7344

contribute by contract or siatuse, c) the date the NLAB certifies the results of an election that terminates the Union's
representative status or. d) the date the Union's represeniative status terminates through a valid disclaimer of imerest, 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 musi be signed and submitted for cach successor collective bargaining agreement.

1, P201/2016

Effective date of collective bargaining ayreemen

Expiration date of collective bargaining ayrcement; (09/28/2018

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

13. This Panicipaiion Agrecment represents the entire ayreemem and understanding of the partics and supersedes all prior or
comemporutous agreements or understandings, whellier oral or written, As such, this Panicipation Agreement may not be
modified except by a wriling signed by all porties. 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 cach of their signatures below.

LOCAL UNION 294 EMPLOYER: _Jointa Gatusha, LLC

7}
ADDRESS: 890 Third Syeet/ Lfbor Termplo y /)
ae faz 4
Redacted by the
SIGNATUR:

PRINT NAME:Stephen Griffen
PRINT TITLE Business Agent PRINT TITLE: Vico President

DATE: 3} 25 Ie DATE: Sf Le

PRINT NAME; Chuck Greenfiok!

5
NEW YORK STATE TE SRS RURORU EEE ENSION AND RETIREMENT FUND
151 NORTHERN CONC gigephtliaM eg 212

MAILING ADDRESS: [Sty NEW YORK 13221-4928 li,

DATE: -

REV. 201407


5355

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 afier 1/2014 and expire on 19302017 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 11/4/2014
10/31/2017

Expiration date of collective bargaining agreement

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

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporancous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified execpt 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# 264 EMPLOYER: JH Wattles
ADpDREss: 35 Tyrol Drive ADDRESS: 92 Niagara Frontier Food Terminal
Cheektowaga, NY 14227 Buffalo, NY 14206
Redacted by the U.S. Department of the Treasury
SIGNATURE:
PRINT NAME: Robert C. Bonilla PRINT NAME: R. Bradley Jacobs
PRINT TITLE: Business Agent PRINT TITLE: General Manager

DATE: L/2 re Ce 2ors_ DATE; zf2 Ws

Redacted by the U.S. Department of
NEW YORK STAWERICERT I
15] NORTHERN
MAILING ADDR

SION AND RETIREMENT FUND

12

2, NEW YORK 13221-4928

SIGNATURE:__
EX

DATE:

REV, 5/2010


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

|, (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 Pund (hereinafier "PundTM):
The Employer, jis participating employces, and the Union, 2s a condition of participation in this Fund, are bound by this
Participation Agreement, the Trust Agreement, Plan documents and all of ifle rules and rexulations of te 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 fulltime, part-time, casual or seasonal,
except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this nlle or any other
nile or provision of this Participation Agreement_

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

Joseph A Cimino Food Brokers Clerical

Covered Group of Employees (Define)
60) Month 60 Month DB
Death (8.05 if Total
Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Yes OF | Effective sas nz siz? fer
No Effective 4 5135 suas 354.20
Effective sar say sas 5023
Effective
Effective
Effective
Effective
Contract Type: Ours (CO Freight-Natioeal D1 Construction [| Municipal [© Other

Covered Employees: Bargaining = ([] Non-Bargaining

Contributions begin on all employees ow the first how of the fest day oF emplayment.

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 an or before the tenth (10th) day of the
inionth following the month in which said monies were accrued, except when otherwise agreed by the Fund, bit not to exceed
by the end of the same month die,

2, Fallure 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 claints Which are incurred duriyg the period of delinquency, damages, reimbursement to the Fund
for the Fund's altomeys’ 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 de Fand together with liquidated chimayes 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 relleve il (rom the
obligations set forth above. In addition, when the Employer is notified in writing by the Fund that i is delinquent, the
Employer roust inynediately 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 tlie, audit the payroll records of any and all employees of the Employer at 2 time mutually agreed

1
REV, 201407


Trustees, whose decision shall be final and binding. In tre 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 Pund's sole discretion, shall cease to
participate in the Pund, 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 a a time mutually
ugreed upon ot nO extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies-

4, The Fund shall be open to participation by any group of members belonging to 2 parlicipating 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 (he collective bargaining agreement in the amount indicated ahoye-
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject fo the same conditions and on the same basts as is provided in tis Participation Agreement, and the
Employer also agrees to continue to make contributions on all these employees for as fong as there shall be a
collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or
decisions covering this group that are issued by the Fund, The Employer must request in writing and receive written
approval from the Fund in order to have these non-covered employees included. Such request must specifically
define the category or categories involved,

5, Should any of the provisions of this Panicipation Agreement be declared to be in violation of the Labor
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, suely 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 iMegality.

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

7. If an employee is granted a leave of absence, the Employer shall collect fron: said employee, priar to the leave of
absence being effective, suflicicnt monies to pay the required contributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund ip awecordance with the rules of the Fund. ba whe event the
Employer grants a leave und does nol so comply, the Employer must pay the contributions subject io all ovher
requirements in paragraph 2 herein.

8. The Employer agrees to furnish such information as may be necessury to enable the Pund to curry out its duties.

9. Ifa regular employee is absent because of ines or off-the-job injury and nolifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) weeks, Pa regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee retums to
work, However, such contributions shall not be paid fora period of more than 42 weeks.

10, All actions and proceedings commenced or initfated by any claimant, applicant, employes, participant, the Union
or the Employer, or their agents, successors or assigns, ugainst the Fund, the Trustees thereof or any employe,
service provider, representative or agent thereof, and all actions and proceedings coramenced by or on behalf of said
‘Trustees against any claimant, applicant, employec, 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 proyided herein. In regard to withdrawal lability arbitration
proceedings, all such arbitrations shall be initiated in the Boston, Massuclusetts 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
(hereinafier “Fund"), The Employer, its participating employees, and the Union, as a condition of participation in
this Fund, are bound by this Participation Agreement arid all of tie rules and regulations of the Fund now and/or
hereafter adopted.

(bh) 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, itrespective of whether said employees are full-time, part-time, casual
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other rule or provision of this Participation Agreement.

(c) The E:nployer agrees to contribute 2s follows, not to exceed the maximum:

Covered Group of Employees (Define) ones totor Company ine

60 Month 60 Month DE
Rehabilitation Death (5.05 if Total

Schedule Benefit Rates of Contribation: Hourly elected) Hourly Weekly
Default CD | ves =] | Effective onexaors 12.000 72.8080 £00.36
Schedule A [| No im] | Effective oeoteon ya5410 7aseta ae
SchedileB [J Effective osouz0e va.80ey jase Bed
SchedileC |] Effective
ScheduleD (J Effective
Schedule E (all Effective
ScheduleG (1) Eflective
Coniract Type: = (J urs 1 Freight-National D1 Construction = [] Municipal — [) Otter
Coyered Employees: Bargaining OD Non-Barguining

Contribations begin on all employees fromthe 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
coquals hours per trip.

(d) All such payments to be made to the Fund are 10 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 Hot to exceed by the end of the same month due.

2. Failure on the part of the Employer to \imely contribute on any of its employees as speetficd lierein 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 attonneys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Furid in recovering the above. In addition, the Employer must pay all arrears due the Pund together
with liquidated damayes in the sum of ten percent (10%) of the delinguent 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


59)

tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration
proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In
regard to federal district court actions, all such actions shall be commenced and heard in the United States District
Court for the Nornhem District of New York. It is specifically agreed that any action or procesding commenced or
initiated in any other jurisdiction or vere 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 08912013 and expire on 07912016 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 cach subsequent collective bargaining agreement,

Effective date of collective bargaining agreement

Expiration date of collective bargaining agreement

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

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

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

LOCAL UNION# 693 EMPLOYER: Jones Motor Company Inc.

Abpress: 41 Howard Avenue Appress, PO Box 137

PRINT NAME;. 0»,
PRINT TITLE; Secretary-Treasurer/BA PRINT TITLE: Sie Vie Bl E NOt
pate:_ 2/2 Le DATE: & fe oft

aeRO PENSION AND RETIREMENT FUND
FY 13212

ACUSE. NEW YORK 13221- jh
DATE: ya Lf oe

NEW YORK STATA
151 NORTHERN CC
MAILING ADDRES

SIGNATURE:

EXEC

REV. 11/2012

a


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
R PATI R

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

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafier “Fund").

The Employer. its participating employees, and the Union, as a condition of participation in this Fund, are bound by this

Participation Agreciment, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now andor
sreafler adopted by the Board of Trustees.

Di gte-tne pope nd Union wndcrstnd anda tht the Fund conbuton tll be made a forth herein, on all

imployees doing bargaining wnil work. irrespective of whether said employces are full-time, part-time, casual or seasonal.
except us is otherwise provided herein, No egreement between the Employer and the Union shall alter this rule or any other
tule or provision of this Participation Agreement,

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

Jointa Galusha, LLC - Drivers #7844

Covered Group of Employees (Define)

6D Astin 60 Month DB
Rehabilitation (S05 iF Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default Yes | Effective rose 3/1 J tus ” Ed 17559
Schedule A No Effective 0 “ 195.82
Schedule B Effective 19089
Schedule C Effective 4
Schedule D Effective
Schedule E Effective
Schedule G Elfective
Contract Type: Ours CO Freight-National Construction (7) Municipal Other
Covered Employees: () Bargaining — ([] Non-Bargaining e pine?

el 5 Mar OCG
Contributions begin on allemployves trom the first hour of the first day of employment. , ge

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

(d) JS Saldeet Se ebaneret one venaNcRKtORaNANatie ins Vi day of the
manth following the month in which said monies were accrued, except when otherwise agreed by the
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
linble for all employee benefit clains which are incurred during the period of delinquency. damages. reimbursement to the Fund
for the Funds attomeys” fees. auditors* fees, court costs, disbursements and expenses incurred by the Fund in recovering the
above, In addition, ihe 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 10 the Fund. Afier 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 employces, 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, ot ny time. audit the payroll records of any and all employees of the Employer at a time mutually agreed
1
REV. 201407


Trustees, whose decision shall be final and binding. In the event of thilure 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
participale in the Fund, und 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 nrutually
agreed upon at no extra charge to the Employer. to the event it is found that the Emptoyer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, tht Employer shall pay the full cost of the
audit that has been performed by the Pund, in addition, the Employer shall be responsible as set forth in this
Participstion Agreement and the Fund's rules, regulations and/or collection policies.

4, The Fund shall be open to participation by any pup of members belonging to 4 participating Union thar fully.
complies with all rules and regulations of the Fund. In addition, the Enjployer may contribule to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above,
However, if these employees are included, the Employer agrees to make contributions on all employees in this
eutegory subject to the same conditions and on the sume basis as is provided in this Participation Agreement, and (he
Employer also agrees to continue to make contributions on all these employees for as long as thete shall be a
collective bargaining agreement between the Employer and the Union, subjeet to any and all rules and regulations or
decisions covering this group that arc issued by the Fund. The Employer must request in writing and receive writen
approval from (he Fund in order to have these non-covered employees included. Such request must specifically
define the category or categories involved.

5, Should wny of the provisions of this Participation Agreement be declared to be in violation of the Labor-
Managernent Relations Act of 1947, as amended, or any other Sint or Federal statule or regulation, such declaration
shall ip 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 from such illegality,

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

7. Ian 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 convibutions during the period of absence and such
monies shall thereafler be promptly forwarded to the Fund in aceordance with the rules of the Fund. In the evene the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to ull other
requirements in paragraph 2 herein,

8, The Employer agrees to finish such information as may be necessary to enable the Fund to carry owt its duties.

9, Ifa regular employee is absent because of illness or off-(he-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) weeks. Ifa regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employce retums (a
work. However, such contributions shall not be paid fora period of more than 2628

10. All actions snd proceedings commenced or initinted by any claimant, applicant, yer, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any eniployee,
service provider, representative or agent thereof, und all wetions and proceedinys commmenved 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, [nm regard to withdrawal lisbility arbitration
proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American

2


#425. James H. Maly IAC

APPENDIX A
ALBANY REGION LRD/AGC
TEAMSTERS LOCAL 294 (ALBANY)
2012-2016 HIGHWAY-HEAVY WAGE RATE SCHEDULES

Effective July 1, 2012, or for work on which the carryover clause has expired.

Wages Welfare = Pension =» Training —Total

Group | $26.42 $8.44 $7.95 $1.00 $43.81
Group 2 $26.47 $43.86
Group 3 $26.56 $43.95
Group 4 $26.67 $44.06
Group 5 $26.82 $44.21

Effective July 1, 2013, or for work on which the carryover clause has expired.

Wages = Welfare = Pension =» ‘Training =Total

Group 1 $26.67 $9.32 $8.45 $1.00 $45.44
Group2 $26.72 $45.49
Group 3 $26.81 $45.58
Group4 $26.92 $45.69
Group5 ‘$27.07 $45.84

Effective July 1, 2014, or for work on which the carryover clause has expired.

Wages = Welfare = Pension = Training —Total

Group | $26.92 $10.26 $9.00 $1.00 = $47.18
Group 2 $26.97 Te eS
Group 3 $27.06 $47.32
Group 4 $27.17 $47.43
Group 5 $27.32 $47.58

Effective July 1, 2015, or for work on which the carryover clause has expired.

Wages = Welfare = Pension == Training =Total

Group 1 $26.92 $11.31 $9.59 $1.00 $48.82
Group 2 $26.97 $48.87
Group 3 $27.06 $48.96
Group 4 $27.17 $49.07
Group 5 $27.32 $49.22


BBlle

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 afler 10182014 and expire on 10152016 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.

10/15/2014

Effective date of collective bargaining agreement

10/15/2016

Expiration date of collective bargaining agreement

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

13, This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation

Agreement may not be modified except by a writing signed by all parties.

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

LOCAL UNION# 264 EMPLOYER: Yames Desiderio, Inc.

ADDRESS: 39 Tyrol Drive Appress: 550 Bailey Avenue

Cheektowaga, NY 14227 Buffalo, NY 14206
Redacted by the U.S. Department of the Treasury

SIGNATURE;
PRINT NAME: Robert C. Bonilla PRINT NAME: Edward F. Gibbons
PRINT TITLE, Business Representative )
DATE:_ 2/46 /201/

PRINT TITLE: Chief Financial Officer

DATE:

NEW YORK STATE T (gigi E PENSION AND RETIREMENT FUND
151 NORTHERN C 13212
MAILING ADDRESS: NEW YORK 13221-4928

SIGNATURE: pate:__/

REY. 5/2010


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

4, The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with
all rules and regulations of the Fund. In addition. the Employer may contribute to the Fund for employees working outside the
jurisdiction of the collective bargaining agreement in the amvount indicated above. However. if these cmployces are included,
the Employer ayrees to make contributions on all employees in this calegory 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 tong as there shall be a collective bargaining agreement between the Employer and the Union, subject to any
and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing
and receive written approval from the Fund in order to have these non-covered employees included. Such request must
specifically define the category or categories involved.

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

6. nis to made by the Employer. vacation cal of

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the
Employer. of their agents, successors or assigns. against the Fund, the Trustees thereof or any employce, 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 Onondaya, New York or other applicable tribunal located therein except where otherwise
provided herein, In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston,
Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted in Syracuse. New York. In regard to federal district court actions, all such actions shall be commenced and heard in
the United States District Court for the Northem District of New York. The Fund shall not be subject to any
Bricvance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or
proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal
specified herein.

11, This Participation Agreement shall become effective as of the date of execution hereof and the payments provided
hereinabove shall be puyoble from and after 2201/2016 and continue until expiration of the collective bargaining

agreement on [0926/2018 sunicct, however, to the discretion of the Trustees. After expiration of the collective
bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining
agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund a least sixty (60) days advance written notice
by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to

2

REV, 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

(b) The ER ERNG. and Union underitanti ind agree feat the ed anapors: shall be made, sauce ea

sar-neebiial;-onpept-ax ig cltccélion pravided rein 200 aapetenant-tetwert tne Emyplayet atthe Usha taal atoer
trteruleorany olberruleorprouisionofthis-Hurtivipation- Agreement. wraseendaince with the S greet
upert ca AES

(¢) The Employer agrees {6 contribute as follows, not (a exceed the maxinnuim:
Covered Group of Employees (Define) Truck Orvere Halwury ard Mechanics

REHABILITATION
Rates uf Caniribution; Hourly Weekly CONTRACT TYPE: SCHEDULE (attacdvedt)
Effective )2t12018 34499 $138.00 Ups Default
Effective 12 iuzae: 3.6569 $146.28 FREIGHT — National Schedule A
Effective 12/2057 3a763 $155.05 FREIGHT — Area Schedule B
Effective (asuz0%8 4.1088 S164,36 CONSTRUCTION Schedule C
Effective MUNICIPAL Schedule D
Effective OTHER Schedule E
Covered Employees; [i] Barguining C1 Non-Rargaining

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

Formula for Road Drivers Conwrihutions: ‘Towl miles driven in o sour of dury divided by 25 miles per hour
equals hours per trip..

(d) All such payments (o be made to the Fund are to be received by the Fund office on of before the tently (10th)
day of the month following the month in which said monies were acenied, 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 Jo 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, dunmges,
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 puy all arrears duc the Fund together
with liquidated damages ia the sum af ten percent (10%) of the delinquent amount, The late payment of any
delinquency by the Employer shalt noi in any way relieve ii front 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 Bourd of


upon at no extra charge to the Employer, [iy the event it i# found thal the Employer has not fully complied with the Fund rules
and/or provisions of this Participation Agreement, the Employer shall pay the Hil! cost of the audit cut has been performed by
the Pund, tn addition, the Employer shall be responsible as sel forth in this Participation Agreement and the Fund's rules,
reguiations 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
oll rules and regulations of the Fund. In addition, the Employer may cotribule io the Fund for employees working outsiee the
jurisdiction of the collective bargaining agreemem in the amount indicated above, However, if these employees are included,
the Employer agrees to make contibutians on all employees in this category subject to the sane conditions and on the same
basis as ts provided in tis Participation Agreement, and the Employer also agrees ¢o continue to make contributions on all tlkese
employees for as long as (here shall be a collective bargiining agreement between the Employer and the Union, subject to any
and alf rules and regulations or decisions covering this group that are issued by the Fund. ‘The Employer must request in writing
und receive written approyal from the Fund in order to have these non-covered employees included, Such request tmust
specifically define the category or cateyorics involved,

5, Should any of the provisions of this Participation Agreement be dechired 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 cominuity of the rest of the provisions of this Participation Agreement and such provisions are hereby
expressly declared to be saved from such illegality.

6. Paynvents to the Fund must be made by the Employer for all compensable vacation and holiday time up to a muxximen of
one full calendar year.

7. Ion employee is granted a leave of absence, the Employer shall collect from said employee, prior tu the leave of absence
being cficctive, sufficient monies to pay the required contributions during the period of absence and such monies stall
therealler be promptly forwarded to the Fund in accordance with the rules.of the Furd, I ile event the Employer grants a leaye
and does not so comply, (he Employer tust 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 curry out its duties

9, Iw regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions for a period of four (4) weeks. [fa regular employee is injured on
the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such
contributions shall not be paid fora period of more than 52___ weeks.

10, All actions and proceedings commenced or initinved by any claimant, applicant, erployee, participant, the Union or the
Employer, or their agents, successors or assigns, against the Puad, the Trustees thereof or any employee, service provider.
representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employee, panicipant, the Union or the Employer pertaining to the Fund ja any manner, shall be brought mm
We 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 arbitnition proceedings, all such arbitrations shall be initiated in the Boston,
MassacluseUs regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted in Syracuse, New York. [n regard to federal district court actions, all such actions shall be commenced and heard in
the United States District Court for the WNorthorn District of New York, The Fund shall not be subject to any
grievancevarbitration procedure set forily in any collective bargaining agreement, It is specifically ayreed that any action or
proceeding commenced or initiated in any wiher jurisdiction Or venue sul! be transferred to the appropriate court or tribunal
specified herein,

\t. This Participation Agreement shalt bevome effective ms of the date of execution hereof and the payments provided

bereinahove shal tie payable from and after 4/1/15 and continue until expiration of the collective baruaining
agreement on fasts subject, however, to the discretion of the Trustees. After expiration of the collective

bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining
agreement is executed by the Employer and Union untess a) the Trustees terminate the participation of the Employer and
provide wnitien nolice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written qotice
by certified mail with retum receipt requested of jis intent to terminate participation because if ne longer has an obligation to

2
REV, 201407


BYU
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

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

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

Covered Group of Employees (Define) Drivers and Warehouse

REHABILITATION
Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective tasrora $2.3340 $93.96 UPS H Default
Effective 10152015 $2.5266 $101.06 FREIGHT — National Schedule A
Effective FREIGHT — Area (1 Schedule B
Effective [] CONSTRUCTION Schedule C
Effective [J MUNICIPAL Schedule D
Effective (a) OTHER Schedule E

Covered Employees: [) Bargaining ( Non-Bargaining

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

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

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


—_
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

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

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

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

Covered Group of Employees (Define) Warehousemen and Orivers

REHABILITATION

Rates of Contribution: Howly Weekly CONTRACT TYPE; SCHEDULE (attached)
Effective 1w12or $2.7690 $110.76 ups Default
Effective 112015, $2:9490 $117.96 FREIGHT — National Schedule A
Effective 12016 $3.1407 $125,628 FREIGHT — Area Schedule B
Effective CONSTRUCTION Schedule C
Effective MUNICIPAL Schedule D
Effective OTHER 1 Schedule E
Covered Employees: [l] Bargaining (CD Non-Bargaining

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

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

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

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employce benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund's attorneys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above, In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. ‘The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations sect forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the
delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of

1



LI?

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 1/2015 and expire on 12312016 __ 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 cach subsequent collective bargaining agreement.

1/1/2015

Effective date of collective bargaining agreement

12/31/2018

Expiration date of collective bargaining agreement

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

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

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

signatures below. Ciby o
LOCAL UNION# 264 EMPLOYER: Jamestown BPU

ADpRESS: 3° Tyrol Drive PO Box 700

Cheektowaga, NY 14227

Jamestown, NY 14704->

PRINT NAME; Ronald Lucas PRINT NAME: Davin £. Legrdzes
PRINT TITLE; Business Agent PRINT TITLE:___Gewzeas Ysnacee
DATE: La DATE: (2-39-14

NEW YORK STATE TEAMBERE Tienes : PENSION AND RETIREMEN
15] NORTHERN CONCOUBRERTIY 13212
MAILING ADDRESS:  P. NEW YORK 13221-4928 ,

DATE:___ me t/

FUND

SIGNATURE: — 3
EXECUTIVE

REV, 5/2010

ta


Covered Group of Employees (Define) Bargaining Unit_

| 60Monty | 60 Month D8

Rehabititation | Death | (Sos if Total
‘Schoddute |__Benefit__| __Rates of Contribution: __Howriy_elected)) _ Hourly. Weakly
Defizult O| Yes O | Effective 07/01/2012 $7.95 _ $7.95
ScheduleA O| No wm | Effective 07/01/2013 $8.45 $8.45 _
ScheduleB | | Effective 07/01/2014 $9.00 $9.00
ScheduleC  m | | Effective 07/01/2015 $9.59 $9.59.
ScheduleD O| | Effective

SchadileE Of | Effective

Contract Type: UPS 0 Freight-National @ Construction [Municipal 0 Other

Covered Employees: mBargaining 1 Non-Bargaining
Contributions begin on all employees from the first hour of the first day of employment,

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

(d) All such payments to be made to the Fund are ta be received by (he 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 Fimd, but nol 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 shal! 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 duc the Fund together with liquidated
damages jn the sum of ten percent (10%) of the delinquent ammount. The jate 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
und binding, ln the event of failure of the Employer ta comply with any of the niles of the Pund,
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 Find may, at any time, audit the payroll records of any and all employees of the Employer
at a time mutually agreed upon at no extra charge to the Employer, In the event it is found that
ihe Employer has not filly complied with the Fund rules and/or provisions of this Participation

2


the Employer is notified in writing by the Fund that il is delinquent, the Employer must immediately pay the
delinguen( amount fo the Fund. After said payment, the Employer may appeal the Pund’s decision to the Board of
Trustees, whose decision shall he final and binding: In the event of failure of the Employer to comply with any of
the rules of the Pund, 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 lime mutually
agreed upon at no extra charge to the Employer. Ip the event it is found that the Employer has sot fully complied
with the Fund niles and/or provisions of this Participation Agreement, the Employer shall pay the fill cost of the
audit (hat 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 polictes.

4. The Fund shall be open to participation by any group of members belonging to a participating Union thot fully
complies with all rules and regulations of the Fund, In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above
However, if these employees are included, the Employer agrees to make contributions on all employees Wi this
category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrecs to continue to make contributions on all these employees for as long as there shall bea
collective bargaining agreemem 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 recetve written
approval from the Fund in order jo 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 yiolation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute ot regulation, such dectarntion
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 {form such illegality.

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

7. Wan employee is granted a leave of absebce, the Employer shall collvet from said employee, prior to the Jeave of
absence being effective, sufficient monies to pay the required contributions during the period of absence and such
monies shal! thereafter be promptly forwarded to the Fund iq accordance with the rules of the Fund. In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other
requirements in paragraph 2 beret,

8. The Employer agrees to furnish such information as may be necessary to enable (he Fund to carry oul its duties,

9. [fa regular employee is absent because of illness or ofF-thejob injury and notifies ihe Employer of such absence,
the Employer shall continue to make the required contributions for 4 period of fur (4) weeks. Ifa regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to
work. However, such contribullons shall not be paid for a period of more than 4 weeks,

(0, All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or ihe Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustces against any claimunt, applicant. employee, participant, the Union or the Employer penaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or olher applicable

2


se lle

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PATION 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
(hereinafier “Fund”). The Employer, its participating employees, and the Union, as a condition of participation in
this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
hereafter adopted.

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein,
on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual

or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other rule or provision of this Participation Agreement.

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

Covered Group of Employees (Define) Management & Clerical Staff excludes Officers. Sharahaiders. Managara & Family Maermbert)

REHABILITATION
Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective 107152014 $2.3340 $93.36 a UPS 0 Default
Effective 10152015 52.5256 $101.06 FREIGHT — National (CJ Schedule A
Effective (0  FREIGHT- Area LJ Schedule B
Effective (J CONSTRUCTION [J Schedule C
Effective iy MUNICIPAL ial Schedule D
Effective OTHER Schedule E
Covered Employees: [_] Bargaining [) Non-Bargaining

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

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

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

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attomeys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above, In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the
delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision 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 (hereinafler “UnionTM) and Employer,
is the basis for participation in the New York State Teamsters Conftrenee Pension & Retirement Fund (bereinafter “FundTM).
The Employer, its participating employees, end the Union, as a condition of participation in iis Fund, are bound by this
Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of ihe Fund now and/or
hereafter adopted by the Bourd of Trustees,

(b) The Employer und Union understand and agree int the Fund contributions shall be made, as set forth hereiy, on all
employees doing bargaining unit work, irrespective of whether said employees ure full-time, parttime, casual or seasonal,
except us is otherwise provided herein. No agreement between the Employer and ihe Union shall alter this rule of 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) Joeys Brokerage/ Regular/Sales

60) Month DB

Contract Type: [) UPS (71 Freight-National Di Constuetion [] Municipal — [] Other
Covered Employees Bargaining [©] Non-Bargaining

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

Formuls for Road Drivers Comributions: Total miles driven in a iour of duty divided by 25 miles per hour equals howrs
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 sald monies Were accrued, except when otherwise agreed 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 contribute on arty of its employees as specified herein stall make the Employer
Viable for all employee benefit clainis 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 duc the Fund together with liquidated damages in the sum of ten percent
(10%) of the delinquent amount. The late payment of any delinquency by ihe 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, Afler suid payment, the Employer may appeal the Fund's
decision to the Bourd of Trustecs, 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 ane all its participating employecs, at the Fund's sole discretion, shall coase to
paricipate in (he Fund, and (he 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


Ho

contribute by contract of 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 cach successor collective bargaining agreement.

1 ANS
[a/31/18

Effective date of collective bargaining agreement

Expiration date of collective bargaining agreement:

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

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

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

LOCAL UNION# 317 EMPLOYER: 4oeys Brokerage! Regular Sale

ADDRESS: 588 Spencer Sweet ADDRESS; 2100 Park Street
‘Syracuse, NY 13204 Syracuse, NY_ 13208

SIGNATURE:.

PRINT NAME: Soot Farley PRINT NAME:__Daaalid C Cocle
PRINT TITLE: Business Agent PRINT TITLE:___Pves =
DATE: ZA Z SS DATE: Wwe

MM Redacted by the
U.S. Department of
NEW YORK STATE TEAMSURGMECERI AG E PENSION AND RETIREMENT FUND
151 NORTHERN CONCOUR 13212
MAILING ADDRESS: P.q USE, NEW YORK 13221-4928

Vm
DATE: A

SIGNATURE:

EXECUTIVE

REV. 201407


544 |]

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 Norther 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.

Il. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 10152014 __ and expire on 19752916 __*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 cach subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 10/15/2014

10/15/2016

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

LOCAL UNIONH 264 EMPLOYER:James Desiderio, Inc.

AppREss: 395 Tyrol Drive AppReEss: 550 Bailey Avenue

Cheektowaga, NY 14227 Buffalo, NY 14206
Redacted by the U.S. Department of the Treasury

SIGNATUR'

PRINT NAME; Robert C. Bonilla PRINT NAME: Edward F. Gibbons
PRINT TITLE: Business Representative PRINT TITLE: Chief Financial Officer
DATE:__ 42-3 - Zo1rf 7) DATE:_¢% Shed

"E PENSION AND RETIREME
13212

CUSE, NEW YORK 13221-4928
DATE: Ii f, 4

NEW YORK STATE TEBE EI gela ui FUND
151 NORTHERN CON

MAILING ADDRESS:

SIGNATURE:

EXECUT|

REV, 5/2010


Trustees, whose decision shall be final and binding, [np the event of failure of the Employer to comply with any of
the rules of the Fuad, 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 de benefits and all other charges specified
herein.

3. The Pund may, at any time, sudit the payroll records of uny and all employees of the Employer at « time mutually
agreed upolt at no extra charge to the Employer. In the event It Is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer stull pay the full cost of the
audit that has been performed by the Fund, In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund's rules, regulations and/or collection policies,

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all rules and regulations of the Fund, In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of ihe collective bargaining agecement in the amount indicated above,
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided jn this Participation Agreement, and the
Employer also agrees to continue to make contributions on all these employees for as long us there sinll bo a
collective bargaining agreement between the Employer and the Union, subject to any and al} rules and regulations or
decisions covering this group that ure issued by the Pund. 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 violstion of the Lubor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such decluration
shall inno way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
stich provisions are hereby expressly declared to be saved from such ilewality.

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

7. [fan employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions during the period of absence und such
monies shall thereafter be promptly forwarded to the Purid in accordance with the rules of the Fund, In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other

requirements in paragraph 2 herein.
8. The Employer agrees to fiernish such information as may be necessury to enable the Fund to carry out its duties,

9. Ifa regular employee is Absent because of Ulitess or off-the-job injury wid notifies the Employer of such absence;
the Employer shall continue to muke the required contributions for a period of four (4) weeks. [Pa regular employee
is Injured on the job, the Employer shal! continue to pay the required contributions until such employee retums to
work. However, such contributions shall not be paid fora periad of more thun 52___ weeks.

10, All actions and proceedinws connmenced or initiated by any claimant, applicant, employee, panicipant, the Union
or the Exmy , oF their agents, successors or assigns, against the Fund, the Trustees thereof or any employes,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
‘Trustees agdinst any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be bronglit in the appropriate court in the County of Onondaga. New York or other applicable
tribunal located therein except where otherwise provided herein. In regurd to withdrawal liability arbitration
proceedings, all such arbitrations shall be initiated ft the Boston, Massachusetts regionil office of the American

}


Trustees, whose decision shall be final and binding. |h the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer ond all its participating employees, ut 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 ala time mutually
agreed Upon al no extra charge to the Employer. Io the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay ihe full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund's rules, regulations and/or collection polivies.

4, The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all rules and regulations of the Fund. tn addition, the Employer my contribute to the Pund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated abowe-
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 seme basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to muke 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 fram the Fund in order to bave these non-covered employees included, Such pequest must specitivally
define the category or categories involved.

5. Should any of the provisions of this Participation Agreement be declared to be jn Violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
‘such provisions are hereby expressly declared to be saved fron such illegality.

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

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions dering the period of absence and such
moriies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other
requirements in paragraph 2 herein.

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

9. Ifa regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) Weeks, Ifa regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employge reins to
work, However, such contributions shall not be paid for a period of more than £2__ weeks.

10. All actions and proceedings commenced or initiated by any claimant, spplicant, employce, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees agains! 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 Onondagu, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard (o withdrawal liability arbitration
proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American

2


upon ml po extrt charge to the Employer, In the event it is found that the Employer has not fully complied with the Fund rules
and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by
the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules,
Tegulations and/or collection policies.

4. The Pund 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 employces working outside the
jurisdiction of the collective bargaining agreement in the amount indicated above, However, if these employees are included,
the Employer agrees to make contributions on all employces in this category subject to the same conditions and on the same
asia ns is 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 & collective bargaining agreement between the Employer and the Union, subject i any
anid all rules and regulations ar decisions covering this group that are issued by the Fund. The Employer must request in writing,
and recelve written approval from the Fund in order to have these non-covered employees included, Such request must
specifically define the calegory or categories involved.

5. Should any of the provisions of (his Participation Agreement be declared to be in violation of the LaborManagement
Relations Aci of 1947, as amended, of any other State of Federal statule or regulation, such declaration shall in no way impair
the effectiveness or contiquity of the rest of (he provisions of this Participation Agreement and such provisions are hereby
expressly declared to be saved [rom such illegality.

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

7. [fan employee is granted @ leave of absence, the Employer shall collect from said employee, prior to the leave of absence
being effective, sufficient ménies to pay the required contributlons 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 evert the Employer grants.a leave
and does not so comply, the Employer must pay the contributions subject 10 all other requirements In paragraph 2 hereln

A. The Employer agrees to flimish such information as may be necessary to enable the Fund to carry out its doties.

9, If regular employee [5 absent because of illness or offhe-job injury and notifies the Employer of sucly absence, the
Employer shall continue to make the required coruributions for a period of four (4) weeks, Ifa regular employee is injured on
the job, the Employer shall contime to pay the required contributions until such employee returns to work However, such
contributions shall not be paid foro period of more than 82 ___ weeks,

10, All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the
Employer, of (heir agents, successors or assigns, against the Fund, the Trustecs thereof or any employee, scrvice provider,
representative of agerit 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 10 the Fund in any manner, shall be brought in
the appropriate court in the Coumy of Onondaga, New York or other applicable tribunal located therein except where otherwiie
provided herein. In regard to withdrawal liability arbitration procecdings, all such arbitrations shall be initiated in the Boston,
Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings skull be
conducted in Syracuse, New York. In regard to federal district court actions, all such actions shal! be commenced and heard in
the United States Distyict Court for the Norther District of New York. The Fund shall not be subject to any
gricvance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or
7 a aaa io any other jurisdiction or venue shall be transfesred to the appropriate court or tribunal
specified herein,

\1, This Participation Agreement shall become effective as of the date of execution hereof and ihe payments provided
hereinabove shall be payable from and after 4/1/16 and continue until expiration of the collective bargaining,

agresencen:on SINE: niece however, 10 the discretion of the Trustees. Af\er expiration of the collective
bargaining agreement, this Participation Agreement shall continue in Tull force and effect until a successor collective bargaining
agrecment is executed by the Employer and Union unless a) the Trusices terminate the participadon of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fimd al least sixty (60) days advance written notice
by certified mail with retum receipt requested of its intent 10 terminate participation because i} po longer has an obligation to

2

REV. 201407