THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

(6) The Employer and Union understand and apree that the Fund contributions shall be (nade, as set forth herein,
on all employees doing bargaining unit work, iespective of whethur said employees are MWil-time, parttime, casual
or seasonal, except us is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule on any other rule or provision of this Participation Agreement,

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

Covered Group of Employees (Define) Devers

REHABILITATION
Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attaches)
Effective Saesie S408 — UPS Default
Effective osasta 0S ATe i” FREIGHT ~ National Schedule A
Effective Osi 14 Sano FREIGHT ~ Arca Schwdule B
Effective OS CONSTRUCTION Schedule C
Effective MUNICIPAL Schedule D
Effective OTHER Schedule E
Covered Employees: Bargaining D0 Noo-Bargaining

o ono yo onal! employees (rom the first the first day of employ 7’
Formula for ae Dann Coutsitnitions: Total aniles driven. in a tour OF duty Wided by 25 miles per hour
equals hours per trip_

(d) All such payments to be made lo the Fund are to be received by the Fund office on or before the tenth (70th)
aay of the month following the month in which said monies were acorved, except when otherwise ayreed by the
Fond, but not (0 exceed by the end of the same month due

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


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

i

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

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

(ities iii Bimbo Bakeries USA, Inc. Full-Time #9311

60 Month DB
(6.05 if Total

Contract Type: ([) UPS ( Freight-National Construction [] Municipal — [@) Other
Covered Employees: [@] Bargaining  ([) Non-Bargaining

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

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

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

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

3. The Fund may, at any time, audit the payroll records of any and ail employees of the Employer at a time mutually agreed
1
REV. 201407


ARH AT HO ONE chiding Iothe Eniptoyer. Inthe event il és fawnd hut lhe Employer has not fully complied with the Fund rules
aniVor provisions of this Participation Agreement, the Eanplayer shall pay the full cost oF the audit that thas beer muerforrmad by
the Fund, hy additive, the Employer shall be responsible as sct fork in this Participation Agreement and the Fund's rules
regilitions and/or owlbeclion pulicies.

4. The Ford shall be oper ia jrerticipation by any group of wenbers belonging te 3 parlelpeutys Uivior than filly eomptics with
all rides ail regaditions of the I'ned, tnuddition. the Employer may contribate to the Find for employees working outside the
Jurisdiction of the coflective bongainiig agreement i the amon indicated above, However. if these employees are included,
(he Employer aysees to nuke conributions on all employees in this category subject to the seme conditions and on te same
tricks is Is provided Int this Participation Apreerment, and the Employer alse agrees to continue to minke contribwions on all these
eoyplayees: for as long ay here shall be w coflective bormmining agreement between the Employer and the Union, subject to any
and all rules and regulations oF decisions covering (his group that are issued by te Fund. Tee Employer nyust request i writing:
wel teecive Wee approval Mon tie Prind in drier to lave these Hol-covered employees included. Such request musi
specificwly delive the category or cuktwories hywolwedt.

3. Should iy of the provisions of this Participation Agreement be dectired to be in violution af the Latior Mangement
Hekuhon® Act of 1947, as anended, on any other State of Federal statute or regulation. such declaration shall in mo way impair
the eflectiveness or continuity of the rest of ie provisions of this Panicipation Agieenient ond soch provisions are hereby
expressly dechired to be saved trom such illegality,

6. Paytients to The Front imiat be made by the Employer for all compensable sacation add holiday lime up to a amine of
come full calenchar yen,

7, Wan eniployce is urumed a leave of absence, the Employer shall collect trom said employee, prior 1 the leave of abserice
ely eflective, salfickent mumiies to poy the eequined comelbutions duciag the peried of absence amt such monies shall
thereafler he promptly fewarded to the Mund ie aocerdines with the rules of (he Mind, (nt the event the Employer gems a leave
anil toes Hot so comply. the Employer mist pay the comributions subject to all other requirements in paragraph 2 herein,

&. The Eoiployer aproes to furnish such filaniation as ay be wecessary to wnable the Fund to carry out Ts dutles.

¥, Wa reyuier employee is absent becuse of iliess ae off-tke-job injury and nutiiies the Employer of such absence, the
Ehiplayer shall continue i aimke (he required conteltiitions fora petiod of four (4) weeks. [fa reyalar cmiployce ts injured on
the job, (ihe Employer shall confine to pay the required commbations until such employee returns 10 work. However. such
cosiifilidions shall pul he pail (nen period of mire Mane weeks:

10. All actiows and proceedings commenced or inifiaied fy any cluimant, applicail, employee, participant, ile boast or hie
Enyployer, oF thei mucins. stteessory Or visits, dascilieit the Fund,.the Trustees thera! or any eriployer. service oI
represvermative or jem there!) aed all actions and proceedings commenced by or on bell’ of said Trustees aginst any
claiman. applicant. employes. participant the Union or the Eniptnyer pertaining to the Fund in any manner. shall be brouwht in
the appropriate court i) the Commy oF Onondaga, New York or other applicable iribunal located thervin except where otherwise
provided herein, In regan! to withdrawal Hiability arbitration proceedings. al such arbitrations shall be initined in the Boston,
Massichusetts reyionu) wilice af the American Arbitration Association and all hearings and related proceedings shalt be
conducted ti Symtise. New York. li regired tr fevterl distr cout wethins. all such actions shall be commenced and heard in
the United Sites District Court for the Northern District of New York The Fund shail mor be subject to any
grivvance/arbilration procedure set forth in any collective bargaining agreement. tt is specifically agreed that any action or
proceeding commenced or initiated jn any other jurisdiction or venue shall be transferred to the appropriate court pe tribunal
ppceified herein.

Vi. This Panicipmion Aureemem shill become effective as af the dae of execution hereof amet the payments provided
hereinabove shall be ball is eyes in trom an ater O7OV20I5 ang continue until expiration of (he collective barguining,

Sureement on | ossoro19 subject. however. to the discretion of the ‘Trustees. After expiration of the collective

hemusining agreemern, this Participaiion Agreement shall continue in full force and effect until a successor collective bargaliing

agrecrment is exccutet by Wie Employer and Union witless a) the Trustees sermilnite the participation of the Enyployer and

provid: Weiter notice of the daw of termination, b) the Employer wives the luni at least sixty (60) days advance written notice

by certified mil with reira receipt requested of Tts iment te terminate participalion because it ao Ieper fas au obligation to
» I

REV, 201407


upow at no extra charge io the Employer, tn the event ft bs found thut the Employer has not fully complied with the Fund rules
and/or provisions of this Participation Agreement, the Employer shall pay the fill cost of the muti that has been performed by
the Fund, In addition, the Employer shall be responsible us set forth in this Participation Awreement and the Fund's rules,
regulations and/or collection policies.

4. ‘The Fund shall be open to participation by any group of members belonging (6 a participating Union that (lly conplios with
all rules and regulations of the Fund, In addition, the Employer may contribute to the Fund for employees working outside the
jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included,
the Employer ayrees to make contributions on all employees In thts category subject to the same conditions and on the sane
basis as ix provided in this Participation Agreement, and the Employer also agrees to continus to make conisibutions en all (hese
employees for as long 2s there shall be a collective bargaining agreement besween the Employer and the Union, subject lo any
and all rules und regulations or decisions covering this group that are issued by the Fund, The Employer must request in writhing
and receive written approval from the Fund in order to have these non-covered employees lncluded. Such request mest
speci fiedly define the categury or categories involved,

5. Should any of the provisions of this Participation Ageeenwnt be declared tv be in violation of the Labor-Management
Relations Act of 1947, es amended, or any other Stale ar Federal stalule or ropilation, such declaration stall in ne way impair
bi Say nigpacbantronn ys: Pay hrel lw gaia Participation Agreement and such provisions are hereby
expressly declared to be from such illegality.

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

7. (fan employee is granted a leave of atisence, the Employer shall collect from sald employe, prior to the leave of abssnce
being effective, sufficiem monies to pay the required comributions during the period of abwcnce and such montes shall
thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. Inthe event the Employer grants 0 leave
and does not 80 comply, the Employer muat pay the contributions subject to all other requirements In paragraph 2 herein,

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

9. [fa regular employee is absent because of WMness or ofthe-job injury and notifies the Employer of such absence, the
Employer shall continue to make the required contribullans for a period of four (4) weeks. [fa regular employee is injured on
the Job, the Employer shall continue to pay the required codtributlons until such employee returns to work. However, suct
Contributlons stall not be paid for w period ef more than 52 __ weeks,

10. All actions and proceedings commenced or initiated by any claimant, applicant, loyee, participant, the Unitn dir the
Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider,
Fepresenitive or went thereof, and all wctions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employee, participant, the Union or the Employer pertaining to the Furst in any manner, shall be brought in
the appropriate court in the County of Onondaga, New York or other upplicable tribunal located therein except where otherwise

herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston,
Massuchusetts regional office of the American Arbitration Associution and all hearings and related proceedings shall be
conducted in Syracuse, New York. In regard to federal district court actions, all such actions shull be commenced and heard in
the United States District Court for the Northen: District of New York, ‘The Fund shall not be subject to eny

erlevance/arbitration procedure sci forth in any collective bargaining agreement It is specifically awreed that any nection or
proceeding commenced or initiated in any other jurisdiction or venue sital} be transferred (9 (he appropriute court or tribal
specified herein.

11, This Participation Agreement shall become effective as of the date af execution hereof ard the payments provided
hhereiqubove shall be payable from and after 7/2015 and continue until expiration of the collective bargsiininys
agement on [2/28/2017 subject, however, to the discretion of the Trustees. Afler expiniion of the collective
bargalning agreement, this Participation Agreement sitall continue in full force und effect until a successor collective bargaining,
agreement is exeonied by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notlce
by certified mail with retum receipt requested of its intent to terminate participation because it no longer hes an obligation to

z

REV, 201407


‘Trustees, whose decision shall be final and binding, In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all ils participating employees, at te Fund's sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified

herein.

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

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

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

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

7. Wan employes is granted a leave of absence, ke Eniployer shall collect from said employee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions during the penod of absence and such
monies shall thereafler be promptly forwarded to the Fund in accordance with the rules of the Fund, tn the event the
Employer grants a leave and does aut so comply, the Employer must pay the contributions subject to all other
requirements in paragraph 2 herein.

&. ‘The Employer agrees to furnish such information ay may he necessary to enable the Fund to carry out its duties.

9. Lf a regular employee is absent because of illtess or off-(he-job injury and notifies the Employer of such absence,
the Employer shall cominwe to wake the required contributions fora period of four (4) weeks, Ifa regular employee
Js iqjured on the job, the Employer shall continue to pay the required contributions until such employee returns lo
work, However, such contributions shall not be puid for a period of more than 52___ weeks,

10, All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successdis Or assigns, agains! the Fund, the Trustees thereal or any employee,
service provider, representative or agent (hereof, and af] actions and proceedings commenced by or on behalf of said
‘Trustees avainst ony claintant, applicant, employee, participant, the Union or the Employer pertaining to the Fund it
any nraneer, shall be brought jn the appropriate court in the County of Onondaga, New York of other applicable
tribunal located therein except where otherwise provided herein, In regard to withtrawal liability arbitration
proceedings. all such arbitrations shall be imitiated in the Boston, Messachusctts regional office of the American

2


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

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

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

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

Covered Group of Employees (Define) Bonded South #8037
60 Month 0 Month DB
Rehabilitation Death (3.05 if Total

Schedule Henefit_ | Rates of Contribution: Hourly elected) Hourly Weekly
Default Yes Effective steven 26 258 10240
Schedule A No Liffvctive ronan zn 2 y0880
Schedule 13 Effective srowow 28 2 19520
Schedule C Effective
Schedule D Effective
Schedule l s Effective
Schedule G Effective
Contract Type: Cues (2 Freizin-Nationat (©) Construction [) Municipal 0 Other

Covered Employees: [lf] Bargaining — (F) Non-Bargaining

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

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

{d) All stich payntents to be made to the Fund are to be reecived by the Fund office on or before the tenth (10th) day of the
month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to excced
hy the ead of the same month due.

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

3. The Fund may, at any time. audit the payroll records of any and all employces of the Employer at a time mutually agreed
i
REV. 201407


delinquent amount to the Fund, After said payment, the Employer may appeal the Fund's decision to the Board of
Trustees, whose decision shall be final and binding. In the event of failwe of the Employer fo comply with any of
the niles of the Fund, the Employer aud all its participating employees, at the Fund's sole discretion, shall ceaye to
participate in the Fund, and the Employer shal! be respousible for all the benefits aud all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of nny and all employees of the Fxnployet at a tine mutually
agreed upon at no extra charge to the Employer. In the event it is ford that the Employer has sot fully complied
with the Fund miles and/or provisions of this Participation Agreement, the Employer sball pay the fill cost of the
adit that bas been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Funds rules, regulations and/or collection policies.

4. The Pund shall be open to participation by any group of members belonging (a a participating Union thnt filly
complies with all rules and regulations of the Fund. In addition, the Employer mmy contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining sgreement in (he amount indicated above,
However, if these employees are incladed, the Employer agrees to ainke contriluvions on all employees in this
category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrees (> confinwe fo make contributiows on all these employees for ux long as there shall be a
collective bargaining agreement betwees the Employer and the Union, subject fo any and all miles and regulations or
decisions covering this group that me issued by the Pund. The Employer ymst request in writing and receive written
approval fiom the Frmd in order to have these pon-covered employees included. Such request must specifically
define the category or categories involved.

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

6. Paymonts to the Fund must be made by the Exployer for all compensable vacation aud holiday time up to a
maximum of one full caleudar year.

7. Ifan employee is granted a leave of absence, tle Employer shall collect from said employee, prior to the leave of
abaence being effective, sufficient monies to pay the required contributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund in accordance with (he mules of the Pund, In the event the
Employer grants a Jexve and does vot so comply. the Employer must pay the contibutions subject to all other
requirements in paragraph 2 herein.

B, The Employer agrees to famnish such information as may be necessary (o enable the Fund to carry out its daties.

9, Ifa regular employee is absent becsuse of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for » period of four (4) weeks. If a regular muployee
is injured on the jot, the Employer shall continue to pry tle required contributions tmitil such employes returns to
work However, such contributions shall not bs paid fora period of more than #2 __ weeks.

10, All actions and proceedings conimenoed ar intitinted by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigas, against (he Fond, the Trustees thereof or any employee,
service provider, representative or agent thereof, aud all actions and proceedings connmeuced by or on half of said
Trustees agniast avy claimant, applicant, employee, participant, (he Union or the Exployer pertaining to the Fund ia
any manner, shal) be brought im the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therem except where otherwise provided herem, In regard to withdrawal [ability arbitration

2


Oy

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

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

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

Bimbo Bakeries USA, Inc. Part-Time

Covered Group of Employees (Define)
60 Month 60 Month DB
Rehabilitation Death ($.05 if Total
Schedule Benefit___| Rates of Contribution: Hourly elected) Hourly Weekly
Default Yes =| Effective «ws s “4s 14.00
Schedule A No Effective
Schedule B Effective
Schedule C Effective
Schedule D [4 Effective
Schedule E Effective
ScheduleG [] Effective
Contract Type:  (] UPS (2 Freight-National (Construction () Municipal —[&] Other

Covered Employees: [®) Bargaining © ([) Non-Bargaining

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

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

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

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

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually agreed
1
REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. fa) This Participation Agreemem, executed by the undersigned Teamsters Local Union (hereinafter Union”) and Employer,
is the basis for participation in the New York State Teamsters Conference Penshon & Retirernent Find (hereinafter “Fund,
The Exper, its ens employees, und Ihe Union, ws a condition of participation in this Fund. are bound by this

the Trist Agreement, Plan documents anit all of the niles and regulations of the Fund pow and/or
hereafter pen by the Board of Trustees:

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

(c) The Employer agrees to contribute as follows, not toexcteed the nsaxinam:
Warehousemen, Fork Lift Operators, New Hires after 3/1/2013

Covered Group of Employees (Define)
6) Month 60 Month DB
Rehabilitation Death (S.05 if “Poial

Schedule Benefit Rates of Caninbutiem= Jlourly elected) Hourly Weekly
Default Yes a Effective ans a 43800
Schedule A No Effective saa sat jee
Schedule B Effective
Schedule C Effeetive
Seledule D Effective
Schedule £ B Effective
Schedule G Effective
Contract Type: = [] UPS 1 Freight-Watiomt OConstriction [) Municipal —[l] Oulier

Covered Eniployers: [) Bargaining (©) Now-Bargaining

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

Formula for Road Drivers Contributions: Total iniles driven in a jour of duty divided by 25 miles per Nour equals hours
per trips

(d) All such payments to be made to the Fund are to be recejved by the Fund office on or before the tenth (10th) day af the
month following the month in which said monies were acerved, except when otherwise agseed by the Fund, bul not to exceed
by the end of the same month due,

2. Failure on the part of the Employer to timely contnbute on any of its employees as specified herein shall make the Employer
Ijable for all employce benefit claims which are incurred during the period of delinquency, damages, reimbiusement to the Fund
for the Fund's attorneys’ fees, auditors’ fees, court costs, dishurseimenis and expenses incurred! by the Fund in recovering the
above, In addition, the Employer must pay all anears due the Fund together with liquidated damages in the sum of ten percent
(10%) of the delinquent amount, The late payment of any delinquency by the Employer shall not in any way relieve it from the
obligations set forth above, In addition, whem the Employer is notified in writing by the Fund that it is delinquent, the
Employer must immediately pay the delinquent amount to the Fund, Alter said payment, the Employer may appeal the Fund's
decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply
with any of the nules of the Fund, the Employer and all [ts participating employees, at the Fund's sole discretion, shall cense to
Participate in (he Fund, and the Employer shall be responsible foe all the benefits and all other charges specified herein

3. The Fund may, at any time, audit the payroll recerds of any and all employees of the Employer af a lime muilually dereed
i]
REV, 201407


5358

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

Effective date of collective bargaining agreement: prii2ois

Expiration date of collective bargaining, agreement: fereereo17

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

13, This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written, As such, this Participation Agreement may not be
modified except by a writing signed by all parties, Further, 10 the extent there exists any conflict between any provisions of this
Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control.

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

LOCAL UNIONH 264 EMPLOYER: Senin

ADDRESS: 35 Tyrol Drive ADDRESS; 2769 Broadway
Cheektowaga, NY eeuuaes Me 1 -
= eRedacted by the U.S.

Teh ae ee
SIGNATURE: [Bee taataiaem us SIGNATURE: partment of the Treasury

PRINT NAME: Rober Bonilla PRINT NAME: Robert H. Sennett
PRINT TITLE: Businass Agent PRINT TITLE: President
DATE; Bf pf 2015 =, DATE: 2/13/7727 _

NEW YORK STATE TEAMSTERS,CONFPRENCE PENSION AND RETIREMENT FUND
151 NORTHERN CONS iar states 212
pean il BE, NEW YORK 13221-4928

DATE: i

MAILING ADDRESS: Department of the Treasury

SIGNATURE:

REY. 201407


584

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

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 07/1/18 and expire on 6/0/18 This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement TMS

Expiration date of collective bargaining agreement 6/30/18

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

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

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

LOCAL UNION# 294 EMPLOYER: Bonded Concrete, Inc.
ADDRESS: 890 Third Street ADDRESS: PO Box 189
Albany, NY 12206 Watervliet, NY 12189

Redacted by the U.S. Department
SIGNATURE: (@@UGRICERTY

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

PRINT NAME: Joh e ulgaro PRINT NAME: Thomas Clemente

PRINT TITLE: President & PEO PRINT TITLE: President
DATE; DWws = DATE:
NEW YORK STATIQCER US SS ENSION AND RETIREMENT FUND

ithe Treasury 212

KE, NEW YORK 13221- 492:
+ r a
DATE: P )

151 NORTHERN Ci

REV. 1/2012


ais

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

Effective date of collective bargaining agreement: pn (2015

Expiration date of collective bargaining agreement: piesreor

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the Union are
signatory 10 a current Participation Agreement.

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

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

LOCAL UNION# 264 EMPLOYER: Bena
ADDRESS: 38 Tyrol Drive ADDRESS: 2789 Broadway
Cheestowaga, NY 14227 Cheektowaga. NY 14227
Redacted by the U.S i
EI MMe. cemem Department of the Treasury SIGNATURE: iE S- Department of
PRINT NAME;Rovert Bonilla PRINT NAME; Robert H, Bennett
PRINT TITLE:Business Agent PRINT TITLE: President

DATE:_202/ Zo1s~ DATE: 244 /1—

Redacted by the U.S.
Department of the Treasu

NEW YORK STATE TR
151 NORTHERN C
MAILING ADDRESS:

PENSION AND RETIREMENT FUND
3212
ISE, NEW YORK 13221-4928

SIGNATURE:_ DATE:

ws

REV, 201407


$021

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

o7/012016

Joas02019

Effectiv ¢ of collective hargaining agreement:

Expiration date of collective bargaining cement:

12. The Employer and its employees shall not be evtithed to participate in this Fund unless the Employer and the Union are
signatory 1a current Pay palion Agroviment,

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

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

LOCAL UNIONH 294 EMPLOYER, Bonded South

ADDRESS; 890 Thins Siecet Z)  nvpress; Box 45 County Route 31

— -—
Redacted by the U.S. Department of the ted ne Ue Derarinentor
SIGNATURE SIGNATURE: Wa

PRINT NAME: Chugh Greengipic PRINT NAMI

::Thomas Clemente
PRINT TIT oe PRINT TITLE: President

DAT of l ff g

NEW YORK ST eens irae geirseeeetcertiNSION AND RETIREMENT FUND
151 NORTHER 12
MAILING ADDI E.NEW YORK 13221-4928

SIGNATURE: DA

REV. 201407


01-15-14;09: 15AM; ; #u 4

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT
1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union” and
Employer, is the basis for participation in the New York State Teamstert Conference Pension & Retirement Fund
(hereinafter “Fund"), The Employer, its participating em and tho Union, as a condition of participation in

this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
hereafter adopted.

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

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

Covered Group of Employees (Define) 2079 semnetoreimertsan, ne

Contract Type:  [[) UPS  Freight-National Ci Construction [] Municipal fl] Other
Covered Employees: [i] Bargaining (D Non-Bargaining

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

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

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

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

_


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

Effective date of collective bargaining agreement: hit 2g =
Expiration date of collective bargaining agreement (4/13/19

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

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

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

LOCAL UNION#® 317 EMPLOYER: Sémbo Sakerias USA, Inc
ADDRESS; 41 Howard Ave ADDRESS: 255 Business Center Drive Ste 200

Binghamisn, NY 13904 Horsham, PA 19044

Redacted by the U.S.

SIGNATURE;, SIS] REL Le epartment of the Treasury
PRINT NAME; Robert Firmston PRINT NAME:Rodney Motarchik 000
PRINT TITLE:Businoss Agont PRINT TITLE; Director of Labor
DATE: DATE: be fa Jig

NEW YORK STATE TEAMSTE 4 E PENSION AND RETIREMENT FUND
151 NORTHERN CONC Guar) by the U.S. fae

MAILING ADDRESS: Department of the SE, NEW YORK 13221- 4
SIGNATURE: y DATE; yy, laf Oi]
EXECUTIVE ADMINISTRATOR.

REV, 201407


upon et no exire charge to the Employer, {nthe event it by found that the Employer has not fully conyplied with the Fund rules
and/or provisions of this Participation Agreement, Use Employer shall pay the full cost of the audit (hat has been performed by
the Fund, In addition, the Employer shall be responsible ss set forth in this Participation Agreement and the Fund's rules,
regulations and/or collection policies.

4, The Fund shall be open to participation by any group of members belonging to « participating Union that fully complies with
all cules and regulations of the Fund. In addition, the Employer may to the Fund for employees working oulside the
Jurisdiction of the collective bargaining agreement in the amount indicated above. However, If these employers are inchuied,
the Employer agrees to make contributions on all employces in this category subject to the same conditions and On the sume
basis as is provided in this Participation Agreement, and the Eroployer also agrees to continua to make contributions on all these
employees for ns long as there shall be 2 collective bargaining agreement between the Employer and the Union, subject to any
end all rules and regulations or devisions covering this group that are issued by the Fund. The Employer must request in writing
and receive written approval from the Fund in order i have these nun-covered employees inched. Such request pust
Spesifically define the calegory or categorirs Involved.

5, Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management
Reintiows Act of 1947, m3 amended, or any other State or Federal statute or reguiation, such declaration shall tayo way impair
the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby
expressly deelered to be saved from such illegality.

6, Payments fo the Pund must te made by the Employer for all compensable vacation and holiday time up to 4 maximum of
‘one full calendar year,

7. Ian employee is granted a leave of absence, the Employer sirall collect from said employee, prior (o the leave of absence
being effective, sufflciert monies 10 pay the required contributions during the period of absence and such monies shull
thereafter be promptly Turwarded to the Fund in accordance with the rules of the Fund. (nthe event the Employer gravis ¢ leave
and docs not so. comply, the Eerplayer must pay the contributions subject to all other requirements in paragraph 2 herein.

4, The Employer agrees to furnish: such information as may be necessary to enable the Fund to carry out its duties,

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

10. Al} actions and proceedings commertced of initiated by any claimant, applicartt, employee, perticipant, the Union or the
Eniployer, or their ayents, successors or nssigns, againet the Pund, the Trustees thereof or any employee, service provider,

ive of agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employee, participant, the Unjon oc the Emplayer pertmining to the Fund in any manner, shall be brought in
the appropriate court In the County of Onondaga, New York or other applicable tribunal located therein excep! where otherwise
provided herein. In regard to withdrawal liability arbitration proceedings, all suck arbitrations shal! be initiated in the Boston,
Massachusetts regional office of the Anverican Arbitration Association and all hearings and related proceedings shall be
sooducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in
the United States Dierict Court for the Northern, District of New York. The Fund sitll not be subject to any
Bflevance/arbilration procedure set forth in any collective bergainfug agreement, ft {s specifically agreed thet any vetlen or
proceeding commenced of initiated in any other jurisdiction or Venue shall be transferred to the appropdate court or tribune)
specified herein,

tl. This Participation Agreement shall become jive as of the dale of execution hereof and the payments provided
freretcahove shall fe payable from ond after AS and caning vet explain cf te colletive banging
frais

greement on subject, however, to the discretion of the Trustees. After expiration of the collective
bargaining agreement, this Participation Agreement shall comtiswe in ful) fares and effect until 2 successor collective bargaining
Agreement ts exectted by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice
by certified mail with return recepa requested af its (nfent to terminate participesion because fi no longer has an obligation to

2

REV, 201407


upon al no extra churge to the Employer. tn the event it bs found that the Uimployer hus not fully complied with the Mund rules
amor provisions of this Participation Agreement, the Employer shall pay the full cost of the suxtit that has been performed by
the Fund. fy addition, the Employer shull be responsible as set forth in this Participation Aureement and the Fund's rules,
regulations and/or collection policies.

4, The Fund shall be open to participetion by any group of menibers belonging to a participsing Union that filly complies with
all néles and regulations of the Fund. In addition, the Employer may contribwle to the Fund for employees working outside the
jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included,
the Employer agrees (o make contributions on all employces in this category subject to the sume conditions and on the same
basis as is provided in this Participation Agreement, and ihe Employer dls agrees fo continue to make contributions on alll these
employees for as long as there shall be a collective bargaining agreement between the Employer wnd the Union, subject 1 any
and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing
and receive written approval from the Fund in order to have these non-covered employees incladed. Such request must
specifically define the category or categories involved.

5, Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management
Relations Act of 1947, as amended, or any other Stare or Federal stanne of regulatinn, such declaration sieall (er wo way inpair
the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby
expressly declared to be saved from such iegality.

@ Payments to the Pund must be made by the Employer for all compensable vacation and holiday time op to a maximum of
ome full calendar year

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

8. The Employer agrees to furnish such information. as may be necessury to enable the Fund.so curry cnt its duties.

9, Ifa regular employee is absent because of iness of off-the-job Injury and notifies the Employer of such absence, the
Employer shall continue 10 make the required contributions for a period of four (4) weeks. If a regular employer js injured on
the job, the Employer shall continue io pay the required contribulions until such employee retermns te work, However, suct
contributions shall not be paid fora period of marethan _§2 _ weeks:

10. All actions and proceedings commericed or initiated by any claimant, applicanl, employee, participant, tht Union or the
Employer, or their agents, successors or ussizns, against the Fund, te Vrtstees thereof or any employes. service provider,
representative of agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employee, punicipant, te Uriioa or the Employer peraining to the Fund in any otanmner, shail be brought In
the appropriate court In the County of Onondaga, New York or other applicable tribunal located therein except whiere otherwise
provided herein. In regard to withdrawal liabillly arbitration proceedings, all such arbitrations stall he initiated in the Boston,
Massachusetts regional office of the American Arbitration Asocistion and all hearings and related proceedings shall be
conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in
the United States District Court for tho Northern District of New York. The Fund shall not be subject to any
grievance/arbitration procedure set forth in any collective bargnining agreement. It is specifically agreed that any action or
proceeding commenced or initiated in any other jurisdiction of venue shall be transferred to the appropriate court of (ribunal
specified herein.

11. This Participation Agreemertt shall become effective as of the dite of execution hereuf and the payments provided
far7201s anit contine until expinutlon of the collective bargaining

hereinabove shall be payable from snd after | ——a( i ini
agreement on [2aereoi7 subject, however, 19 the discretion of the Trusiees. Afier expiration of the collective

bargaining agreement, this Participation Agreement shal! continue in full force and effect until @ successor collective bargaining
agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
wrilter notice of the date of termination, b) the Employer gives the Pund al (east sixty (60) days advance written notice
certified mail with return receipt requested of its intent 10 Lerminate parilelpallon because lt na longer has an obligation to

2

REV, 201407


416s

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

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after ow2s5/2 and expire on 0924/15 -This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement, A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 09/25/12

Expiration date of collective bargaining agreement 09/24/15

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

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

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

LOCAL UNION# 294 EMPLOYER: Bonded North, Corp.

ADDRESS 890 Third Street Appress: P.O. Box 189

SIGNATURE:

PRINT NAME; 10m Clemente

PRINT NAME;
PRINT TITLE: President & PEO

DATE: &lalis

. so pRINT TITLE:_foeu zest —_
DATE: S| 3of 13

= fee edacted by the U.S. a -
NEW YORK STATE Tip eet g0ea eoeet@mee ENSION AND RETIREMENT FUND

15] NORTHERN CON 3212

MAILING ADDRESS: JEW YORK 13221-4928

O/7/12

SIGNATURE: DATE:

EXECUT|

REV. 5/2010


THE NEW VORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

|. (8) This Participation Agreement, executes! by the undersigned ‘Teamsters Local Union (hereinafier Union”) and Employer,
is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereimafler “Fund"),
The Employer, its participating employees, and the Union. as 4 condition of participation in this Fumd, ure bound by this
Participation Agreement, the Trust Agreement, Plan documents and ull of the cules and regulations of the Fund teow and/or
hereafter adopted by the Board of Trustees.

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as sct forth herein. on all
employees doing bargaining «nit work, irrespective of whether said employees arc fulltime, parttime. casual or seasonal,
exvept as is ofherwise provided herein, No agreement between the Employer and the Unioneshall alter this site or any ollver
rule of provision of this Participation Agreement

(c) The Employer agrees to contribute as follows, not to excer! the maximum:
Warehousemen, Fork Lift Operators

Covered Group of Employees (Define)
6) Month 60 Month DB
Rehabilitation Death (5.05 if Tort

Schedule Benefit Runtes of Contribution: Hourly elected) Mourly Weekly
Default Yes Effective 21205 as 13800
Schedule A No Effective sve ase 185.06
Schedule 8 Effective
Schedule C Effective
Schedule D Effective
Schedule E Effective
Schedule G Effective
Contract Types; = DQ) Urs (1 Freight-Nutional (Consiruction —[F] Municipal Onher

Covered Employees: [] Bargaining — _C] Non-Baryainin:

Corttributions begin on all employees from the first hour of the first day of enyployment.

Formwla far Road Drivers Contributions: Talal miles driven in a lour of dity divided by 25 iniles per hot equals hours
per trip,

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

2, Fuiture on the purt of the Employer to timely contribule on any of its employees as specified herein shall make the Employer
liable for all employee benefit claims whick are incurred during the period of delinquency, damages, reimbursement to the Pund
for the Fund's attorneys’ fees, auditors’ fees, court costs, disbursements and expenses incurred by the Fund in recovering the
above, In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent
(10%) of the delinquent amount, The late payment of any delinquency by the Employer shal! not in any way relieve i from the
obligations set forth above, iy addition, when the Employer is notified in writing by the Fund that It is delinquent. the
Employer must immediately pay the delinquent amount to the Fund, Afler said payment, the Employer may appeal the Fund's
decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply
with any oF the niles of the Fund, the Employer and all ils participating employees, at the Mund's sole discretion, shall cease to
participate in the Fund, and the Employer stall he responsibte for all the benefits and all other charges specified herein,

2. The Fund may, at any time, audit the payroll records of any end all employees of the Employer at w time mutually agreed.
1
REV, 201407


Upon af na extra charge to the Employer. in the event it is found that the Employer hus nut fully complied with the Fund rules
tea Foss ta GAbce. he Eoedeye dd te cchpeaie aa Sxl fh Paselpalen Aprece eas ce heen
the Fund, {n addition, the Employer shall be responsible ws set forth in this Participation Agreement and the Fund's rules,
regulations énd/or collection palicies,

4. The Fund shall be npes in participation by any group of memhers belonging to s participating Union that fully complies with
all rules and regulations of the Fund. In addition, the Employer may contribute to the Pund for employees working outside the
Jurisdiction of the collective bargsining agreement (p the amount indicated ahove, However, if these employees are included,
the Employer agrees to make contritutions on all employees in this category subject to the tame conditions and on the same
basis as is provided in this Participation Agreement, ind the Employer also agroes to continue to make contributions on all these
employees for as long as there stall be a collective bargaining agreement between the Employer and the Union, subject to any
and al! rules and regulations or deeisions covering this group thut mre issued by the Fund, The Employer must request in writing
and receive wrilten approval from the Fund in order to have these numecovered employees included. Such request must
specifically define the category or categories involved.

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

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

7. Wan employee ls granted a leave of absence, the Employer shall collect from said employes, poor ta (he leave of absence
baling effective, sufficient monies to pay the required contributions during the period of absence and such monkes shell
iheresfer be promptly forwarded io the Fund in accordance with the rules of the Fund. In the event the Employer grants 5 leave
and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein.

& The Employer agrees to fiienish such information as may be necessary to enable the Pund to carry out its duties.

9. if a regular employee is absent becoise of iliness or off-thejob injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions for 4 period of four (4) weeks. If a regular employee is injured on
OE IER Wie Kielce Sh Comets By Ne bed eee ass A Sie nenetayes alee #0 AR, HOTT, such
contributions shall not be paid for a period of mare than +

10, All eetions and procendings commenced or initiated by any claimant, applicant, employe, participant, the Union or the
Employer, or their agents, successom or assigns, against the Fund, the Trustees thereuf of any employee, service provider,
represemative or agent thereof, end all actions and proceedings commenced by or on behalf of said Trustees against eny
claimant, appticant, employee, participant, the Union of the Eryployer pertaining to the Fund in eny manner, shall be brought in
the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise
provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initisted in the Boston,
Messachusers regional office of the American Arbitration Association and al! hearings and related proceedings shall be
conducted in Syracise, New Vork. In regard to federal district court actions, all such actions shall be commenced and heard In
the United Stutes District Court for the Nontiern Diswict of New York. ‘The Fund shall mot be subject to any
grievance/ashitration procedure 54 fortl: in any collective bargaining egreement. It is specifically agreed that any action or
epenedind pment ar Sets me. ees Lette cw Sl es kaneare 0, eopmops ale Bow Ox ha
specifi nm

(1. This Participation Agreement shall become effective as of the date of execution hereof end the payments provided

hereinabove shall be payable from and afer [04/08/2015 _and continue until expiration of the collective bargaining

on [2407/2019 __sutect, however, to the diseretion of the Trustees. After expiration of the collective
bargaining agreement, this Participation Agreement shall continue In full force and effect until a successor collective bargaining
agreement 18 executed hy the Employer and Linion unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice
by certified mail with return receipt requested of its intent to terminate participation because it no longer hes an obligation to

2

REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATION

1, (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union") and
Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirenmat Find
(bereinafter "Fand"), The Employer, ifs participating employees, and the Union, ax a condition of participation in
this Fund, are bound by this Participation Agreement and all of the niles and regulations of the Fuad now and/or
hereafter adopted.

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

(c) The Employer agrees to contribute as follows, nol to exceed the mimcimum;

Covered Group of Employees (Define) Stee

Contract Type: = [] UPS (D Preight-National Construction [|] Municipal  [—) Other
Covered Employees: [ll] Bargaining (2 Non-Bargaining

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

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

(@ All such payments to be made to the Fand are to be received by the Fund office on or before fhe tently (10th)
day of the month following the month in Which said monies were oceried, excep! when olherwise agreed by the
Fund, but not to exceed by the end of the came month due,

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


01-15-14; 08: 15AM; 4/

‘D01s

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

11, ‘This Participation Agreement shall become effective as of the date of execution hareof and the payments above
provided shall be payable from and after 1022013__ and expire on JNV2016_ This agecement shall continue in full
force and effece for the same term ns the collective bargaining agreement, A new Participation Agreement mutt bo
signed and submmiued for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 10/2/2013

Expiration date of collective bargaining agreement 19/4/2018

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

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

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

LOCAL UNION# 378 : EMPLOYER, Battenfeld-American, Ino.

ADDRESS; 656 Englewood Avenue appress; 1575 Clinton Street

Buffalo, NY 14206
Redacted by the U.S. Department of
asthe Treasury

[ fe mantra Jahw A- BetlAn * Tr7
PRINT TITLE: Secretary-Treasurer/BA PRINT TITLE. Avex _ofaering of tiel

DATE; gh (0fiZ DATE_ £04

Redacted by the U.S. Department of

GNA’

NEW YORK STATE TEAMSTERS GONFERBNCE PENSION AND RETIREMENT FUND
15] NORTHERN CONCOURSE, SYRACUSE, NY 13212

MAILING ADDRESS: RSeeeeasyiaiiaie. NEW YORK 13221-4928,
Department of the Treasury (8) 1
SIGNATURE: DATE:
EXECU’

REV. 11/2012


01-1645 08) 1AM; : ¢ 3

3. The Fund may, at any tine, audit tito payrol) records of any and all employees of the Empl
upon at no extra chergs to the Employer. In the event it le found that the Employer has nos fully complied

be open to participation by any group of members belonging to # participating Unian thar fully
compiles with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement In the amount indioued above.
However, if these employees are included, the Employer agrees to make conclibutions on al! empiovees in this
category subject to the sume conditions and on the same besis es ly provided in chia Parclolpation Agreement, and the
i on all these employees for as Jong ax thers shall be o
and the Union, subject to any and all rules and regulations or
‘The Employer must requert in writing and receive written
order to hnve these non-covered employees inoluded, Such request must specifically
the categary or categories Involved,

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labar-
Management Relations Act of 1947, as amended, or any cther State er Federal stutute or regulation, zuch destarstion
stall in no way impair the effectiveness or continuity of the rest of the provisions of thle Participation Agreement and
such provisions are horeby expressly declared to be saved from such illegality,

6. Payments to the Fund must be mode by the Employer for all eaguraabla ‘tacetion exit holiday tion tap to 8
maximum of one full calendar year,

7. Ian employce ls granted a leave of absence, the Employer shall collect from suid emp! prior te the leave of
ebsence being effective, sufficient monies to pay the required contributions during the ‘of absence and such
monies shal] thereafter be promptly forwarded to the Pund in accordance with the rules of the Fund, In the event the
Emplayer grants ¢ leave and does not so comply, the Employer must pay the contritutions subject te all other
requirements in paragruph 2 herein.

:
‘
;
I
z

8. The Ermployer agrees to furnish guch (nfianmaion os may be necessary to enable the Fund to carry out its duties.

9. fifa regular employee is absent because of ilineas or off-the-job injury and notifies the Employer of such abeance,

the Employer shuil continue to make the required contributions for a perind of four (4) weeks, Ifo regular euployer

is injured on the Job, the Employer shall continue to pay the required contributions until such employee retume to
However, such contributions shell nor be prid for a period of more than S2__-weebs,

10. All sections and proceedings commenced or Initinted by any claimant, applicant, employee, participant, the Union

Sei Seeieeeh Os spin, pencicenl of wien, Sees Os Vite, Ov Tindns Seed ity wepiares
; peer Creme on pe og pag ee serena ca ledey

Tromees ¢ Partivipent, fod OF to

aly manner, shall dponaht Sos epprutrten car bi the Conmny of Oaantaget Howe Yosh or thar pplicate

2


FW: Bimbo Bakeries - Pension

FW: Bimbo Bakeries - Pension
Ken Stilwell

Sent: Friday, December 11, 2015 3:43 PM
To: Lesley DeBuque

Lesley - just an FYI,

From: Jeff Heller

Sent: Friday, December 11, 2015 3:42 PM
To: rmalarchik@bbumail.com

Ce: Ken Stilwell

Subject: Bimbo Bakeries - Pension

Mr. Malarchik:

* So14

Page | of 2

Following up on your conversation with Ken, I've calculated the minimum required pension rates for this contract
to maintain participation in Schedule C of the Fund's Rehabilitation Plan from the last rate on file in 2012 through

2019 as follows:

faya/20u1 03700 650931

layay2012 0.3941 6.50% 24]
4/8/2013 0.4206 6.75% 42.
/a/2014 04490 6.754 U5
4/8/2015 oa7sa 6.758
4/s/2016 osi7 6.759] B!
A/8/2017 0s462 6.759] 97
hy/e/2018 05831 675 9%
hyya/2019 06225 6.759 GO
Any questions, just let me know.

Happy Holidays!

Jett

https://exchange.nytfund.org/owa/?ac=ltem&t=1PM.Note&id=RegAAAADIs7sdV¥ W%2tn...

1/29/2016


9431

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

Effective date of collective bargaining agreement: P4/12/2015

Expiration date of collective bargaining egreement: josrrsrzor9

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

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

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their signatures below.
LOCAL UNIONS 317 EMPLOYER: Bimbo Bakeries USA, Inc.

ADDRESS; 41 Howard Avo ADDRESS: 155 Business Center Drive Ste 200
Horsham, PA 19044

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

he U.S Department of

SIGNATUREW Treasury

PRINT NAME: Robert Firmstone PRINT NAME: Rodney Malorchik
PRINT TITLE Business Agent PRINT TITLE: Director of Labor
pate “/2-/7 5 DATE:

7

NEW YORK STATE TERGRERC EAU ICES ENSION AND RETIREMENT FUND
ISt NORTHERN CONCBE uur te guts 3212
MAILING ADDRESS: UES SE, NEW YORK 13221-4928

2,

rad
DATE:

REV. 201407