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: 

B. GIAMBRONE COMPANY (DRIVERS & WAREHOUSE/ALL EMPLOYEES) 

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 6/14/2013 3.60 3.60 144.00 

Schedule A 0 No [!] Effective 6/14/2014 3.90 3.90 156.00 

Schedule B 0 Effectivt; 6/14/2015 4.22 4.22 168.80 

--- Schedule C 0 Effective 6/14/2016 4.57 4.57 182.80 ---- --- ScheduleD 0 Effective 6/14/2017 4.95 4.95 198.00 

Schedule E [!] Effective 

Schedule G 0 Effective 

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

Covered Employees: [!] Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the tirst 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 oftice 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 

(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 fonvarded 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 othenvise 

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 161

91

2013 : and continue until expiration of the collective bargaining 

agreement on I ~/1 0120 ~ 8 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 ainin ~--------------~--~~----------------------

Eft": • d f 11 • b · · UNE 9 2013 tectJve ate o co ect1ve argammg agreement: =---;=-====-' =========================,.--~ 

Expiration date of collective bargaining agreement: :....jJ_U_N_E __ 1_0.:.... ! _2_1-=.~------=--------------~ 

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. F~rther, to the extent there exists any conflict between any provisions of this 

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

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

LOCAL UNION# 118 

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

SIGNATU 

PRINT NAME: JEFFREY SARGENT 

PRINT TITLE:BUSINESS AGENT 

DATE:_---'J __ --L/£-=-'2----r-,1_)'-____ _ 

NEW YORK STATE TEAMSTERS 

lSI NORTHERN CONCOURSE, 

MAILING ADDRESS: P. 

Sl GN A TU RE: ___________ ____ 

EXECUTIVE ADMINISTRATOR 

REV. 201407 

EMPLOYER: B. GIAMBRONE COMPANY 

SIGNATU 

PRINT TITLE~RESJ.OENT 

DATE: 7} (p ,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 panicipation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafler "Fund"). 

The Employer, its panicipating employees, and the Union, as a condition of panicipation in this Fund, are bound by this 

Panicipation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now 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 abrrees to contribute as follows, not to exceed the maximum: 

B. GIAMBRONE COMPANY PIT 

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

60 Month 60Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected) 

Default [!] Yes 0 Effective 6/Ul/2013 I IS 1.15 ollwwmod 

Schedule A 0 No (!] Effective 6/1012014 liS 1.15 o:J tnwonod 

Schedule 8 0 Effective 611M015 1 15 I 15 aUnwothd 

Schedule C 0 Effective 611012016 1,15 1.15 a• Ills wo11. o d 

ScheduleD 0 Effective li/1012017 1 15 1.15 oHvs ..mod 

Schedule E 0 Effective 

Schedule G 0 Effective 

Contract Type: ours 0 Freight-National 0 Construction 0 Municipal [!)Other 

Covered Employees: [!] Bargaining 0 Non-Bargaining 

Contributions begin on all employci!S 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 oft he 

month following lhe 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' f~es. court costs, disbursements and expenses incurred by the Fund in recovering the 

nbove. 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 fonh above. In addition, when the Employer is notified in writing by the Fund that it is delinquent, the 

Employer must immedi ately 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 panicipating employees, at the Fund's sole discretion, shall cease to 

participate in the Fund, and 1he Employer shall be responsible for all the benefits and aU other charges specified herein. 

3. The Fund may, at any time, uudit the payroll records of nny nod 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 perfonned by 

the Fund. In addition, the Employer shall be responsible as set fonh 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 workjng 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 A!,>Teement, 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. 1l1e 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 elTective, 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 parab'TIIPh 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 sl1all continue to make the required contributions for a period of four (4) weeks. (fa regular employee is injured on 

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

contributions shall not be p11id for n period of more 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, seiVice 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 coun in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise 

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

Massachusetts regional office of the American Arbitration Association and all hearings nnd 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 fonh 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. 

I I. lltis Panicipation Agreement shall become effective as of the date of execution hereof and the payments provided 

hereinabove shall be a able from and after 1

61

1012013 and continue until expiration of the collective bargaining 

agreement on 6'

1 0/2018 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 oftennination, 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 tenninate participation because it no longer has an obligation to 

2 

REV. 201407 
• r- ,. ' 

contribute by contract or stutute. c) the date the NLRB certifies the results of an election that temtinates the Union's 

representative status or, d) the dOle the Union·s representative status terminates through a \'alid disclaimer of interest. The 

Employer sha ll pay any contribution rate increases due under the Rchabi litat1on J>lan in clli:ct during negotiations with the 

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

Agreement must be sisned und submitted for each successor collective bargaining agreement. 

EfTective date of' collccti VI! bargaining agreement: -~;=U=N=E=S=, =2°=1=3========'"'= =====-=====--_.. 

Expiration date of collective bargaining ngrccmcnt: '-lJ_U_N_E_1_0_._2_0_1_B _ _________________ __, 

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

signatory to a current Participation Agreement. 

13. This Paniciprllion Agreement represents th<! entire agreement anti understanding of the p<~nies und supersedes all prior or 

contemporaneous agr~ ts or understandings. whether oral or written. As ~uch, this Participation Agreement may not be 

modified except by n writing sigm:ll by all parties. Further, to the extent there c'ist5 any conflict between any provisions of this 

Participation Agreement and uny provbions of the collective hargaining agreement. this ranicipntion Agreement shall control. 

The parties hereto hnvu en used this Pnrticipntion Agrt!emcnt to be executed on the dote shown b) cnch of their signatures below. 

LOCAL UNION# _1_18 __________ _ EMPLOYEH: B GIAMBRONE COMPANY 

SIGNATUR 

REY.201407 

SIGNATU 

PRINT NAME:BENEDICT GIAMBRONE 

PRINT TITLE: PRESIDENT ----------------·------------ DATE:c;:/ -;;?_3 ./--4~'-£....._ __ _ 

ENCE PENSION AND RETIHLMENT FUND 

nJ<..v .~o... NY 13::! 12 

Nl:.W YOR~ 13'2 1;~ /;. 

DAT"'--------rj4--

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 patticipation in 

this Fund, are bom1d by this Participation Agreement and all of the mles and regulations of the Fund now and/or 

hereafter adopted. 

(b) The Employer and Union tmderstand and agree that the Ftmd contributions shall be made, as set fo11h herein, 

on all employees doing bargaining unit work, irrespective of whether said employees are full-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 rule or provision of this Pruticipation Agreement. 

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

Covered Group of Employees (Defme) _s_&.....;.s_T_Ru.:...;c_K_IN_G_co_. __________________ _ 

Rehabilitation 

Schedule 

60 Month 

Death 

Benefit Rntes of Conuibution: 

Default D Yes 

Schedule A 0 No 

D Effective 4/112014 

------ [!] Effective 41112015 

Effective -41-:-1120~16 _ __ _ Schedule B 00 

Schedule C D 

ScheduleD D 

Schedule E D 

Effective 41112017 

------ Effective 41112018 

Effective ------

Houri 

1.41 

1.51 

1.60 

1.70 

1.80 

60MonthDB 

($.05 if 

elected) 

Total 

Houri 

Contract Type: 0 UPS D Freight-National D Constmction D Mtmicipal 

Covered Employees: [!] Bru·gaining D Non-Bargaining 

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

Weekl 

56.40MAX 

60.40MAX 

64.00MAX 

68.00MAX 

72.00MAX 

~Other 

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

equals hours per hip. 

(d) All such payments to be made to the Fund are to be received by the Ftmd office on or before the tenth (lOth) 

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

reimbmsement to the Food for the Fund's attorneys' fees, auditors' fees, court costs, disbm·sements and expenses 

incmred by the Fund in recovering the above. h1 addition, the Employer must pay all anears due the Ftmd together 

with liquidated damages in the sum of ten percent (10%) of the delinquent amotmt. 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 Ftmd. After said payment, the Employer may appeal the Ftmd'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 mles of the Ftwd, the Employer and all its pruticipating employees, at the Fund's sole discretion, shall cease to 

participate in the Ftwd, and the Employer shall be responsible for all the benefits and all other chru·ges specified 

herein. 

3. The Ftmd may, at any time, audit the payroll records of any ru1d all employees of the Employer at a time mutually 

agreed upon at no extra cbru·ge to the Employer. In tl1e event it is found that the Employer bas not fhlly complied 

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

audit that bas been petfmmed by the Fund. In addition, the Employer shall be responsible as set forth in Ibis 

Participation Agreement and the Fund's mles, regulations and/or collection policies. 

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

complies with all rules at1d regulations of the Ftmd. In addition, the Employer may contribute to the Ftmd 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 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 allmles 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 Ftmd in order to have these non-covered employees included. Such request must specifically 

define the categmy or categories involved. 

5. Should allY of the provisions of this Participation Agreement be declru·ed to be in violation of the LaborManagement Relations Act of 194 7, as amended, or allY 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 Ftmd 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 dtuing the period of absence and such 

monies shall thereafter be promptly fmwarded to the Fund in accordance with the mles of the Fund. In the event the 

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

requirements in paragraph 2 herein. 

8. The Employer agrees to fumish such information as may be necessary to enable the Ftwd to catTy out its duties. 

9. If a regulru· 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 tmtil such employee returns to 

work. However, such contributions shall not be paid for a period of more than _4 _ _ weeks. 

10. All actions ru1d proceedings connnenced or initiated by any claimant, applicant, employee, participant, the Union 

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

se1vice provider, representative or agent thereof, and all actions and proceedings conunenced by or on behalf of said 

Tmstees against any claimant, applicant, employee, pa1ticipant, the Union or the Employer pe1taining to the Ftmd in 

any manner, shall be brought in the appropriate cow1 in the County of Onondaga, New York or other applicable 

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

2 
proceedings, all such arbitratious shall be initiated in the Boston, Massachusetts regional office of the American 

Arbitration Association and all hearings and related proceedings shall be conducted in Syrncuse, New York. Iu 

regard to fedeml district comt actions, all such actions shall be colllillenced and heard in the United States District 

Cotu1 for the Notthem Disu-ict of New York. It is specifically agreed that any action or proceeding conunenced or 

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

11 . This Pruticipation Agreement shall become effective as of the date of execution hereof and the payments above 

provided shall be payable from and after 4/112014 and expire on 3/31/2019 .This agreement shall continue iu full 

force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be 

signed an d submitted for each subsequent collective bargaining agreement. 

Effective date of collective bargaining agreement _A_P_R_I_L_1....;.,_2_0_1_4 ____________ _ 

Expiration date of collective bargaining agreement _M_A_R_C_H_3_1_, _2_0_1_9 __________ _ 

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

Union are signatory to a cunent Participation Agreement. 

13. Tius Pruticipation Agreement represents the entire agreement and tmderstanding 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 pru1ies hereto have caused this Participation Agt·eemeut to be executed on the date shown by each of their 

siguat11res below. 

LOCAL UNION# 118 

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

ADDRESS: 130 METRO PARK 

ROCHESTER, NY14623 

SIGNA 

PRINTNAME: DAVID WEILERT 

PRINT TITLE: BUSINESS AGENT 

ATE.·-~~~~~------~~----+----

REV. 1/201 2 

EMPLOYER: B & S TRUCKING CO. 

ADDRESS: 11878 WATKINS AD 

CATO, NY 13033 

SIGNA 

PRINT NAME: SHELLY M KENT 

PRINT TITLE: PRESIDENT 

DATE: '-\- I'- I LJ 

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: 

BARR TRANSPORTATION/ FIT TRUCK DRIVERS 

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 9/1/2015 5.36 5.36 214.40 

Schedule A 0 No ~ Effective 911/2016 5.80 5.80 232.00 

Schedule B 0 Effective 9/1/2017 6.28 6.28 251.20 

Schedule C 0 Effective 

ScheduleD 0 Effective 

Schedule E ~ 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 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 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%) ofthe 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 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 inforn1ation 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 a able from and after 1

91112015 J and continue until expiration of the collective bargaining 

agreement on B/3 ~ _! 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 ~--------------~--~~----------------------

Ef~ · d f 11 • b · · EPTEMBER 1 2015 , ect1ve ate o co ectJve argammg agreement: 4======;:;;;;;;;;:==:::=:===;;;;;;;;;;====================================;;;;;;;;;:===~-~ 

Expiration date of collective bargaining agreement: ;..;::;;; =-~-'S:;;;;;,..;;; 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# _1_18 ___________ _ EMPLOYER: BARR TRANSPORTATION 

ADDRESS: 130 METRO PARK 

ROCHESTER, NV 14623 

- ~ Redacted b> the US Department of the Treasurr 

SIGNATURE ----

NEW YORK STATE TEAMSTERS 

151 NORTHERN CONCOURSE, 

MAILING ADDRESS: P. 

REV. 201407 

SIGNATURE: 

PRINT TITLE:_P_R_E_SI_Dr-E_NT--::::----------

DATE: ,f,/z.s'P 

PENSION AND RETIREMENT FUND 

NY 13212 

NEW YORK 13221- 4928 ~ ..---

DATE: lj~ 

3 
c 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: 

BARR TRANSPORTATION CASUAUPT/SEASONAL TRUCK DRIVERS 

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 [!] Yes D Effective 9/112015 1.00 1.00 40.00 

Schedule A D No [!] Effective 91112016 1.06 1.06 42.40 

Schedule B D Effective 91112017 1.12 1.12 44.80 

Schedule C D Effective 

ScheduleD D Effective 

Schedule E D Effective 

Schedule G D Effective 

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

Covered Employees: [!] 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 (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 

1 

REV. 201407 
upon «t 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-tl1e-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. 

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 tl1at 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 1

91112015 and continue until expiration of the collective bargaining 

agreement on 1

81311

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 
qi-tlt~ 

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 ainin a reement. 

Effective date of collective bargaining agreement: ~Si=E=P= == , 15=============================i-~ 

Expiration date of collective bargaining agreement: ;.;: jA=U=G=U=-S-=T=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# _1_18 ____________________ __ EMPLOYER: BARR TRANSPORTATION 

ADDRESS: 130 METRO PARK 

ROCHESTER, NY 14623 

~ . edacted b> tbe U S Department of the Treasllf\" 

SIGNATURI 

NEW YORK STATE TEAMSTERS 

151 NORTHERN CONCOURSE, 

MAILTNG ADDRESS: 

SIGNA 

REV. 201407 

SIGNA 

PRINT NAME:_A_N_D_Y_P_H _______ _ 

PRINT TITLE:_P_R_E....;;S.,....ID_E_N_T ________________ _ 

DATE: ,f/'L("f~ 

PENSION AND RETIREMENT FUND 

13212 

NEW YORK 13221-4928 

3 
01- 15-14;09:15AM; # 2/ 4 

TBE NEW YOR.K STATE TEAMSTERS CONFERENCE PENSION AND RE'J."'R.EMENT FUND 

PA'RTTCIPA TION..WREEMJNT 

1. (a) This Participation ~emcnt. executed by the undC3igrud ~stcra Locall.lnton (herelna.&r "Union") IU'ld 

Employer, b tho bash! for participation in tho Now Yotk StAC4 T~lltuJ Conference Pemion & Retirement Fund 

(hcrr:inafkr "Fund"). The Employer, it! puticlpatlng ~mplO)'~tl.a, !nd tho Union, as a condition o( parti~ipation in 

this Fund. Cli'C bound by thh Participation Agr~emcnt and atl af the rules and r~gulationJ of the Fund now and/¢~ 

hcruftcr adopted. 

(b) Tho Employer and Union undecstartd and asrco lh..C the Fund tontributiot'IS shall be mw:l~ as 5ct forth herein, 

o~ All esnployees doing bargAinil:lS unit work, itr~pective of whether aa.id ernployc:cs "~ f\dl·timc, pm-~mc, ~~.tal 

or .-uonll.l, ~tpt OS it otherwise provided herein. No asrctmcnt bctwc;c;n the employer anc! the Union shall alter 

thi:s rule: or any other rule or provision of~bis Pattictpation A~rc~mcnt. 

(c) The Emplo)'er agcc:cs to c:ontrib\lte ~follows, not tO exceed the maxim\lm: 

Covered Oroup ofEmplo)'CC." (Ocfine) .:.:1120'1;::,;.:5;,::a~~~~M::.:.:.:;;.:o~a;:.;:.J>j.;;;"':::.~'~::;;1'4~";:.;."'c.:;;._ ____________ _ 

60Month 

RehabilitAtion Ocflth 

Schedule Benefit 

Default B Yes C] 

SQhcdui-A No 00 

Sd);dulc a 

SchcdulcC 

Sebedulo [) fM 

Sahedule e 0 

sl-liedule 0 0 

Contrtct Type: OUPS 

Rntes of Contribution: 

Efrec:t{ve t012J2,013 

Effi:ctivc 1Mm1• 

Slre~i e IM401D 

Sffectiyc 

Eff'eetive 

Effective 

Bfltctlvc 

D F~ight·N~tional 

Houri 

60 Mol\th DB 

($.05 if' 

etc.;tc 

Totsl 

Hour\ 

Covered Employees: [il Bargaining 

0 Construction 0 Mut1ici'pa1 

0 Non·Bru-gaining 

Contributions begin Ol\ all employ~ from the: first hour of the first day of cmplo)lm~m. 

i]Other 

Formula for Road DL·ivcrs Contrib~lons: Toml miles driven in ll tour of dut;y divided by 2S mil~ per hour 

~u!lls hours per trlp. 

(d) All such p~)'ll'laus to be made to the: fund a~ to b~ received by th~ Fund office on or b-;fo~ the ~nth (1Oth) 

~)' of the month followins the month in wl'tich said monies wm: accrued, Cltc<:pt when. othcrwtsc :lgrced by' the 

Fund, but not to «c~ by the ~nd oftbe same month due. 

U Failure on tllc part ofth~ Employcl' ~o timQIY coi'IU'ibute on any of its employee& as specifi¢4 horcin shalt m:llkc t.hc 

e\np!oycr Jlabfe f'01 &IJ etnpJoy~c: bcnttit CJaitnS Whi~h :l{C incurred duting ~ period of d~Jinqu~IO)', dama~cs, 

r~:imbW"Scmcnt to me F\lnd for the Fund'» anomcys' f~. w.sditors' fees, court costs, disbursement$ anct c~p~ ~5 

incurred bJ' the fund in rccQvcnn& the above.. ln adcfrtion, the: Employer m~ pay allarrctLrs due the Fund to~cr 

with liqui~ttd damOiCl In w swn of ten pereettt (10%) of th~ delinquent amount The late paymctlt of any detlnqucn~y by the Employer shall not in an)' w~y rcllevo it from the obligntiont 'et forth 111.bove. In acldttlon. when 
.. 

01-15-14;09: 15AM; # 3/ 4 

... .-

tHe Employer i' notified in writing by the F1.1nd tlmt it is delinquent, the Employer must immedia.tcly pay the ~linquent amount to the Fund, After $aid pAymant, the Employer mny appeal the Fund's d~tsion to the Board of · 

Trustees, wh~ deei.slon shall be flnnl and binding. In the event of failure 9fthe 8mploycr to eomply with lfty of 

the rules ofthc Fundt the £mployer o~nd 41.!llt:s pnnicipatiog eniployees, at the Fund•s sote discretion, shall cease to 

pllJ'ticipate in the Fund, and the Employer skall be r~poruibla for all the: benefits and nil other oharset speoified 

horcin. 

3. The Fund mny, at any time, audit the payroll rec:oL'cls ofony and all cmployetJs of the Employar at~ time mutually 

litCcd upon 3t no ~XU'a charge to the Employer. In the event lt Is found 'lh.tt lhe Employer has not fully complied 

wilh the Fund rules and/or provisions of this Participation Agreement, tho Employ0r shall pa.y the full co5t of the 

audit that has been ~nonncd by the Fund. ln addition, the Employer shall be r~oosiblc as s~t forth In this 

Participation Agreement nnd tho Fund's rules, r¢gulations and/or colleetio., poliei~. 

4. The Fund shall be open to participation by any group of mr:mbr:rs belonging to a participating Union that fully 

eompll~ with all rules snd regul~tions of the Fund. ll\ addition, the Employer may cona-ibut~ to the Fund for 

employee& working outside the jurisdiction of the collective bnrgainins agreement in the amount indioMed @ave. 

Ji.'Owever, if these employees are included, the Emplo)'er agrees to make oontrlbudons on au employ"! in this 

o.atego.ty subject to the same conditions and on the same bcsi.s as li provided in this Pardoipation Agreement, ~nd the 

Employer abo agrees to continue to make contribution~ on all these employees for as long as thero shall be a 

collective bargaining agreement bei:Wec:n the Employer and the Uniont subjeat to any an.d all rules and regulations or 

dceisions c:overine this group that 3re issued by the Fund. The Employer mu&t request in writin; and receive written 

approval from the Fund tn order tO have th~e non-oovered employee• inoh~ded. Such rcqum must specifically 

defJ.nc the category or categories Involved. 

S. Should any of the pl"'vision• of this Participation Aareement be decl.o.red. to be In violation of the Labor~ 

Mtnlgemenl Relations Act of 1947. as amended. or any other Slate or Federal statlJte or regulation, such declaration 

ahall in no wt.y impair the effcc.tlvenes$ or con~i uit)' of the rest of the provi~ions of this Participation Agreement. and 

sueh prQvisions Arc hereby expressly declared to bo ~vcd from such illcg&lHty. 

~. Pa)'ments to the fund must be mnde by the Employer for all compens11ble V4~tion nnd holidn.y time up to a 

moximuln or one full calendar year. 

7 ,, lhn employee ls granted a. le&vc or M5enee, the Employer I lUI It coli eel from said employee, prior to the leave of 

M>scnec being effective, 3uffioient monjes to pay the n:quired contributions during the period of ab$cnce ond such 

monies alwll there8ftc:r be prompt! y forwarded t~ the Fund in nccordance with the ndea of the Fund. Jn the event th~ 

Employer grants a leave and does not so comJ?ly, th~ Employer must l't'Y the contributions subjec:t to all other 

requirements in paragraph 2 herein. 

8. The Employer agrees to film ish sudl infonnation .ns may be ntces$UI')' to enable tln: Fund to catry out its duties. 

9. If a regular employee is absent because ot'illnei5 or off-the-job injury :md notifies the Employer ofsueh lbsenae. 

1he Emplo)":r sha\1 contimsc to make the required COI\tributions for n period of four (4} wee~. If G. regular employee 

is il'\iurcd on the job, the Employer shaH continue to pay the required contribution$ until such employee t'Ctums to 

work. However, S\lch contributions shall not be p11id for a period of more than ~ 'M:eks • 

.1 0. All :~octions and proceedings commenced or lnitiM.ed by any claimant. appli~t, employe~ participant, the Union 

or .the Employer, or their J~Lgents, suece3sors or wlsn•. asnin•t tht Fund, the T~es theRof or :my employee, 

serviee prov!del'. repteSentl\tive or llgent thereof, and all a~lons and pco~cedints commenced by or on behalf of' said Tru~ against an)' cl•lnwn, •pplicant, employee, participl1llt. the Union or the Employer pc~ining to the Pund In 

a~)' manner. :shall be b\'Ollght In thr: llppropriate court in the County or Onondag&. Naw Yo'tk or other applicable: 

2 
01-15-14;09 :15AM; # 4/ 4 

tribunal located therein except where otherwise provided bertin. In regard to withdrawal liability acbittation 

proceedings, all $UCh arbintions shall be initiated in th£ BQ.ston, M3.$$4chusetts resion:~-1 office of tho Amcri~ 

Arbitration ksociation nnd all hce.rinp .und relatte<i proceedings shall be eonducted jn Syracu$c:, New York. In 

reprd to federal distr ~ court ~ens, all such nc:tions shall be commenecd and heard in the United States District 

Court for the Northern District of New York. It is .specjfjcaJJy agreed that any action or proceeding commenced or 

initiated in any other juriscUction or venue shall be transferred to th~ approprl• court or tribunal specified herein. 

11. Thi& PAnlciplltioD Agtctmcnt shall become effective as of the dale of execution horeof and the pnymlt\t!l ~bove 

providut .vlu\ll be 1'1\Ylble !tom and after 10/!11013 and expire Ql'l 10111201G .Thi:J agreement -'ht.ll cootinue in fuU 

force and effect fol' the same tenn 09 the collective bargaining agreement A new Participation Agreement rrtust b~ 

sign tel and submiu~d for e!lCh subsequent collective b;argalning agreement. 

Eff~l;t\ve d~te of collective bargaining ngreement _1_0_12_12_0_1_3 ___________ _ 

Expir.ltion da~ of coltcctivo batglining a3reement _1_0_/1_12_0_1_6 ______ ...... .-...._....__ .... 

12. The Employer and hs employees shall not be entitled to pe.rticipnte in this Fund unl= the Employc:r and the 

Union are signatory to a current Participaoon AJRcmcnt. 

13. This Pa.-tioip1UOI\ Agreemen~ tepre.sellt$ the entire nareem~t and undersbnding of the parties and iiupcraedes .all p~ior or contemporaneous agreement$ or under.stan<lings, whether oraJ or written. As su~, this Purticipation 

Agreement may not be modified e.'{cept by a writing signed by all parties. 

The pmics hereto have caused thll Participation Apement to be ele.tcUted en the <Ultc: shown by each of their 

signatures below. 

LOCAL UNION# a75 ~PLOVER: Battenfeld-American, lno. 

ADDRESS: 656 Englewood Avenue 

Buffalo. NY 14223 

SJONA 

P~1 C. 

p~ TlTLa: Seeretary .. TreasurarJBA 

DATE: f//0,/(3 

NBW YORK srAT£ TEAMSTeRS 

lSl NOR.TliER.N CONCOURSE, 

MAJL£NO ADDRESS: P. 

R.EY. 11/2012 

\ 

,. . 

J: 

I ' • tt t fl I 

ADDR.BSS: 1575 Clinton S1reet 

Buffalo, NY 14206 
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 ma..'<.imum: 

C d G fE I (D fi ) 

Warehousemen, Fork Lift Operators 

overe roup o mp oyees e me --- -----------------------

60Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default D Yes D Effective 3/1/2015 3.45 138.00 

Schedule A D No .[!] Effective 311/2016 3.67 146.80 

Schedule B [!] Effective 

Schedule C D Effective 

ScheduleD D Effective 

Schedule E D Effective 

ScheduleG D Effective 

Contract Type: Ours D Freight-National D Construction D Municipal [!]Other 

Covered Employees: [!] 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 (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 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. 201 407 
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 aJso 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 irtiured 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. 

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 1

31112015 and continue until expiration of the collective bargaining 

agreement on 212 2017 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 certifi 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 effect during negotiations with the 

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

Agreement must be signed and submitted for each successor collective bargaining agreement. 

Effective date of collective bargaining agreement: :... ~r=='=20 ======= ============'--...:. Expiration date of collective bargaining agreement: '-1

2

..::;.;_12

_8_1_

2_0_1_7 _ _ _ _ _______________ ___..:. 

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. 

LOCALUNlON# _2_64 ____________________ __ 

SIGNATU 

DA 

EMPLOYER:._B_e_n_lin ____ _ _ _ ____ _ 

•• 

SIGNATURE: 

.. . ~ 

Reructed b>~the l' S D~partn1ent of the 

Treasurr 

PRINT NAME: Robert H. Bennett 

PRINT TITLE::-P_r..,.. es_id_e_n_t ----- - ----

DATE: zh/t.r-

• i 

NEW YORK STATE PENSION AND RETIREMENT FUND 

151 NORTHERN CONCOURSE, 

MAILING ADDRESS: P 

SIGNA 

REV. 201407 

13212 

3 
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: 

Warehousemen, Fork Lift Operators,New Hires after 3/1/2013 

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 I!] Yes 0 Effective 311/2015 3.40 136.00 

Schedule A 0 No I!] Effective 3/1/2016 3.61 144.40 

Schedule B 0 Effective 

ScheduleC 0 Effective 

ScheduleD 0 Effective 

Schedule E 0 Effective 

ScheduleG 0 Effective 

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

Covered Employees: I!] 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 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 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. ln 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~ 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 j3/1/2015 and continue until expiration of the collective bargaining 

agreement on 2128/

2017 I 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 tenninates 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 p..s.:;;.uc;;.;c;.;;.es::.:s;.;;.o.:...r .:;;.co::.:l.:.;le;.;;.c.;.;.tiv..;.;e;;..b::.:a.;.;.r£a;.;.;i;..;.ni;..;.n;;;z..;;s;.;;;.;;.;..;.;.;.;.;.;,;._ ______ _ 

Effective date of collective bargaining agreement: :..;;··i='

1

='=2=

0

=

15================="::::::::::::::::--.:. 

Expiration date of collective bargaining agreement: ;;..J

2

_

1

_

28_1

_

2...;;.0_1_7 _______________ ___:__....::.... _ __,_ 

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# _2_64 __________ _ 

ADDRESS: 35 Tyrol Drive --~----- Cheektowaga, NY 14227 -------

SIGNA 

PRINT 

DATE··--~~~~~~--------~~--+----

NEW YORK STATE TEAMSTERS 

151 NORTHERN CONCOURSE, S 

MAILING ADORES 

REV. 201407 

EMPLOYER:._B_e_n_li_n ___________ __ 

••• .. . .:; . 

. .. ~ 

Redacted by the 1: S Department of 

SIGNATURE: the Treasurr 

PRINT NAME: Robert H. Bennett 

PRINT TITLE:._P...,...re:....:s_id....:.e_nt __________________ _ 

DATE: z/.-Qj,f' . 

3 
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 ofthis Participation Agreement. 

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

C dG fE I (D fi ) Bimbo Bakeries USA, Inc. Part-Time overe roup o mp oyees e me --------------------- - ----

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri 

Default 0 Yes 0 Effc.ctive ol/1115 .45 .4$ 18.00 

Schedule A 0 No [!] Effective 

Schedule B 0 Effective 

Schedule C !!] Effective 

ScheduleD 0 Effective 

ScheduleE 0 Effective 

Schedule G 0 Effective 

Contract Type: 0UPS D 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 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 clalms 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 

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

aJI 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 aJl employees in this category subjeGt 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 shaJI 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 offour (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 federaJ 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 1

411115 and continue until expiration of the collective bargaining 

agreement on 1

12131115 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. 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 Participation 

Agreement must be signed and submitted for each successor collective bargaining agreement. 

Effective date of collective bargaining agreement: '-F;=/ 2115 ============== ====--~ Expiration date of collective bargaining agreement: :... 14_1_13_1_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. 

I 3. 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# 31_ _7 ____ ______ _ 

ADDRESS: _

41 __ H~ ___ A_~----------------­

Binghemton, NV 13904 

SIGNATURE: __________ ___ _ 

PRINT NAME:.:..;R:.::ob::..:e::.:.rt:..;F...;.Irm=s.:;: to;.;.; n _________ _ 

PRINT TITLE:_Bu_s_ln_e_ss_A-'g,._e_n_t -----------

DA ~·-------------------~=-~---

EMPLOYER: Bimbo Bakeries USA, Inc 

ADDRESS: 255 Business Center Drive Sle 200 

Horsham, PA 19044 

SIGNATURE: 

edacted b> the C S D~pattment ot theTreasurr 

• 

PRINT NAME: Rodney Malarchik 

PRINT TITLE: Director of Labor 

DATE: )o h..rt /J L 

r • 

NEW YORK STATE ER!YC<)NF ERlBN( E PENSION AND RETIREMENT FUND 

15 I NORTHERN ''n'"'"''."' 

MAILING ,... ., ...,."'J'"' 

REV. 201407 

""VV"JJ• NY 13212 

YORK 13221- ;;..6----

DATE: (.J ~ '(} I 

3 
FW: Bimbo Bakeries - Pension 

FW: Bimbo Bakeries- Pension 

Ken Stilwell 

Sent: Friday, December 11, 2015 3:43 PM 

To: Lesley DeBuque 

Lesley -just an FYI. 

From: Jeff Heller 

Sent: Friday, December 11, 2015 3:42 PM 

To: rmalarchik@bbumail.com 

Cc: Ken Stilwell 

Subject: Bimbo Bakeries- Pension 

Mr. Malarchik: 

Pagel of2 

*<lol+ 

Following up on your conversation with Ken, I've calculated the minimum required pension rates for this contract 

to maintain participation in SChedule C of the Fund's Rehabilitation Plan from the last rate on file in 2012 through 

2019 as follows: 

4/8/2011 0.3700 50~ 

4/8/2012 0.3941 6.50% 

4/8/2013 0.4206 6.75% 

4/8/2014 0.4490 6.75% 

4/8/2015 0.4794 6.75~ 

4/8/2016 0.5117 5.75~ 

M8/2017 0.5462 6.75% 

~/8/2018 0.5831 6.7S'Y< 

~/8/2019 0.6225 6.75'Y< 

Any questions, just let me know. 

Happy Holidays! 

Jeff 

31 

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https://exchange.nytftJncl.org/owa/?ae=Item&t=IPM .Notc&id=RgAAAADJs7sdVW%2fn... 1/29/20 16 
;• .. 1 

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 ofTrustees. 

(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: 

red G fE I (De&! ) Bimbo Bakeries USA, Inc. Full-Time #9311 

Cove roupo mpoyees 11ne ---- --------------------

60 Month 60Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri 

Default 0 Yes 0 Effective 04106'2015 4.1780 4.1780 187.12 

Schedule A 0 No [!] Effective 04108/2018 4.4600 4.4000 178.40 

Schedule B 0 Effective 04106'2017 4.7611 4.781\ 1110.44 

Schedule C [!] Effective 04/0812018 5.0825 5.0825 203.30 

ScheduleD 0 Effective 04106'201Q 5.4256 5.4264 217.02 

Schedule E 0 Effective 

Schedule 0 0 Effective 

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

Covered Employees: I!] Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the tirst 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 ofthe 

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. Failune 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 al l 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 shalt 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 Pund. 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 perfonned 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 shalt 

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 shalt 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 shalt be 

conducted in Syracl15e, 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 payable from and after lo4/08/201S and continue until expiration of the collective bargaining 

agreement on j04/0712019 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. 201407 
! 

.. . Cf3ll 

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 tenninates through a valid disclaimer of interest. The 

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

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

Agreement must be signed and submitted for each successor collective bargaining agreement. 

Effective date of colledive bargaining agreement: .:...P;=

4

/=1=212=0=1=5==.....,..-=-..,.--==-====-=-...,.=::::a::....:o ...... .----< 

Expiration date of collective bargaining agreement: .:... 104_11_3_12_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 t11c entire agreement and undeJStanding 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 MY 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# _3_17 ___ ______ _ 

ADDRESS: _41~H ~_m __ A_ve __________________ ___ 

SIONATUR~ PRINT NAME:Robert Flrmstone 

PRINT TLE =::Bu;;.;s;,;,;ln.;.;;ess~Ag~e:..;.:n..:...t ----------

DATE: /f 

I 

/c-

' 

/! ~ 

EMPLOYER: Bimbo Bakeries USA, Inc. 

ADDRESS:· 155 Business Center Drive Ste 200 

Horaham, PA 19044 

SIGNATURE: 

ed>cted b> the t• S Department ot th~ Treasurr 

6 

PRINT NAME: Rodney Malarchlk 

PRINT TITLE: Director of Labor 

DATE: __________________________ __ 

NEW YORK STATE TEAMSTERS "-~ 'trr. ~• "-r.. PENSION AND RETIREMENT FUND 

151 NORTHERN CONCOURSE, NY 13212 

MAILING 

3 

REV. 201407 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

1. (a) This Participation Agreement, executed by the 1Uldersigned 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 bol.llld by this Participation Agreement and all of the m les 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 othetwise provided herein. No agreement between the Employer and the Union shall alter 

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

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

Covered Group ofEmployees (Define) _o_rtv..;..ers..;.._ ____________________ _ 

Rehabilitation 

Schedule 

60Month 

Death 

Benefit Rates of Contribution: 

Default 0 Yes 

Schedule A 0 No 

ScheduleB 0 

ScheduleC 0 

ScheduleD • 

ScheduleE 0 

0 Effective 7/1/15 

~ Effective -7,-1,-16 ___ _ 

Effective 111111 

Effective ------

Effective 

Effective 

Houri 

$4.38 

$4.72 

SS.09 

60MonthDB 

($.05 if 

elected) 

Total 

Houri 

Contract Type: 0UPS 0 Freight-National ~ Constmction 0 Municipal 

Covered Employees: II] Bargaining 0 Non-Bargaining 

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

Weeki 

0 Other 

Fotmula 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 tl1e Fund office on or before the tenth (lOth) 

day of the month following the month in which said monies were accmed, except when otlterwise 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, comt costs, disbursements and expenses 

incurred by the FUlld 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 

1 
delinquent amount to the F1md. 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 failm-e of the Employer to comply with any of 

the ndes 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 mles and/or provisious of this Participation Agreement, the Employer shall pay the full cost of the 

audit that has been performed by the F1md. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Ftmd'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 mles and regulations of the Fund. In addition, the Employer may contribute to the Flmd for 

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

However, if these employees are included, the Employer agrees to make contributious 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 mles and regulations or 

decisions covering this group that ru·e issued by the Fund. The Employer must request in writing and receive Wiitten 

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 provisio~ are hereby expressly declared to be saved from such illegality. 

6. Payments to the Fmtd 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 contJ:ibutions dtu-ing the period of absence and such 

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

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

requirements in paragraph 2 herein. 

8. The Employer agrees to furnish such infmmation as may be necessary to enable the Fund to cany 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 injmed 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 peliod 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 Flmd in 

any manner, shall be brought in the appropriate comt in the Com1ty of Onondaga, New York or other applicable 

tribtmal 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 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 North em District of New York. It is specifically agreed that any action or proceeding commenced or 

initiated in any other jurisdiction or venue shall be transferr-ed to the appropriate court or tribunal specified herein. 

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

provided shall be payable from and after 07/1/15 and expire on 6130/18 .This agreement shall continue in full 

force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be 

signed and submitted for each subsequent collective bargaining agreement. 

Effective date of collective bargaining agreement _7_1_1_11_5 _______________ _ 

Expiration date of collective bru.·gaining agreement _6_13_0_1_1_8 _______ _______ _ 

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

Union are signatory to a cwrent Participation Agreement. 

13. This Participation Agreement represents the entire agreement and tmderstanding 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 tllis Participation Agreement to be executed on the date shown by each of their 

signatures below. 

LOCAL UNION# 294 

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

ADDRESS: 890 Third Street 

SIGNA 

P~NAME:_J_o_h~~~-------------­

PRINT mLE: President & PEO 

DA -·-------~~~~--------~~~---

NEW YORK STAlE 

151 NORTHERN 

MAILING ADDRESS: 

REV. 1/2012 

EMPLOYER: Bonded Concrete, Inc. 

ADDRESS: PO Box 189 

Watervliet, NY 12189 

SIGNATURE 

R~ctact~ct by the l' S 46~· Department o l the TreasUIT 

p~ NAME: Thomas Clemente 

PRINT TITLE: President 

·-------------------------- DATE: -------------------------------

3 
.· 

THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

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

hereafter adopted. 

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, 

on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual 

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

this rule or any other rule or provision ofthis Participation Agreement. 

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

Covered Group of Employees (Define) _o_riv_e_rs ______________ _______ _ 

REHABILITATION 

Rates ~{Coutriblltion: How·lv Weeklv CONTRACT TYPE: SCHEDULE (attached) 

Effective 09/25/12 $3.88 -- D UPS D Default - Effective 09/25/13 $4.14 D FREIGHT - National ~ Schedule A - - Effective 0912511.8' l 'i $4.42 D FREIGHT- Area D Schedule B 

Effective """Ni'> 9 D CONSTRUCTION D Schedule C 

Effective D MUNICIPAL D ScheduleD 

Effective ~ OTHER D Schedule E 

Covered Employees: · lj) Bargaining D Non-Bargaining 

Contributions begin on all employees from the first hour of the first day of em~lo e t. 

/V?tl>f tjc.b /»t ~ ~ ~JlA -r; ~~ Formula for Road Drivers Contributions: Total miles driven in a tour of du tVI ed 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 conh·ibute 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 togethet 

with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any 

delinquency by the EI11ployer shall not in py 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 bef.\veen 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 194 7, 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 a11 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 a11 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, successots or assigns, against the Fund, the Trustees thereof or any employee, 

service provider, representative or agent thereof, and all actions and proceedings cornmenced 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 
Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In 

regard to federal d istrict 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 proceed ing commenced or 

initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal specified herein. 

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

provided shall be payable from and after 09125112 and expire on 09/24/15 .This ag reement shall continue in full 

force and effect for the same tenn as the collective bargaining agreement. A new Participation Agreement must be 

signed and submitted for eoch subsequent collective bargaining agreement. 

Effective date of collective bargaining agreement _0_9_1_2_5_11_2 _______________ _ 

Expiration date of collective bargaining agreement _0_9_/_2_4_11_5 _________ ____ _ _ 

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 Agreeme nt represents the entire agreement and understanding of the parties and supersedes all 

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

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

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

signatures below. 

LOCAL UNION# 294 

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

ADDRESS: 890 Third Street 

SIGNATURE· 

PRINT NAME: ____________ _ 

PRINT TITLE: President & PEO 

DATE: ___ ---==4-=-..u.....l'+---- .yt;--1---

EMPLOYER: Bonded North, Corp. 

ADDRESS: P.O. Box 189 

SIGNATURE: 

PRINT NAME: Tom Clemente 

PRINTTITLE: ff't-.Jtd,offDATE: .2{ 3&(12 

NEW YORK STATE T EA 

15 1 NORTHERN CONCOUR 

:RENCE PENSION AND RETIREMENT FUND 

NY 13212 

MAILING ADDRESS: E, NEW YORK 13221-4928 

DATE: _ _ :=.r-!...f-'- ----

REV. 5/2010 

3 
THE Nl~W VORl< STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) Thi!: ParticiJ>:lliou Ag.rccnh.mt. cxccutcd by the undersign('(! Teamsters Local Union (herdnalicr ··Union"") and Employer. 

is the ba!:is li.w partic ipation in the New York Statc Teamsters Conference Pension & Retirement Fund (hereinafter ··Fund"'). 

The Employl.!r. its participating. cmploycl.!s. and thc Union. as a conditinn of participation in this Fund. arc bound by this 

Particip;llion i\g.l-cemcut. thc Tnt~! t\g.rccmcnt. <~n documents and all of the rules and regulations of the f-und now and/or 

hcrcatkr adopted by the Oonrd or Trustees. 

(b) The Employer nnd Union understand :md agree that the Fund contributions shall be made. as set forth herein, on all 

employees doiug bargaining unit work. irrespective or whether said employees arc full-time. part-time. casual or seasonal. 

except as is otherwise provide<! herein. No agreement between the Employer nnd the Union shall alter this rule or any other 

n1le or pr(wision or this Participation Agreement. 

(c) Th~ Employer agn:cs to colllrihutc as lbllows. not to exceed the maximum: 

Bonded South #8037 

Cown:ll Group ul' Empluyccs ( L>dinc) ----------------------------

611 Monti! 60 Month D£3 

Rchabi I itatiun Dc:ath (S.OS if Total 

Schl!dulc Ben!! lit Rates uf Contribution: llourl v elected) Houri , Weeki , 

Default [!] Yes 0 Erli:c tivc 07101/2016 256 2.56 102AO 

Scht!dulc A 0 No [!) Erl\:ctivc 07i0112017 2.72 2.72 108.80 

Schedule B 0 Effective 07101/2018 288 2.88 11520 

Schedule C 0 Elli:ctivc ----- Schct.luh: D 0 Efl\:ctivc 

Schedule E 0 Efli:ctivc 

Schedule G 0 Efli!ctivc 

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

Covered Employees: [!] llargaining. 0 Non-Bargaining. 

Contribution.-> begin on all employees lrmn the first hour of thc tirst dny llf employment. 

Funnula li.11· Ruad Drivcrs Contributions: Total miles driwn 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 oflicc on or bcforc the tenth (lOth) day of the 

month !()I lowing the month in 1\ hich said monies were accrtll!d. C:\Ccpt when otherwise agreed by the fund. btlt not to exceed 

hy the o:ml ufthc s;u11c month due. 

~- Failure on the partuf the Employer to timely contribute on :111y or its employees as specified herein shall make the Employer 

liable lor all cmplorec bene lit claims \\hich arc incurred during the period of delinquency. damages. reimbursement to the Fund 

lor the Fund's auornl!ys· lco:s. auditors· Ices. court costs. disbursements and e:...pcnses incurred by the Fund in recovering the 

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

{I 0%) or the delinquent mnoum. The I me payment of any delinquency by the Employer shall not in any way relieve it from the 

obligations sc1 forth above. In additiun. \\hen 1he Employer is nutilicd in writing. by the Fund that it is delinquent. the 

Employer must imnh.:dii!td)· pay thc dclinquc11t amount to thc Fuml. After said payment. the Employer may appeal the Fund"s 

decision to the Bm1rd ofTn1stces. who:;c decision shall be linnl nnd binding. In the event of failure or the Employer to comply 

with any or the rules or the Fund. the Employer and all its pnrticipating.o:mployccs. nt the Fund"s sole discretion. shall cease to 

participate inlh~: Fund. nnd lh~ Emplny.·r sh:tll b.! r~..-sponsiblc lor all th~ l>enclits and all other chnrgcs specified herein. 

3. The Fund lllay. at any time. audit the payroll records or nny and all employees or the Employer at a time mlllually 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 or 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 Pmticipation Agreement. and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall ben collective b<~rgaining agreement between the Employer and the Union. subject to any 

and all rules mtd regulations or decisions covering this group that arc issued by the Fund. The Employer must request in writing 

ami receive written approval li·om the Fund in order to have these non-covered employees included. Such request must 

specifically dcline thc category or catcgmies involved. 

5. Should uny of the provisions of this l)articipation Agreement be declared to be in violation of the Labor-Management 

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

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

expressly declared to be saved from such illegality. 

6. Paymr.:nts to the Fund Jmlst be made by the Employer lor all compensable vacation and holiday time up to a maximum of 

one full calendar year. 

7. If an employee is granted a leave of ;1hscncc. the Employer shall collect from said employee. prior to the leave of absence 

hcing cfl~ctivc. sunicient monies to pay the required contributions during the period of absence and such monies shall 

thcre<tfkr be promptly forwarded to the Fund in accordance with the rules oft he Fund. In the event the Employer grllllts a leave 

and docs 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 inl(mnation us may be necessary to enable the fund to carry out its duties. 

9. If a regular \!mployee is absent because of illness or otT-the-job injury nnd notifies the Employer of such absence. the 

Employer shall continue to make the required contributions lor a period of lour (4) weeks. If a regular employee is injured on 

the job. the Employer shall continue to pay the re<Juired contributions until such employee retums to work. However. such 

contributions shal I not he paid for a period of more than _4_ weeks. 

10. All actions and proceedings commenced or initiated by any chtimant. applicant. employee. participant. the Union or the 

Employer. or their agents. successors or .-ssigns. against the Fund. the Trustees thereof or any employee. service provider. 

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

claimant. applicant. employee. participant. the Union or the Employer pe11aining 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 ollice or the American Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracust'. New York. In regard to fedeml district court actions. all such actions shall be commenced and heard in 

the United States District Court lor the Northern District of New York. The Fund shall not be subject to any 

grievance/arbitration procedure set li.lrth in any colleciive 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 Pa11icipation Agreemcm shall become cflcctive as of the date of execution hereof and the payments provided 

hereinabove si ~~J ~) abi~ J.~!!'!_!~l<l aner 07/01/2016 ~ and continue until expiration of the collective bargaining 

agreemt.!nt on !06/30/2019 subject. however. to the discretion of the Tmstecs. After expiration of the collective 

bargaining agreement. this l)articipation Agreement shall continue in Ill II Ioree nnd cllcct 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 ccrtilicd mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to 

2 

REV. 201407 
-· 

~031 

cOillrihute hy ~<mtract or statui~. c) th~ t.lat~ the NLRB certifies the results of an election that tenninates the Union's 

rc()rcscntativc status or. d) tile dme the Union·s representative status terminates through a valid disclaimer of interest. The 

Employer slmll 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 und regulations of the Fund. A new Participation 

Agreement must be sig.ncd ;md submitted l(n each successor collective bargainin~recmcnt. 

-.. . . . • . '07!01/2016 

U kct•vc \late o l collccuvc barg;un1ng agrccmcnt: •?========================--____.,:. 

Expiration date ofculkctivc bargaininlc! agreement: :....fo6i _

6_13_0_1_2_0_1_9 ____________ ________ ___. 

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

signatory to a current Particip;1tion t\grl'\!lncnt. 

13. This l,articipation A£rccmcnt represents the entire agrccmcnt and understanding of the pnrtics and supersedes all prior or 

cumempor.meous agreements or understandings. whether oral or \\Tittcn. 1\s such. this Participation Agreement may not be 

modi lied except by a writing signt:d hy all panics. further. to the cxtcm there exists any conflict between any provisions of this 

P<~rticipation Agrccmcut illlU ;my p1twisions of thc collc~o:tive bargaining agreement. this Panicipmion Agreement shall control. 

The p1111ics hereto h:IVc caus<.'tl this Pn11idpatinn Agn:cmcnl to be executed on the date shown by each of their signatures below. 

LOCAl. UNIONI/ _2_94 ___________ _ EMPLOYER: Bonded South 

ADDRESS: 

OA 

REV. 20 1407 

ADDRESS: Box 45 County Route 31 

Hudson NY 12534 

Redacted b> th~ l" S D<"pattment ot the Treasurr 

SIGNATURE: 

I,RINT NAME: Thomas Clemente 

PRINT TITLE: President 

DATE: __..;..,;,.~(p--,/-/1j--rv-V----

PENSION AND RETIREMENT FUND 

132 12 

SE. NEW YORK 13221- 4928 

DATE: b i;tlfV ---~7'-41f~~ 

3