THE INTERNATIONAL 

BROTHERHOOD OF TEAMSTERS 

ERNIE SOEHL, PRESIDENT 

4 3 
294

CONTRACT AGREEMENT 

BETWEEN 

Y.R.C.W 

OFFICE CLERICAL EMPLOYEES, JANITORIAL EMPLOYEES 

AND 

TEAMSTERS LOCAL UNION 701 

EFFECTIVE APRIL 1, 2008 THROUGH MARCH 31, 2019 
295

EFFECTIVE AP . MARCH 31, 2013 
296

38 ROADWAYEXPRESS CLERICAL CONTACT APRIL 1,2008-MARCH31,2013 -

ARTICLE 22, CONTINUED 

B. Any employee covered by this Agreement who is not on the Employer's seniority 

list who works three (3) days in any calendar week during which one ofthe above _listed 

holidays occur, butwho was not ordered to work on the holiday shall nevertheless receive 

one (1) day's pay for the holiday. 

C. These provisions shall also apply if a holiday falls on a Saturday. If, during any 

holiday week, an employee is unable to work a day because offederal or state regulations, 

he shall be credited with one (1) full day. 

Section 3. Pay ifWorked 

All provisions ofArticle 16, Section 6 ofthis Agreement, with respect to holiday pay shall 

apply to work performed on any ofthe recognized holidays. 

Section 4. Holidays Occurring on Sunday 

When any ofthe recognized holidays occur on Sunday, and are celebrated any day before or 

after the holiday Sunday, such days shall be considered as the holiday, and paid for as such. 

ARTICLE23~ HEALTH, WELFARE AND PENSION . -

Section 1. Participation and Contribution 

·the Employer, -upon -- executfon ···or·ihls ---Agreement, shall - contribute the following 

contributions periodically, as set forth herein, as required by the rules and regulations, ofthe 

Pension Fund, Mid-Jersey Trucking Industry, Local No. 701, for the purposes of providing 

and maintaining benefits hereto fore in effect and as hereinaftermay be amended, from time 

to time, in accordance with the Trust Agreement regulating said Fund. Said Trust 

Agreement, and all amendments and/or changes thereto as adopted by the Trustees, shall 

hereby be considered part ofthis contract. 

Upon execution ofthis Agreement, the signatory and employer confinns all prior acts ofthe 

Trustees, provided said acts were not contrary to law, and further, that they were authorized 

and taken pursuant to the authority as set forth in the present Trust Agreement. 

A Welfare and Pension Contribution Plan A 

Effective August 1, 2008, the Employer' contribution to the combined Funds shall be 

increased $1.00 with a maximum 8 hours per day or forty (40) hours per week, allocation of 

which shall be made by the Trustees ofthe Welfare and Pension Fund. 
297

ROADWAY EXPRESS CLERICAL CONTACT APRIL 1,2008-MARCH 31,2013 39 

ARTICLE 23, CONTINUED 

Effective August 1, 2009, the Employer's contribution to the combined Funds shall be 

increased $1.00 with a maximum 8 hours per day or forty (40) hours per week, allocation of 

which shall be made by the Trustees ofthe Welfare and Pension Fund. 

Effective August 1, 2010, the Employer's contribution to the combined Funds shall be 

increased $1.00 with a maximum 8 hours per day or forty (40) hours per week, allocation of 

which shall be made by the Trustees ofthe Welfare and Pension Fund. 

Effective August 1, 2011, the Employer's contribution to the combined Funds shall be 

increased $1.00 with a maximum 8 hours per day or forty (40) hours per week, allocation of 

which shall be made by the Trustees ofthe Welfare and Pension Fund; 

Effective August 1, 2012, the Employer's contribution to the combined Funds shall be 

increased $1.00 with a maximum 8 hours per day or forty (40) hours per week, allocation of 

which shall be made by the Trustees ofthe Welfare and Pension Fund. 

B. The only increases in the Employer contribution during the term ofthis Agreement 

shall be those provided for in the National Master Freight Agreement. 

C. The Employer hereby agrees to permit an authorized representative ofthe Union, as 

well as an authorized representative so designated by the Welfare and Pension Fund., MidJersey Trucking Industry, Local No. 701, to inspect its payroll records for the purposes of 

checking the accuracy of the contributions . required to be made by the Employer to said 

Fund (s ). Ifthe Employer fails to make the contributions provided for herein within the time 

required by the Trust·1n4enture and the Rules and Regulations of the Fund (S), th~n the

trustees ma}' cancel oufthe ·insurance coverage roi..stic1i·empfoyees·on whose account"the 

Employer has failed to contribute. Additionally, the Fund may institute action to collect 

delinquent contributions in accordance with the Trust Agreement. 
298

ROADWAY EXPRESS CLERICAL CONTACT APRIL 1,2008-MARCH 31,2013 40 

ARTICLE 23,CONTINUED 

D. Notwithstanding anything herein containecf, it is agreed that in the event an 

Employer is delinquent at the end of a period in the payment of his contribution of the 

Welfare and Pension Fund (s) created under this contract, in accordance with the Rules and 

Regulations ofthe Trustees ofsuch funds, the employees ortheir 

representative, after the proper official ofthe Local Union shall have given 72 hour notice to 

the Employer ofsuch delinquency in Welfare and Pension payments, shall have the right to 

·take such action as they deem n~cessary until such delinquent payments are made, including 

the right to strike, and it is further agreed that in the event such action ittaken, the Employer 

shall be responsible to the employees for losses resultingtherefrom. 

E. A contribution shall be required for all hours worked or paid, including but not 

limited to, vacation time, paid sick days, bereavement pay, jury duty and paid holidays. 

In addition the employer shall make the applicable Health and Welfare Contribution F.

of eight (8) hours a day·to a maximum offorty (40) hours.in a week for any employee who 

is onWorker's Compensation for a period ofsix (6) months. 

ARTICLE24~ EXAMINATIONS AND IDENTIFICATION FEES 

Section 1. Examinations 

Physical, mental or other examinations required by any government body shall be promptly 

complied with b)' aU einploy~es; provid~d, hO\vever, tb.e Employer shall pay for all such

exammations..The Empfoyer.shaifnoipay for any.time spiiifm.ilie case of°appitcaiits for 

jobs, and shall be responsible · to. other employees only for time spent at the place of 

examination or examinations where the time spent by the employee exceeds two (2) hours, 

and in that case, only for those hours in excess oftwo (2). 

Examinations are to be taken when required by any government body unless the employee 

has suffered serious injury or illness. Employees will not be permitted to take examinations 

during their working hours, unless instructed to do so by the Employer. The Employer 

reserves the right to select its own medical examiner or physician and the Union may, ifit 

believes an injustice hw,· been done an employee, have said employee re-examined at this 

own expense. 

Section 2. Identification 

Should the Employer find it necessary to require employees to carry or record full personal 

identification, such requirements shall be complied with be the employees, provided that the 

cost ofsuch personal identification shall be borne by the Employer. 
299 

ROADWAY EXPRESS CLERICAL CONTACT APRIL l,2008-MARCH31,2013 45

ARTICLE 30 - Termination Clause 

This Agreement shall be in full force and effect frc;>m April 1, 2008, to and including March 

3t 2013, and shall continue in full force and effect from year to year thereafter, unless 

either~ gives the other notice, in writing, at least sixty (60) days before the expiration 

date in any year that it does not desire the contract to be renewed automaticaliy for the 

ensuing year. 

In the event ofan inadvertent failure by either party to give the notice set forth inthe above 

paragraph, such party may give such notice at any time prior to the termination or automatic 

renewal date of this Agreement. If a notice in given in accordance with this .provision, the 

expiration date ofthis Agreement shall be the sixty-first (61st) day following such notice. 

lN WITNESS WHEREOF, the parties hereby have caused the within Agreement to be 

executed by its duly authorized representatives or Officers.· 

FOR TlJE EMPLOYER: 

By: Signature and Title 

FORTHE.IJNJON: . .. TEM!STERSLOCAL.UNI0N· No.70L . 

AFFil,IATED WITH THE INTERNATIONAL 

Date: J-Jf,.__ o? · 
) 

300

EXTENSION OF THE AGREEMENT FOR THE RESTRUCTURING 

OF THE YRC WORLDWIDE INC. OPERATING COMPANIES 

YRC Inc. (d/b/a YRC Freight), USF Holland Inc., New Penn Motor Express, Inc., and 

USF Reddaway Inc. ( collectively the "Employer") have provided this Extension of the 

Agreement for the Restructuring of the YRC Worldwide Inc. Operating Companies 

(hereinafter the "Extension Agreement") to the Teamsters National Freight Industry 

Negotiating Committee ("TNFINC") of the International Brotherhood of Teamsters (the 

"IBT", the "Teamsters" or the "Union"). This Extension Agreement is for the express 

purpose ofprovidingjob security for the Employer's Teamster bargaining unit employees 

by creating the opportunity to continue the :financial restructuring ofthe Employer. 

1. Term. The Agreement for the Restructuring ofthe YRC Worldwide me. 

Operating Companies (the "Restructuring Agreement"), the 2008-2013 National Master 

Freight Agreement and applicable Supplements (the "NMFA"), and the USF Reddaway 

Western Contract and Northwest Agreement ("Reddaway Agreements") shall be 

extended from March 31, 2015 until March 31, 2019, subject to the modifications set 

forth below. 

2. Ratification Bonus & Lump Sum Payment. The Employer shall pay a 

bonus of $750.00 in the event this Extension Agreement becomes effective. The 

ratification bonus will be payable within thirty (30) days of the Effective Date to all 

regular employees on the seniority list at the time ofratification, provided the employee 

was active within ninety (90) days of December 31, 2013 and still is employed by the 

Employer at the time ofpayment. The Employer also shall pay a lump sum payment of 

$750.00 on April 1, 2015 to all regular full-time employees on the seniority list who have 

been actively working for the prior twelve (12) months. Regular full-time employees who 

have been subject to seasonal layoff between April 1, 2014 and March 31, 2015 will not 

be disqualified from receiving the $750 Lump Sum Payment. Employees laid off for 

other reasons will not be eligible for the Lump Sum Payment. The $750.00 bonus and 

payment shall not be subject to the 15% reduction. 

3. Wage Increases. This Extension Agreement provides for hourly rate 

increases and equivalent mileage rate increases for all classifications, as follows: 

April 1. 2016 $.40/hr 

April 1, 2017 $.40/hr 

April 1. 2018 $.40/hr 

All wage and mileage increases will be subject to the 15% reduction outlined in the 

Restructuring Agreement. There shall be no hourly or equivalent mileage rate increase in 

2014 or 2015. Any wage increase paid in 2014 prior to the effective date shall remain in 

effect only until payment of the ratification bonus and the Company may not seek · 

repayment for that portion of the 2014 wage increase earned prior to the payment ofthe 

bonus. 

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j 

301

1-17-14 

4. Health & Welfare Contributions. The Employer shall maintain health 

and welfare benefit levels by increasing health and welfare contribution rates up to the 

following amounts, based on the rates detennined by the applicable health and welfare 

fund to maintain the current benefits. 

Januarv 1, 2015 $.35/hr 

Auirust 1, 2015 $.50/hr 

August 1, 2016 $1.00/hr 

Au1rust 1, 2017 $1.00/hr 

AulIDst 1, 2018 $1.00/hr 

There shall be no increase payable on August 1, 2014. 

5. Pension Contributions. The Employer shall continue to make 

contributions to the applicable pension funds or 40l(k) plan at 25% of the 2009 rate, 

consistent with the Restructuring Agreement. To the extent any health and welfare fund 

needs less than $.60/hr on August 1, 2016, $.70/hr on August 1, 2017, or $.75/hr on 

August 1, 2018, the amount less than $.60/hr, $.70/hr, or $.75/hr (as applicable) may be 

directed by the applicable Supplemental Negotiating Committee to increase the 

contribution rate for the corresponding pension fund or 40l(k) plan. 

6. Profit Sharing Bonuses. 

(a) Profit sharing bonuses will be payable according to the following 

· schedules beginning in 2016 (based on 2015 performance),, provided the applicable 

annual published operating ratio is within the specified ranges for any full calendar year. 

Bonus calculations and payments will be separate for YRC Freight and ·the Regional 

Carriers (Holland, New Penn, and Reddaway), with the operating ratio for the Regional 

Carriers being calculated on a combined basis: 

YRC Freii!ht Ogerating Ratio Bonus Amount 

96.1 to 97.0 1% 

93.1 to 96.0 2% 

93.0 and below 3% 

Regional Carrier Combined Bonus Amount 

Onerating Ratio 

94.1 to 95.0 1% 

92.l to 94.0 2% 

92.0 and below 3% 

Bonus amounts shall be calculated based on each individual employee's W-2 earnings 

( excluding any profit sharing bonuses) for the year in which the qualifying operating ratio 

was achieved. Profit sharing bonuses will not be subject to the 15% reduction. 

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1-17-14 

" 

\ 

J 302 

notify YRC Worldwide Inc. accordingly in writing. Such written notification of 

satisfaction shall not be unreasonably withheld. The Extension will be effective on the 

first day of the first payroll period commencing after the later of the date of ratification, 

the refinancing described in (b) and (c) above, and the written notification descn"bed in 

(d) above (the "Effective Date"). 

In Witness ofthe foregoing, the parties hereby acknowledge this Extension Agreement: 

By; 

Date: 2 /7/ 1'-} 

USF 

By: 

Date: ?1-,(,

'-J 

NewP i I t l ~ I I I • f

By: 

Date: 

Teamsters National Freight Indus 

Date: 

By: 

Date: 

-9-
303

RESTATED PARTICIPATION AGREEMENT 

BETWEEN 

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 701 

AND 

MID-JERSEY TRUCKING INDUSTRY AND TEAMSTERS LOCAL 701 

PENSION AND ANNUITY FUND 

THIS AGREEMENT made between the International Brotherhood of Teamsters, Local 

701 ("the Union") and the Mid-Jersey Trucking Industry and Teamsters Local 701 Pension and 

Annuity Fund ("Pension Fund") by its duly authorized representatives. 

WHEREAS, the Union wishes to have its full-time employees participate in the Pension 

Fund program ofbenefits; and 

WHEREAS, the Union and Pension Fund wish to adopt a written agreement to provide 

for participation ofits employees in the Pension Fund. 

NOW, THEREFORE, for and in consideration of the premises and mutual covenants 

herein contained, the Pension Fund and Union hereby agree, effective April 1, 2017, as follows: 

1. The Union agrees to remain or be bound by, and hereby assents to all of the terms 

and conditions of the Trust Agreement creating the Pension Fund and any rules and regulations 

adopted by the Trustees of the Pension Fund in administering the Pension Fund in accordance 

with the Trust and any regulations thereunder, and all of the actions of the Trustees of the 

Pension Fund in administering the Pension Fund in accordance with the Trust Agreement and 

rules adopted. 

2. The Union agrees to make contributions to the Pension Fund on behalfof all of its 

regular full-time employees, with full-time being defined by an employee's established regular 

work week requiring thirty (30) or more hours per week. The amount of such contribution 

required for pension contributions shall be set forth on April 1

st of each year, in the Local 701 

collective bargaining agreement with Southern Wine and Spirits of New Jersey, but that contract 

rate shall be increased by 13%, and to be submitted pursuant to the term and obligations of this 

Participation Agreement. 

4. The Trnstees of the Pension Fund shall be authorized to cause audits to be made 

of the payroll and wage records of the Union as they shall deem necessary to determine whether 

and to what extent the Union has made contributions specified herein and the Union agrees to 

comply with the provisions of the Trust Agreement of the Pension Fund and Pension Fund rules 
304 

relating to such audits. The Union agrees to cooperate in the petformance of such audits and 

shall pay any amounts determined to be due as a result of any such audit promptly upon demand. 

5. If the Union fails to make contributions when due, the Trustees of the Pension 

Fund shall have 1he right to take whatever steps are necessary to obtain such contributions, and 

the Pension Fund shall be liable for all costs of collecting the payments due together with 

attorneys' fees and such interest and other amounts as may be assessed by the Trustees of the 

Pension Fund. 

6. TI1e Pension Fund acknowledges recei_pt of and has read a copy of the Pension 

Fund's Agreement and Declaration ofTrust. 

7. The Union acknowledges that the Trustees may, in their sole discretion, terminate 

the participation ofthe Union employees at any time. 

IN WITNESS WHEREOF, the Pension Fund and the Union have caused this 

instrument to be executed by their duly authorized representatives. 

MID-JERSEY TRUCKING INTERNATIONAL BROTHERHOOD 

INDUSTRY AND TEAMSTERS OF TEAMSTERS, LOCAL 701 

LOCAL 701 PENSION FUND AND 

A ,u , 

B 

• ' ' • • .- II":. 

Date: s-.

~--]-_/_7 Date: _J-_·~c)_..?-_·"-_/_~-- _.------'--'---- --

B~ Z~~/:\ 

Employer Trustee 

Dated: . ) "~d-~b · _)so 'ti 

2 
.. 

305

RESTATED PARTICIPATION AGREEMENT BETWEEN 

MID-JERSEY TRUCKING INDUSTRY AND TEAMSTERS LOCAL 701 

WELFARE FUND AND MID-JERSEY TRUCKING INDUSTRY AND 

TEAMSTERS LOCAL 701 PENSION AND ANNUITY FUND 

THIS AGREEMENT made and entered into by and between the Mid-Jersey Trucking 

Industry and Teamsters Local 701 Pension and Annuity Fund ("Pension Fund') and the MidJersey Trucking Industry and Teamsters local 701 Welfare Fund (''.Welfare Fund"), by its duly · 

authorized representatives. 

WHEREAS, employees of the Welfare Fund have participated in the Pension Fund 

program of benefits; and 

WHEREAS, the Restated Trust Agreement of the Pension Fund at Article 1, Section 8(b) 

provides that Welfare Fund employees may continue to participate under the Trust provided 

that the Welfare Fund adopt a written agreement requiring that it make contributions to the 

· Pension Fund and _be accepted for participation by the Board of Trustees of the Pension Fund; 

and 

WHEREAS, the Welfare Fund wishes to adopt a written agreement to continue to 

provide for participation of certain of its employees in the Pension Fund. 

NOW, THEREFORE, for and In consideration of the promises and mutual covenants 

herein contained, the Pension Fund and Welfare Fund hereby agree as follows: 

1. The Welfare Fund agrees to remain or be bound by, and hereby assents to all of 

the terms.and conditions of the Trust Agreement creating the Pension Fund and any rules and 

regulations. adopted by the Trustees of the Pension Fund in administering the Pension Fund in 

accordance with the Trust and any regulations thereunder, and all of the actions of the Trustees 

ofthe Pension fund in administering the Pension Fund in accordance with the Trust Agreement 

and rules adopted. 

2. The Welfare Fund agrees to make contributions to the Pension Fund on behalf of 

all of Its regular full-time employees with full-time being defined by an employee's established 

regular workweek requiring thirty (30) or more hours per week. The amount of such . 

contribution required for pension contributions shall be set forth on April 1st of each year, in 

the local 701 collective bargaining agreement with Southern Wine and Spirits of New Jersey, 

but that contract rate shall be increased by 13%, and is to be submitted pursuant to the term 

and obligations of this Participation Agreement. 

3. The Trustees of the Pension Fund shall be authorized to cause audits to be made 

of the payroll and wage records of the Welfare Fund as they shall deem necessary to determine 

whether and to what extentthe Welfare Fund has made the contributions specified herein and 

the Welfare Fund agrees to comply with the provisions of the Trust Agreement of the Pension 

1 
306 ... · - · 

Fund and Pension Fund rules relating to such audits. The Welfare Fund agrees to cooperate in 

the performance of such audits and shall pay any amounts determined to be due as a result of 

any such audit promptly upon demand. 

4. If the Welfare Fund fails to make contributions when due, the Trustees of the 

Pension Fund shall have the right to take whatever steps are necessary to obtain such 

contributions, and the Welfare Fund shall be liable for all costs of collecting the payments, due 

together with attorney's fees and such interest and other amounts as may be assessed by the 

Trustees of the Pension Fund. 

IN WITNESS WHEREOF, the Welfare Fund has caused this instrument to be executed by 

their duly authorized representatives. 

MID-JERSEY TRUCKING INDUSTRY AND 

TEAMSTERS LOCAL 701 WELFARE FUND 

ACCEPTED: 

MID-JERSEY TRUCKING INDUSTRY AND 

TEAMSTERS LOCAL 701 PENSION FUND 

Dated: _yf-J.'ofu:=·~07.,:____ _ _ 

2