Bricklayers & Allied Craftsmen Local No. 7 Pension Plan 

Checklist Item #37 

Does the application include the required excerpts ti:om the relevant collective bargaining 

agreements and side agreements? See section 7.07. 

Document 37.1 provides a copy of the relevant provisions of the current collective bargaining 

agreement between the negotiating pa1tics, effective from June 1, 2014 through May 31,2019. 

The excerpts include, but are not limited io, provisions relevant to the proposed suspension. 

Document 37.2 provides a copy of the current reciprocity agreement, which became effective for 

the Pension Plan on November I, 2009. 

At the time of this tiling, no side agreement or participation agreement had been entered between 

the collective bargaining parties. 

37.1 
7.07 Collective Bargaining and Side Agreements 

Document37.1 

Excerpts from the Current 

Collective Bargaining Agreement (2014-2019) 

Sec the following pages. 

37.2 
Bricklayers and Allied 

Craftworkers' 

Agreement 

2014-2019 

OHIO - KENTUCKY ADMINISTRATIVE 

DISTRICT COUNCIL - LOCAL# 7 

AKRON, OHIO 

International Union of 

Bricklayers & Allied Craftworkers 

Of America, AFL- CIO 

AND 

THE ASSOCIATION OF UNION MASON CONTRACTORS 

Akron, OHIO 

37.3 
PARTIES 

This Agreement made and entered into the first day of June 2014, by and 

between the Association of Union Mason Contractors (hereinafter referred to as I he 

employer). and Bricklayers and Allied Craflworkers Local No. 7. Ohio (hereinafter 

referred to as the Union). 

DURATION· TERMINA TION·AMENOMENT 

This Agreement shall be effective commencing June 1. ~0 4 and shall continue 

in full force to and including May 31. 2019 and shall be automatically continued yearly 

theroafler. unless written notice or a decision to negotiate a new agreement, in whole or 

in part, is given in writing by either party to the other not later than s1xty (60) days and no 

more than ninety (90) days prior to the expiration date or any anniversary date. If prot>er 

notice is not provided by an individual Employer. that Employer shall be bound to all 

terms and conditions of any subsequent collective bargaining agreement negotiated by 

the Union and the Association or Union Mason Contractors. The parties may at any lime 

mutually agree to change or amend any part of this agreement and such changes or 

modification shall not affect the continuing nature of this agreement. Furt11er in order to 

establish a more unified working agreement and to create solidarity with signatory 

contractors and affiliated Unions within the Ohio - t<entuct(y District Council of 

Bricklayers and Allied Craftworkers. 11 shall be agreed by both the Union and the 

Contractors to revisit this agreement with the exception of the previously agreed wages 

and fringe benefits, to establish a District wide territorial agreement. or in the event of a 

IUBAC m11ndated merger or consolidation or BAC Locals the terms and conditions of this 

collective bargaining agreement shall fall to the succeeding Local. 

PURPOSE 

It is understood and mutually agreed thai there shall be no strikes or lockouts 

over a dispute concerning this agreement during its tenn until the grievance procedures 

described in Article XX has been exhausted and then only in the event a party faits or 

refuses to abide by a final decision. This Article shall not apply In those cases where an 

employer fails or refuses to make 1n whole or in part any payments required under this 

agreement including all wages, fringe benefits or other contributions that have been 

established through bona fide collective barga1n ing. 

GEOGRAPHICAL JURISDICTION 

The geographical jurisdiction of Bricklayers and Allied Craftworkers Local No. 7. 

Ohio shall be: all Summit County and all of Portage County. 

ARTICLE I 

Scope of Work 

The employer agrees to assign to bricklayers all work which will be or has 

historically been traditionally or contractually performed by bricklayers. This work 

includes, but is not limited to the building, constructing. fabncating, erecting. cleanil1g, 

maintaining, repairing, renovating, sealing, caulking, waterproofing, acid proofing, 

application of chemical products. and all other work to or upon walls. floors, ceilings, 

roofs, decks. roads, paving and other objects of structural, bulld1ng or constructmn 

components consisting wholly or partially of masonry brick and othm clay products such 

as structural tile, concrete, cernent, stone. marble. glass block, terra cotta, cas tables. 

A.A. C. units(Aerated Autoclaved Concrete Units). and all otl1er natural or artificial 

37.4 
masonry units made from materials, tile, mosaics. cement plaster, terrazzo plastic, and 

all forms of substitute materials there to: the laying. setting, 1nstallet1on or application of 

all such materials: tho preparat1on of all structures, objects or components to receive 

such materials: all refractory work: and all work servicing, assisting, or relating to the 

processes or materials described above from the manufacture of tile materials through 

construction and malnten<mce of the structure or object. In addition, all other 

assignments mutually agreed upon between the Employer and the Union on any other 

building products or systems related to the scope and type of work covered by this 

Agreement, including any and all installation of Air Barrier Systems or any products 

developed in the future that are determined by these parties to fall within the work 

jurisdiction of th1s Agreement; specifically "Installation of Insulated Concrete Forms or 

ICF's regardless of manufacturer shall be the work of the BAG member. This work 

includes the lay-out. placement and installation of units, placement of reinforcement and 

final placement and finish of grout or concrete and vapor barriers. Control of the Grout, 

or structural reinforcement concrete hose shall be assigned to the bricklayer. Finishing 

and removal of excess grout or concrete on masonry walls shall be assigned to the 

bricklayer Placement of vertical and horizontal reinforcing bar within masonry walls shall 

be done by the bricklayer, as well as all masonry anchor systems. 

In all jurisdictional disputes between or among the building and construction trade 

unions and employees party to this agreement. a earnest effort will be made to settle 

and adjust such disputes first between the labor relations division or The 81.1ilders 

Exchange of Akron & Vicinity, and those building trade unions involved or any other plan 

or method of procedure that may be adopted in the future by the parties of this 

agreement. 

ARTICLE II 

Union Recognition and Security 

Section A: The Employer hereby recognizes and acknowledges that the Union is its 

exclusive representative of all its employees in the classifications of work falling within 

the jurisdiction of the Union as defined 111 Article I of this agreement, and in the 

Constitution, Rules of Order and Codes of the International Union of Bricklayers and 

Allied Craftworkers, for the purpose of collective bargaining as prov1des for 111 the Labor 

Management Relations Act of 1947, as amended. 

Section B: No tater than eight (8) days following the effective date of this agreement, 

all present employees must as a condihon of continued employment be or become 

members of lhis union. All omployoos hired after the effective date of this agreement 

shall become or remain members of the union no later than eight (8) days following the 

firs I day of employment in accordance wlt11 the provisions of Section 8 of U1e National 

Labor Relations Act. as amended. Failure of any employee to comply with the 

provisions ol this sutr-section shall, upon request of the union, result in termination of 

such employee, provided that the union has given the employee four (4) days notice that 

his obligation to make payment has not been met and that his delinquency renders him 

liable to termination under this section. 

The employer shall not be obligated to dismiss an employee for non-membership in the 

union: unless: 

a. They have reasonable grounds for believing that such membership was 

not available on the same tenms and conditions generally applicable 

to other members. 

b. They have reasonable grounds for believing that such membership was 

deni(l{l or terminated for reasons other than the failure of the employee to 

tender the periodic dues and the tnitlatlon tees uniformly required as a 

condition of acquiring or retaining his membership. 

2 

37.5 
ARTICLE Ill 

Tra veling Contractors 

When the Employer has any work specified in Article I of this agreement to be 

performed outside of the area covered by this agreement and within the area covered by 

an agreement with another affiliate of International Union of Bricklayers and Allied 

Craftworkers. then the Employer agrees to abide by the lull term and conditions of the 

agreement In elfect ln the jobsite area. The Employer shall in all other maHers be 

governed by provisions established in the jobsite local agreement. If employees are 

sent to work on a project in an area where there Is no local agreement covering the work 

specified in Article I of this agreement, the l\111 terms and conditions of this agreement 

shall apply. 

Artlcle IV 

Subcontracting 

All subletting. assigning or transferring by the Employer of any work 1n connechon with 

employment that is covered by this Agreement must be subcontracted. assigned or 

tr~111 rr d to a parson, firm or corporation which recognizes the Bricklayers and Allied 

Cranworkers or one of its Local Unions as the collective bargaining representative of its 

employees and agrees that all such work shall be done under the terms of this 

Agreement. A violation of this provision will be deemed a breach of this Agreement. 

All charges of violations of this Arlicle shall be considered a s a dispute, and shall be 

processed in accordance with the provisions or Article XX or this Agreement covering 

the procedure for handling of grievances, and the final and binding resolution of 

disputes. 

ARTICLE V 

W age Rates/Fringe Benefits, Dues, Other Contributions and Deductions 

Hourly Deductions I Effective Oates 

Section A: Wages and fringe benefits of the Bricklayers. effective June 1, 2014. 

Hourly Rate Health Fund Local Pension lnt'l Pension Apprentice Fund I.M.t. 

$29.35 +$6.70 +$2.00 +$0.80 +$0.20 $.44 

$4.46 (LPRI +$0.20 (IPf PPAI 

$6.46 $1.00 

Savings Pro gram 

-S1.50 

B.T.C. 

-$0.02 

ACT 

-$.03 

AUMC Union Dyes 

+$.05 -$1.60 

Gross Wage 

$44.20 

Ellective June 1, 2015 

Effective June 1. 2016 

Effective June 1. 2017 

Effective June 1. 2018 

37.6 

$1 .30 per hour Increase 

$1.00 per hour Increase 

$1.00 per hour increase 

$1.00 per hour Increase 
Section B: Residential rate of wages and fringe benefits of the Bricklayers. effective 

June 1, 2014. 

Hourly Rate Health Fund Local Pension lnl'l Pension Apprentice Fund I.M.I. 

$20.54 +$6. 70 +$6.46 +$1.00 +$0.20 +$.44 

Savings Program 

-$1.50 

B.T.C. ACT Union Dues 

-$0.02 ·S.03 -$1.60 

Gross Wage 

$35.3~) 

AUMC 

+$.05 

(I) Residential Scope of Work: The scope of work covered by the residential rate 

will include all units buill primarily for single-family residence not to e xceed two stories in 

style. but does not include any residential unit or project covered by the Davis-Bacon 

Act. 

(2) Residential wages shall be seventy percent (70%) of the commercial base wage 

rounded lo the next .5 cents plus full commercial fringes. 

Section C: The rate of t11e Sewer Bricklayers will be fifty cents (5.50) per hour above 

the Building Bricklayers' rate. Men working from cable or rope hung scaffold shall 

receive fifty cents ($.50} per hour above the Building Bricklayers' rate. This provision 

does not apply to the "Patent Scaffold Company" type scaffold hung from steel out· 

rigger beams 

.ARTICLE VI 

Work Day, Show up Time, Commercial/Residential Construction 

Sectio11 A: Work day 

Eight hours pay will be received tor 8 hours work. The elghtl10urs will be worked 

between tile hours of 7:00a.m. and 4:30p.m .. with a 30 minute unpaid break for lunch. 

Workers will arrive at the shanty lor lunch at 12p.m, and leave the shanty at 12:30p.m. 

Lunch may be taken at 12:30 by mutual agreement between the foreman and the 

steward. A 5 minute break in the morning and 5 minute break in the afternoon may be 

combined for a 1 0-mrnute "coffee" break in the morning. During inclement and cold 

weather (November through April), a reasonable amount of lime will be <lllowed lor 

t>ricklayers to walk to an appropriate shelter to take "coffee" break. Any work In excess 

of 8 hours (overtime) will necessitate an additional afternoon break of 10 minutes, to be 

taken at normal quilling time. 

More U1an one (1) shift may be worked any 24-hour penod, and the start 

time will be at the discretion of the foreman. Second shift workers are to receive 8-hours 

pay for 7 1/2 hours work, Including a 1/2 hour lunch periort. Third shift will receive 8-

hours pay for 7-hours work, which Includes a 1/2- hour lunch period. Any job wishing to 

work overtime or allernate shifts will report to the local Br1cl<layer Union Field 

Representa tive. Any job wishing to work overtime shall report to the Bricklayer Union 

office. 

4 

37.7 
Section B: Saturday Make-up Day 

Time and one-half (1 V.) the employees regular rate of pay shall be paid for all 

work performed on Saturday. If those empiO)'ees have not worked 1n excess or four (4) 

working days or thirty two (32) hours during the precadmg five (5) calendar days, 

Saturday will be a make-up day at straight time with a $1.00 premium per hour for all 

employees who diet not work 1n excess of lllirty two (32) hours for the weel< due to 

inclement weather. Ten dollars ($10.00) show up pay for all employees who show up 

and are not put to work. No outside employees. except for foremen can be brought to 

the job site on Saturday unless they are less than thirty two (32) hours for llo(l week. The 

Employer shall not discriminate against any employee, in any manner because the 

employee refuses to work Saturday make-up day. If any employee on the masonry crew 

(Bricklayers or Laborers) receive time and one half ( 1 Y,) for Saturday make-up day then 

the entire masonry crew shall also receive time and one half (1 V.). 

Section C: Show Up Time 

When the men report to the job at starting time and are not pul to work because 

or inclarnent weather, the Foreman shall notify the Steward within one hour of the normal 

startin9 time (based on 8:00 a.m. start), whether the men shall wait or go home. If told to 

wail or to go to work at 9:00 a.m .. they shall be paid one (1) hour from 9:00a.m. to 10:00 

a.m . If told to wait or to go to work after 10:00 a.m. Iiley shall be paid for two (2) hours. If 

told to wait or go to work between 11 :00 a.m. to 1:00 p.m. they shall be paid four (4) 

hours: and if told to wait or go to work between 1:00 p.m. and 3:30 p.m. they shall be 

paid for seven (7) hours and the men must remain on the job site to be eligible for such 

pay. 

Section D: Commercial Construction 

All work perfonTled in excess or eight (8} hours per day on the first shift or in 

excess of seven and one-half (7 V.) hovr per d<ty on the second shift, or 111 excess of 

seven (7) hours on t11e third shift shall be paid at the rate of one and one-l1alf (1 Y,) hmes 

the regular rate of pay. All work performed on Saturday shall be paid at one and onehalf (1 Y:.) times the regular rate of pay. On new construction if another craft in the 

employ of the ernployer signatory to U1is agreement receives double time then the 

employees covered by this agreement will receive double time. 

I. All work performed on Labor Day, MeiTlorial Day, Independence Day, 

Thanksgiving, Christmas. New Years Day and Sunday shall be paid at 

two (2) lirnes the regular rate of pay. For lhe holidays listed in !his 

agreement, whGn a holiday falls on a non-workday (Saturday or Sunday) 

the lloliday will be observed 0 11 a Monday( rf the holiday falls on Sunday) 

on Friday( If the holiday falls on Saturday). 

Section E: Residential Construction 

All work performed in excess of eight (8) l1ours per day on the first shift or In 

excess or sovon and one half (7 V.) per day on the second and third shifts shall be paid 

at the rate or one and one half (1 Y,) times the regular rate; Monday thru Saturday. 

37.8 
I. All work performed on Labor Day, Memonal Day, Independence Day, 

Thanksgiving, Christmas, New Years Day and Sundays shall be paid at 

two (2} times the regular rate of pay. Any holidays menlloned in th•s 

agreement shall be celebrated by the employees covered herein on the 

date observed by the Federal Government. 

ARTICLE VII 

Pay Regulations 

Bricklayers shall be pa•d in cash or payroll checks not later than quitting time on 

Friday of each week. II a bricklayer ts reqwed to wail on the job tor his pay after quitting 

time 0 11 Friday, he shall be paid altha straight time hourly rate for wailing. In the event 

the employer pays by c11eck and one of these is found to be N.S.F. lhe employer will 

lose the privilege to pay by check. Not more than three (3) days pay will be held back 

from the regular weekly pay. If sent me~ by the employer on Friday. or if the 

bricki<Jyers cannot work on Friday, because of weather, they shall be paid not tater than 

ten o'clock (10:00) a.m. Bricklayers hired by the employer, ilnd not pllt to work lhat day, 

weather permitting, shall receive four (4) hours time lor reporting on lhe job. Bricklayers 

wishing to leave the employ of the employer shall be paid In lull at four-thlny (4:30) p.m 

of the previous day (if the bricklayer requests). Wilen bricklayers are laid off or 

discharged, they shall be paid one-half (112) hour before termination. Every employee 

working under this agreement shall be furnished a summary attac11ed Ia his check 

showing the number of hours worked along with the gross amount of pay and all the 

deductions. If a briclliayer reports for his pay on Friday and is laid off upon so reponing, 

two (2} hours show up time will be paid to tllis man laid orr. Bricklayers will be provided 

with a separation slip indicating the reason for separation. 

ARTICLE VIII 

Fringe Benefits I Other Deductions 

Section A: 

In addition to the wages and other payments herein provided for, the employer 

agrees, beginning June 1, 2014 and for the duration of this agreement and for any 

renewals or extensions thereof, to pay the specified contributions to the following 

destgnated funds. 

Section B: Health Fund 

The contribution to I he Ohio Bricklayers Health & Welfare Fund shall be a total of 

$6.70 for each hour or portion thereof for which a covered employee receives pay. The 

payments required above shall be made to the Ohio Bricklayers Health & Welfare Fund 

which was established llnder an AgreGment and Declaration of Trust, dated June 17, 

1977. 

Section C: Local Pension 

The contribulion to the Bncklayers and Allied Craftworkers No. 7, Pension Fund 

shall be a total of two dollars and no cents ($2.00) tor each hour or portion thereof, for 

which a covered employee received pay The payments required above shall be made to 

the Bricklayers and Allied Craltworkers Local No. 7. Pension Fund, which was 

established under an Agreement and Declaration of Trust, dated February 1, 1968. 

Section 0; Non-Accrued Benefit Clause 

Due to the extreme volatility in the financial markets, if Local 7 Pension Fund 

Trustees find themselves In the position that they must impose gu•deiines that a portion 

of I he pension fund hourly contributions are contributed as a non-accrued benefit. then 

37.9 
tilis non-accrued benefit contribution amow11, when •mpleonented. will apply to all onan 

hours worked and collected in this jurisdict•on, and will not be reciprocated to any 

traveling SAC members home local fund for worked hours generated in the JUrisdiction of 

8/\C Local No. 7 Ohio Providing there is no violation of applicable Federal and State 

181'1'5 and or signed reciprocal agreements. 

Section E: Contractor Contribution (Pension Protection Plan) 

The Contractor agrees to contribute _four-dollars and forty-six cants ($4.46) per 

bricklayer hour worked In Local 7 Ohio's jurisdiction towards the Pansion Recovery. 

Section F: International Pension Fund (IPF) 

(a) The contribution to the Bricklayers and Trowel Trades International 

Pension Fund (IPF) shall be a total of eighty cents ($.80) (IPF) for each hour or portion 

thereof and in accordance with the mandates of the Pension Protection Act of 2006 

(PPA) tha Employers agree lo contribute twenty cents (0.20} (PPA), for each hour or 

portion thereof which covered employee receives pay. Future increases shall be per the 

IPF Trustees recommenctecl funding schedule Rnd shall derive from negotiated 

increases. 

{b) The payments required above shall be made to the Bri~ tayers and 

Trowel Trades International Pension Fund (IPF). which was established under an 

Agreement and Declaration of Trust. dated 1 July 1972. 

Section G: BAC Save Employeo Contribution 401k 

Optional Employee Contribution Only (401 (k)) 

The employer hereby agrees to participate in BAC SAVE- The Bricklayers and Trowel 

Trades International Retirement Savings Plan (the Plan) on behalf of all employees 

represented for purposes of collective bargaining under this Agreement and other 

employees as permitted under the Plan. 

section H: Association of Union Mason Contractors (A.U.M.C.) 

There shall be a five cents ($.05) contribution for each hour worked to the 

A.U.M.C. lor drug and alcohol testing costs remitted once each month as per instructions 

on the multi-reporting form. Proposed that the Contractors be responsible for tho 

printing of the Collective Bargaining Agreements to all affected parties. 

Section 1: Vacation/Savings Fund 

One dollar and twenty-five cents {$1.25) shall be deducted from tile employee's 

wages for each hour worked and remitted as instwcted on the multi-employer reporting 

form. 

Section J: Apprenticeship Fund 

Effective June 1, 2014 through May 31" 2015 the hourly contribution shall be 

twenty cents ($0.20) per each straight time hour 

Section K: International Masonry lnstituie (IMI) 

The contribution to the International Masonry Institute shall be Fort y-four cents 

($0.44) for each hour or portion thereof lor which a covered employee receives pay The 

employer's total contribution lor each hour or portion thereof for which an employee 

receives pay shall be allocated as follows: 

The payments required above shall be made to the International Masonry 

Institute. which was established under an Agreement and Declaration of Trust. Mmch 

37.10 

7 
14, ·t981, as tile successor trust to the predecessor International Masonry Institute 

(Established under an Agreement and Declaration of Trust. July 22, 1970) and the 

predecessor International Masonry Apprenticeship Trust, November 6, 1974. 

Section L: Union Dues Deduction 

The employer shall deduct from the wages or each employee who has signed a 

check-off authorization conforming to federal law and remitted once each month as 

instructed on the multi-reporting forms, the sum for each 11our paid which the Union has 

specified as the portion of each employee's Union dues to said Union, to his or her 

International Union. or any other affiliated of the International Union, subject to check-off. 

The workong dues check-off is three and one half percent (3 112%) of the gross wage. 

Section M: Building Trad es Council Dues Deduction 

It is hereby agreed between the parties that two cents ($0.02) per hour for each 

11our paid be deducted from the employee's wages and remitted once each monU1 as 

instructed on the multi-reporting forms. 

Section N: Reporting o f Fringes 

It is fLu1her agreed that the employer will pay such benefits once aanh month as 

Instructed on the multi-reporting forms not later than the filteenth (15'") of each month 

following the month wherein the hours were worked. If such benefits are not paid prior 

to the fifteenth (15") of the month following the month wherein the hours are worked. 

such employer signatory hereto agrees to the late payment penalty as prescribed In the 

various fund trust agreements ir1cluding but not limited to interest. liquidated damages 

and attorney lees. 

Section 0: Non Paym ent of Fringes 

It is further agreed between the pa11ies that the non-payment of said 

contributions by the employer shall constitute a violation of this agreement. The union at 

its option may declare this agreement terminated following the receipt of a telegram or 

certified le tter notifying the employer of such delinquencies. Such v1olation shall 

constitu te a waiver of any damages by reason of a strike against such employer after 

such notice has been given. and the employer hereby waives any rights under lh1s 

contract arising out of such strike. If the Union herein elects to strike to enforce the 

payment of fringe benefits and the frmge benefits in arrears are pa1d in full by the 

employer lhen in such event it IS further agreed that his contract shall relflstate itself and 

all terms and conditions shall remam1n full force and eflect for tho term conta1ned 1n th1s 

agreement. 

Section P: 

It is further agreed to deduct from the wage package any future increase in fringe 

benefits or contributions to new programs following a thirty (30) day notice in writing from 

the Un1011. 

Section Q: 

It is further agreed that if any ol these deductions would be terminated in the 

future, the amount allotted for same would become a part of wages. 

Section R: 

It is further agreed all fringes on premium time will be paid at the premium rate. 

37. 1 I 
Sec the following pages. 

Document 37.2 

ReciJ>rocity Agreement (2005) 

37.12 
l.t~ERNA TIONAL RECIPROCAL AGREEMENT 

FOR BRICKLAYERS AND ALLIED 

CRAFTWOlUillRS DEFINED CONTRIBUTION AND 

DEFINED BENEFIT PENSION PLANS 

February 2005 

37.13 
INTER.!"l'ATIONAL RECIPROCAL AGREEMENT FOR BRJCKLA YERS AND 

ALLIED CRAFTWORKERS DEFINED CONTR!BtJfiON AND 

DEFINED BENEFIT PENSION PLANS 

V/HEREAS, the Trustees of each signatory Defit1ed Contribution and Defmed 

Benefit Pension Fund, acting under separate Trust agreements, are authorized and 

empowered to grant and administer pension benefits, under their respP.<:tive plans, to 

employees who are or have been represented in collective bargaining by BAC local unions; 

and 

WHER.6AS, many employees have been, or arc, or tnay be, from time to lime 

employt.-d by employers under coutrncl to contribttte to one of the signatory defu1ed 

contribution and defined benefit pension funds, and at another lime ~::mployed by an 

employer under contract to contribute lo another of the signatory funds; and 

WHEREAS, many employees may lh\tS lose pension benefits from ony signatory 

fund, Ul1d 

VlHEREAS, the Tntstees of each signatory <kfined comrlbution and defined benefit 

fund desire to promote the interests and well-being of the fund's participants by 

accwnulnting all benefits in one defined conllibmion or one defined benefit fund; and 

VlHEREAS, the Trustees of each such signatory defined contribution nnd defined 

benefit fund desire to provide ±or the implementation of the necessary plan amendments 

providing for reciprocity ood the cstablislunent of procedures to carry out the terms of this 

Reciprocal Agreement; and 

WHEREAS, the Trustees of cnch signatory defined contributiou and defined benefit 

fund executing this Reciprocal Agreement on behalf of their respective pension fund 

repre>"Clll tllld warrarlt that they have been duly authorized to make, execute und deliver this 

Reciprocal Agn::u111ent; 

NOW, THEREFORE, it is agreed as follows: 

37.14 
IT. OPERATION OF RECfPROCALAGREE.Mft\T 

SECTION JO. USJ?.RS ACCESS TO ERTS: REGISTRATlO:'I! 

Users shall acqu1re access to ERTS in the following manner: 

Emplovee Usen. Employee wcrs u~t follow the procedures, and muse agree to lhe 

tenns and conditions, et fo:tb in Section II, below; and 

Non-EII!Jl.l.2.Y<:e Users. Non-Employee ser~ (employees, officers or ngeuts ofllorne 

Funds, I'UJ1jcipating Fund.~, Tbe Reciprocal Clelltiughousc, and Assisting Local Unions) 

mllSt follow the procedure.-;, aod muSL agrcu to IJ1e tenus and conditions. set forth herein, 

whereby each such user: 

Must rcgi~ er on ERTS with the ERTS service proyjder; and 

Must agree in writing through an approved, written confirmation (the "NonEmployee User ERTS Confinnalion") to properly maintain the confidentiality of 

infonnatioo concerning an Employee. The original signed Non-Employee Users 

ERTS Confirmation shall be filed witb the ERTS se.-vice provider. 

pouwgislr<~ tiuu uud execution of the 1\uu-l:.mploycc Us..,r r.rns Confi1 111Ution, each 

such user sbnll be issued his own con.fidentia\ idcntifica6on number (Llw "I' EN"). 

11It>~t!ulkr, ltcc.,ss to ERTS shall be available on a personal computer or other appropriate 

d~vice with ~n internet conne;;tion by use of a Log-On Nwnber (the u~•r's Social 

Security Number or, if Canadian, his SociallnsW11llce Number) and the PL'i. The PIN 

shall be nvnilable to the Recipro:a\ Adrninistrotive Office and the 8RTS service provider, 

to be used consistent with the conficentiality provisions of Section 9nbove. 

SECTION 11. HOW AN EllfPLOYEI£ l'iLH:TS RECLf'IWClTY 

To be digiblu lor rce~procal tran.;fers under Uus Agreement, •n [nJJ)Ioyee: 

37. 15 
Must register on ERTS at his Home Fund, a Participatmg Fwtd, or an Assisting Local 

Union after presentation of valid photo identification; and 

Musl agree in writing through a written confmnation, as specified below and 

elecu·ot1ically (via ERTS) to: (i) the legally binding effect of his utilization of an 

eJectr011ic signature on ERTS; and (ii) an approved authorization and release (tbe 

"Authorization and Release") regarding reciprocal traosfcrs under the Agreement. 

The Jpproved A\tthorization and Release shall contain an auUturization whcr,.,by the 

Employee elects to participate in the reciprocal system as well as a relea~e (waiver) by the 

!Smploy.ee, releasing all p1uticip~ ti1tg Funds and their tm~tee:s from nny claim or cluints by 

the Employee, or rutyone tnnking a claim through him, based upon the Cotllributions made 

after the effective date of the Aut.ltorization and Release. The approved Authoriz•ttion and 

Release shall also contain au e;o;press consent to the dissemination of infonnation concerning 

the Employee, such ns nm11e, address, Social Security or Social Insurance Number, 

infom1atioo submitted with reciprocal transfers ]Jursuaot to Section 15 below, etc. (but not 

including an Employee's ERTS related personal identification number), to, and only to, 

nuthotized users of ERTS. The approwd Authorization and Release sba!J also specify that it 

is a blanket authodzntion rutd release which will provide thr the reciprocal transfers of 

Monies to his properly (that is, with Home Fund(s) acceptance) designated Home Fuud(s) 

!i·om any and all PMticipating Fund(s) in whose area the Employee is, or may in the f11ture 

be, working as a Tem]JOrary Emplo)'CC, unless and turtil the Employee thereafter utilized 

E'. KTS to ell.pres:;l y cease the transfe(s of Monies. 

At the time of ~>gistration, ilH: Employee s:~all receive n printed confirmation of his agreeing 

to the cffeet of h.is e\ecLronic signature and to the Authorization and Release (ns outlined 

above in subscc:ion (a)(2)), which he must personally sign (me "Employee Confinn01ion"). 

h~ original signed Employee Confirmatio'" shall be filed a! the Home Fund, the 

P a:·uci]>ating Fund, or the Asststing Local U ruon where the Employee registers. The 

!:1.:-.:t;~loyee s.~all be givea a copy of his signed f:-.~nJ>Ioyee Conurmation. 

- Ill37.16 
L pon registratiou on ERTS, the rn iiJyc~ shall be 1ssued a confidential, personal 

identification number (the "employee PIN"). Thereafte-r, he shall be entitled to access ERTS 

on any personal computer or other appropriate device with an internet connection, by use of a 

Log--<Jn Number (his Social Security Number or if Canadian, his Social Insurance N:unber) 

and his Employee !'IN. The Employee PIN shall be available to the Rectprocal 

Administrative Office and tbe ERTS serv1ce provider, to be used consistent with the 

confidentiality provisions of Section 9 above. 

SECTION 12. EF!<RCTOFELECTION ON PARTICIPATING PUNP 

A~ of the first duy of the month in which llJI Employee registers on BRTS, signs the 

Employee Confirmation, and designates hh Home Fund(s) (if the Home Fund(s) Inter accept<; 

that design&ion), and anytime thereafter, the Participating Fund shall kct.:p u s~'Paratc account 

of collections of Elmployee Conhibutions due for the work of the Tempo1'11ry Employee and 

transfer to the Temporary Employee's Home Fund an amount of :money as prescribed under 

Section 13 011 behalf of the Temporary ~mploycc for work pe1formed fl'Om tbe first day of 

the month in whicb the signed authorization form is recei voo by eJth er the administra10r of 

the Participating Fund or by a person designated by the Participating Fund lo receive sucb 

autbori7.ation forms. An earlier effect1ve date for the transfer of Monies may be established 

by the Tmstccs of a Participating Fund. 

S.ECl'ION U._J'!NIUUNT TRliNSFERRED TO HO!vfE !.:1!lill 

Each P.mic1p~tins Pc: ~i on F1mtl shall t.r.lli~IL1· required contJibuuon> to lhe Tcmporury 

Employee's Home Fund JlS soon liS feasible within 11 period of thirty (30) da)s followi.J1g 

receipt oftl1c request for transfer. Subsequent transfers of money to the Horne Puntl shall be 

made on at least n monthly basis or more often if murually agreed to by the parties to this 

Agreemem. 

It is understood by the pm1ies to this Agn:cment tutti the Portic pn in~ l'<msion Fund shall 

remit to the Home Fund an amount of lllOiltlY c4uul to aU c.:ontribuuons received based on 

ltours paid and rcpo:-:::<1 tn the J>~rticipnunf. Fund. 

• I l • 

37. 17 
TI1ere shall be no admimstr.ttive fee charged by a Participating Fund for the transfer or for 

any other reason. 

SECTION 14. IDBNTIF!CATIQN OF HOME F~ TO RECEIVE TM~S~ 

If the Temporary Employee has two Home Funds, a defined benefit fund and a dcfmed 

contribution ftmd, the .Participating Fund shall transfer all Monies to whichever Home Furt.d 

is the same type as the Participating Fund (defined benefit to detined benefit - defined 

contribution to defined contribution). However the Home Fund has the discretion 10 allocate 

defined contribution Monies to a defined benefit ti.wd. 

If lhe Temporary Employee !las only one Home Fund, the Participating Fund or Fttllds shall 

tnmsfer all Monies to that Fund. U the Home Fund has only a defined benefit fund and the 

Participating Fund has both a defined benefit fund and a defined contn'bution fund, the 

Temporary Employee may elect to transfer only Monies from the Participating Fl.IDd's 

defined 'benefit fund to the Home Fund. 

AJJ Local Monies for Canadian Temporary .BUlployees working in the U.S. shall be 

ttanslbrred to the IPP Defined Contribution Plan. 

SRCT!ON 15, INFORMATION SUBMlnED WfflfTRANSFERS 

Each Participating Pension Fund shall, ltt l.h" ho t<> or making th~ muntl:tly l<!lltsf<:r, submilto 

the Home Fund vin F.HTS o report which shntl include the tbllowing i.nfurruation fhr each 

Temporary Employee: 

(a) :-.Jame 

(b) Social Security Number 

(c) Work month reported 

(d) ~umber of hours contributed for in the month 

(e) Employer name 

(t) Tot~t Monies being tmnsferred 

- 12 -

37.18 
SECTION I !i. flFFECT Of TR.ANSEE.I~ 0>1 P.BOC PRE!vl~f 

For purposes of the Pension Benefit Guaranty Corporation (l'UGC), the Temporary 

employee shall not be considered a parttcipant in the Panicipo!ing l·und if Monies are 

transferred to Ll,e Temporary Emp!oyea's Home Fund. 

SECTION !7. HOW TEMPORARY EMPLOYEE STOPSTMNSFERS. 

Once an Employee is registered on RRT~. he may thereafter morltfy his registl'lltion or 

equ~-st a lctnporary or pcnnaneot cessation of reciprocal rransfcrs by ucccssing ERTS 

through either his Log-on Nu1.11ber and Employee PL'-' or by appeanng at his Home Fund, any 

Perticipating Fund or any Assisting Local Union. A temporary ccssalion stops transfers only 

while a Temporary Employee is worldng in the area of the specific Partictpating Fund(s) 

wltere he was working when he requested the temporary cessation. A permanent cessatioc 

stops all cun·ent und future or all fulllf" tmmfcrs permanently to any Home FWld(s) after an 

Employee has used HRTS tq remove the Home Fund(s) d~<Signation(s ). Any such temporary 

or pennan n~ cessation in the transfer of Monles shall become effective on ll1e last day of the 

month the request for cessation is inpuned on l:.RTS A pennancnt cessation shall remain in 

effect w1til an Employee thereaftec Ius modified his registration by proper!} designating a 

new Home Fund(s). However, an Employee: who requests a temporary or permanent 

c~sation(s) shall not be eligible to restart transfers or designate a new I lome Pund(s) and 

have Momcs lriiiJSft:m:d w long as he work;, in tho;: area of the &ame l'articipaling Fun,l(s) 

wllere he wus wM!dng when be requested u temporary orpennanent ct:ssation. 

Tf "'' Employee's file is accessed on ERTS without the use of that porliculur Employee's 

Log-On Number nnd Employee PI!\, any modification and!or cessation as outlined in 

subsection (n) above shall be valid only if an approved Employee confirmation of such action 

(an "Employee C.:onGrmulion of Moditicatioa and/or Cessation") is printed nnd signed by the 

Employee •d'ter presentation of valid photo tdentification and is filed at the Home Fund, 

l>a:1icipating Fund or Assisting Local Union where such access occurs. The Employee shall 

be given a ror>Y of his signed Employee Con'i-munnn of Mod:ii cation ;u:d/or Ccs><!liOn. 

- JJ37. 19 
SECTION 18. WHEN RECrPROCITY IS l\OT fl\ EFFECI' 

Tf a Participating Pension Fund receives Contributions with respect to a Tetn]Xlrary 

Employee's employment, reciprocity is not in effect and the Contributions thus received shall 

be applied in accordance with the Participating Fund's provisions, if: 

(a) The Temporary .Employee has not registered on ERTS, has not ~ed to the 

Authorization and ReleMe or has uol cxeC\J\ed aod hnd tik<l an P.mp!oyee 

Confirmation (all as provided in Section II); 

(b) No Home Fund, as defined in Section l(d), has bee11 cstnblished by the 

Temporary Employee or if established, it is not a party under this Agreement, 

or 

(c) The Temporary Employee is eligible and has completed the necessary 

enrolhneut fonns for benefits in the Participating Pension Fund. 

(d) Transfer of defined contribution fund Monies will create a violation of Section 

415(c) of the me. 

(c) A cessation \Ioder Section 17 is in effect. 

SECTION 12. TREA T!Y!]J~V]" OF MONTES RBCE!Vf:D HY HOME FlJNQ 

All Monies forwarded pursu~nt to this Agreement to the Tn1stces of the Home Fu11d of'~ 

Temporary Employee shaU be treated s the cquivalcut of Comributions to that Home Fund 

and shall be applied in accordance with said Home Pund's provisions Neither the 

Participating Fund nor its Trustees forwarding Mon.ies to the Home Fund shall have any 

responsibility for tl1e appli cntion of the Monies by the Home Fund. 

SE...QJJQN 20. CREDITING SERVICE IN HOME FUN~ 

The marUlcr of c:editing Mcniel' and hours received by a Home .Fund oo behalf of Jts 

participant' ten:pmaTi'y ernplDy<::J cl st:wl><::r~ shliT: be as foUows: 

• 14 • 

:17.20 
Vesdng Service - All hours worked in any Participating fund for wldcb Morues are 

lrllilsferred pursuru11 to this Agreement shall be coumed as vesting service by tho Horne Fund 

on an hour-for-l10ur basis, as required by ERISA. However, if the same hours aro reported by 

more than one Participating Fund, lhe Home Fund shall not be requ1red to credit such hours 

more !han once. A year of vesting sen·•ce shall be whatever each plan dec1des, so long as it 

meets the requirements of ERISA. 

Benefit AC(:nlfll - i\ll hnurs worked 111 any PartiCipating Pund for which Monies are 

transfe1Tecl pmsunnt Co 1l1is Agreement shall h~ C()llnted for benefit accrual purposes by the 

Home rnnd ou nn cquituhl" bas'.s, con~irloring the relationship between the Pa.-ticipahng 

Fund end the oonuibulion rotc in the Rome Fund. For example, the hcncfit accrual rate for 

~:ach hour for which Monies are tmnsfcrrcd ~hall t•c proportional to the flome Fund's regular 

benefit accrual rate based on the relationship between the Home Fund contribution rate and 

the contribution rate received from the Participating Fund. Where benefit accrual is not 

based on hotrrs but 011 the amount of contributions received on a participant's behalf, all 

Monies transferred shall be credited to his account for benefit accrual purposes. 

SECTION 21. COQRDJ}fATION WITH THE INTER.~ATIQNAL PllliSION fVND (!Pfl 

A. If the !lome Fund is ouly the Bficldayers and Trowel Trades Tnternatlorol Pcns10u Fund 

(IPF), the Participating Fund shall transfer to the £PF an al!lOolll of rnoney equal to all 

Comributionq Ji:Ccaved. Any a111ounL iu cxcc~s of the llome runc1 [f'F defined benefit 

Plan rate ~hnll be npplied to the H'F duliJLCd conldbution plan. 

B. If the Home l'wtd pa:ticipatcs in both th~ IPF and roamtnins n local defined benefit 

and/or do!finL-d contribution plan, the Partacipoting Fund shall trunsfcr to the Home Fund 

an amount equal to all loc<~l defined bcnc:it or defined contributtons required Wlder the 

Home Fund, or if les~, the amount of local contribu:wns rece1vcd by the Participati ng 

F'und. Subsequen1ly, the Home f und shall credit the transferred contributions in 

proportion to Lbe rlefint:d bcuefit and/oJ cle(ined contribution fuml!. ofU1c Home Fund. 

(" lf :he Home Fund doc> not panicipate m lhe IPF and the Pani~ipat:ng Fund does, tr,e 

Particip~tn:£. fund .<h:s!l tmnswr to the Home FU:Jd en ucn<tunt ~que! to ell locll 

- 15-

37.2 1 
contribulions r~eived. Subsequently, the Home Fund shall credit the transfen·ed 

contributions in proportion to the defined benefit and/or defined contribution funds of lhe 

Home Fund. 

D. !f the Participating Fund does not participate in the IPF, the ParticipatiHg Fund shall 

transfer to the Home Fund an amount of money equal to all oc~l contributions received. 

Subsequently, the Home Ftmd shall credit. tb.e rraosfen·cd conttihutions in proportion to 

the defined benefit and/or defined contfibution fund~ of the Home Fund 

E. If tne l'miicipating Pnnd pati icipates in the lPF and the Home I'und maimains a !oC<JI 

defined beut>!it uml!or Jelined contribtttion plan, the l'arlicipating Fund shall transfer to 

lhe Homo Fund an amount of money equal to all local contributions received. 

Subsequently Ute Home Fund shall credit tho tn111sferred conirib\ttioos in proportion to 

the defined benefit and/or defined contribution funds ol' the Home Fund. 

F. Except us provided in section G bdow, if both the Participating fo\tnd and the Home Fund 

participate in the £PF, no IPF monies will be trnnsfurred hetwe~n tl1e Participating and 

Home Funds. Monies will be remitted Ill the effective contribution rate of !he jurisdiction 

of the I'ru.1icipating Fund to the ll'F. Conttibutions received by lhe IPF will he credited in 

~cc ancc wilh U1e J.PI' Home Local Rule. 

G Tf the P:uticipating Pund providcY a loc.1l deflllcd benefit or defined contribution pl;m. 

Ull'OUgh a 111crger with the lJ>F, the> wnoun l of tho Putticipaling Puml contribution rat<: 

immccliatcly prior to the effective date of the IPF merger shall be transferred by the lPF 

to the Home Fund. 

H. If the Home Fund provides a local defined benefit or defitled contribution plan through a 

merger with the lPF, the Participating Fuod shall b:ansfer an amount e<jual to all local 

ftmds received. AlltO\IIlls in excess of the lJ>F ddinetl beneiit amo unt shHll b~ crtodited to 

tne IPF defined contributi on . 

37.22 
ill. LIMiTS OF LIAB!Lr!"Y Al<D RESPONS!BlLITY 

SECTION 22. LIABILITY FOR CONTRIBUTIONS 

No par1y shall be l:able to any other party for any sum whatsoever except to the extent 

Conhi hutions made on Tempomry Employees are, in fact, collected and received. All 

Participating Pension Funds shall make every reasonable effort to collect all Contributious 

due, as required by ERISA. The Tn1stee.> of each Participating Fund agree to cause 

investigation to be made upon rcqueot of the Trustees of auy other Participating Ftmd to 

<letennine whether Contributions as re<Juired have heen made on behalf of TempMury 

8mployoos. However, a empo ~ry Employee's Home Ftmd shall have no responsibility to 

t11lce any action to enforce the terms of any collective bargaining agreement requiring 

Contribution:; to another .Participating Pension Fund. 

SECTION 23. EMPLOYER L]M!TAJION 

No employer shall be considered a contributing employer in any Participating Fund or Funds 

other tha:J. the Fund or Funds to which he is bound to contribute pursuant to U1e terms of an 

agreement which he has signed or assented to. 

SECTION 24. WAIVER OF LIABILITY 

lf is expressly understood nnd agreed thnt none of the sign3tory Funds assumes any of lhc 

liabilities or obligations of the other signatory Funds. Each signatory Ftu.Jd shull be liable 

solely and exc u~ivcly ror pension benefits clue UJJcler its own plan and no l'und shall be liable 

for the MIS or omissious of nnothcr Fund. lt is expressly tutdcrstood 1111d It greed chat none of 

the Assisting Local Unions assumes any of the liabilities or obligations of the l'w1icipating 

Funds. 

SB_(;]'ION 25. NQ fNTERNATJQ)\AL 1JN£0N._REC1PROCAL CLEARINGHOUSE. 

RECIPROCAL ADMfNlSTRATOR. OR ASSfSTING LOCAL. UNION LlA.BfLITY: 

LIABILITY OFIHE ERTS SERVICE PROVIDER 

None oftlle 13AC (its officers, employees or agents, including the Recipmc~l Clearinghouse 

ant: the Recipmc<LI Administrator), any Assisting Local Union (its off.icers, employees or 

• 17 • 

37.23 
V. SIGNATUREPAGE 

N WITNESS WUER.BOF, tbc dcfin:d benefit or defU!Cd conttibucoo penSIOtl fw><! ldcnuf:cd bclow by t\e 

s:g ~ttu!ei or rM un.iec.si6lled Tru~otc:ell, hc:reby ado()ta tlu Roclprocity Agreement. The ~tcrnanoual Rec1proc::~1 

A8reemont for Bricklayers Blld All10d CraJtworktrs Deflnerl Conlribunon and Dctlncd Benefit Per.,ion Pions, 

tnd ng.rec.s to be bound by ~ te1111.s and p1'0vision,. !~ i$ unchmuood thl'lt each Fund bee(l:tl.iug si~tn tory hereto 1$ 

cn ~~g into tlus Agreement with each other Part.lclpatiu& l'Wid. The wtrlersigned 1'mstees hereby reprosen1 nnd 

warr:mt thnt they have the authority undet· then· n·uar agreement LO sign, executa, un(( implerwmt this Agreement 

cnrl are doing so purs1iant to a bind ina vote or the Trusteet. 

NAME OP FUND: Otickl•ycu a11d Allio•l CruCIJmcn Local 7 Pemion Fund 

TYPE Or PLAN: Dcfin.,-d Benefit 

UY tJNIO'I TRIJSTEBS BY EM!' LOYER TRUSTI!ES 

DATE: October 9, 2009 

".drmnist:ttor Na=· 

Adaninis.tr.~tor E.rnail: 

Administl'ator rldres~> 

Current 

Cou~:ibt~ ttan Rate: 

Local 

Unoon(s) Covered· 

C'la.-ncr- 'tooi 

clarenoer@yoummonberu:fits.com 

Compcns:\\ltlrl l'wgr.uns of Ohio, rue. 

JJ Fitch Doulc• .. rd 

Au•tintn\\11, OWn 4•1S ~ 

Effective Date of Rate: 

Loca17 Craft Junsdk.tion: 

R::cip:octl Cle:!1mghou<e 

1-f.00-43$-~;ss 

(3JO) 270-®!2 

Bncldayc:. 

l.t;rnott'>OII Un:on o: 9:tokltyon •nd Alli.::l Ctdtv.orkcn 

1116 Ey.,Sne:~ N W., Su•t• 750 

w •• :,ngtnn, llC' 2·:l006 

.. 23 .. 

37.24