THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (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) Heavy & Highway Agreement· Southern Tier 

REHABILITATION 

Rates of Contribution: How·lv Weekly CONTRACT TYPE: SCHEDULE (attached) 

Effective ortol/13 · $7.37 au hrs paid D UPS ~ Default 

Effective 07/01114 $7.81 an hrs paid D FREIGHT-National D Schedule A 

Effective 07/01/15 $8.28 all hrs paid 0 FREIGHT- Area 0 Schedule B 

Effective D CONSTRUCTION D ScheduleC 

Effective D MUNICIPAL D ScheduleD 

Effective ~ OTHER 0 Schedule E 

Covered Employees: Iii Bargaining D 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 (I Oth) 

day of the month following the month in which said monies were accrued, except when otherwise agreed by the 

Fund, but not to exceed by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the 

Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages, 

reimbursement to the Fund for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses 

incurred by tile 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 (I 0%) of the delinquent amount. The late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the 

delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 
~ - . Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of 

the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

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

agreed 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 Agreement and the Fund's rules, regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully 

complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for 

employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above. 

However, if these employees are 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 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 Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration 

shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made 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 from said employee, prior to the leave of 

absence being effective, sufficient monies to pay the required contributions during the period of absence and such 

monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the 

Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other 

requirements in paragraph 2 herein. 

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

9. If a regular employee is_absent...because of illness .Dr off-the=.j,n!Linj.ucy_and .. notifies_tbe-EI"uployer-of..such-absem;e, 

the Employer-shaH-eontinue-to-make-the-reqtrired-eont-ributions-for-a-periocl-of-fet:tfL{4-)-weeks. If a regular-employee 

is injured-en--the-jelr,-the-E-mployet shall continue to pay ttre-reqoited co11lt ibotions-unt+l-sueh-empleyee-r-eturns-to 

work:-However,such-contrrbutions-shall-not-be-paid-for-a-perioEI-ofmore-than weeks. 

I 0. 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 behalf of said 

Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in 

any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable 

tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration 

proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American 

2 
OqJ 

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. 

II. This Participation Agreement shall become effective as of the date of execution hereof and the payments above 

provided shall be payable from and after 7/1/13 and expire on 06/30/16 .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 _0_7_1_11_1_3 _ ___ _ _ _ _ _____ _ _ 

Expiration date of collective bargaining agreement _0_6_/3_0/_1_6 ___ __________ _ 

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

Union are signatory to a current Participation Agreement. 

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all 

prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation 

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

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

signatures below. 

LOCAL UNION# 317 

-------------------- EMPLOYER: Heavy & Highway Agreement 

E.coNorn y PfJi/tl1f. 

ADDRESS: 566 Spencer Street 

·~ 

SIGNATU 

Redacted b> the {; S Department of th~ 

0 Ttea utY 

PRINT NAME: Duane E. Wright 

•rn_...,,rac-jdent 

NEW YORK STATE TEAM 

151 NORTHERN CONCOU 

MAILING ADDRESS: 

REV. 5/2010 

Southern Tier 0 

ADDRESS: 1819 NY Route 13 

Cortland, NY 13045 

SIONATU 

PRINT TITLE: \)y--e s\ c\.t (") 

\0 I .) 0 I'? 

' 

PENSION AND RETIREMENT FUND 

13212 

NEW YORK 13221-4928 

DA TE: ----:t~'--r--+{J_{) _ _ _ 

3 
~ece ived:o~m64U2 05/27/2016 00:23 FAX 607?564742 Kay 21l01b 0~: ~4am P004 

ECOHOUVPAV!HGCO . 

ONONDAGA COUNlY 

EFFEC'nVE APRil11 2016· MARCH 311 2.018 

ABDCLE 16 - WAGE RATES 

The wag!! rate for employees covered by this Agn!emant shall start the first full payroll parlod baginninB on or after the 

effective d3te as follows: 

Group 1 

Group2 

WI». 

$23.36 

$23.56 

il.1JJ:J. 

$23.91 

$24.11 

GROUP 1: Warehousemen, Yardmen, Truck Helpers, Pickups, Panel Trucks, Flatboy Material Trucks (straight jobs), Single 

Axle Dump Trucks, Dumpsters, Material Checkl!rs !nd 1\ecel'll!rs, Greasers, Truck 'Tiremen, Mechanic Helpers, Parts Chaser, 

Tandems and Batch Trucks, Mechanics, Dispatcher, Semi-Trailers, Low-boy Trucks, Asphalt Distributor Trucl<s, Agitator, 

Mixer Trucks and dump crete type vehicles, Truck Mechanic and Fuel Truck. 

GROUP 2: Speclaliled Earth Moving Equiprneot-t;uclid Type, or .similar off·hlghway equipment, where not self-loaded, 

Straddle (Ross) carrier, and self·contalned concrete mobile unit. Off·Hishway Tandem Bacl<-Dump Twin Engine Equipment 

and Oouble-Hitt:hed Equipment w hel'"e not self-loaded. 

ARTICLE 21 HEALTH AIIID WlilJ:AR,&: 

The Employer agrees to partlclp&te In the New York State Teamsters Council He 3Ith and Hospital Fund for each employee 

covered by this Agreemer1t within the jurisdiction ofthe Teamsters local317, and abide by the rules of said Fund set forth 

In the signed Participation Agreement. The employer agrees to contribute the following rates for all hours paid as follows! 

~ 

$14.10 

§JJJJ.Z 

$14.80 

AU Employers who have not signed the applicable stipulation required will sign the applicable stipulation at tile pre-Job 

conference prior to commencement of work. Failure to sign said stipulation shall inv81idate tne no-strike clause!. 

ARTIClE 22 PENSION 

!IJ11Ji mLJ.Z 

$8.36 S8.86 

The Employer agrees to contribute the following sums for all hours pald, to any and Bit employees, into th" New York State 

Teamsters conference Pension and Retirement Fund. The employer agrees to sign the standard Fund Participation 

Al;reement a' required by the Fund Trustees. 

Group l 

Group l 

UNIQNpues 

§JJJJ.§ 

sse 

~59 

A§ BEEP TO AND SIGNID 

§/JJJ.l. 

SGO 

$60 

v 
.,-· ' ..... ~ 

/ 

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tb.v;~j *- 87~· 

/, 05/27/2016 08 : 23 FAX 6077564 742 

/ 

141003/004 

l'4Y lJ ~U 6 08:54al 

SOUTHIRN l1ER ~ROOME COUI'fTY ~02/004 

EFFEcrtVE JULY 1, 201&. JUNE 30, 2011 

ARJiaE 16 - WAGE RATES 

The wage rate for employees covered by this Agreement shall start the first full payroll period beginning on or after the 

effective date as follows: 

Group 1 

Group2 

1lJJJ.i. 

$23.94 

$24.14 

7/1/17 

$24.46 

$24.66 

GROUP 1: warQhousemen, Yardmen, Truck Helpers, PICkups, Panel Trucks, Flatboy Material Trucks (straight jobs), Single 

Axle oumpTrucks, Dumpsters, Material Checkers and R.ecetvers, Greasers, Truek Ttremen, Mechenlc Helpers, Parn Chaser, 

Tandems and Batch Trucks, Mechanics, Dispatcher, seml-Trallers, Low-boy Trucks, Asphalt Distributor Trucks, Agitator, 

Mixer Trucks and dumpcretc type vehicles, Truck Mechanic and Fuel Truck. 

GROUP Z; Specialized Earth Moving Equipment-Euclid Type, or similar off-highway r:qulpment, where not self-loaded, 

Straddle (Ross) Carrier, and 5elf·contalned concrete mobile unit, OfMilghwavTendem Back-Dump Twin Enslne Equipment 

and Oouble·Hitched Equipment whero not self-loaded. 

ARTIClE j2j HEAlTH ~D WUFAR£ 

The Employer agrees to participate in t he New York State Teamsters Counc:ll Health and Hospital i=und for each employee 

covered by this f\srument within the Jurisdiction of the Teamsters loc:al317, and abide by the rules of said Fun~ $0t forth 

in the signed Participation Agrl!ement. The employer agrees to contribute the foUowing rates for all hours paid as follows: 

1lJ1JJ. 

$13.20 

7/1/17 

$13.95 

All Employers who have not signed the applicable stipulation required will sign the applicable stipulation qt the pre-job 

conference prior to comrnencement of work. Failure to sign said stipulation shall Invalidate the no-strike! elause. 

ARTICLE 22 PENSION 

J1JJJ.i 'l11l1Z 

$7.95 $8.43 

The Employer ugrces to contribute the following sums for oil hours paid, to any and all emplovees, Into the New York State 

Teamsters Conference Pension and Retirem~rrt Fund. The employer agrees to sign the standard Fund Participation 

Agreement IS required by the Fund Trustees. 

Group 1 

Group 2 

UNION DUE$ 

~ 

$60 

$60 

AGREED TO AND SIGNeD 

Z11111 

$61 

$62 

./ 

I) 
THE 1\"E\:V YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEl\'IENT 

l. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter "Union") ~md 

Employer, is the basis for pa1ticipation in the New York State Teamsters Conference Pension & Retirement Fund 

(hereinafter "Fund"). The Employer, its pat1icipating employees, and the Union, as a condition of participation in 

this Fund, are bound by this Pa11icipation 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 aU employees doing bargaining unit work, inespective of whether said employees are fi.tll-time, part-time, casual 

or seasonal, except as is othenvise provided herein. No agreement between the Employer and the Union shall alter 

this mle or any other mle or provision of this Pru1icipation Agreement. 

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

Covered Group of Employees (Define) _E_LD_ER_LE;_E:...... , IN_c;_. --------------------

60 Month 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Default D Yes 

Schedule A D No 

Schedule B 0 

Schedule C D 

Schedule D 0 

Schedule E 00 

O Effective _11_112_o_1s ___ _ 

[!] Effective 1/1/2016 

------ Effective 11112011 

Effective 

Effective 

Effective 

------

60MonthDB 

($.05 if Total 

Houri elected) Homl 

2.60 2.60 

2.81 2.81 

3.04 3.04 

Contract Type: OUPs 0 Freight-National 0 Constmction 0 Mtmicipal 

Covered Employees: ~ Bargaining 0 Non-Bargaining 

Contributions begin on all employees fi-om the flrst hom of the first day of employment. 

Weeld 

104.00 

112.40 

121.60 

~Other 

F01mula 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 Ftmd are to be received by the Fund office on or before the tenth (1Oth) 

day of the month following the mouth in which said monies were accmed, except when othenvise agreed by the 

Ftmd, but not to exceed by the end of the same month due. 

2. Failure on the pa1t of the Employer to timely contribute on any of its employees as specified herein sballmake the 

Employer liable for all employee benefit claims which ru·e incuned dming the period of delinquency, damages, 

reimbmsemeut to the Fund for the Ftmd's attomeys' fees, auditors' fees, comt costs, disbursements and expenses 

incun·ed by the Fund in recovering the above. In addition the Employer must pay all atTears due the Fund together 

with liquidated damages in the smu 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 Ftmd that it is delinquent, the Employer must immediately pay the 
delinquent amO\mt to the Ftmd. After said payment, the Employer may appeal the Flmd's decision to the Board of 

Tmstees, whose decision shall be fmal and binding. In the event of failnre of the Employer to comply with any of 

the mles of the Ftmd, the Employer and all its pat1icipating employees, at the Fund's sole discretion, shall cease to 

participate in the Ftmd, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Ftmd 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 fatmd that the Employer has not fully complied 

with the Fund mles and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the 

audit that bas been perfonned by the Fund. In addition, the Employer shall be responsible as set f011h in this 

Pm1iciplltion Agreement and the Fund's rules, regulatious and/or collection policies. 

4. The Fund shall be open to pru1icipation by any group of members belonging to a p;u1icipating Uuion that fully 

complies with all mles 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 in this 

category subject to the same conditions and on the same basis as is provided in tl1is Pm1icipation Agreement, and the 

Employer also agrees to continue to make conflibutious on all the e employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all mles 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 Pruticipation Agreement be declared to be in violation of the LaborManagement 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 Pruticipation Agreement and 

such provisions are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a 

maximum of one full calendru· yeru·. 

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 dtu·ing the period of absence and sucb 

monies shall thereafter be promptly forwarded to the Fund in accordance with the ru_les of the Ftmd. 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 infonnation as may be necessmy to enable the Fund to cany out its duties. 

9. If a regulru· employee is absent because of illness or off-the-job iujmy and notifies the Employer of such absence, 

the Employer shall continue to make the required contributions for a period of folD' ( 4) weeks. If a regular employee 

is injured on the job, the Employer shall continue to pay the required contributions until such employee retums to 

work. However, such confl·ibutions shall not be paid for a period of more than _4 __ weeks. 

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Uuion 

or the Employer, or their agents, successors or assigns, against the Ftmd, the Tmstees thereof or any employee, 

service provider, representative or agent thereof, and all actions and proceedings collllnenced by or on behalf of said 

Trustees against ru1y claimant, applicant, employee, participant, the Union or the Employer per1aining to the Ftmd in 

any manner, shall be brought in the appropriate cotut in the Cmmty of Onondaga, New York or other applicable 

tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration 

2 
. . 

proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American 

Arbitration Association and all hea1ings and related proceedings shall be conducted in Syracuse, New York. In 

regard to federal dishict comt actions, all such actions shall be cotlllllenced and beard in the Unjted States District 

Com1 for the Nmthem Dish·ict of New York. It is specifically agreed thnt any action or proceeding commenced or 

initiated in any other jmisdiction or venue shall be transferred to the appropriate comt or ttibtmal specified herein. 

11. TI1is Participatiou Agreement shall become effective as of the date of execution hereof and the payments above 

provided shall be payable fi·om aucl after 1/1/2015 and expire on 12131/2017 .This agreement shall continue iu full 

force and effect for tile same teru1 as tbe collective bargaining agreement. A new Participation Agreement must be 

signed and submitted for each subsequent collective bargaining agreement. 

Effective date of collective bargaining agreement _J_A_N_U_A_R_Y_1_,_2_0_15 __________ _ 

Expiration date of collective bargaining agreement DECEMBER 31, 2017 

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

Union are signatory to a current Participation Agi·eemeut. 

13. This Patticipation Agreement represents the entire agreement and understanding of the parties and supersedes all 

prior or coutemporar1eons agreements or understandings, whether oral or written. As sucb, tills Pat1icipation 

Agreement may not be modified except by a writing sigued by all par1ies. 

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

signatures below. 

LOCAL UNION# 118 

--------------------------

ADDRESS: 130 METRO PARK 

ROCHESTER,NY14623 

Red•rt~d bY the l" 5 D~pntment ot the Tt.,.surr 

SIGNATURE 

PRINT NAME: DAVID WEILERT 

PRINT fiLE: BUSINESS AGENT 

DATE·.~~~~~~~--------~~~---

EMPLOYER: ELDERLEE, INC. 

ADDRESS: 729 CROSS ROAD 

OAKS CORNERS, NY 14518 ,__ ' R~dacted b' th~ 1." 5 D~pattment ot the Treasurr 

SIGNATURE 

PRINT NAME: PAUL STRAIN 

PRlNT TITLE: VICE-PRESIDENT 

DATE: __ --4.\ )+:z..;~;L--~.p\~~:.__ ____ _ I I 

NEW YORK STATE TEAMSTERS 

151 NORTHERN CONCOURSE, 

PENSION AND RETIREMENT FUND 

13212 

MAILING ADORES 

SIGNATURE: _ _ 

EXECUfNE ADMINISTRATOR 

REV. 1/2012 

NEW YORK l3221-:(/1t _/' 

DATE: fin If 

I J 

3 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSI ON AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agrccmcm, executed by the undersigned Teamsters Local Union (hereinafter "Union") and Employer, 

is the basis for participation in the New York Sratc 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 1\grcement, 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 found contributions shall be made, as set forth herein, on all 

employees doing bargaining unit work, irn:spcctivc of whether said employees arc full-time, part-time, casual or seasonal, 

except ilS is otherwise provided hc.:rcin. 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: 

Empire Merchants North LLC- Full-Time Employees Only 

Covered Group of Employees (Deline)------ ·- --------- - ----------

60 Month 60 Month DB 

Rchahilitatiun Ucuth ($.05 if Total 

Schedule I3cncfit Rates of Contribution: Hourly elected) Hourly Weekly 

Default 0 Yes 0 Effective 4/\116 $5 396 SS396 $215 84 

Schedule A 0 No ~ Effective 411117 ss 840 $S.840 $233 GO 

- ----- Schedule B 0 Effective 4/1/18 $6.322 $6.312 $252.68 

Schedule C 0 Effective 

ScheduleD 0 Effective 

Schedule E ~ Effective 

Schedule G 0 ' Effective 

Contract Type: Q UPS 0 Freight-National 0 Construction 0 Municipal 0 Other 

Covered Employees: 0 Oargaining 0 Non-Bargaining 

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

Formula lor Roild 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 maJe to the fund arc to be received by the Fund office on or before the tenth (lOth) 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 or the same month due. 

2. Failure on the part or 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, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pC!y all arrears clue the Fund together with liquidated damages in the sum of ten percent 

(I 0%) 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 immediatdy 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 linal and binding. In the event of failure of the Employer to comply 

with any or the rules or 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 lo r all the benefits and all other charges specified herein. 

3. The Fund muy, at any time, audit the payroll records of any and al! employees of the Employer at a time mutually agreed 

I 

REV. 20 1407 
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 aud it 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 participati on by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are 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 Agrcemenl, and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject 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 wrillen approval from the Fund in order to have these non-covered employees included. Such request must 

specilically define the category or categories involved. 

5. Should any of the provisions of this Pa11icipation Agreement be declared to be in violation of the Labor-Management 

Relations Act or 1947, as amended, or any other State or f-ederal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the re~t of the provisions of this Participation Agreement and such provisions are hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a ma'Ximum of 

one full calendar year. 

7. If an employee is granted a lt!avc of absence, the Employer shall collect from said employee. prior to the leave of absence 

being effective, suffki~nt monit!s to pny the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

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

9. If a regular employee is :1bsent 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. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a rcriod of more than _a __ weeks. 

10. All actions and proceedings commenced or initiated by 11ny claimant, applicant, employe(!, participant, the Union or the 

Employer, or their agents, succes~:ors or r-~ss igns, against the Fund, the Trustees thereof or any employee, service provider, 

representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachusetts regional office or 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 Di~1rict Court for the Northem District of New York. The Fund shall not be subject to any 

grievance/arbitration proccdurl' set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other j urisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

I I. This Participation Agreement shall become cJTcctive as of the date of execution hereof and the payments provided 

hereinabovt: shall be payable from and after 1

411116 and continue unti I expiration of the collective bargaining 

agreement on 1

3131119 subjl!ct, however, to the discretion of the Trustees. After expiration of the collective 

bargaining agreement, this Participation Agreement shall continue in full Ioree and effect until a successor collective bargaining 

agreement is cxccmed by the F.mploycr and Union unless n) the Trustees tenninate the participation of the Employer and 

provide wrinen notice ofthc date oftennination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with rctum receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 20 1407 
contribute by contract or statute, c) the date the NLRB ce rtifi es 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 l!ffcct 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 submiued fo r each successor collective bar ainin a reemenl. 

Effective date of collective bargaining agreement: '--,:::"'"'"'========= ============-~ 

Expiration date of collectivt bargaining agreement: :....13_!_3_11_1_9 _ _______________ _ _ _ ___ __. 

12. The ~mp oyer 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 n 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 partie~ hereto have caused this Panicipation Agreement to be executed on the date shown by each of their signatures below. 

LOCAL UNION/I 31 7 __ 

ADDRESS: 565 SpenccrStre_c_t __ 

Syracuse. NY 13204 

SIGNAT IU.~ 

edacted b'C th• l" S Department ot th• -

lf'aSl.l.IT 

PRINT NAtviE: Tirn BeVard 

---- PRINT TlTL E: Ousincss AgP.nl 

DATE: ___ _______ _ 

NEW YORK STATE TEAMSTERS 

151 NORTHERN CONCOURSE, 

MAILING ADDRESS: 

REV. 201 407 

EMPLOYER: Empire Merchants North LLC 

SIGNATURE· 

PRINT NAME:~'-'--"-U:....:-~ ::..::::.. ()1., ::::.....:. _ ___ _ _ 

PRINT TITLE: Cb-u -- -----------------------

DATE: &/ ~vt W l 1,1 

E PENSION AND RETIREMENT r:UND 

DATE: 

13221 -4"'-1#--- W YORK 

3 
ApJ:-.mdix B 

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, 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. 

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

Covered Group of Employees (Define) Escro Transport, L TO - Warehouse 

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default 0 Yes 0 Effective 08/01/20ii 1.6560 $66.24 

Schedule A 0 No !!] Effective 08/01/201, 1.7636 $70.54 

Schedule B ~ Effective 08/011201[ 1.&782 $75.13 

Schedule C 0 Effective 08/01/2016 2.0003 $80.01 

ScheduleD 0 Effective 

Schedule E 0 Effective 

Schedule G 0 Effective 

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

Covered Employees: !!] Bargaining 0 Non-Bargaining 

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

FomlUla 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 (I Oth) 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 aJI 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 often percent 

(I 0%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

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

I 

REV. 201407 
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 Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are 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 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 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. 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 from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

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

9. If a 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. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than _ 4_ weeks. 

I 0. 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 behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in 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 Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or 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 a able from and after Joa/011

2015 and continue until expiration of the collective bargaining 

agreement on 07/31/

2019 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 unless a) the Trustees tenninate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 20 1407 
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 Pa1iicipation 

Agreement must be signed and submitted for each successor collective bar ainin a reement. 

Effective date of collective bargaining agreement: =-;::u=g=u=st=1='=2=0=1=5== ==== ==== ==== ===--! 

Expiration date of collective bargaining agreement: I:.....J_u_ly_3_1_•_2_0_

1_9 _____ _ ____________ _, 

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

signatory to a current Participation Agreement. 

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or 

contemporaneous agreements or understandings, whether oral or written. As such, this Participation Agreement may not be 

modified except by a writing signed by all parties. Further, to the extent there exists any conflict between any provisions of this 

Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control. 

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

LOCAL UNION# _4_4_9 --- ---- ---

SIGNA 

DA 

NEW YORK STATE 

151 NORTHERN 

MAILING A 

SIGNATU 

REV. 20 1407 

EMPLOYER: Escro Transport, Ltd. 

SIGNATURE: 

PRINT TITLE:_P_re.,...s_id_e_n_t - ----------

DATE: _ __,.._""~-~d '--S.+/_._J..._("' ______ _ I I 

3 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (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, 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. 

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

Escro Transport, L TO - Drivers #1692 

Covered Group of Employees (Define)-------- - ------------ - ----

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default 0 Yes 0 Effective Q&/011201~ 1.6560 $66.24 

Schedule A 0 No ~ Effective 08/011201b 1.7636 $70.54 

Schedule B [!] Effective 08/011201, 1.8782 $75.13 

ScheduteC 0 Effective 08/01120~ 2.0003 580.01 

Sch.edule D 0 Effective 

Schedule E 0 Effective 

Schedule G 0 Effective 

Contract Type: OUPS 0 Freight-National 0 Construction 0 Municipal [!]Other 

Covered Employees: ~ Bargaining 0 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 t11e Fund are to be received by the Fund office on or before the tenth (lOth) day of the 

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

by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent 

(10%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of 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 

I 

REV. 201407 
upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the F'und rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a pa11icipating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are 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 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 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. 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 from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

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

9. If a 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. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than _4_ weeks. 

I 0. 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 behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in 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 Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal 

specified herein. 

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

hereinabove shall be payable from and after loa/011

2015 and continue until expiration of the collective bargaining 

agreement on 1°7131 1

20 19 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 unless a) the Trustees terminate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
contribute by contract or statute, c) the date the NLRB certifies the results of an election that terminates the Union's 

representative status or, d) the date the Union's representative status terminates through a valid disclaimer of interest. The 

Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the 

Union and such payments shall be made in accordance with the rules and regulations of the Fund. A new Participation 

Agreement must be signed and submitted for each successor collective bargain in a reement. 

Effective date of collective bargaining agreement: '--;;:u;:;:;g;:;:;u;:;:;st:::;;1;:;:;,;:;:;2;:;:;0;:;:;1;:;:;5=================---! 

Expiration date of collective bargaining agreement: :....IJ_u_IY_3_1_•_2_0_1_9 ___ _______________ __. 

12. 1l1e Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the Union are 

signatory to a current Participation Agreement. 

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or 

contemporaneous agreements or understandings, whether oral or written. As such, this Participation Agreement may not be 

modified except by a writing signed by all parties. Further, to the extent there exists any conflict between any provisions of this 

Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control. 

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

LOCAL UNION# 449 

---------------- EMPLOYER: Escro Transport, Ltd. 

SIGNATURE: 

PRINT PRINT NAME:._D_on_a_td_ Es....:.p_is_it_o _ ___ _ _ 

PRINT TITLE:_P_r_es_id_e_n_t _ _ --::--r---,------

DATE: ----~~~;:_;z~,L_r _ _ _ I I 

PRINT TITLE:Vice President 

DATE: 0 ~:J--.-f -, .S_r-_______ _ 

PENSION AND RETIREMENT FUND 

''"'"- uuE, NY 13212 

CUSE, NEW YORK 13221- 492~,...---

DAT~ I A ===-----

3 

REV. 201407 
.. .' . "\ 

, .. 

LLc_, 

ARTICLE 25- PENSION 

25.1 Each Employer, signatozy to this Agreement must sign the applicable stipulation 

required by The New York State Teamsters Conference Pension and Retirement Fund. The 

stipulation will be incorporated into this contract and considered a part of the Labor Agreement. 

All Employers who have not signed the applicable stipulation required will sign the applicable 

stipulation at the pre-job conference p1ior to commencement of work. Failure to sign said 

stipulations shall invalidate the no-strike clause. 

25.2 Effective July 1, 2008 the Employer agrees to contribute the sum of six dollars and 

fifteen cents ($6.15), effective July 1, 2009, six doJlars and forty-five cents ($6.45) effective July 1, 

2010, six dollars and seventy-five cents ($6.75) and effective July 1, 2011, seven dollars and fifteen 

cents ($7.15) per actual hour paid to any and all of its employees covered by this Agreement 

working withln the jurisdiction ofLocal294 to The New York State Teamsters Conference Pension 

· and Retirement Fund on or before the 15th day of the month following that month in which said 

monies accrued 

25.3 In the event that an employer obligated to make contributions pursuant to this Article 

fails to remit the monies accmed on or before the 15th day of the month folloWing the month in 

which said monies accrued, then in such event the provisions of subsequent sections below shall be 

in :full force and effect with respect to that job. 

25.4 Pension Fund: 

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 11Union") 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 IUle or provision 

of this Participation Agreement. 

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

22 
Covered Group of Employees (Define) Bar=g""a=in=i=n"'-g-"U=ru=·t'----------- - -

I 60Month I 60 Month DB 

Rehabilitation I Death I ($.05 if Total 

Sched!,!le I nefit I Ri!te:i of Contribution: Hourl:i elected) Holld:i Wggkl:i 

Default ol Yes 0 I Effective 07/01/2012 $7.95 $7.95 

Schedule A ol No Ill I Effective 07/01/2013 $8.45 $8.45 

ScheduleB ol I Effective 07/01/2014 $9.00 $9.00 

Schedule C •I I Effective 07/01/2015 $9.59 $9.59 

ScheduleD ol I Effective 

ScheduleR ol I Effective 

Contract Type: 0 UPS 0 Freight-National • Consb.uction 0 Municipal 0 Other 

Covered Employees: • Bargaining 0 Non-Bargaining 

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

Formula for Road Drivers Contributions: Total miles chiven 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 (1Oth) 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 incun·ed 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 1·ecovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated 

damages in the sum of ten percent (1 0%) of the delinquent amount. The late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set f011h 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 Tmstees. whose decision shall be final 

and binding. In the event of failure of the Employer to comply with any of the rules of the Fund, 

the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other 

charges specified herein. 

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer 

at a time mutually agreed upon at 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 

23 

.,. · .... r 
·. .,. 

INDIVIDUAL EMPLOYER 

In consideration of the time, efforts, and sums expended by the Union, the Labor Relations 

Division and the Employer in the negotiation· of the foregoing contract, in consideration of the 

similar time, effort and sums expended and to be expended in its administration, and further 

consideration of the mutual promises and obligations of the Union, the Labor Relations Division 

and its member contractors, and Employers, the undersigned individual employer agrees: 

1. That he (it) has read the foregoing collective bargaining Agreement, dated April 1, 2012, 

and agrees, as an individual employer to be bound by each and all of the terms, conditions and 

provisions thereof and also agrees to be bound by the interpretations and enforcement of the 

Agreement. He (It) :further agrees to furnish both the Labor Relations Division and the Union with 

signed copies of this Agreement. 

2. That he (it) waives the light to name or pru:ticipate in the selection of any management 

trustee to any and all jointly trusteed funds provided for in said Agreement, further agrees to accept 

the trustees now named to these Funds as his designated tmstees, and agrees to be bound by the 

provisions of the 1J.ust indentures creating the respective Funds. 

By· 

NOTE: This page to be 

An Authorized Officer, Title 

filled out in duplicate 

and one co~ forward totO 

P..a. 6~~ oo~ Firm $treet Addres 

$ c.J-vt..J-r:; L/"'1j.r= ""f / 23<, y 

City and State 

3-tCo·:: · ~Yz ( 

Telephone Number v 

Local Union: ---------------------- By: -------------------------------- Authorized Representative 

294 Agreement2012-2016 

33 

and one copy f01ward to: 

Labor Relations Division 

Associated General 

Contractors of 

New York State, LLC 

10 Airline Drive, Suite 203 

Albany, NY 12205 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (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, 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 arc 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: 

First Transit Inc. Mechanics Group B #7685 (Hired on/after 8/1/2006) 

Covered Group of Employees (Define)--------------------------

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default Ill Yes 0 Effective January 1. 2016 4.38 4.38 175.19 

Schedule A 0 No (!] Effective January 1, 2017 4.64 4.64 185.70 

ScheduleD 0 Effective January 1, 2018 4.92 4.92 196.85 

Schedule C B Effective 

ScheduleD Effective 

Schedule E 0 Effective 

Schedule G 0 Effective 

Contract Type: 0UPS 0 Freight-National 0 Construction 0 Municipal (!]Other 

Covered Employees: (!] Bargaining 0 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 arc to be received by the Fund office on or before the tenth (lOth) 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 arc incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent 

(10%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

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

1 

REV. 201407 

J 
upon at no extra charge to the Employer. ln the event it is found that the Employer has not fully complied with the Fund rules 

and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees arc 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 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 arc issued by the Fund. The Employer must request in writing 

and receive written approval from the Fund in order to have these non-covered employees included. Such request must 

specifically define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management 

Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all 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 from said employee, prior to the leave of absence 

being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

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

9. If a 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. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than~ 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 behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in 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 Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or 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 a able from and after jJanuary 1• 2016 and continue until expiration of the collective bargaining 

agreement on December 31 • 2 0 18 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 unless a) the Trustees terminate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 2 01407 
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 

Agr~~:mcnt must be signed and submiucd for each r-su.;;..c;;.;c;.;.e.;;;..ss;;.;o;.:.r....;c;.;. o.;.;ll.;;;.. ec;;.;t;;..iv....;e __ b;...;a.;.;. . rliil.a;.;.;i.;.; n.;.;in.;>;2..=.;..;;.;.;.;.;;.;.;.;.;... _______ _ 

Effective date of collective bargaining agreement: :....,::a=n=u=a=ry=1 ·=2=0=1=6==================----'-

Expiration date of collective bargaining agreement: :....lo_e_c_e_m_be_r_3_1 ,_2_0_1_8 _________________ -..:. 

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the Union arc 

signatory to a current Participation Agreement. 

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or 

contemporaneous agreements or understandings, whether oral or written. As such, this Participation Agreement may not be 

modified except by a writing signed by all parties. Further, to the extent there exists any conflict between any provisions of this 

Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control. 

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

LOCAL UNION# 5_2_9 __________ _ 

ADDRESS: 129 E Chemung Place 

Elmira, NY 14904 

Redacted b.- the L" 5 Depallm•nt ot the Treas 

SIGNATURE: 

PRINT NAME: Richard Dexter -------------------------------- PRINT 

DATE -------~=u~ ~-.r

NEW YORK STATE TEAMST 

151 NORTHERN CONCOU .... v ,J vu 

MAILING ADD 

REV. 201407 

EMPLOYER: First Transit Inc 

Chemung Transit 

ADDRESS: 1201 Clemens Center Parkway 

Elmira, NY 14901 

SIGNATURE: 

edacted b.- th• l" 5 D•pattment of the Treasurr 

~ 

PRINT NAME: .ibm ~ tft, barMMU 

PRINT TITLE: f17Tf.t?-T IJaflld(J<r 

DATE: sjt~/1 £, 

3 
.. 

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (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 (hereinatler "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. 

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

First Transit Drivers and Bus Aides (Chemung County Transit) 

Covered Group of Employees (Define)--------------------------

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default 0 Yes 0 Effective January 1, 2016 2.22 2.22 86.82 

Schedule A 0 No [!] Effective January 1, 2017 2.37 2.37 94.81 

Schedule B 0 Effective January 1 , 2018 2.53 2.53 101.21 

Schedule C [!] Effective 

ScheduleD 0 Effective 

Schedule E D Effective 

Schedule G D Effective 

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

Covered Employees: [!] Bargaining 0 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 arc to be received by the Fund office on or before the tenth (lOth) 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 arc incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent 

(10%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

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

1 

REV. 201407 
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 Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are 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 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 arc issued by the Fund. The Employer must request in writing 

and receive writlen approval from the Fund in order to have these non-covered employees included. Such request must 

specifically define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management 

Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair 

the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions arc hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to 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 during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

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

9. If a 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. If a regular employee is injured on 

the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than~ 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 o r agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in 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 Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or 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 a able from and after JJanuary 1 • 2016 and continue until expiration of the collective bargaining 

agreement on December 31 ' 2018 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 unless a) the Trustees terminate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
contribute by contract or statute, c) the date the NLRB certifies the results of an election that terminates the Union 's 

representative status or, d) the date the Union's representative status terminates through a valid disclaimer of interest. The 

Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the 

Union and such payments shall be made in accordance with the rules and regulations of the Fund. A new Participation 

Agreement must be signed and submitted for each successor collective bar a in in a reement. 

Effective date of collective bargaining agreement: ~a=n=ua=ry=1 =2=0=1=6==== ==== === ===----' 

Expiration date of collective bargaining agreement: :....lo_e_c_e_m_b_e_r_3_1_,_2_0_1_8 _ _ _ _ _ ________ _ _ _ .........., 

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. 

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

LOCAL UNION# 52_9 _ ___ _______ _ 

ADDRESS: 129 East Chemung Place 

Elmira. NY 14904 

PRINT TIT~~ .. ------.!.--- ~--- -+...:::.... __ _ 

DATE: _ __ ---==-r-:--=-f-!-..>G----,'-- - -+-- ---

EMPLOYER: First Transit, Inc. 

• I I • 

SIGNATURE: 

... Redacted by the U S Depa1 tment of the 

Treasurr 

PRINT NAME: :fa WI .ez tfl , Wlf'/1\d. A/ 

PRINT TITLE: Dt'sU'(LL tffdddfj'er 

DATE: ~~~ 

NEW YORK STATE 

151 NORTHERN CO 

MAILING ADDRESS: 

PENSION AND RETIREMENT FUND 

E, NY 13212 

NEW YORK 13221- 4928 

3 

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 "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, 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. 

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

First Transit Inc. Mechanics Group A #7681 (Hired on/before 7131/2006) 

Covered Group of Employees (Define)---------- - ----------------

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default 0 Yes D Effective January 1, 2016 4.45 4.45 178.08 

Schedule A 0 No [!] Effective January 1, 2017 4.80 4.80 191.89 

Schedule B D Effective January 1, 2018 5.17 5 .17 206.76 

Schedule C 0 Effective 

ScheduleD ~ Effective 

Schedule E 0 Effective 

Schedule G 0 Effective 

Contract Type: OUPS 0 Freight-National D Construction 0 Municipal (!]Other 

Covered Employees: [!) Bargaining 0 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 (lOth) day of the 

month following the mo nth in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed 

by the end of the same month due. 

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer 

liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund 

for the Fund's attorneys' fees, auditors' fees, court costs, disbursements and expenses incurred by the Fund in recovering the 

above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent 

(10%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations set forth above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's 

decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein. 

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

1 

REV. 201407 
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 Agreement and the Fund's rules, 

regulations and/or collection policies. 

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are 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 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 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 provisio-ns arc hereby 

expressly declared to be saved from such illegality. 

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to 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 during the period of absence and such monies shall 

thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave 

and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein. 

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

9. If a 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. If a regular employee is injured on 

the job, the Employer s hall continue to pay the required contributions until such employee returns to work. However, such 

contributions shall not be paid for a period of more than ~ 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 behalf of said Trustees against any 

claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston, 

Massachusetts regional office of the American Arbitration Association and all hearings ana 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. The Fund shall not be subject to any 

grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or 

proceed ing commenced or initiated in any other jurisdic~ion 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 payable from and after jJanuary 1• 2016 and continue until expiration of the collective bargaining 

agreement on I December 31 · 2018 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 unless a) the Trustees terminate the participation of the Employer and 

provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
. . 

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 bt; made in accordance with the rules and regulations of the Fund. A new Participation 

Agreement must be signed and submitted for each successor collective bar ainin a reement. 

Eff · d f 11 · b · · anuary 1 2016 echve ate o co echve argammg agreement: r====' ====================---' 

Expiration date of collective bargaining agreement: '-jo_e_c_e_m_b_e_r_3_1,_2_0_1_8 _____ ___ _ _ _ _ _____ ____, 

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

signatory to a current Participation Agreement. 

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or 

contemporaneous agreements or understandings, whether oral or written. As such, this Participation Agreement may not be 

modified except by a writing signed by all parties. Further, to the extent there exists any conflict between any provisions of this 

Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control. 

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

LOCAL UNION# _52_9 _ _ ___ _ _____ _ 

ADDRESS: 129 E Chemung Place 

Elmira, NY 14904 

PRINT 

DA 

REV. 201407 

EMPLOYER: First Transit Inc 

Chemung Transit 

ADDRESS: 1201 Clemens Center Parkway 

Elmira, NY 14901 edact~d b<" the l" S Departm~nt o t the T.rasurr 

SIGNATURE: 

\J PRINT NAME: f'A~~te~ /t(. GuAc V 

PRINT TITLE:.__,/J""",""' :>..._fL.:.N'..::::::c..:....:.T_,_ef-'-=-l :..::.N-><: J#r+=.e;.:...r _ _ _ 

DATE: --~S'+/.Lit.ll)'+_f,.L.d;p=--------

3