wpon at Ho exta charge to the Employer. li the event itis found that the Employer bas not fully complied with the Fund miles
and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that hus been perlonmed by:
the Fund. [o addition, the Employer shull be responsible as set forth in this Participation Agreement and the Fund's rules,
reyulations and/or collection policies.

4. The Fund shall be open to participation by any group of members belonging to a purticipating Union that fully complies with
all rules und regulations of the Fund. ty addition, the Employer may contribute 10 the Pund for employees working oulside the
jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included,
ihe Employer egrees lo make contributions on all employees in this category subject fo Lhe same conditions and on the Sime
basis as is provided in this Participating Agreement, and the Employer also agrees to continue Lo make contelbulions on all these
employees for as long as there shall bé a collective bargaining agreement between the Enployer and the Union, subject to any

all rules and regulutions or decisions covering this group that are issued by the Fund. ‘The Employer must request in writing
ond receive written dpproval from te Fund in onder to have these non-covered employees included, Such request must
specifically define the category of categories involved

5. Should any of the provisions of this Participation Ayreement be deciared 16 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 inno way impair
the effcottvencss or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby
expressly declared 10 be saved from such (Hepality,

6. Payments to the Fund must be made by the Employer for all compensable vacation amt holiday tine up 10.2 maximum of
ane full calendar year.

7. fan employee is granted a leave of absence, the Employer shall collect from said employee, prior to tlte leave of absence
being effective, sufficient monies 10 pay the required contributions during the period of absence and such monies. stall
thereafler be promptly Tonwarded to the Fund! in accordance with the rules of the Fund. [nthe event the Employer gramsa leave
and does nat so comply, the Employer must pay the contributions subject wo all other requirements in paragraph 2 herein,

8. ‘The Employer agrees 1 furnish suet information 25 may be necessary toenable the Fund to carry oul its duties:

9. Ifa regular employee is absent because of iliness or ofF-the-job injury und notifies the Employer af such dbsence, the
Eiployer shall continue to make the required contribulions fora periad of four (4) weeks, Ia regular einployee is Injured on
the job, the Employer shall continue to pay the required contriboions until such employee retums so work, However, sucli
contobutions stall not be paid for a period of more than 52___ weeks:

10. All actions dnd proceedings commenced or initisied by sny claimant, applicant, employee, participant, the Union or the
Employer. or their agents, successors or assijses, against the Fund, the Trustees thereof or any employee, service provider,
representalve or agent thereof, end all actions amd proceedings commenced by or on behalf of said ‘Trusives against any
claimant, applicant, employee, participam, the Union or te Employer pecuaining to the Funct in any manner, shall be brougtl in
the appropriate court in the Comnty of Onondaga, New ‘York of other applicable tribanst! located thereit except where otherwise:
provided hereliy, [y regard 10 withdrawal lability arbitration proevedings, all such arbitrations shall be initiated in the Boston,
Massachusetts regional offiee of the Amerivan 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 tn
(he United States Disuici Cowt for the Northera District of New York. The Fund shall not be subject to any
grievance/arbitration procedure set forth in any collective bargaining agreement. tt ls specifically ayreed (hal any action or
proceeding eeenieead Or Initiived In any otter Jusisdiction or venue shall be transferred to the appropriate court on titienal
specified herein.

ti. This Participation Agreeniwnt shall Become effective as of the date of execution hereof und the payments provided
iyereinabove shall be payable front and after 2/15 and continue until expiration of the collective bargaining

agreement ou fase subject, however, to the discretion of the ‘Trustees. Aller expiration of the collective
bargaining ayreement, this Participation Agreement shall continue in full foree and effect until a suvcessur collective bargaining
agreement is executed by the Employer and Union unless o) the ‘Trustees terminate the participation of the Employer und
provide written notice of the daw of termination, b) (he Employer gives the Pund at least sixty (00) days advance written potice
by certified mail with retuny receipt requested of its inen! 1 ieeningre panicipation because it no longer has an obligation i

2

REV, 201407


upon uf neexta efeirge to Whe Eniployer. fn the even! it is found that the Employer has not fully complied with the Fund rules
and/or provisions of this Participation Agreement, (he Employer shall pay the fll cost of the audit that has been performed by
the Fund. tn addition, ite Employer stall be responsible as set forth in iis Participation Agreement ard the Fumid"s mules,
regulations and/or collection policies.

4, The Fund shall be open 1 participation by any group of members belonging to a participating Union that fully complies with
al) cules ond regulations of the Fund, In addition, te Employer may contribute to the Fund for employees working outside tlre
jurisdiction of the collective bargaining agreement in the amount indicated sbove However, [Pihese employees ure breluded,
the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same
busis ws Is provided fn this Particiaiion Agreement, and the Employer also agrees to continue io make conuibutions ov all these
employees foras long as there shall be a collective bargaining agreement between the Employer and the Union, subject ta any
and all rules and reguiations or decisions covering thrs group that are issued by the Pund, The Enipfoyer must request in writing,
and reveive writlen approval fram the Fund in order to lave these non-covered employees inchided Stich request must
specifically define the calegory oF calegores involved.

S. Shoult any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management
Relations Act of 1947, es amended, of any other State or Federal statute or regulation, such declaration shall in nd way impair
ihe effectiveness or continuity of the test of the. provisions of this Participation Agreement and such provisions are hereby
expressly dechied to be saved from such illegality.

6, Paymems to the Fund must be made by the Employer for all vompensuble vacation and Holiday time yp toa maximum of
one full calendar year,

7. Jf an employee is granted a leave of absence, the Employer shall collect (rom Said employee, pnor to the leave of absence
being effective, suffictent monies th pay tre required contelbutlons. during the perlod of absence and such imankes shall
thereafler be prompily forwarded to the Mund ln wecondance with the cites of the Fund, tn the event the Enyployer grams a leave
and) does not so comply, Mle Employer wiust pay the contributions subject fo all other requirements in paragraph 2 herein,

8, The Employer agrees to furnish suck information ws muy be necessary to enable (he Fun to carry out its duties,

9, Uf regular employee is absent because of illness or offle-job injury and notifies the Employer of such absence, the
Employer shall continue 10 make the required compbutions fora period of four (4) weeks. Ifa regular employee is Injured ot
the job, the Employer situll continue to pay the required voniributions until such employee returns to work, However, such
contributions shill not be paid fur a period of more than 52 _ weeks,

(0. All aeifons and proceedings commenced or initiated by any claimant, dpplicant, employee, participan, the Union or Le
Employer, or their agents, successors or assigns, ogalast Mie Fund, the Trustees thereo! or any employee, service proviler,
represeniative or Agent thereof!) and all actions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employee, participart, the Union or the Employer pertaining to the Fund in any manner, shall be brought in
the appropriate court fh te County of Onondaga, New York or other applicable tribunal [ocated therein except where otherwise
provided herein. In regard 10 withdrawal linbility arbitration proceedings, wll 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 reyard to federal district court actions, all such actions shall be commenced and heard in
te United States District Court for the Northern District of New York. The Fund shall not be subject to any
uricvance/arbitration prosediire set for in any collective bargalbing agreement, It is speeifically uureed that any action or
proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court on tribunal
specified hercin.

(i. ‘This Participation Agrvement shal) hecome effective as of the dale of excottion hereof and the payments providell

hereinabove shall be payable from and afer A/S and comin: until expiration of the vollective bargathing
agreement on [raraiiie subject, however, li the diseretion of the Trustees. After expiration of the collective

borgaming agreement, this Participation Agreement shal! confinue In full force and effeet until a successor collective birgaming
agreement is executed by the Employer ard LinlOr unless a) the Trustees teriinate the particlpution of te Emplayer am
provide written notice of the date of termination, 6) the Employer gives the Fund at feast sixty (60) days advance written notice
by certified mail with return receipt requested of its intent 1 terminate participation because it no Jonyer has an obligation 1

2
REY, 201407


TIGT
(937

contribute by contract or stalule, c) the date the NLRB certifies the resulis of an election that terminates the Union's
representative status or, d) the date the Union's representative status terminates through 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: f WS
» [0/94/18

Expiration date of collective bargaining agreemen

12. ‘The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the Union are
signatory toa 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 exisis 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# 587 : EMPLOYER: Sarenec Lake Quarry
Graymant, lnc.
ADDRESS: 14 £im Street_ ADDRESS; 111 Quary Road

Potsdam, MY 12076 Redacted by the U.S. Department of

Redacted by the U.S. Department of the Treasury Z
oo _ i. ey Ma be

PRINT NAME: Mickey Smith PRINT NAME

PRINT TITLE:Business Agent PRINT TITLE:
=

DATE:#27/16 re DATE:

NEW YORK STATE (eee iteanicSileiaiadedaia SION AND RETIREMENT FUND

151 NORTHERN cot Department of the Treasury N2
MAILING ADDRESS} ) NEW YORK 13221-4928

pate:__6/34E

SIGNATURE:

REV, 201407


Gouo

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 terminntes through a valid disckaimer of interest. The
Employer shall pay any contribution mite 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: APRIL 1, 2016

Expiration date of collective bargaining agreement: | L : CH 31, 2018

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

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 writien. 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 coused this Participation Agreement to be executed on the date shawn by each of their signatures below.

LOCAL UNIONS 118 EMPLOYER: GEORGE C. MILLER BAICK CO

ADDRESS: 130 METRO PARK ADDRESS: 734 RIDGEWAY AVE. a
Redacted by the US. Department of the Treasury a :

PRINT NAME:
PRINT TITLE:BUSINESS AGENT PRINT TITLE: C.E.9.
DATE; 12072036 Le) DATE: 12wa08

NEW YORK STATE TEADESEQ Ge SU mec ON AND RETIREMENT FUND
151 NORTHERN CONCO
MAILING ADDRESS: 4 W YORK 13221-4928

SIGNATURE: DATE: 6

REV. 201407


T7182
(9.35

contribute by contract or state, ¢) the date the NLRB certifies the resulis of an election that terminates the Union's
representative status or, d) the date the Union's representative status terminates through 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 Paricipation
Agreement must be signed and submitied for each successor collective bargaining agreement.

Effective date of collective bargaining agreement: pre

Expiration date of collective bargaining agreement: 1/31/19

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 emire agreement and understanding of the parties and supersedes all prior or
comempornneous agreements of 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 687 EMPLOYER; Potsdam Stone and Concrete
Gmymeei, Inc,
ADDRESS: 14EbnSweat ADDRESS; 111 Quarry Rosa

Potsdam. NV 13576 Plattsburgh, Nv 12901

Redacted by the U.S. Department of tl Redacted by the U.S. Department
SIGNATURE US SIGNATURE: @@qCMICeStiyy

PRINT NAME: Mickey Smith
PRINT TITLE-Businass Agent
DATEAz6

DATE

NEW YORK STATE RESETS
15) NORTHERN CONBEE Turi fea uts
MAILING ADDRESS (EGER

RENCE PENSION AND RETIREMENT FUND
EN¥ 13212
RACUSE, NEW YORK 13221- 492;

SIGNATURE: DATE:

EXECUTIVE ADMINISTRATOR

tus

REV, 201407


pon aL no extea charge to the Employer, In the event it ie found that the Employer has not tilly complied with the Fund rules
and/or provisions of this Participation Agreement, ihe Employer shall pay the Mull cost of the avedit that tis Been perfored by
the Fund. In addition, the Employer shal! be responsible as set forth in this Participation Agreement and the Fund's rules,
regulations unW/or collection policies,

4 The Fund shall be open to participation by any group of members belonging toa participaling Winion that filly complies with
all rules and regulations of the Fund, In addition. the Employer may contribute to the Fund for employees working outside thie
jwisdietion of the collective bargaining agreement in the amount indicwled above However, Hf these eniployees are tneluded,
the Employer agrees to mike contributlens of all employees ln this calegory subject to the sume conditions and on the sane
basis as is provided (nm this Participation Agreement, and the Employer also agrees to continue (o intake contributions on all these
eniplayees for as long as there shall be 2 collective bargaining agreement between the Employer and the Union. subject to any
and. all rales and regulations or decisions covering this group that ore issued by the Fund. ‘The Employer must request in writing
and receive written approval from the Fund im order w tmve these non-covered employees Inchwled, Sue request vest
specifically define the eatexory or categories involved,

5, Should any of the provisions of this Paricipation Agreement be deefared to be jn violation of the Labor-Management
Relations Act of 1947, as amended, or any other State or Federal statute of regtilalian, 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 io be saved from such illegality -

6. Payments to the Mund must be made by (he Emplayer for all compensable vacation and holiday time up to a maximum of
one Gill cabendar year.

7. [fan employee is granted a leave of absence, the Employer stall collect from said employee, prior to the Wave of absence
being effective, suificient monies to pay the required comributions during the period of absence anil such monies shall
thereatter be promptly forwarded to the Pund in accordance with the rules of fle Fund, I the event the Employer grants a leave
and does not 86. comply, the Employer must pay the contributions subject to al] other requirements in paragraph 2 herein.

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

9 Ifa regular employee es absent because of Iness oF affthesjob injury ard notifies the Employer of such absence, the
Employer shall continue to make the required conteibutions for a yeriott of fou (4) weeks. Ifa regular employee is injured on
the Job, the Employer shall continue to pay the required contribulions until such employee returns to work. However, suet
contributions shall nor he paid fara period of more than 82 weeks.

10. All actions and proceedings commenced or initialed by any claimant, applicant, employee, participinl, the Union or the
Employer, or their agents, successors or ussigns, against the Fund, ihe Trustees thereof or any employee, service provider,
representative or ugent thereof, and all actions and proceedings commenced by or on bela of said Trustees awainst any
claimant, appiicant, employee, participant, the Union or the Employer pertaining to the Pund in any manner, shall be brought in
the approprine cont in the County of Onondaga, New York or other applicable tribunal loealed ihercin exeepl where otherwise
provided herein. In regard to withdrawal liability arbitration procecdings, all such arbitrations shall be initialed im the Baston,
Massachusetis regional office of (he American Arbitration Association and all hearings and related proceedings shall be
conducted in Syrmcuse, New York. Jn regard to federal distticl courl actions, all such actions shall be commenced and heard in
the United States District Court for the Northern District of New York The Fund stall not be subject to any
grlevance/arbitration procediire set forth in any collective bargaining agreement. tt is specifically agreed that any action or
a commenced or initiated in wny other jurisdivtion or venue shall i wansferred to the appropriate Court or tribunal
specified hereits,

11. ‘This Panicipation Agreement shall become effective as of the diye of execution hereo! and the payments provided
Weretnobove shall be payable Groin and aner VAS amd continue dnl] expiration of the collective bargaining

aureement on fire subject, however, te the diseretlon of tik Trustees, Alter expinnion of the collective
bargaining agreement, this Panicipation Agreement shel continue in fill fore and effeer until a successor eollective barucuining
ugreemernt is execsted by the Employer and Union unless a) the Trustees terminate the paricipation ef ihe Employer and
provide weltten notice of the date of (ermination, b) the Employer gives the Fund al lenst sixty (60) days advance wailtea notice
by certified mail with return reccip! requested af its intent to terminate participation because (1 no longer his an obligation lo

2

REV. 201407


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

1}, This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 4/2014 and expire on 12392016 _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 41112014

Expiration date of collective bargaining agreement 3/31/18

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

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

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

LOCAL UNIONs Teamsters Local 687 EMPLOYER: Graymont Materials, Inc.
AppREss: 14 Elm Street ADpREss: PO Box 69

Potsdam, NY 13676 Plattsburgh, NY 12901

Redacted by the U.S. Department of the Redacted by the U.S. Department of
SIGNATURES SIGNATURE: __ |URSICERTIY

PRINT NAME: Mickey Smith PRINT NAME:_| 99: .
PRINT TITLE: Business Agent PRINT TITLE: Dpwatons Conti lie

DATE: Nf taftY 7) pare:_i}1 4 [14

Redacted by the U.S
Department of the

E PENSION AND RETIREMENT FUND
13212
ICUSE, NEW YORK 13221-4928

NEW YORK STATE TE.
151 NORTHERN CONC4
MAILING ADDRESS:

SIGNATURE; DATE: t,

REV, 5/2010

i)


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1, (a) Chis Participation Agreement, execated by the undersigned Teamsiers Local Union (hereinafier “Union”) and
Employer, ix the basis for participation in the New York State ‘Tcamsters Conference Pension & Retirement Fund
(hereinalier “Pund"). The Employer, its participating employees, and the Union, as a condition of participation in
thie Fund, arc bound by all of the rules and regulations of the Fund now and/or hereafter adopted,

(b) The Employer and Union understand and upree that the Fund conteibutions shall be made, ay wet forth herein,
on all employees doing bargaining unit Work, itrespective of whether said employees are full-time, part-time, castial
of seasonal, except as is otherwise provided herein, No agreement between the Employer and the Union shall alter
tis nile or any other nile or provision of this Participation Agreement.

{e) The Employer agrees to contribute #s follows, not to exceed the maximum:

Covered Geoup of Employees (Define) Drivers

Rates of Contribution: Hoprly Weekly f 4 CONTRACT TYPE:
Effective 07/01/09 4,00 aden “Ol oups

Effective 07/01/10 4.25 . 7 FREIGHT - National
Effective 07/09/14 4.50 ~ FREIGHT - Aren
Effective CONSTRUCTION
fiffective MUNICIPAL
Effective OTHER

Covered Employees; Bargaining D0 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 hows per trip.

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

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


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

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer, In the even! it is found that the Employer lias 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 las been perfonued by the Fund. in addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Finul's auiles, regntations and/or collection policies.

4. The Fund shall be open to participation by aity group of members belongig 10 a participating Union that filly
complies with all rules and regulations of the Fund. {n addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated sboye,
However, if these employees are inehided, the Employer agrees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided i this Participation Agreement, and the
Employer also agrees to continye to make coufributions 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 niles and regulations or
decisions covering this group that are issued by the Fund The Employer must request in. wating and receive written
approval ftom the Fund in order to have these non-covered employees eluded, Such request must specifically
define the category or categories involved.

5, Should any of the provisions of this Participation Agreemeut be declared to be in violation of the Labor-
Management Relations Act of 1947, as amended, or any other State ov Federal statute or regulation, stich 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 fo be saved from such illegality.

6, Payments to the Find nivst be omde by the Eniployer for all compensable vacation and holiday time up to a
niaxinium of one fall calender year,

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

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

9, Ifa reguiar employee ts absent because of illness or of-the-job injury aud notifies the Eusployer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) weeks, Ifa regular employee
is injored on the job, the Employer shall continue 'o piy the required contributions until such employee retums to
work. However, stich contribulions shall not be paid for a period of more than © __ weeks,

10. All actions and proceedings commenced or initiated by any claimaut, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, agaist the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or ou bebalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to (he Pund an
any mainer, shall be brought in the appropriaté cous! i the Cownty of Onondaga, New York or other applicable
tribunal located therein exeept where otherwise provided herehi [uv regard to withdrawal liability arbitration

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

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

(c) The Employer agrees to contribute as follows, vot to exceed the maxinnan:

Covered Group of Employees (Define) GEOnGt maLeR BRICK COMPANY

60 Month DB
Total

Defauit Effective

Schedule A Effective @mom waa wane Peawnibaw
Schedule B Effective 2017 $0.95 Ltd MEA I PNO
Schedule C Effective

Schedule D Effective

Schedule E Effective

Contract Type: Cups (CO Freigit-National Tl Consiniction [Municipal [1] Other
Covered Employees: [lm] Bargaining (1 Non-Bargaining.

Contributions begin on all employees from the first bour of the first dey of employment.

Formula for Road Dayers Contributions: Total miles driven in a tour of duty divided by 25 miles per hou
equals howrs per trip,

(d) All such payments to be made to tle Fund are to be received by the Find office on or before the tenth (101h)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Find, but not to exceed by the eud of the same month due,

2, Failure on the part of the Employer to timely contribute on any of its employees us specified herem shall make the
Eniployer liable for all eniployee benefit claims which are incurred diving the period of delinquency, damages,
teimbursement to the Fund for the Fund's attorneys’ fees, auditors’ fees, court costs, disbursements and expenses
incinred by the Fund in fecovering the above, Ih addition, the Employer miust pay all arrears due the Find togetlier
with liquidated damages in the sum of ten percent (10%) of the delinquent amount, The late payment of diy
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 Pund that it is delinquent, the Employer nonst inwnediately pay the


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

1.4) This Participation Avreenent. escowed by the undersigned Teamsters Lecal Lnion (hereinafter “Union) and Employer,
ds he thins fie purtictpatiwt Tithe New Vork State Teamsters Confrence Pension & Retirement Fund (bereinailter *FundTM),
The Linplayer. lis participating employoes and the Union, as a condition of participation in this Fund, are bound by this
Participation Agreenient, the Trint Agreement, Phin documents and all of the niles and regulations of the Furwt now and/or
thereafter aboptet thy the Host of Tiiatees

(1b) The Lroployer nd Con understand und avree that the Fund contributions shall be made, as set forth herein, on all
employees doi hanwiiing wilt Work, irrespective oF whether said employees are full-time. parttime, casual or seasonal,
excep is ts othenyise provided herein, No agreement beiween the Rinplayer and the Unlon shall alter this rule of any other
nile or provision of this Panieipation Agreement,

fe) Phe [anplower apres t0 eouilihute as follows. not to exceed the maxim:

Covered Chup uf Lnplayecs (Define Potsdam Stone and Concert: Drivers and Dispatchers

60 Mom 60 Momth DA
Rehabititalion Death ($05 ir Total
Schedute Henelit Kates of Contributiut: Hourly elected) Hourly Weekly
Dehult Yes fat Effective mrs say Adzearrece naman
Schedule A No Fifective en ais Stienaewe — wamauat
Sehedide 8 Effective  Prreeree enema Fone —_
Schedule C Effective
Schedide D Ltfective
Sehwutde Ltfeetlve
Sebodule G Eflowtive
Commer type Cures (F Vreight-National Construction ) Monieipal — i] Other

Covered Kgiployees: [BT Birgainige [2] Nonethorpaining

Contributions boirnan ull eayploy ves Irons the first our of the (inst day ol employment,

Fone tor Koad Drivers Contributions; Total aviles driven in q-laur of duty divided by 25 miles-per hour equals hours
per (rip.

() All such payments iv be dade to Ue find ane te be received by the Pind office on or before the renth (10th) day of the
month) Holliwing the month Hi Wwhiel silt Monhes were acerved, except when oilerwise agreed by the Puma, but Hot to exceed
tw the end of the same month die:

2. Failure ort the part of the Linployer to timely contrilute on any of tts employees as specified herein shall make the Employer
Table for all enplyy ce benefit claims which are ikemred during the period of delinquency, damages, reimbursement to the Fund
for the Fund's attorneys” fees, auditors” fees. court casts, disbursements and expenses incurred by the Fund in recovering the
above, In addition the Liyployer Hiiest pay all vrrears due the Fuad together with fquidated damages in the sum of fen percent
(HOM) of the delinqnent caviemt, Lhe lite payment of ainy delinquency hy the Employer shall not in any way relieve it from the
obligations set forth above. ln dadition, when the Employer is notified in writing by the Fund that it is delinquent. the
Employer must Hmmeviately pay the delinquent amount to the Fund, Aler said payment, the Employer may appeul the Fund’s
decision 19 the Hourd of Trees, whase decision shall be final und binding. Inthe event of fatlure of the Employer wo comply
with any of the rules of the Mind, the Einplover ane) all Tis paricipating employees, ar the Fund's sole discretion, shall cease 1
participate inthe Hund dd the Hinphoyer shall he responsible fur all the benefits and all other charges specified herein,

3. Vie Pivnt inay. at ity Gin, adit the payroll records of any and all employees of the Karployer at a tine mutually aureed

'
REV, 201407


Teamsters Local 118 & Miller Brick

Re: Attachment to Pension Participation Agreement
CBA: April 1, 2015 March 31, 2018

Pursuant to Article 36 (Pension) of the Collective Bargaining Agreement between
Teamsters Local 118 and Miller Brick, the annual pension contributions during
the life of the agreement are capped as follows:

2015- Cap/2120 hours
2016- Cap/2080 hours
2017- Cap/2080 hours

2018- Cap/2080 hours

Accordingly, the fund recognizes the aforementioned annual caps.

Redacted by the U.S.

Department of the Treasury
For the Compa Date_ 5

For the Union 4

For the Fund

es



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

1. (a) This Porticipathon Agreement, execiited by the undersignes! Teamsters Local Union (hereinaller “Uniod”) and Employer.
fy the Iynts for participntion in the New York State Venmuers Conference Pension & Retirement Fund (hereinafter “Fund,
The Einployer. lis participating employees. ond the Union. as a condition of participation in this Fund. are bound by ibis
Participation Avreement. the Trust Agreement, Plin documents and all of (he rules and regulations of the Fund ew and/or
hervafier adeywed by (he Board of Vyustees.

b) The Employer and Union understand amd agree thar the Fund conmdibenions shell be wende, a set forth herein, on all
eiplayees doing bargaining anit work, irrespective of wheiler said employces ape Talt-time, parttime, casual oF seasonal,
excep! as is otherwise provided bere. No uyreemien between the Employer and the Union shall aller this rule of any other
ule of provision of this Panicipution Agreement.

{(c) The Eanployer agrees to contribute as Follows, nol lo exceed the maxima:
<sanead ene sists Grimm Building Materials #5258

60 Month: 60 Month DR
Rehabilitation Death {8.05 if Toul
Schedule Benelli Rates of Comeibanion: Hourly elecivd) Muurly Weekly

Detiuilt Yes Elfvctive sane. 173 & nm
Schedule A No = [8) | Effective seus 145 rs ory
Schedule 0 Feffeective eowona ir oT
Schedkile C Effective

‘Schedule 1 effective

Schedule & leNVeetive

Schedule G (iifextive

Conimet ype: CPs (Cl Freieht-Nasioren Ml Constroction OC) Municipal [Otter

Covered Employees: (2) Birnie = 1 NoreBanguining

Cennributions begin on wll corployees tront the Hirst hour of the first day of employment.

Fornula for Kagel Drivers Cooritaulone ‘otal miles driven in a tour of duty divided by 25 miles per hour equals tours
per trip,

(a) All such payments to be made to the Fund are to be received by the Fund office on or before the cons (10iN) day of ire
tooth following the manth in which suid monles were secrued, exocpl when ollerwise agreed by te Fund, bul hot to exceed
by the end af the same woth die,

2 Failure wy (he pan of the Employer to tinvely conieiiate ait any of its employees as specified herein shall make the Employer
\idble for all emphoyee benefit elaliny which are incurred during the period of delinquency, damages, reimbursement to the Fund
for the Fuuul's attomeys’ fees, amdiion’ fees, court costs, disbursements and expenses iycurred by the Fund in recovering the
above. tn addition. the Employer Wiist pay all artcars chee the Fund together with liquidated damages in the sum of ten percent
(10%) of the detlnquent amount, “The late payment of any delinquency by the Employer shall not fy any way relieve it from the
ob set forth abave, tn addition. when (he Employer is notifiod in writing by the Pund that it is delinquent, the
Employer rivet inmiedlitely pay the delinquent winount to the Fund. Aner ssid payment, the Employer may appeal the Fund's
ccision 10 the Hound of Trustees. whase decision sll be Vinal and binding, fn the event of Trilure of the Employer to comply
wilh any af the rules of te Fund, the Employer and alt itt participaling employecs, at the Furid’s sole discretion, shall cease yo
Participate in the Find. dnl the Eiiplayer shall be responsible forall the benefits ond all other charges specified herett,

3. The Fund may, of any time, andit (he payroll reconis of any and all employees of the Employer at a time mutually agreed

'
REV. 201407


upon at no extra charge to the Employer, In the event it is found that the Employer bas not fully complied with the Fund rules
and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit (hat has been performed by
the Fund, In addition, de Employer shall be responsible es 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 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 umount jndicated above. However, if these employees are included,
the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same
basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these
employees for as long as there ehall be a collective bargaining agreement between the Employer and the Union, subject to ony
and all roles end regulations or decisions covering this group thet are issued by the Fund. The Employer must request in writing
and receive written approval from the Fund in order to have these non-covered employees included. Such request must
specifically define the category or categories Involved.

5, Should any of the provisions of this Participation Agreement be declared to be in violation of the Labom Management
Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no Way lnpale
the effectiveness of contingity of the rest of the provisions of this Participation Agreement and such provisions are hereby
expressly declared io be ssved from sach |Wegality.

6. Payments to the Fund must be made by the Emplayer for al) compensable vacation and holiday time up to a maximum of
one full colendar year.

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

a PCC IRMA ESIC DR

a \?
9. IF 2 regular employee ts absent because of illoess or of-theJob Injury sax-Saalfes the: Exp of such absence, the
Employer shall continue to make the required contributions for @ period of four-(4) weeks. If a regular employee is injured on
the job, the Employer shall continue (o pay the required contributions until such employee returns to work. However, such
contributions shal! not be paid for period of more than 2 ___ Weeks.

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

Al. This Participation Agreement shall become effective ns of the dare of execution hereof and the payments provided

heceinabove shall be fies eid ie EEO) saad esti wie etglnlan tt the lnaslge Rergeiaing
prmeor |

agreement oo —) subject, however, to the discretion of the Trustees. After expiration of the collective
bargaining agreement, this Participation Agreement shall continue in full force and effect until s successor collective bargaining
agreement is exectited by the Employer and Union unless a) the Trustees terminate the participation of the Employer und
provide written notice of the dute of termination, b) the Employer gives the Fund at lenst sixty (60) days advance written notice
by certified mall with return receipt requested of its intent to terminate participation because it no longer has an obligation to

2
REV, 201407


Hind 34

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

1}. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 07/01/09 and expire on 06/30/12 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.

07/01/09

Effective date of collective bargaining agreement

Expiration date of collective bargaining agreement 06/0142

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 conlemporancous agreements or understandings, whether oral or written. As such, this Participation
Agreement may nol 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: Grandview Black Co.

ADDRESS: ADDRESS: 1705 Hamburg Street

Schenectady, NY 12304

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

Redacted by the U.S. Department of

SIGNATUREQGRIE Dg
PRINT NAME: Jahn Bulgaro PRINT NAME: Swahkur bere Sal
PRINT TITLE: President PRINT TITLE:_Rees

DATE: DATE: aheloerr

Redacted by the U.S.

Z rat m Department of the Treasury
NEW YORK STATE T] INSION AND RETIREMENT FUND

Ist NORTHERN CON 12
MAILING ADDRESS E, NEW YORK 13221-4928

pare:_$|zi\oq :

SIGNATURE:

REV. 3/2009


tho rules of the Fund, (he Employer and all its participating employees, at the Fund's sole discretion, shall cease to
purticmpate in the Fund, and the Employer shall be responsible for all the benefits and ol) other charges specified
herein.

3, The Fund may. at any time, audit the payroll records of any nd all employees of the Employer at atime mutually
agréed Upon al no extra charge to the Employer. In de event it is (ound that the Employer has pot fully complied
wilh 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. tn addition, the Eryployer shall be responsible as set forth in this
Pantivipation Agreement and the Fund's rules, regulations and/or colleetion policies,

4, The Fund shall be open to participation by any group of members belonging to @ participating Union that fully
complies with all rules and regulations of the Fund. In addition, the Eryployer nay contribute ta the Fund for
employees working, outside the jurisdiction of the collective bargaming agreement in the anrount indicated above,
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the sume conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributions on all these cmplayces for as lone as there shall be a
collective bargaining agreement between the Employer and the Union, subject jo any and all rules and yeguiations 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 ticluded. Such requesi must specifically
define ihe category or categories inyolved,

5, Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor:
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in nO Way inpair the effectiveness or continuily of the rest of the provisions of this Participation Agreement and
such provisions are hereby expreasly declared (o be saved from such illegality,

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

7. {an employee is granted a leaveof absence, the Employer shall collect from said eroployee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions during the period of absence and such
Wonties shull thereafier be pronyptly forwarded to the Furd in accordance with the miles of the Fund. In the event the
Employer urants a leave and does nol se comply, the Employer must pay the contributions subject to all otier
Tequirements in paragraph 2 herein,

8. The Employer agrees to fimish such mformation as may be necessary to enable the Fund to carry outits duties.

9, Ifa repular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the fequired contributions for a period of four (4) weeks. If a regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee returns (o
work, However, such contributions shall not be paid fora period of more than _4 _ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on bchall of said
‘Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate coun 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, al) such arbitrations shall be initialed in the New York, New York regional office of the American
Arbitration Association and all hearings and relaied proceedings shall be conducted in Symicuse, New York. In

2


‘au
proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all hearings and related proceedings shal! 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 #012015 and expire on S3v2or8 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 APRIL 1,2015

Expiration date of collective bargaining agreement MARCH 31, 2018

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

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

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

LOCAL UNION# 118 EMPLOYER: GEORGE MILLER BRICK CO.
Appress: 130 Metro Park ADDRESs: 734 RIDGEWAY AVE
Rochester, New York 14623 Rochester, New York 14615

Redacted by the U.S. Department of Redacted by the U.S. Department of the
ithe Treasul treasury

SIGNATURE; SIGNATUR!

PRINT NAME: Jeffrey Sargent PRINT NAME: F. JosephyDegnan

PRINT TITLE: Trustee/Business Agent PRINT TITLE: CEO

DATE: DATE:

NEW YORK STATE TE ¢agiekisi Syl taiuggaagNCE PENSION AND RETIREMENT FUND
151 NORTHERN CONCRETE NY 13212
MAILING ADDRESS: [(EESmy ACUSE, NEW YORK 13221-4928

pare._£72/ -

SIGNATURE:

REV. 1/2012


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

(. (a) This Participntion Agreement, exeeuted by the undersigned Teamsiers Local Union (hereinafier “Union") sad Employer,
{5 the basis for participation in the New York State Teamsters Conference Pensiua & Retirement Fund (hereinafler Fund")
The Eyployer, its participating emplayces, and the Union, as a condition of participation in this Fund, are bound by this
Participation Agreement, the Trust Agreement, Plan déciments and all of the niles and regulations of the Fund now anil/or
hereafer adopted by the Board of Trustees.

(b} ‘The Employer and Union understand wid uuree that the Fund contributions shall be made, ws set forth herein, on all
employees doing bargaining unit work, icrespective of whether said employees ure full-time, part-time, casual or seasonal,,
oXcept as is Otherwise provided hercin. No agreement between the Employer and the Union shall alter this rule oF any other
rule or provision of this Participation Agreement,

{e) The Employer aurees to contribute as follows, not to exceed ihe maxinuan;
Saranac Lake Quarry: Drivers and Dispatchers

Covered Group of Employees (Define)
60 Month 60 Mowh DB
Rohabilisation, Dewth (3.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default ia Xs | Effective ws aay Steessives meow
Seliedule A Effective nae 326 Se ee
Sctredute B Efteetive Meme utp eres ater suse
Sohedule C Effective
Sstiedule D Effective
ScheduleE = E) Effective
SelteduleG [) Elfective
Contract ‘Type: [UPS 1 Freigin-National OConstruction FC) Municipal — [i] Other

Covered Employees; [) Bargaining = (1) NonBargaining

Comeibutions begin on all employees from the first four of the first day of employment.

Formula for Road Drrvers Contribaions: Total miles driven in a tour of diay divided by 25 miles per hour equals Hours:
por wip.

(d) All sucl payments to be made tothe Fund are 10 be received by the Fund office on or before the tenth (10th) day of the
month lollowing the month in which said monies were acerved, except when otherwise agreed by the Fund, but not to exceed
by the end of the sime month due,

Z Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Esnployer
Tinie for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement (o the Fund
for the Fund’s attorneys’ fees, auditors’ fees, court costs, disbursements and expenses incurred by ihe Fund in recovering the
ahove. tn addition. the Employer must pay all arretirs due the Pend logether 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 relteve ft from the
Obligations set forth above. In addition, when the Employer i wotified in writing hy the Fund that it is deliquent, the
Employer must immediately pay the delinquent umount to the Fund. After said payment, the Employer may appeal the Fund's
decision to the Board of Trustees, whase 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 cense to
participate in the Fund, and the Employer shall be responsible for al) the benefits and all other charges-specified herein,

3, The Find emay, at nny time, audit the payroll records of any andall employees of the Erypsloyer wa time muthally agreed

|
REY, 201407


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

4. The Fund shall be open to participation by any group of members belonging to ¢ participating Union that fully complies with
all rales 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 ahove, However, if these employees are inchuled,
the Exyployer agrees jo make contributions on all employees in this category subject to the same conditions and on the Same
hasis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these
employees for as long as there shall be « collective bargaining ayreement between the Employer and the Union, subject to any
and all rules and regulations or decisions covering this group that ere issued iy the Fund. The Employer must request in writing
and receive written approval! from the Fund in order to have these non-covered employees included Such request must
specifically define the category of catepories 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, a8 amended, or any other Stste or Federal statute or reguintion, such decinration shall in no way impair
the effectiveness of continuity of the rest of the provisions of this Participation Agreement and sich provisions are hereby
expressly declared to be saved from such illegality.

6. Payments to the Fund nea be nue by the Employer for al! compensable vacation ans holiday time up to 2 maximum of
one full calendar year.

7. If on emplayee is granted a leave of absence, the Employer shall collect from said employes, 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 fo the Fund in accordance with the niles of the Fund, In the evens the Employer grants a leave
and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein.

8. The Employer agrees to furnish such information a may be necessary tn eomble the Fund to carry out its duties.

9, If a regular omployee Is absent because of iliness or off-the-job injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions Por a period of four (4) weeks Ia regular employee is injured of
the job, the Employer shall continue te pay the required contributions until such employee returns to work, However, such
contributions shall not be paid fora period of morethan_® _ weeks.

10, All actions and proceedings commenced or inilinted by any claimant, applicant, employee, participant, the Union or the
Employer, or their agents, successors or assigns, against the Fund, the Trustees thereaf of any employes, service provider,
representative or agent thereof, and all actions and proceedings commenced hy er on behalf of said Trustess against any
claimant, epplicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in
the appropriate court in the County of Onondaua, New York or other applicable tribunal located therein except where otherwise
provided herein. In regard to withdrawal liability srbitration proceedings, al! such arbitrations shall be initiated in the Boston,
Massachusetts regional office of the American Arbitration Association and af) hearings and related proceedings shall be
conducted in Syracuse, New York. In reward to federal diswict court actions, all such actions shall be commenced and heard in
the United States District Court for the Norther District of New York The Fund shall wot be subject to any
grievance/arbitration procedure set forth in any collective bargaining agreement, ft js specifically agreed thet eny action of
proceéding commenced or inliloted In any other jurisdiction or Venue shall be transferred to the appropridie court of tribunal
specified herein.

tl. This Panicipation Agreament shall become effective as of the dale of execution hereof and the payments provided
hereinabove shall be from and after (472015 and cominue unill expiration of the collective bargaining

agreement on 1/2018 however, to the discretion of dye Trustees. After expiration of the collective
bargaining agreement, this Faricipation Agreement shall continue in full force and effect until a successor collective bargaining
agreement is execuied by the Employer and Union unless a) the Trustees terminate fhe perticipating of the Employer and
provide written notice of the cate of termination, b) the Employer gives the Fund ot least sixty (60) days advance written notice
by certified mail with retum receipt requested of its intent to terminate participation because it no longer hms an obligation to

2

REV, 201407


12434

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 Rehubilitation 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: fi 2/116
agreement: [iovsorta

Expiration date of collective bargaining,

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

13, This Participation Agreement represents the entire agreement and understonding 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 ast by all parties. Further, to the extent there exists any conflict benveen any provisions of this
Participation Apreemen and any provisions of ihe 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 UNIONW 587 EMPLOYER: Malone Concreie and Massena Readymix
‘Geaymont, inc. —
ADDRESS: Sim Stroot ADDRESS; 111 Quarry Road
Potsdam, N¥ 13676 Plattsburgh. MY 12001
Redacted by the U.S. Department of the Trea Redacted by the U. Ss. Department ‘of the
SIGNAT NATURIMEERT

PRINT NAME; Mickey Smath PRINT
PRINT TITLE:Business Agent PRINT TITLE
DATE:#27/56

MAILING ADDRES:

SIGNATURE:
EXECUTIVE ADMINISTRATOR

REV. 201407


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

3, The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it ls found that the Employer has not fully complied
with te 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 ws set forth in this
Participation Agreement and the Funds rules, regulations and/or collection policies.

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all rales and regulations of the Fund, In addition, the Employer may contribute to the Fund for
employees working outside the jurisdictlon of the collective bargaining agreement in the amount Indicated above,
However, if these employces are inchided, the Employer agrees to make contributions om 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 (0 continue to make contributions on all these employees for as long as there shall be a
collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or
decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written
approval from the Fund in order to have these non-covered employees included. Such request must specifically.
define the category oF categories involved.

5. Should any of the provisions of this Participation Agreement be declared 10 be in violation of the Labor
Management Relations Act of 1947, as amended, or any other Sinte 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 10 be saved Front such illegality,

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

7. [fan employee is granted a leave of absence, the Employer shall collect from said employee, privr 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. fn (he event the
Employer grants a leaye and does not so comply, the Employer must pay the contributions subject to all other
requirements in paragraph 2 herein,

8, ‘The Employer agrees to furnish auch information as may be necessary to enable the Fund to earry out its duties.

9, Ifa regular employee is absent because of iliness of offthe-job injury and notifies the Employer of such absence,
the Employer shall continue to muke the required contributions for a period of four (4) weeks. If'a regular employee
is injured on the job, the Employer shall continge to pay the required contributions until such employee retwns to
work, However, such contributions shal! not be paid for a period of more than 52 __ weeks,

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

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafier “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 Pund now and/or
hereafier adopted by the Board of Trusises,

(>) The Employer and Union understand and agree that the Fund contributions shall be made, ax set forth herein, on all
employees doing barguining 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 aller this rule or any other
tule or provision of this Participation Agreement,

{(c) The Employer agrees fo contribure ns follows, not to exceed the maximum;
Defies) MILLER BRICK CO/OPERATIONS MANAGER

Covered Group of Employees (|

Bifective «nao

Schedule A Effective snow am an pane
Schedule B Effective never au oe mo28
Schedule C Effective
Schedule D- Effective
Schedule E Effectivo
ScheduleG Effective

Contact Type, [UPS C1 Frehit-National ©) Construction [) Municipal = ([) Other
Covered Employees: [[] Bargaining &] Non-Bargaining

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

Formuls for Road Drivers Centribulions; Tota) miles driven in a tour of duty divided by 25 miles per hour equals hours
fer irtpy

(d) All such payments to be made vo the Fund are to be received by the Fund offlee ow or before the tenth (10th) day of the
month following the month jn which said monies were accrued, except wheo olberwise agreed by the Fund, but not to exceed
by the end of the same month due.

2, Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer
liable for all employee benefit claims which arc incurred during the period of delinquency, damages, reimbursement to the Fund
for the Fund's attorneys* fees, ouditors’ 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 asy delinquency by the Erployer shall not in any way relieve it (Font the
obligations set forth above. In addition, when the Employer és notified im writing by the Fund thet it is delinquent, the
must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's
jon to the Board of Trustees, whose decision shal} be finul and binding. In the event of failure of the Employer tp eomply
wilh any of the rules of the Fund, the Employer and ali its participating employees, at the Fund's sole discretion, shall cease to
participate in the Fund, and the Eniployer shall be responsfble for all the benefits and all other charges specified tiercin,

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


qsa3

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

71/2016
2 a Te ae
lein712017 |

Effective date of collective bargaining agreement:

Expiration date of collective bargaining agreement:

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

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

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

LOCAL UNION# 118 EMPLOYER:, GENESEE BREWING CO.

ADDRESS: 190METROPARK ADDRESS; 455 ST. PAUL ST
AQCHESTER, NY 1467)) ROCHESTER, NY 14505
Redacted by the U.S. Department of the Treasury

SIGNATURE:

PRINT NAME;PAUL MARKWITZ PRINT NAME: "iam Nallson

PRINT TITLE:PRESIDENT, BUSINESS AGENT PRINT TITLE: Vice President HA

pate__2@/2li ZL DATE: -|2\16

NEW YORK STATE TPE ETCngemur 'E PENSION AND RETIREMENT FUND
151 NORTHERN CONGUE 13212

MAILING ADDRESS: CUSE, NEW YORK 7, We
SIGNATURE: DATE: é MY ¢

REV, 201407


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

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

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

Malone Concrete and M Readymix: Drivers and Dispathers
Covered Group of Employees (Define) —_ oid x

6) Mowat 60 Month DB:
Rehabilitation Death (8.05 if Total
Schedule Henetit Rates of Contribution: Hourly elected) Hourly Weekly
Default Yes (1 | Effective s20ms ano Attorathous worked
Schedule A i No (&) | Effective ssnne # 505 SOS onan tows — wewhed
ScheduleB [) Effective Pension ssp-eomres ater yeas
Schedule C Effective
Schedule D Effective
Schedule E Eflective
ScheduleG  [) Eflective
Contract Type: Ours OD Freigit-National OConstruction [© Municipal {) Other

Covered Employees: [8] Bargaining = [[) Non-Bargaining
Contributions begin on all employees from the first hour of the first day of employment,

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

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th) day of the

month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed
by the end of the same month duc.

2, Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer
liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund
for the Fund’s atiomeys” 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. Tre 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 amoum 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

'
REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1, (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “UnionTM) and

Employer, |s the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund

(hereinafler “Fund"), The Employer, its participating employees, and the Union, as a condition of participation in

~ ea are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
ereafter 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 suid employees arc full-time, part-time, casual
oF seasonal, except as is otherwise provided herein, No agreement between the Employer and the Uniort shall alter
this rule or any other rule of provision of this Participation Agreement.

{c) The Employer agrees to contribute as follows, not (o exceed the maximurn:

Covered Group of Employees (Define) Plaiiaburgh Quares - Reacy Mu Crivnrs and Dispatchers

REHABILITATION

Ratew af Camribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective 4wa0re $8.27 on at hours paid UPS Defautt
Effective souzors 36.78 on ot fours pabt FREIGHT — National Schedule A
Effective 4/2015 S725 on et howrs pivid FREIGHT — Area Schedule B
Effective 42010 37-96 on at hours old CONSTRUCTION Schedule C
Effective ta MUNICIPAL Schedule D
Efiective OTHER Schedule F
Covered Employees; [iB] Bargaining (1 Non-Bargaining

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

Formula for Road Drivers Contributions: Tota! miles driven in a tour of duty divided by 25 niles per hour
equals Hotes per trip.

(0) All such payments to be made to the Fund are to be received by the Fund office on or before the teath (10th)
day of ihe month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to excved 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 fiable for all employce benefit claims which are incurred during the period of delinquency, damages.
reimbursement to the Fund for the Fund's attorneys" fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer mitst 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, Jn addition, when
the Employer {s notified in writing by the Pund that it is delinquent, the Employer must immediately pay the
delinquent amount to the Fund, After sald payment, the Employer may appeal the Fund's decision to the Bourd of