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 (hereinafier '·Fund"). 

The E1i1ployer, 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 f-und now and/or 

hereafter adopicd 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 

employe~ doii1g bargaining unit work, irrespective of whether said employees are full-time, part-time, casual or seasonal, 

except as is otherwise provided herein. No agreenient between the Employer and the Union shall aller this rule or any other 

rule or provision of this Participation Agreement. 

(c) The Emp.loycr agrees to contribute as follows, not to exceed the maximum: 

· Glens Falls Ready Mix I Cranesville Block- Hired prior to 6/92 #5191 

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

Rehabilitation 

Schedule 

Default 0 

Schedule A 0 

Schedule B 0 

Ni>Schcdale C 00 

ScheduleD 0 

Schedule E • 

SchedulcG 0 

Contract Type: 

60 Month 

Death 

Benefit Rates of Contribution: 

Yes 0 

@ 

Effective 06101120is 

------ EtTective ..:.o610"-"-112.::..0:_Is,;__ __ _ 

'Effective 0610112017 

Effective 

Effeciive 

Effective 

Effective 

-----

0 Freight-National 

Covered Employees: @ Bargaining 0 Non-Bargaining 

0 Construction 0 Municipal 

Contributions begin on all employees fi·om the first hour or the lirst day of employment. 

@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 arc to be received by the f-und oftice on or before the tenth (lOth) day of the 

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

by ihe end of the same month due. 

2. Failure on the part of)he Employer to timely contribute on any of its employees as specified h¢rcin shall make the Employer 

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

·lor the Fund's attorneys' tees, 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 iit writing by the Fund that it is delinquent, the 

Employer must immediately pay the delinquent amount to tlie Fund. Aller 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 paiiicipating employees, at the f-und's sole discretion, shall cease to 

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

3. The Pund inay. at a'ny time, audit the payroll rl!cords 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 e\·ent il is fount! that the Employer hac; 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 nnd regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the 

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

the Employer ogrees to make contributions on all employees in this category subject to the some 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. subjL'Ct to any 

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

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

spcci lically 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 Stale or Federal statute or regulation, such declnration shall in no way impair 

the effectiveness or continuity- of the rest of the provisions of this Participation Agrt!ement 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 nbscnce. the Employer shall collccl from said employee. prior to the lenve 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 rult!s oJ'the Fund. In the event the Employer grants a leave 

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

8. The Employer ngrees to furnish such information as may be necessary to enable the r:und to carry out its duties. 

9. If a regular employee is nbsent because of illness or off-the·job injury and ~t\lj~te Employer of such absence, the 

Employer shall continue to make the required contributions for a period ol::fo!IJ ( v~~s. If a r..:gular employee is iryured on 

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

contributions shall not be paid for a period of more tha~~~· 

10. All actions and proceedings commenced or initialed 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 nil 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 mnnner, shall be brought in 

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

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

Massachuseus 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 sel forth in nny collective bargaining ngreement. II 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 

speci tied 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 aner 1°610112015 and continue until expiration of the collective bargaining 

agreement on OS/3112018 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 oft he 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
. I 

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 (hereinalier '·Fund''). 

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

Participation Agreement. the Trust Agrecml!nt, Plan documents and all of thl! rules and regulations of the Fund now and/or 

hereafter adopted by the Board ofTrustces. 

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

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

except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other 

rule or provision of this Participation Agreement. 

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

Glens Falls Ready Mix I Cranesville Block- Hired after 6/92 #5192 

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

Rehabilitation 

Schedule 

Dcf.1ult • 

Schedule A 0 Schedule~ 0 NOSclwdttlc~ 

ScheduleD 0 

Schedule E 0 

Schedule G 0 

Contract Type: ours 

Rates or Contribution: 

Efl'ective 0610112015 

--~- Eflcctive ...;..;_:..._..;...;..... 06t0112o1a __ _ Effective 06IOII2017 __.;.,. ___ _ EITectivc 

Effective 

E11cctivc 

Effective 

0 Freight-National 

Covered Employees: ~ Bargaining 0 Non-Bargaining 

60 Month DB 

($.05 if Total 

Houri • elected) Houri ' 

0 Construction 0 Municipal ~Other 

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

f'ormula 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. f'ailurc 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 incuJTed during the period of delinquency. damages, reimbursement to the Fund 

lor 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 ofTmstees. 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 Agrceml!nt. 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 anlVor 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 ond on the same 

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

employees for as tong as there shall be a collective borgoining 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 or the provisions of this Participation Agreement and such provisions arc hereby 

expressly dccl;~red to be saved from such illegality. 

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

one full calendar year. 

7. 1 fan employee is granted a leave of obsencc, the Employer shall collect from said employee. prior to the leave of absence 

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

therealier be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants 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 information as may be nl!ccssary to enable the Fund to carry out its duties. 

9. If o regular employee is obsent because of illness or off-the-job injury and notiOi!slthc Employer of such absence, the 

Employer shall continue to make the required contributions for a period of~v4k!. If a regular employee is injured on 

the job. the Employer shall continue to pay the r<!quired contributions until such employee rctums to work. However, such 

contributions shall not be paid for a period or more than_LCL 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 E3oston, 

Mossnchusetts regional oflice of the American Arbitration Association and all hearings ond 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 :my collective bargaining agreement. It is specifically agreed that any action or 

proceeding commenced or initiated in any other jurisdiction or venue shalt 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 provided 

hereinabove shall be payable from nnd after fo6101'

2015 and continue until expiration of the collective bargaining 

agreement on los/31/2018 subject. however. to the discretion of the Trustees. After expiration of the collective 

bargaining agreement, this Participation Agreemem shall continue in full force and eOcct until a successor collective bargaining 

agreement is executed by the Employer and Union unless o) 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 terminate participation because it no 'longer has on 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
THE \VJ~LFARE FUND OF THE ALBANY AREA TRUCKING and ALLIED INDUSTRIES, LOCAL 294 

EMPLOYER 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 Welfare Fund of the Albany Area Trucking and Allied Industries, 

Local 294 (hereinafter "Fund"). The Employer, its paliicipating employees, and the Union, as a condition of 

participation in this Fund, are bound by all ofthe rules and regulations of the Fund now and/or 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 and/or non bargaining unit work; as described below, 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. 

©) The employer agrees to contribute as follows: 

Covered Group of Employees (Define) Bargaining Unit Employees 

Effective 

Effective 

Effective 

Effective 

Effective 

Date 

12/0112013 

01/0112014 

01/0112015 

0170172016 

Select one in each category below: 

Rate 

$693.00 

$728.00 

$ 801.00 

$ 801.00 

(i) Covered Employees: _.x-=-_Bargaining 

(ii) Rates: liD as listed above per month. 

0 0 

Contribution rates are effective 

each Jamtmy subsequent to the 

initial date of the agreement 

-~Non-Bargaining 

0 

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10) 

day of the month preceding the month in which benefits are to be provided, except when otherwise agreed 

by the Fund. Benefits shall be effective the first day of the month for which contributions are required to be made 

for employees covered under this Participation Agreement. Benefits shall terminate on the last day of the 

month in which contributions are required and paid. 

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 incuned 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 stun 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 reimburs~ the 

delinquent amount to the Fund. After said reimbursement, the employer may appeal the Fund's decision to the 

1 
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 pruticipating 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 

Pru·ticipation Agreement and in accordance with the Fund's current Collections Policy. 

4. The Fund shall be open to participation by any group of members belonging to a pa1ticipating Local 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 runount 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 or Agreements between the Employer and the Union, subject to any and alltules 

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 any 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. The Employer agrees to finnish such infonnation as may be necessary to enable the Fund to cany out its duties. 

8. When an employee who is absent because of a non-occupational or occupational illness, injmy or disease, or leave 

of absence, has notified the Employer of such absence, the Employer shall continue to make the required 

contributions for a period of___l_l_months. 

9. 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 said Trustees 

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

any manner, shall be brought in the appropriate com1 in the County of Albany, New York or other applicable tribunal 

located therein except where otherwise provided herein. In regard to federal district court actions, all such actions 

shall be commenced and heard in the United States District Court for the Not1hern District of New York. It is 

specifically agreed that any action or proceeding commenced or initiated in any other jurisdiction or venue shall be 

transferred to the appropriate court or tribunal specified herein. 

10. This Patticipation Agreement shall become effective as of the date of execution hereof and the payments above 

provided shall be payable ft·om and after 12/0 1/2013 and expire on 11/3 0/2016 T h i s P a r t i c i p a t i o n 

Agreement shall continue in full force and effect for the same tenn as the Collective Bargaining Agreement. Upon 

expiration, unless a new Participation Agreement is signed and submitted to the Fund, the tenns and conditions of 

2 
this Patticipation Agreement shall continue in effect. In that event, the employer shall pay the contribution rate in 

effect on .Ja.-mary 151 of each calendar year. If the employer fails to comply with the above requirements, the Fund 

may terminate the employer's participation and take legal action against the employer for all amounts due the Fund. 

Effective Date of Collective Bargaining Agreement: 12/01/2013 

Agreement: 11130/2016 

. Expiration Date of Collective Bargaining 

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

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

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

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

signatures below. Note: If any additional tem1s and conditions have been mutually agreed upon which affect tlus 

Participation Agreement, use the Addendum page on the reverse side. 

LOCAL UNION# 294 EMPLOYER: Cranesville Aggregates 

ADDRESS: 890 Third Street ADDRESS: 427 Sacandaga Rd. 

Albany. NY. 12206 Scotia. NY 12302 

SIGNATURE: _____________________ _ SIGNATURE: ----------------------

PRINT NAME: ~K~e~v~~· n~D~·wH'-Au~n~te~r...._ _____ _ PRINT NAME: --==~====;...._ Joe Tesiero __________ ___ 

PRINT TITLE: Secretary Treasurer PRINT TITLE: __ P""'r=e=si=d=en=t _______ __ 

DATE: DATE: _____________________________ __ 

Welfare Fund of the Albany Area Trucking and Allied Industries, Local294 

890 Third Street 

Albany, New York 12206 

SIGNATURE:----------------- EXECUTIVE ADMINISTRATOR 

3 

DATE: ___________ _ 
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) ..;;#~51;.;..77 ;_C;_ra;_n..;.;es;_;vi;....;lfc;.;..A~gg:..:re;.::.ga ;_le;.;.s~C;;;.om ;.::pa.;;;n.:.:..y _ ____________ _ 

Rehabi I itation 

Schedule 

60 Month 

Death 

Benefit Rates of Contribution: 

Default ~ Yes 0 Effective _1_210_1_120_1_3 ---

Schedule A 0 No 

ScheduleB 0 

Schedule C 0 

ScheduleD 0 

ScheduleE 0 

ScheduleG 0 

[!] Effective _1_210_112_0_1_4 __ _ 

Effective _1_210_1_120_1_5 ---

Effective 

Effective 

Effective 

Effective 

60 Month DB 

($.05 if Total 

Houri elected Houri 

2.0352 a.o~ 2.0352 

2.1573 2.1573 

2.2867 2.2867 

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

Covered Employees: !iJ Bargaining D Non-Bargaining 

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

81.41 

86.29 

91.47 

0 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 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 incutTed 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 

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 patiicipating 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 patiicipating 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. 

B:owever, 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 arc hereby expressly declared to be saved from such illegality. 

G. 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 fo1warded 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 can·y 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 retums 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, pat1icipant, 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 

2 
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 

Coutt for the NOlthern District ofNew York. It is specifically agreed that any action or proceeding commenced or 

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

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

provided shall be payable from and after 12/01/13 and expire on 11/30/16 .This agreement shall continue in full 

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

signed and submitted for each subsequent collective bargaining agreement. 

Effective date of collective bargaining agreement _1_2_1_0_1_12_0_1_3 _____________ _ 

Expiration date of collective bargaining agreement _1_1_/3_0_1_2_0_1_6 _____________ _ 

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

Union are signatory to a current Palticipation Agreement. 

13. This Participation Agreement represents the entire agreement and understanding of the pal1ies 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 

Albany, NY 12206-1632 

SIGNATURE: ___________ _ 

PRINT NAME: Kevin Hunter 

PRINT TITLE: Business Agent 

DATE: ______________ _ 

Eiv!PLOYER: Cranesville Aggregates Company 

ADDRESS: 427 Sacandaga Road 

Scotia, NY 12302 

SIGNATURE: __________ _ 

PRINT NAME: __________ _ 

PRINT TITLE:. __________ _ 

DATE: ______________________ _ 

NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

151 NORTHERN CONCOURSE, SYRACUSE, NY 13212 

MAILING ADDRESS: P. 0. BOX 4928, SYRACUSE, NEW YORK 13221-4928 

SIGNATURE: -E-X-EC __ U_T __ I_V_E_A_D_M_IN_I_S=TRA_T __ O_R __ _ DATE:. ________ _ 

REV. 1112012 

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 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) ...:C:....;.r=a:..:.ne..::...s;::_v:....;.;il;.;_;le=-=B.:..;;;Io;..::c..:....:k-'C::....:o:....:. .._, .:..:..ln=c..:..... ------------

Rates of Contribution: Hourly Weeklv CONTRACT TYPE: 

Effective 5/1 0/2009 $2.89 $115.60 D UPS 

Effective 5/1 0/201 0 $3.04 $121.60 D FREIGHT - National 

Effective 5/1 0/2011 $3.20 $128.00 D FREIGHT- Area 

Effective 5/10/2012 $3.37 $134.80 D CONSTRUCTION 

Effective D MUNICIPAL 

Effective [j] OTHER 

Covered Employees: lj] Bargaining D Non-Bargaining 

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

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

equals hours per trip. 

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

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

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

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

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

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

incurred by 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 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 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 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 regt:~lar employee is aeseAt eeeattse of ii!Hess or off. the job injttry and notifies the Emplo)et of such absenee-, 

the Employer shall cotilinue to make the teqaited contributions f01 a period offout (4) weeks. If a regular empleyee 

is inJmed on the job, the Employer ~hall ~ontimH~ to pay the required contributi on~ until such empleyee retttms-ID 

work. 1 low·ev·er, sueh eoHtribtttions shall Hot be paicl fer a periocl of more thaH 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 New York, New York regional office of the American 

Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. ln 

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 (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 pa1ticipation 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) ----=-A=I b=a=n..:..~y,_5.::....:..15 :..8::;.._ C"""-'-'ra ..... n....,e"""s"-'v'""'il.ul e"-""B....,Io..,.c<J..lk._,C,...o,.._...._,"""'l n'""c...,. ____ _ 

60 Month 

Rehabilitation Death 

Schedule Benefit Rntes of Contribution: 

Default 

Schedule A 

Schedule B 

Schedule C 

ScheduleD 

Schedule E 

Schedule G 

Q Yes 

0 No 

0 

~ 

0 

0 

0 

0 

00 

Effective ....:.7..:../...:..:1 /....:. 1-=2'------ Effective ~7ul_._1 .L/1 ..... 3.~_ __ 

Effective ~7._._/..L11-J/1L.:l4'---­

Effective 

Effective 

Effective 

Effective 

Houri 

$4.06 

$4 34 

$4 63 

60MonthDB 

($.05 if Total 

elected Houri 

~/A ~4.06 

LA $4 34 

NlA $4 63 

Contract Type: 0UPS 0 Freight-National D Constwction 0 Municipal 

Covered Employees: GJ Bargaining 0 Non-Bargaining 

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

Weeki 

$203 00 

$21Z 00 

$231 50 

[]I Other 

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

equals homs 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 Employe!' to timely contribute on any of its employees as specified herein shall make the 

Employer Jinble for all employee benefit claims which are incurred dul'ing 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 patticipating 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 

Patticipation 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 inchJdcd. Such request must specifically 

define the category or categol"ies involved. 

5. Should any of the provisions of this Pmticipation 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 dming 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 ot· off-the-job injury and notifies the Employer of such absence, 

the Employer shall continue to make the required contributions for a period of f6~{t(t;. 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 _zero weeks. 

I 0. All actions and proceedings commenced ot· 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 

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

any manner, shall be brought in the appropriate comt 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 (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 pmticipation 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 Pat1icipation Agreement. 

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

Covered Group of Employees (Define) Crossett lnc.Kenne<ly Hired after 5117109 while in progression period 

Rehabilitation 

Schedule 

Default D 

Schedule A D 

Schedule B 

Schedule C ~ Schedule 0 D 

Schedule E D 

Schedule G D 

60 Month 

Death 

Benefit 

Yes D 

No [!] 

Rates of Contribution: 

Effective 06t01/2012 

Effective 

Effective 

Effective 

Effective 

Effective 

Effective 

------

Hourly 

0.30 

60 Month DB 

($.05 if 

elected) 

Total 

Hourly 

0.30 

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

Covered Employees: [j] Bargaining D Non-Bargaining 

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

Weekly 

12.00 

!jJ 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 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 speci tied 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 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 conti nue 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 fi·om said employee, prior to the leave of 

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

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

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

requirements in paragraph 2 herein. 

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

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

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

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

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

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 

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 

l. (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 rund, 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: 

Drivers Kennedy Facility Hired Prior to 4/2007 

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 3131/2016 2.4513 98.05 

Schedule A 0 No [!] Effective 3/31/2017 2.6106 104.43 

Schedule B [!] Effective 3/31/2018 2.7803 111.21 

Schedule C 0 Effective 3/31/2019 2.9610 118.44 

ScheduleD 0 Effective 3/3112020 3.1535 126.14 

Schedule E 0 Effective 

Schedule G 0 Effective 

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

Covered Employees: [!] Bargaining 0 Non-Bargaining 

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

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

per trip. 

(d) All such payments to be made to the Fund 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 of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply 

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

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

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

I 

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

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

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

regulations and/or collection policies. 

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

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

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

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

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

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

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

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

specifically define the category or categories involved. 

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

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

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

expressly declared to be saved from such illegality. 

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

one full calendar year. 

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

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

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

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

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

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

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

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

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

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 1

313112016 I and continue until expiration of the collective bargaining 

agreement on 410212021 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 
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 othenvise 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) _o_riv_e_rs_R_o_ch_e_st_er_F_ac_il....:.ity ________________ _ 

REHABILITATION 

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

Effective 6/01/10 1.6275 65.10 D UPS D Default 

Effective 5/29/11 1.7333 69.332 D FREIGHT - National D Schedule A 

Effective ~t~?.D\\~ 1.8460 73.84 D FREIGHT - Area ~ Schedule B 

Effective 6/1/13 1.9659 78.63 D CONSTRUCTION D Schedule C 

Effective 6/1/14 2.0937 83.74 D MUNICIPAL D ScheduleD 

Effective ... ~ l0{1/t5 2.2298 89.19 [!] OTHER Fuel D Schedule E 

Covered Employees: [j] 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 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 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 

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
3.15 455 ,1237 NYS TEAMSTERS BENEFIT 

__ ,2010 

mooth dace 

Board of Trustees 

Atrn: Kenneth R. Stilwell, Executive Administrator 

New York State Teamsters Conference 

Pension and Retirement Fund 

P.O. Box 4928 

Syracuse, New York 13221-4928 

09:33:01 a.m. 06-10-2010 

Re: Increase in 2010 Contribution Rate and Selection of Schedule under 

Rehabilitation Plan 

Dear Board of Trustees: 

We write to advise the New York State Teamsters Conference Pension and Retirement 

Fund ("Fund") that the undersigned Union and Employer have entered into collective bargaining 

negotiations over the Fund's rehabilitation plan consisting of Schedules A-E and a Default 

("Rehabilitation Plan"). 

As a result of these negotiations, the undersigned Union and Employer certify that they 

have reached an agreement that provides for an increase of 5% or more in the contribution rate 

during calendar year 2010 and that the following schedule will apply (please check one of the 

following): 

0 Schedule A 

IKJ Schedule B 

0 ScheduleC 

0 ScheduleD 

0 Schedule E 

0 Default 

The undersigned Union and Employer certify that their above-referenced agreement 

concerning the 2010 contribution rate and applicable Rehabilitation Plan schedule is 

memorialized in a written collective bargaining agreement (or amendment thereto) and the 

participation agreement entered into among the undersigned parties. 

2/3 
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 tile 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 mle or provision of this Participation Agreement. 

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

Covered Group of Employees (Define) Drivers Rochester Facility Hired After 4/23/2007 

REHAB I LIT A TI ON 

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

Effective 6/01/10 .3150 12.60 D UPS D Default 

Effective 5/29/11 .3355 13.42 D FREIGHT- National D Schedule A 

Effective<~ 6l~ 1')- .3573 14.29 0 FREIGHT - Area ~ Schedule B 

Effective 6/1/13 .3805 15.22 D CONSTRUCTION D Schedule C 

Effective 6/1/14 .4052 16.20 D MUNICIPAL D ScheduleD 

Effective ~ ~} 1,:( .4316 17.26 ~ OTHER Fuel D Schedule E ...e. I 

Covered Employees: lj] 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 
'I , . 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 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 

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
315 4551237 NYS TEAMSTERS BENEFIT . . ·. ·, . 09:33:01 a.m. 06-10-2010 

__ .,2010 

mooth date 

Board of Trustees 

Attn: Kenneth R. Stilwell, Executive Administrator 

New York State Teamsters Conference 

Pension and Retirement Fund 

P.O. Box 4928 

Syracuse, New York 13221-4928 

Re: Increase in 2010 Contribution Rate and Selection of Schedule under 

Rehabilitation Plan 

Dear Board of Trustees: 

We write to advise the New York State Teamsters Conference Pension and Retirement 

Fund ("Fund") that the undersigned Union and Employer have entered into collective bargaining 

negotiations over the Fund's rehabilitation plan consisting of Schedules A-E and a Default 

("Rehabilitation Plan"). 

As a result of these negotiations, the undersigned Union and Employer certify that they 

have reached an agreement that provides for an increase of 5% or more in the contribution rate 

during calendar year 2010 and that the following schedule will apply (please check one of the 

following): 

0 Schedule A 

00 Schedule B 

D ScheduleC 

D ScheduleD 

0Schedule E 

0 Default 

The undersigned Union and Employer certify that their above-referenced agreement 

concerning the 2010 contribution rate and applicable Rehabilitation Plan schedule is 

memorialized in a written collective bargaining agreement (or amendment thereto) and the 

participation agreement entered into among the undersigned parties. 

2/3 
Redacted by the U.S. Department 

of the TreasuryRedacted 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 (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: 

Drivers Kennedy Facility Hired After 4/2007 

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 D Yes D Effective 3/3112016 .4596 18.38 

Schedule A D No @ Effective 3/3112017 .4895 19.58 

Schedule B @ Effective 3/31/2018 .5213 20.85 

Schedule C D Effective 3131/2019 .5552 22.21 

ScheduleD D Effective 3/31/2020 .5913 23.65 

Schedule E D Effective 

Schedule G D Effective 

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

Covered Employees: @ Bargaining 0 Non-Bargaining 

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

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

per trip. 

(d) All such payments to be made to the Fund 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 of Trustees, whose decision shall be fi nal and binding. In the event of failure of the Employer to comply 

with any of the rules of the Fund, the Employer a nd 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 here in. 

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

I 

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

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

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

regulations and/or collection policies. 

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

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

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

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

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

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

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

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

specifically define the category or categories involved. 

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

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

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

expressly declared to be saved from such illegality. 

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

one full calendar year. 

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

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

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

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

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

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

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

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

contributions shall not be paid for a period of more than _4 __ weeks. 

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 1

313112016 I and continue until expiration of the collective bargaining 

agreement on 410212021 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 
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 (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) Crossett Inc. Rochester Hired after 5/17/09 while in progression period 

Rehabilitation 

Schedule 

Default 

Schedule A 

Schedule B 

Schedule C 

ScheduleD 

Schedule E 

Schedule G 

D 

D 

~ D 

D 

D 

60 Month 

Death 

Benefit Rates of Contribution: 

Yes 

No 

Effective 07t01t2011 

Effective 

Effective 

Effective 

Effective 

Effective 

Effective 

------

Houri 

0.30 

60 Month DB 

($.05 if 

elected) 

Total 

Houri 

0.30 

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

Covered Employees: ljJ Bargaining D Non-Bargaining 

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

Weeki 

12.00 

ljJ 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 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 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 ofthe 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 Patticipation 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 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 

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 NE\\' YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Pnrticipation Agreement. executed by the undersigned Teamsters Local Union (hcrcinaller ··union'') and Employer. 

is the basis for participation in the New York State Teamsters Conference Pension & Retircm~nt Fund (hereinafter "Fund .. ). 

The Employer. its participating. employt'l:!s. mtd the Union. as a condition of participation in this Fund, are bound by this 

Participation Agreement. the Trust Agreement. Plnn documents nnd all or the rules and regulations of the Fund now and/or 

hercalicr adopted by the Board of Trustees. 

(b) The Employer and Union understai1d and <lgrce that the Fund contributions shall be made. as set forth herein. on all 

employees duing. bargaining. unit work. irrespective or whether said employees nrc 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 or this f>mt i cipat ion Agreement. 

(c) The Employer ag.n~es to contribute as follows. not to exceed the maximum: 

. . . . Cushing Stone #5182 

Covered Group ol f:mployecs (Oelmc) ---- -----------------------

60 Month 60 Month DB 

Rehabilitation Death ($.05 if Total 

Schedule Benefit Rmes of Contribution: Houri' elected) Hourly Weeki 

Default 0 Yes 0 Etl'cctivc 01101/'2016 6.66 6.66 266.40 

Schedule A 0 No !!] Elli.!ctive 011011'2017 7.21 7.21 288 ~0 

Schedule B 0 Etlcctivc 01101/2018 7.80 7.80 312.00 ---- Scheduh! C 0 Effective ---- ScheduleD 0 Ellcctivc 

Schedule E ~ Encctivc 

Schedule G 0 Ellcctive 

Contract Type: 0UPS 0 Frd~ht-National 0 Construction 0 Municipal ~Other 

Covered Employees: ~ Bargaining. 0 Non-Bargaining 

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

Formula l(w Road Drivers Contributions: Total miles driven in e1 tour or dmy divided by 25 miles per hour equals homs 

per trip. 

(d) All such payments to be made to the Fund me to be received by the Fund office on or be lore the tenth (lOth) day or the 

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

by the end or the same month due. 

2. Failure on the partorthc Employer to timely contribute on any of its employees as spccilied herein shnllmakc the Employer 

liable lor all employee bene lit claims which arc incurred during the period of delinquency. damnges, reimbursement to the fund 

lor the Fund's allorneys' Ices. auditors' fees. court costs. disbursements and expenses incurred by the Fund in recovering the 

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

{I 0%) oft he delinqu~nt amount. The late payment of any delinquency hy the Employer shall not in any way relieve it from the 

obligations set lorth nbovc. In addition. when the Employer is notitied in writing by the Fund that it is delinquent. the 

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

decision to the Board or Trustees. whose dccisi011 shall bl! final and binding. In the event of failure of the Employer to com1>ly 

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

participate in the Fund. and th~ Employer shall he responsible lor all the benelits and all other charges specified herein. 

3. The Fund may. a1 any time. nudit the payroll records or nny and all employees of the Employer at a time mutually agreed 

1 

REV. :W1407 
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 

<lll<Vor provisions or 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 nnd the Fund's rules, 

regulations alllVor collection policies. 

4. The fund shall he open to participation hy nny group of members belonging to a pnrticipating Union that fully complies with 

all rules and regulations of the f-und. In addition. the Employer may contribute to the l'und for employees working outside the 

jurisdiction of the collecti ve bargaining. ngrecmcnt 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 Pmticipation Agreement. and the Employer also agrees to continue to make contributions on all these 

employees lor as long us th~:re sh:tll be ;1 collective bargaining agreement between the Employer and the Union, subject to any 

and all rules and regulations or decisions covering this group that arc issued by the l'und. 111e Employer must request in writing 

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

specifi cally define the category or cntcgories involved. 

5. Shuuld :my of the provisions or this Participation Agreement be declared to be in violation of the Labor-Management 

Relutions Act of 1947. as mn~:mled. or any other State or f-ederal stntute or regulation. such decimation shall in no way impair 

the eflcctivcness or continuity or tht: rest of the provisions of this Participation Agreement and such provisions arc hereby 

expressly declared to be saved li·om such illegnlity. 

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

one full calendar year. 

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

bdng efl'cctive. suflicicnt monies to pay the rectuircd contributions during the period of absence und such monies shnll 

thcrcalicr be promptly forwarded to the Fund in accordance with the rules oft he Fund. In the event the Employer grants a leave 

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

R. The Employer agret:s to furnish such information <IS mny b~ necessary to enable the Fund to cnrry out its duties. 

9. If a regulnr employce is abs~:nt because of illness or otr·the-job injury and 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. tht: Employer shall continue to pay the required contributions until such employee returns to work. However. such 

contrihut ions shal I not bt: paid for a periotlof more thnn _4 _ weeks. 

10. All actions nnd proceedings commenced or initiated by any claimant. applicant. employee. participant. the Union or the 

Employer. or thdr ngcnts. successors or assigns. against the Fund. the Trustees thereof or any employee.· service provider. 

representative or agent thereof:. ami all actions ;md proceedings commenced by or on behalf of said Trustees against any 

d:1imant. upplicmlt. employee. pnrticiprmt. the Union or the Employer pertaining to the Fund in any manner. shall be brought in 

the appropriate com1 in tht: County of Onondaga. New York or other applicable tribunal located therein except where otherwise 

provided herein. In regard to withdrawal liability urbitmtion proceedings, all such arbitrations shall be initiated in the 13oston. 

Massachusetts regionul office of the Amcric:m Arbitration Association ;md all hearings and related proceedings shall be 

conducted in Syracuse. New York. In regard to lcdt.!ml district court actions. all such actions shall be commenced and henrd in 

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

grievancc/urbitmtion procedure set lorth in any collective bargaining agrel.!ment. It is specifically agreed that any action or 

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

specified herein. 

II. This Participation Ag.rl-ement shnll become ellcctive as of the date or execution hereof and the payments provided 

hcreinab~ve sl[¥hl~ l?~)~bl~: ti·o.!!:'_:!.nd ;11lcr 1°110112016 and continue until expiration of the collective bargaining 

agreement on • 1213112018 subject. however. to the discretion of the Trustees. Alier expiration or the collective 

bargaining agreement. this Participation Agre~:mcnt shall continue in full Ioree and ellcct until n successor collective bargnining 

agreement is executed by the Employer ami Union unless a) the Trustees tcnninate the participation of the Employer and 

provide written notice of tht: date of termination. h) the Employer gives the Fund at least sixty (60) days advance written notice 

by certified mail with return receipt rC(JUCsted 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