. . .. 

THE NE"W YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Participation Agreement, executed by the Ulldersigned 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 Ftmd, 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 w1derstand 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 Pru1icipation Agreement. 

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

Covered Group of Employees (Define) ..:.:Hea~vy:.:&:..;. H;;::ig;;.:;hw;.:: ay:..:.Ag:~ee;;;.men:;;;;.:.l·....;O:.;.;;no;;.;ndaO&;:=:.:Cou;;;;;:.;.nty:4--- --------

60Mouth 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Defaull [!] Yes 0 

Schedule A 0 No 0 

Schedule B 0 

Schedule C 0 

ScheduleD 0 

Schedule E 0 

Effective 

Effective 

Effective 

Effective 

Effective 

Effective 

411/13 

611/13 

6/t/14 

6/1/15 

60MonthDB 

{$.05 if Total 

Houri elected) Houri 

$6.62 all hours paid $6.82 

$7.02 all hours paid $7.02 

$7.44 all hours pald $7.44 

$7.89 all hoora paid $7.89 

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

Covered Employees: ~ Bargaining 0 Non-Bargaining 

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

Weeki 

Ill Other 

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 Flmd office on or before the tenth (lOth) 

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

Fuud, 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 Fuud together 

with liquidated damages in the sum of ten percent (10%) of the delinquent amolmt. 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 thnt 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 Flmd, 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 F•md rules and/or provisions of this Participation Agreement, the Employer shall pay the fidl 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 pat1icipation 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 j\Uisdiction 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 tbis 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 Fuud. 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 Pat1icipation 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 oftbis 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 au employee is granted a leave of absence, the Employer shall collect fi'om said employee, p1ior to the leave of 

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

monies shall thereafter be promptly f01warded 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 injwy-ttnd-notifies.the-Empl&ye-f-&f-soob abseace. 

the Employer sba.ll c.ontinue to· make- the -required ~liliit>ufion:s r a- p-eriod-of fom -(4) wee~ployee 

is injured on the job, the Employershall continue to pay the required contributions tmtil sudrempleyee retums teo 

MSt'le. However, such contributionsSbaU aot ue paid:fera period uf '"m-e-~ 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, p8.11icipant, 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 

uibnnal located therein except where othe1wise provided herein. In regard to withdrawal liability arbitration 

2 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

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

hereafter adopted. 

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

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

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

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

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

Covered Group of Employees (Define) Heavy & Highway Agreement- Southam Tier 

REHABILITATION 

Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached) 

Effective 07/01/13 $7.37 all hrs paid D UPS 00 Default 

Effective 07/01/14 $7.81 all hrs paid D FREIGHT - National 0 Schedule A 

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

Effective 0 CONSTRUCTION D Schedule C 

Effective D MUNICIPAL 0 ScheduleD 

Effective 00 OTHER 0 Schedule E 

Covered Employees: [i} Bargaining 0 Non-Bargaining 

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

Fonnula 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 upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied 

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

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

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

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

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

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

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the 

Employer also agrees to continue to make contributions on all these employees for as long as there shall be a 

collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or 

decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written 

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

define the category or categories involved. 

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration 

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

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

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

maximum of one full calendar year. 

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

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

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

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

requirements in paragraph 2 herein. 

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

9. If a regular employee is absent .because of illness ..or off-the-job injury and notifies the..Employ~~=-~~nse, 

the Employer shall continue-to make the-required contributions for a period of four-f41 weeks. ·If a reguku•-empleyee 

is injured on the jeb;-th~Employer stnrti ·conthruncr P'ay-the reqaired-corrtributioos-·tmttl-sueh-empleyee--retums-to 

work. However, such contribution~ shall not-be-paid-for-a-perie~f.more..tftafl-=::::=::-wee ks. 

l 0. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union 

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

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

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

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

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

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

2 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury
Jan 14 101~ ~4 5~pm PO~J 

20164 01 - 14 15:50 CONSTRUCTlON 2026248107 » p 5/5 

l1 Q n IZ£ lSf lCfci!D(t - - ' 

PIPELINE CHOURLYl RATES 

NEW YORK- ZONE 11 (Locals 118 & 317 

2/1/14 

GROUP l $27.37 

GROUP 2 $26.82 

GROUP 3 $26.55 

H&W 

PENSION 

PLTRAJN 

LMCT 

$11.08 

$5.24 

$.25 

$.20 

7/1114-6/1/15 6/1/15-5130/16 

$27.06 

$26.51 

$26.24 

$11.08 

$5.55 

$.25 

$ .20 

$28.56 

$28.01 

$27.74 

$11.08 

$5.55 

$.25 

$ .20 

PREMIUMS (National) 

Steward 

Stringing Truck 

Hazmat 

Mechanic 

r.owboy 

Fuel Truck 

+$2.25 

+$2.25 

+$1.00 

+$2.25 

+$2.25 

+$2.25 

NEW YORK ZONE 11 -COUNTIES (Locals) 

~~ 

Rroomc (317). Cayuga (317), Chenango (317), Delaware (317), •Gcncst:c: ( 118). l.ivingston 

(118), Monroe (118), *Ontario (118/317), Orleans (1 I 8). Seneca (317), Tioga (3 17). Wayne: 

(118/317). Wyoming (118) and Yates (118) 

•Genesee (Locul 118): Alexander, Batavia. Bergen, Bethany, Byron. Elha. Leroy. 

Oakfield, Pavilion & Stafford 

•ontario U.ocal 118): Farmington, Vie1or & West Bloomfield 

•Ontario {Local J l7): Rristol, C".anadice, Canandaigua, East Bloomlield, Ucnt!va. 

Gorham, Hopcwdl, Manchester, Naples, Phdps, Richmond, Sent!ca and Suuth lJristul 

Updated 6ftl/15 
THE NEW YORK STATE TEAl~TERS CONFERENCE PENSION AND RETIREl\tiENT FUND 

PARTICIPATION AGREEMENT 

1. (a) Tltis Pat1icipation Agreement, executed by the tmdersigned Teamsters Local Union (hereinafter "U1tion") and 

Employer, is the basis for pa11icipation in the New York State Teamsters Conference Pension & Retirement Ftmd 

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

this Ftmd, are bound by tills Participation Agreement and all of the rules and regulations of the Fund now ancVor 

hereafter adopted. 

(b) The Employer and Union understand and agree that the Ftmd 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 

tills mle or any other rule or provision of tltis Pat1icipation Agreement. 

(c) The Employer agrees to contribute as follows, not to exceed tl1e maximtml: 

Covered Group of Employees (Define) HIGH FALLS OPERATING/Genesee Brewef}' Plumbers Local13 

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected) Houri Weekl 

Default ~ Yes 0 Effective 3.67 u~ na 3.67 146.80 

wfJ...,.. 

Schedule A 0 No ~ 

~ ::z./ttLt?> 

Effective ~ :vLJv f!1 -3:69" Jd't na ..a:B8 J ,.•}if ~ t5"J.,t.t> 

Schedule B D Effective .2LW2&t5 ;l-L?f!s 4.18 na 4.18 167.20 

Schedule C 0 Effective 21_w2.0*- .z-L c-f!" 4.43 na 4.43 177.20 

ScheduleD 0 Effective 

Schedule E 0 Effective 

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

Covered Employees: [!] Bargaining D Non-Bargaining 

Contributions begin on all employees fi"om the first hom of tl1e 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 tl1e Fund are to be received by the Fund office on or before the tenth (IOtl1) 

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

Fw1d, but not to exceed by tl1e end of the same month due. 

2. Fail me on the part of tl1e 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 pe1iod of delinquency, damages, 

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

inctmed by tl1e Fw1d in recovering the above. In addition, the Employer must pay all arrears due the Fund together 

with liquidated damages in tl1e sum of ten percent (10%) of the delinquent amount. The late payment of atly 

delinquency by the Employer shall not in any way relieve it from tl1e obligations set forth above. In addition, when 

the Employer is notified in writing by the Fund that it is delinquent, tl1e Employer must inlmediately pay the 
delinquent amount to the Fund. After said payment, the Employer may appeal the Fund's decision to the Board of 

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

the mles of the Fund, the Employer and all its participating employees, at the Fm1d's sole discretion, shall cease to 

pat1icipate in the Ftmd, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

3. The Ftmd may, at any time, audit the payroll records of any and all employees of the Employer at a tinle 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 provisions of this Participation Agreement, the Employer shall pay the full cost of the 

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

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

4. The Fund shall be open to pat1icipation 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 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 conhibutions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Pru1icipation 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 ru1y artd all mles and regulations or 

decisions covering tlus 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 tl1is Pat1icipation Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regu.Jation, such declm·ation 

shall in no way inlpair the effectiveness or continuity of the rest of tl1e provisions of tllls Participation Agreement and 

such provisions are hereby expressly declared to be saved ti-om such illegality. 

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

maximum of one full calendar year. 

7. If an employee is grru1ted a leave of absence, the Employer shall collect from said employee, prior to tl1e leave of 

absence being effective, sufficient monies to pay tl1e required contributions during the pe1iod 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 at1d does not so comply, the Employer must pay the conuibutions subject to all other 

requirements in paragraph 2 herein. f'~ u~ # ~ ~~~~w0 wa--v---

8. TI1e Employer agrees to furnish such information as may be necessary to enable tl1e Fund to carry out its duties. ~(o) tv~-;..._., 

9. If a regular employee is absent because of ilb1ess or off-the-job injlll}' and 7~be Employer of such absence, 

the Employer shall continue to make the required contiibutions for a period of weeks. If a regular employee 

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

work. However, such contributions shall not be paid for a petiod of more than _o __ 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 Ftmd, the Tmstees 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 FWld in 

ru1y manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable 

tribwtal located therein except where otherwise provided herein. In regard to withdrawal liability arbiu·ation 

2 
Redacted by the U.S. Department of the 

Treasury Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury
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 Ftmd 

(hereinafter "Ftmd"). 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 mles and regulations of the Fund now and/or 

hereafter adopted. 

(b) The Employer and Union m1derstand 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 ru·e full-time, part-time, casual 

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

this mle or any other mle or provision of this Pat1icipation Agreement. 

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

Covered Group of Employees (Define) HIGH FALLS OPERATING/Genesee Brewery Sheet Meta1 Local46 

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected) Hourl Weeki 

Default ~ Yes 0 Effective ~~11(!3 3.67 ww'Yna 3.67 

C-!1 ,_.... 

146.80 

Schedule A 0 No ~ Effective ~u,Qg~..- ;~l.!o{!t/ ...l,89' J I 'if na ~ :J.'ilf ~ (fj'7. {, () 

Schedule B 0 Effective ~ eb/Js 4.18 na 4.18 167.20 

Schedule C 0 Effective ~ ;.J..LB-1!~ 4.43 na 4.43 177.20 

ScheduleD 0 Effective ,. zA.-:....-

Schedule E 0 Effective 

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

Covered Employees: [!] Bargaining 0 Non-Bru·gaining 

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 ttip. 

(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 accmed, except when otherwise agreed by the 

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

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

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

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

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

with liquidated druuages in the SUill of ten percent (10%) of the delinquent ruuount. The late payment of ru1y 

delinquency by the Employer shall not in any way relieve it from the obligations set forth above. h1 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 Fund. After said payment, the Employer may appeal the Fwtd'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 Fund, the Employer and all its participating employees, at the Fwtd's sole discretion, shall cease to 

pa11icipate in the Ftmd, and the Employer shall be responsible for all the benefits and all other charges specified 

herein. 

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

agreed upon at no extra charge to the Employer. fu the event it is found that the Employer has not fully complied 

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

audit that bas been performed by the Fw1d. In addition, the Employer shall be responsible as set forth in this 

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

4. The Fund shall be open to pa11icipation by any group of members belonging to a pm1icipating Union that fully 

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

employees working outside the jm·isdiction 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 

categmy 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 are issued by the Ftmd. 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 tllis 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 tllis Pai1icipation 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 

maximtml of one full calendar year. 

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

absence being effective, sufficient mmlies to pay tlte required contributions during the pe1iod of absence and such 

monies shall thereafter be promptly fmwarded to the Fund in accordance with tlte 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. fl .-4/vUJ u.:,._, if 7 ;U ~ __ tJ.. • u . ..,_ cv,c,~ { ;u-1- ve~ 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to can-out its duties. ~ {o.) IVtL; 

9. If a regular employee is absent because of illness or off-the-job injury and n=;11e Employer of such absence, 

the Employer shall continue to make tlte required conhibutions for a period of fJ weeks. If a regular employee 

is injmed on the job, the Employer shall continue to pay the required conh·ibutions until such employee returns to 

work. However, such conttibutions shall not be paid for a period of more than _o _ _ 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 Ftmd, the Tmstees thereof or any employee, 

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

Trustees against any claimant, applicant, employee, participant, the Union or the Employer pei1aining to the Fwtd in 

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

ttibw1al located therein except where othenvise provided herein. In regard to withdrawal liability arbitration 

2 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury
l515 

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 "FWld"). 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 Fwtd contributions shall be made, as set forth herein, 

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

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

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

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

Covered Group of Employees (Define) Pnxluclion/Mafntenance/WarehouSCJtlrewing/Security 

Rehabilitation 

Schedule 

60 Month 

Death 

Benefit 

Default 0 Yes 

Schedule A 0 No 

ScheduleS 0 

Schedule C 0 

ScheduleD 0 

Schedule E [!] 

.,2.09-' /, •)f 

~ ~.i~ 

.z.a5 .2.3"~ 

60MonthDB 

($.05 if 

elected 

na 

na 

na 

na 

Total 

Houri 

1.64 

..2-96'" I, 9q_ . .lttf .2,/(, 

~;z.:n 

Week! 

73.60 

...!J.O.II&'"" ,.,,., ,~ 

1]5.86"' d' /,-4P 

,!16.80 9'~. :z,p 

w~ ... ·r..-- 11\ij:) ----=-· --- (j7 

---

Contract Type: 0UPS 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 oftice on or before the tenth (lOth) 

day of the mouth following the month in which said monies were accmed, 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 Fwtd 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 Flllld, the Employer and all its participating employees, at the FWld's sole discretion, shall cease to 

participate in the Flllld, 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 mles and regulations of the Fund. In addition, the Employer may contribute to the Fund for 

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

However, if these employees are included, the Employer agrees to make contributions on all employees in this 

category subject to the same conditions and on the same basis as is provided in this Pru1icipation Agreement, and tlte 

Employer also agrees to continue to make contributions on all these employees for as long as fuere shall be a 

collective bargaining agreement between the Employer alld the Union, subject to any a11d all rules and regulations or 

decisions covering this group that are issued by the F\llld. 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 tJlis Participation Agreement be declared to be in violation of t11e LaborManagement Relations Act of 1947, as amended, or allY oilier 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 fue 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 t11e leave of 

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

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

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

requirements in paragraph 2 herein. P~..hv vr·1 JJA. u:_f:'~ 

(MI-~c~ W 

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

·~ (o) w~--n-- 't7 

9. If a regular employee is absenl b=use of illness or off-the-job injury and n=he Employer of such absence, 

the Employer shall continue to make the required contributions for a period of weeks. If a regular employee 

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

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

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

or the Employer, or their agents, successors or assigns, against the Fund, ilie Trustees iliereof or allY 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 lhe Employer pertaining to the Flllld in 

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

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

2 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the 

Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

. PARTICIPATION AGREEMENT 

1. {a) This Participation Agreement, executed by the undet'Signed Teamsters Local Union (hereinafter "Union,) and 

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

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

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

hereafter adopted. 

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

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

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

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

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

Covered Group of Employees (Define) 114418 H. P. HOOD, LLC ~ERNON CULTURE/ SPECIAL PRODUCTS) Barualnlng Group 

60Month 60MonthDB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected) Houri 

Default [!) Yes D Effective 03/1612013 2.6712 2.8712 

Schedule A 0 No [i) Effective 0311&'2014 2.8316 2.8315 

Schedule B D Effective 0311512016 3.0014 8.0014 

Schedule C D Effective 03/1612018 3.1815 3.1816 

ScheduleD 0 Effective 

ScheduleE 0 Effective 

Schedule G D Effective 

Contract Type: 0UPS D Freight-National 

Covered Employees: [j} Bargaining 

D Construction D Municipal 

D Non-Bargaining 

Contributions begin on all employees from the ftrSt hom' of the fit'St day of employment. 

106.85 

113.26 

120.06 

12'7 .28 

[j] Other 

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

equals hours per tl'ip. 

(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 Employet· 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 attomeys1 fees, auditors 1 fees, court costs, disbursements and expenses 

incurred by the Fi.md in recovering the above. In addition, the Employer must pay aJI 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 

1 
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 

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

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 patticipation 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 ~!so agrees to continue to make contributions on all these employees for as long as there shaU 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 declar~d to be in violation of the LaborManagement Relations Act of 1947, as amended, or any other State or Federal statute or regulation, sue~ 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 ~mployer 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 sha,ll thereafter be promptly folWarded 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 il\iured on the job, the Employer shall continue to pay the required contributions until such employee a-eturns to 

work. However, such contributions shall not be paid for a pedod 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, sticcessors 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 pet·taining to tl)e Fund in 

ariy manner, shall be bl'ought in the appropriate coutt in the County of Onondaga, New York or other applicable 

2 
Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury Redacted by the U.S. Department of the Treasury
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (herei nafter "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: 

HP ~od LLC - Vernon Transportation #4420 

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 01/0112015 3.9570 3.9570 158.28 

Schedule A D No [!] Effective 0110112016 4.1945 4.1945 167.78 

Schedule B D Effective 01/0112017 4.4462 4.4462 177.85 

Schedule C D Effective 

ScheduleD D Effective 

Schedule E D Effective 

Schedule G D Effective 

Contract Type: OUPS 0 Freight-National D Construction D 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 

(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 ofTrustees, whose decision shall be final and binding. In the event of failure ofthe 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. 20 1407 
upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

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

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

regulations and/or collection policies. 

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

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

jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included, 

the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same 

basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these 

employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any 

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

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

specifically define the category or categories involved. 

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

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

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

expressly declared to be saved from such illegality. 

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

one full calendar year. 

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

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

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

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

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

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

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

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

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

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 !January 1 • 2015 and continue until expiration of the collective bargaining 

agreement on December 3 1, 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 terminate the participation of the Employer and 

provide written notice of the date oftermination, 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 
Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the Treasury
731.{1 

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 participati~g employees~ and ~he Union, as a condition of particip.ation in 

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

hereaftet· adopted. 

(b) The Employer and Union·undcrstand 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 

Ol' 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 Participa~ion Agreement. 

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

Covered Group of.Employees (Defme) _H_P_Hoo ____ d:...,l....,LC_ • ...:..(P....,Ia_us_b_ur,_on_D_IYI_s_Jo_,nl _ __________ __,__ 

REHABILITATION 

Rates ofContribution: Howlv Weekly CONTRACT TYPE: SCHEDULE (attached) 

Effective 7/112013 . 3.00anall hours paid 0 UPS 00· Default 

· Effective 711/2014 · 3.16 on all hours paid 0 ·FREIGHT- National 0 Schedule A 

Effective 7/112015 3.35 on ell hours paid 0 . FREIGHT- Area ·o Schedule B 

Effecfive 7/1/2016 3.66 on all hours paid D CONSTRUCTION 0 Schedule C 

Effective D MUNICIPAL 0 ScheduleD 

Effective ~ OTHER 0 Schedule E 

Covered Employees: [j] Bargaining 0 Non~Bargaining 

Contributions begin on all employees from the fil'st 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 Fti~d 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 pal1 of the Employe1; to timely cont.dbute 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, 

t·eirobursement to the Ftmd for the Fund's attorneys' fees, auditors' fees, cou1·.t costs, disbursements and expenses 

incurred by the F\md in recover)ng the above. In addition,' the Employer must pay alln.rrears .due the Ftmd together'· 

with liquidated damages in the sum of ten percent (I 0%) of the delinqu~nt amount. The late payment of any 

. delinquency by the Bmpioyer shall not in any way l'elieve it from the obJigations· set fmth ab.ove. In addition, when 

1he Employer is notified in writing by the Fund that it is delinquent, the Etnploye1· must immediately pay the 

delinquent amo1,11lt to the Fund. After said. payment, the Employer m.ay appeal the Fund's deci$ion to the Board of 

1 
Tmstees, whose decision shnll be final and binding. In the event of failure of the Employer to comply with any of . 

the mlcs of the Fund, the Employer and itll its participating employees, at the Flmd's sole discretion, shall cease to 

participate in the Fund, and the Employer shall be responsible for all the benefits and all other chal'ges specified 

het:ein. · · 

3. The Fund may, at any time, audit the payroll re9ords of.any and all employees of the Employer at a time mutually 

agreed 'upon at no extra cbnrge to the Employer. In the event it is found that the Employer has not fully complied . 

with the Fund n1les and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the · 

audit that has been perf01med .bY the Fund. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Fund's rules, regt,~lations and/or collection policies. 

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

compJies 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 fot· as long as there shall be a 

co11ective bargl}ining agreement between the Employer and the Union, subject to atJY 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 ori:let· to have these non-covered employees included. Such request must specifically 

.define the category or ~ategories 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 impah· the effectiveness or co~tinuity of tl1e 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 ful.l calen<Jar 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 ro 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 eno.blC?.the Fund. to carry out its d.uties. 

9. If a regular employee is absent because of illness or off-the·]ob injury and notifies the Employer of such absence, 

the Employer shall continue to make the required contributior:Js for a period offour (4) weeks. If a regular employee 

is injured on the job, the Employer shall continue·to pay the requit·ed 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 proceediJ18S commenced or initiated by any claimant, applicant, employee, partiCipant, the Union 

or the .Employer, or their agents,. successors or assigns, again~t the Fund, the Trustees thereof or any employee, 

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

. Trust~es against any claimant, applicant, employee, participant, the Union or the Employet· 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 locat~d therein except where otherwise provided herein. In regard to withdrawal liability arbitration 

proceeding , all· such arbitrations shall be· initiated in the Boston, Massachusetts regional office· of the Amer.ican 

2 

I 

l ! 

i 

I 

I 

. I 

·I 
Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the Treasury
THE NEW YORK STA '(E TEAMSTERS :CQNFER,ENCE ;PEN.SION AND RETIREMENT FUND . · . · . . ·. . . . · .. · .. ~-- :~~-.~:~::~·~>~ ~~:;=~-·~~::: :: I{:~~~ ·~J:]~ ~·;: ;.=;i·~~::~ _;~· ~:~: ~~:·~~:. · :::~.'.: : ·: :: . . ::. . . . .. . 

. . . / PAR:rJCIPATH)N iA'GREEMENT 

.. ·. · ·. • . ·. . · ..... · ... :·., j: ..... ·,L:~.·.:~~ ": .:\~I·')'~~;:·: .:~·~: :~:·~t:~ ::·~:~·;· .. , ::-: ' . . , . . . . .. . ._ .. .!· <~> T!lifrnrt•cwpJi?n..,1&~~cnt~1h ~~--., ~Jtl! pY. !~~._ M~~!~i~n~~ r~~m~t~xs .. Lo£q~ 4~i()l}.:.(t}c~ein, (fl~t. ul)n,ir;» ~'~~ ~n~~~~'P.I~Y~r· IS the. ~01:5·~. ro,r P~f ~wa!l~~ !nl\~1,t:fl:, ~X~% §!~~e.:r~~ll1 S\Crs <;,onrc.re;n~c. P~nsl.~ll ~ ... ~~~t~~mf:~l.\ ~! ~eJit~r~JDti ~~{ ·.:'f1Jh9 ~· The EmpJcm~r, Jts.: pa)11~1P,~hQ.g etl'!pJ.QY.~S ·' '!'!d. Jh9 .. l,Jnlon, ,II;S a ~on~t!. Q~ Qf pa)1_1 tpntto ~ In '!tis F~nd, arc bound by t!us ~~ ~~!U~~~~Jj~~fficlf Hjr!~~~~.t: ~~ii1 eri t, Pla·n documents ond ,nil ·.;;r tl~~ _rules .ii'n.CI i'-¢~ )<?hs !)(the :Funa now 1in:dlor 

her.~~ ~~ a,9.9i>~~~. P-.r. ~~ c;,. C?I!f~ ~f:T !Jst ces. 

(~) Th~:·,~ti'P. ~y~ ·:~~ . ~~ion un~crs and ~nd_,a~r~~ Jha.~ Jlw fl!tl~ con~rjput.io~ .Sl1ail ~ fT!il~~. n~ set fo.J:th h~r~i,~ ... on bll 

cmpl9y~~ q~irig arg*!_z)lng unit ~V.~Jk, !m::sp~~li:Yt: of ,~!t tl ~r .. ai~ c~ployees are full-~ii1~e, part-time, casiial ~r ~eii$.9,~~!. 

~~epi as ls~ ~ther\yis~· provided ~rcj j .. N,~ ~~rec(ltcnt bet\vi~n the Em.ployer an~ the Union ·shall niter this: riil~ cir n)' bthd· rule or provtssol) of th!S Port!clp~11(ln ,Agr.eement! . . . . . ' 

(c) The Employer agrees to coillrl~~llc 'as fqllo\v~, not to.- X:~c;: the maximum: 

·o . d a . f. E . 1 .. ·.~ <D. •n· .. >.H P Hdo.O .LLC - #7348 overe roup o rpp oyee~ . e n~ .. · · .. ·: .. , ·· · · · 

6o Month Rch~biJit~tiQn ··De'alll" · Schedule . Beilefit . . Rates of Conliibution: 

oc.rnul~ [!]

0

• vNc;:~ "'

0

o Schcd~lc A.. Schcdulc'B D 

sclic.<iuic c o 

SCitedule'D 0 

Scited.u.le E D 

SchcduleG 0 

Contract Type: ours 

.. :: 

Enecti"ve 12itui2Cu4 

Effective ..,.,210..- .. .,.in· ,...o-,6---

Eircdfvc . 1m inola . 

Efieciive ,:uO,ncn7 ~fl:ccliv~ ..:=:.::..::=;.;..:..... __ _ 

Effective .,__--.. __ _ 

Effective _. -'--- --

D rrclght-National 

Covered Employees: 00 Bargaining 0 Non-Bargaining 

Houri 

3,6711! 

4.1257 

4.3732 

·: . 

: · .. 

.... '" . ..... . · .. .. ... •: .. 

Contributions begin on oil cn.lployees from the first hour of the flrst day of emptol'merit. 

. 3.6'/lg ... H6e8 . 

3.&922 :. .. ,55 .. 69 

..;:is' . 16$.03 

4.3732' ,~ vJ .. 

Formula for Road Drivers Contributi'orts: Total miles driven in 0. tour of duty dlvld,~d by 75 mJI~s p~f Oti ~<)Un(s hOUr$. per,trip. · · 

(~) All SUfh pay,nents to. ~ .. ~liiiCI~. !~ th~ f.uM n.re .to ~~ ~c~civ~~ by the Fnn9 orf!~~ OJ\ .or ~~fq,r~ {~ d~j~~1 <~9.~ilg~Y. <?~ i!~C. . month. followm$ the mont~t. m wN~~ satd m~mes we~ ~~crued, ~:-;cept when olherwtse agrc~~ ·. bY !h~ .. li~~! ~L,I~J~9,t .. ~p ~~ccc~. 

by the end ofth.c same month dl!e~ . . · · · ·' · · · · · 

I 
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 Pund shall be open to pa1ticipation by any group of members belonging to a participating Union that fully complies with 

all rules and regulations of the Pund. 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 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 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, patticipant, 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, patticipant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in 

the appropriate coutt 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 cout1 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

41131

14 · and continue until expiration of the collective bargaining 

agreement on 1

4115117 . 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 
Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the Treasury

Redacted by the U.S. Department of the 

Treasury

Redacted by the U.S. Department of the Treasury