OR~G~1NlAl THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

Employer, is the basis for pat1icipation in the New York State Teamsters Conference Pension & Retirement Fund 

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

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

hereafter adopted. 

(b) The Employer and Union understand and agree that U1e Fund contributions shall be made, as set forth herein, 

on all employees doing bargaining unit work, i.Jnspective of whether said employees m·e fhll-time, pa11-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 maxilmun: 

Covered Group of Employees (Define) _rruck rlv_ers_(.:._C_am~po ello eon_stru_ctlo eo.);..._ _______ ___ _ _ 

Rehabilitation 

Schedule 

60Montb 

Death 

Benefit 

Default 

Schedule A 

Schedule B 

Schedule C 

ScheduleD 

ScbeduleE 

00 Yes 

0 No 

0 

0 

0 

0 

0 

0 

Rates of Contribution: 

Effective 07101/2013 

Effective 07/01/2014 

Effective 07/01/2015 

Effective 07/01/2016 

Effective 0710112017 

Effective 

60MonthDB 

($.05 if Total 

Houri elected) Houri 

$8.78 $8.78 

$9.31 $9.31 

$9.87 $9.87 

$10.46 $10.46 

$11.09 $11 .09 

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

Covered Employees: ~ Bargaining 0 Non-Bargaining 

Contributions begin on all employees from the first hour of the first cL1y of employment. 

Weeki 

$351.20 

$372.40 

$394.60 

$418.40 

$443.60 

~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 Ftmd office on or before the tenth (lOth) 

day of the month following the month in which said motties were accrued, except when otherwise agreed by tl1e 

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

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

Employer liable for all employee benefit clain1s which are inctuTed dmi.ug the period of delinquency, damages, 

reimbursement to the Ftmd for the Fund's attomeys' fees, auditors' fees, cotut costs, disbursements and expenses 

incmTed by the Fund in recovering the above. In add.itiou, the Employer must pay all an·ears 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 fmih above. In addition, when 

the Employer is notified in writing by the Fm1d that it is delinquent, the Employer must immediately pay the 

1 
de.linqueut amount to the Ftmd. After said payment, the Employer may appeal the Fund's decision to the Board of 

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

the ntles of the FWld, 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 reS}}onsible 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 fmmd that the Employer bas not fully complied 

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

audit that has been performed by the Flmd. In addition, the Employer shall be responsible as set f01ih in this 

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

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

complies with all mles and regulations of the Fund. In addition, the Employer may connibute to the Ftmd for 

employees working outside the jm-isdiction of the collective bargaining agreement in the amount indicated above. 

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

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 Uniou., subject to any and allmles and regulations or 

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

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

define the category or categories involved. 

5. Should any of the provisions of tlus Paxticipatiou Agreement be declared to be in violation of the LaborManagement Relations Act of 1947, as amende-d, 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 fiom 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 :fttll 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 dwing the period of absence and such 

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

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 infonnation as may be necessaty to enable the Fund to cany out its duties. 

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

the EmJ>loyer shall continue to make the required conttibutions for a period of four ( 4) weeks. If a regttlar employee 

is iujm·ed on the job, the Employer shall continue to pay the required contl'ibutious until such employee rettuns to 

work. However, such contributions shall not be paid for a petiod of mot·e than _4 __ weeks. 

l 0. All actions and proceedings conunenced or initiated by any claimant, applicant, employee, paxi:icipant, the Union 

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

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

Tmstees against any claimax1t, applicant, employee, participant, the Union or the Employer pet1aining to the Ftmd in 

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

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

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

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

t:egard to federal district court actions, all such actions shall be commenced and heard in the United States District 

Cowt for the Northem District of New York It is specifically agreed that any action or proceeding commenced or 

initiated in any other jurisdiction or venue shall be transfened to the appropri::~te court or tribunal specified herein. 

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

provided shall be payable from and after 07/01/2013 and expire on 06130/18 .Tills agreement shall c<>ntinue in full 

force and effect for tl1e same term as the collective bargaining agreement. A new Participation Agreement must be 

signed and submitted for each subsequent collective bargaining agreement 

Effective date of collective bargaining agreement _0_4_10_11_2_0_1_3 ______________ . 

Expiration date of collective bargaining agreement _0_6_13_0_1_1_8 _ _ ___________ _ 

12. The Employer and its employees shall not be entitled to pal1icipate in this Fund unless the Employer and the 

Union are signatory to a cuiTent Participation Agreement. 

13. This Pruticipation Agreement represents the entire agreement and understanding of the pru.1ies 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 Pa1ticipation Agreement to be executed on the date shown by each of their 

signatures below. 

LOCAL UNION# 449 

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

ADDRESS: 2175 William Street 

SIGNA 

PRINT NAME: George E Harrigan 

PRINT TITLE: Pz Secre~-Treasurer 

DATE: J__LC//_ 

NEW YORK STATE TEAMSTERS 

151 NORTHERN CONCOURSE, 

MAILING ADDRESS: P 

REV.l/2012 

EMPLOYER: Campobello Construction, Inc 

ADDRESS: 23 Stratford Road 

Buffalo New York 14216 

SIGNATURE 

Rrdacted b,- the C S Drpa~tment ot the 

Tteasurr 

PRlNT NAME: Angelo Caizza 

PRJNT TITLE: President 

------------------------- DATE: 7/;s ,?< ~ 

3 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

this Fund, are bound by this Participation Agreement 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 tmit 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) 116756 can:~da Dry-&ulh Plainfield & 1167S9 canada Dry HJcltcnsack 

60 Month 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Default [!] Yes 

Schedule A 0 No 

Schedule B 0 

ScheduleC 0 

ScheduleD 0 

Schedule E 0 

ScheduleG 0 

O Effective _04_to_tl2_o_1_3 __ _ 

~ EfTective 04/0112014 ~---- Effective 0410112015 

------ Effective 04/0t/2016 

----~--- Effective _04_ro_112o _ _1_7 _ _ _ 

Effective 

Effective 

Hourly 

6.9883 

7.4076 

7.8521 

8.3232 

8.8226 

60 Month OB 

($.05 if 

elected) 

Tolal 

Hourly 

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

Covered Empl oyee~: ~ Bargaining 0 Non-Bargaining 

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

Weeki>.:_ 

~Other 

Fonnula tor 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 oflice on or before the tenrh (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. Failu•·c on the part oft he 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 
• I 

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 or 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 ol' the 

audit that has been performed by the Pund. 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 or 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. ln 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 infonnation 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 

Truste~s 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 Stutes District 

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

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

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

provided shall be payable from and after 04/0112013 and expire on 03/31/2018 .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. 

EfTeclive date of collective bargaining agreement _0_4_10_1 1_2_0_1_3 _____________ _ 

Expiralion date of collective bargaining agreement _0_3_13_1_1_2_0_1_8 ____________ _ 

l2. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the 

Union are signatory to a current Participation Agreement. 

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

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

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

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

signatures below. 

LOCAL UNION# 590 

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

ADDRESS: 707 Summit Avenue 

Union City, NY 07087 

SIGNATURE· 

PRINT NAME: Harold Welsh 

PRINT TITLE: Trustee 

----~----------------------

DA 

EMPLOYER: Canada Dry 

ADDRESS: 116-20 15th Avenue 

PENSION AND RETIREMENT FUND 

·~vuuJ..., NY 13212 

CUSE, NEW YORK 13221-4928 

jo /I () 

REV. 11/2012 

3 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

this Fund, are bound by this Participation Agreement 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 timc, 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) 11&166 Canad3 Dry-South Plainfield & Canada ory.Haclcansack (Group OJ 

60 Month 

Rehabilitation Death 

Schedule Benefit 

DelilUit 00 Yes 0 

Schedule A 0 No 00 

Schedule B 0 

Schedule C 0 

ScheduleD 0 

Schedule E D 

Schedule G 0 

Rntes or Contribution: 

Effective _04_JO_t12_o_t3 ___ _ 

Effective 04/0t/2014 

-:~----­ Effective 04/0t/2015 

------ Effective _04_JO_tl2_o_1_G __ _ 

Effective 04/0t/2017 

------ Effective 

Effective 

Houri ' 

0.9204 

0.9756 

1.0341 

1.0961 

1.1619 

60 Month DB 

($.05 if 

elected) 

Total 

Hourlv 

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

Covered Employees: [j] Bargaining 0 Non~Bargai nin g 

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

Weeki 

~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 deli nquency, damages, 

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

incurred by the Fund in recovering the above. Tn 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 th is 

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 is~ued 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 tile 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 mu!>i 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 grdflted 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. ln the event the 

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

requirements in pambrraph 2 herein. 

8. The Employer agrees to furnish such information as may be necessary to enable the Fund 10 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 retums 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 Tmstees thereof or any employee, 

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

Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the 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 withdr:m.ral I iability arbitration 

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

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

regard to federal district court actions, all such actions shall be commenced and heard in the United States District 

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

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

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

provided shall be payable from and after 04101/2013 and expire on 03/3112018 .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 bargaini ng agreement. 

Effective date of collective bargaining agreement _0_4_/0..:_1/_2...:0_1_3 _ _ _ _ ________ _ 

Expiration date of collective bargaining agreement _0_3_13_1_1_2_0_1_8 ____________ _ 

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

Union are signatory to a current Participation Agreement. 

13. This l)articipation Agreement represents the entire agreement and understanding of the parties and supersedes all 

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

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

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

signatures below. 

LOCAL UNION# 560 EMPLOYER: Canada Dry --------------

ADDRESS: 707 Summit Avenue 

SIGNA 

PRINT NAME: Harold Welsh 

DA 

SIGNATURE:. ___ _ 

EXECUTIVE ADMINISTRA 

REV. 11/2012 

ADDRESS: 116-20 15th Avenue 

SlGNATU 

PRINTNAME: ·P. ~R.. G4-uh.l 

PRINTTITLE: vP I LA6o£. ·1?c--tJ/"77otJS 

DATE: /c.~j:j. U 3 

I I 

PENSION AND RETIREMENT FUND 

13212 

NEW YORK 13221-492A/ 

DATE: /'6 f I~ I 

3 
APPENDIX A 

ALBANY REGION LRD/AGC 

TEAMSTERS LOCAL 294 (ALBANY) 

I 

2012-2016 IDGHWAY-JiiEA VY W ;}GE RATE S~DULFS 

-r \l \I~,~ ~-o :20\~ Effective July 1, 2012, or for work on which the carryover clause has expired. 

Wages Welfare Pension· Training Total 

Group 1 $26.42 $8.44 $7.95 $1.00 $43.81 

Group2 $26.47 $43.86 

Group3 $26.56 $43.9S 

Group4 $26.67 $44.06 

GroupS $26.82 $44.21 

Effective July 1, 2013, or for work on which the carryover clause has expired. 

Wages Welfare Pension Training Total 

Group 1 $26.67 $9.32 $8.45 $1.00 $45.44 

Group2 $26.72 $45.49 

Group3 $26.81 $45.58 

Group4 $26.92 $4S.69 

GroupS tL-7.07 $45.84 

· Effective July 1, 2014, or for work on which the carryover clause has expired. 

Wages Welfare Pension Training Total 

' 

Group 1 $26.92 $10.26 $9.00 $1'.~0 ~·. i$47.18 .;,_ .. _.:" : . . ... ' c " ' : . . • t 

Group2 $26.97 ' $47:z3 ··: · . Group3 $27.06 $47.32 

Group4 $27.17 $47.43 

GroupS $27.32 $47.58 

Effective July 1, 2015, or for work on which the carryover clause has expired. 

Wages Welfare Pension Training Total 

Group 1 $26.92 $1 1.31 $9.59 $1.00 $48.82 

Group2 $26.97 $48.87 

Group3 $27.06 $48.96 

Group4 $27.17 $49.07 

GroupS $27.32 $49.22 

29 

, 
Covered Group of Employees (Define) .:::B::.::ar::ug:.::auu:::::· =·n~g=>-Um~·t __________ _ 

I 60 Month 60MonthDB 

Rehabilitation I Death ($.05 if Total 

Schedule I Benefit Rates of Contribution: Hourly elected) Hourly Weekly 

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

Schedule A ol No • Effective 07/01/2013 $8.45 $8.45 

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

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

ScheduleD ol Effective 

ScheduleE ol Effective 

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

Covered Employees: •Barga~g 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 hom· 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 

\ . 

' 

. 

;~ 

~ 

' 

·· .. · --- ----·- wneri ollierwiSe agreedDy llie FUnO~U1 not to exceoollyllie end oftlie same monlli 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 (1 0%) of the delinquent amount. The late payment of any 

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

In additiou, 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 Bpard 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 cifthe Employer 

at a time mutually agreed upon at no. extra charge to the Employer. In the event it is found that 

the Employer has not fully complied with the Fund rules and/or provisions of this Participation 

23 
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 

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)...,D::..:r'"'-iv...,e::.:..rs,.__ ______ _ 

Rates of Contribution Daily or Hourly Weekly CONTRACT TYPE: 

Effective 07/01/2009 

Effective 07/0 l/20 10 

Effective 07/01/2011 

Effective 07/01/2012 

Effective ______ _ 

Covered Employees:..x_ Bargaining 

1.20 

1.20 

1.25 

1.25 

40 hours per week 

" 

" 

" 

_Non-Bargaining 

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

UPS 

FREIGHT - National 

FREIGHT - Area 

CONSTRUCTION 

_x Other (specify)~Ar=e=a:...,..__ 

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

per trip. 

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

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

exceed by the end of the same month due. 

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

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

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

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

damages in the sum of ten percent ( l 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 reimburse the delinquent amount to the Fund. After said 

reimbursement, 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 in accordance with the Fund's cur-rent Coltections Policy. 

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

Agreements 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. 

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 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. lf 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 ~~eks. If a regular employee is injured 

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

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

10. All actions and proceedings commenced or initiated by an;claimant, ij"plicant, 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, local 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 arbitration proceedings, all such arbitrations shall be initiated in the 

Syracuse, New York regional office of the American Arbitration Association and all hearings and related proceedings 

2 
l~rs 

shall be conducted in Syracuse, New York. In regard tq federal district court actions, all such actions shall be commenced 

and heard in the United States District Court for the Northern District of New York. It is specifically agreed that any 

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

or tribunal specified herein. 

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

provided shall be payable from and after 07101109 , and expire on 06/30/13 . This agreement shall 

continue in full force and effect for the same tenn as the Collective Bargaining Agreement. A new Participation 

Agreement must be signed and submitted for each subsequent Collective Bargaining Agreement. 

Effective Date of Collective Bargaining Agreement:_,0:..!-7/,_,0'-'l-'-'/0::..:::9 ____ . Expiration Date of Collective Bargaining 

Agreement:.--"0"""6/:..::3"""0'-' / 1..::::; 3 ___ _ 

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

signatory to a current Participation Agreement. 

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

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

be modified except by a writing signed by all parties. 

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

below. 

LOCAL UNION #:...:::2~94~--------

ADDRESS: 890 Third Street 

SIGNA 

PRINTTITLE:. __ P~r~e~s·~·d~e~nt~-----------------

Catskill Concrete Company 

EMPLOYER: c/o Cranesville Block Companv 

ADDRESS: _ ___!.! 12:c::~0'-..!R~ic.!. ve!:<!.!.! fr :u!:..: t l.\:t r ___ _ 

SIGNA 

DATE: __ C6~/(,L.!.,II/:.....!6:::::...9...~..--_____ _ 

I I 

NEW YORK STATE TEAMSTERS 

3 NORTHERN CONCOURSE, 

MAILING ADDRESS: P.O. 

~,I)Q:.~)I\..J.c PENSION AND RETIREMENT FUND 

13212 

EW YORK 13221-4928 

EXECUTIVE ADMINISTRATOR 

DATE:____;9:~~=~tJ~/t ~""-J.1------

3 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

(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) Century Linen of Potsdam, Inc.· Route Sales. Drivers and Soil Sorters 

Rates of Contribution: 

Effective ____ _ 

Effective 1011912015 

Effective 1/1/2016 

Effective _ ___ _ 

Effective ____ _ 

Effective ____ _ 

Hourlv 

$1.30 

$1.38 

Weeklv 

52.00 

55.20 

Covered Employees: [j] Bargaining 

CONTRACT TYPE: 

D 

D 

D 

D 

D 

~ 

UPS 

FREIGHT- National 

FREIGHT- Area 

CONSTRUCTION 

MUNICIPAL 

OTHER 

D Non-Bargaining 

REHABILITATION 

SCHEDULE (attached) 

[!] Default 

D Schedule A 

D Schedule B 

D Schedule C 

D ScheduleD 

D Schedule E 

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

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

equals hours per trip. 

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

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

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

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

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

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

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

with liquidated damages in the sum of ten percent (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 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 allmles and regulations or 

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

approval from the 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 ofthe Fund. In the event the 

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

requirements in paragraph 2 herein. 

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

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

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

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

work. However, such contributions shall not be paid for a period of more than _4_ weeks. 

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

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

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

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

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

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

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

2 
Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In 

regard to federal district court actions, all such actions shall be commenced and heard in the United States District 

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

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

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

provided shall be payable from and after 10/19/2015 and expit·e on 12131/2016 .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_1_11_2_0_1_3 _______________ _ 

Expiration date of collective bargaining agreement _1_2_1_3_1_12_0_1_6 _____________ _ 

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

Union are signatory to a current Participation Agreement. 

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

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

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

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

signalures below. 

LOCAL UN EMPLOYER: Century Linen of Potsdam, Inc. ION# 687 

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

ADDRESS: 14 Elm Street 

Potsdam, N.Y. 13676 

SIGNATURE: 

PRINT NAME: Mickey S. Smith 

PRINT TITLE: Business Agent 

Bargaining Unit 

ADDRESS: Route 56 ---------------------------

SIGNATURE: 

PRINT NAME: Richard Smith 

PRINT TITLE: Pre~ident 1 

DATE: ______ OL ___ --~_0_-~/~---~---+----- DATE: ~~ ~r /6 

SIGNATURE: __ _ 

EXEC 

REV. 5/2010 

RENCE PENSION AND RETIREMENT FUND 

CUSE, NY 13212 

SYRACUSE, NEW YORK 13221-4928 it 

DATE: # 

3 
C\55lf 

2016-04-28 08:52 CONSTRUCTION 2026248107 » 7168748322 p 9/1 2 

I --- ---, 

INTERNATIONAL BROTHERHOOD OF TEAMSTERS I 

Pipeline Construction Pre-Job Form C.t\-PrRPS WeLDIN B I 

LOCAl. UNION/S 'f ;1-7 .IOINT mUNCIL ~ ZONF.J9l' y', r£ OJ,Ttf / f') /t' 

I'ROJECl' DATES (A ppr xilllat~): DEGINSI/1~ r/{, F.Nn'sf// / / ..,} ~/ ' I I 

WORK WEf.K 

= 1\·fn:me )\JI•lm<~tn VchlciC(ATV) 

_ Ambulru1ct 

_ rh~UI IItl nll (nil Ou111p 

O'"'m Truck 

Bus -:= C. 'hallt11 ~tr 

CrcwCnb 

- Dump I rucl.: 

- 1-nvtronn~tnu.l I ruck 

r,,cotn l'llot Cnr 

~ Aat OC<J (1 -:! Ton) 

~ f iOll 

WAGES 

PHONF. - A r .// 

Ct:LL -;;//- ?'/'"?'= -,-" /""/ 

CgLL 

E0l11PMtiNTff£RSONN .. :I, REQliiRf.U 

f o;,:n Truck 

fork Lifl 

.:---=: t t•cl True I. 

_ GinPolc 

Gru,e·lrucl\ 

- llol Par.' l'ntck 

- _ Jeep 

Lng 'lruck/Gr.lpj>lc 

_ l.m•bny 

Mechanic _ Pick·tlp 

_ Rotl a&nn (nr slmillll) 

Skid frn£k 

- - Stinger l rucl. 

_ Stnn~r lruct 

SubmbliJl =- S1•asnr flumTandlm 

TCI\nt Dnvc'l' 

= - Track l'rock (M:lnlllka) lrac111r, llubbcr•Tite 

Vo.n 

Dthcr _ _ 

Othtt - --- l)thcr _. ·--- - Other Clthct - -

OthCt 

- \VIllehoU>C (l'll rt )1~cr1Ru cr) 

- Wnt~:r Ttud.ll'ull 

Winch 'frock 

Group I $oil_!} Group 2 $ __ _ Group 3 $_ 

WELfARE(CirclcOne):~ Day Week 

I,F:NSJON (Circle One): Hour Day Wt:ek 

S J. t;; '"' (Enter Amount) 

$ f, //. (F.ntcr Amount) 

/' 

Travelers H&W bcncfilq will be remitted to Central Stut~ (See omchcd) 

Trave ~ P~nsi on funds will be remiUtd tu the Teamsters Pipeline Pension Fund (See attached) 

All Local Union bcneflts will be remitted to (rlease provide information below): 

PENSION HEALTH & WRLFA ~ 

,;<--" 7 _]'" ;-- /.4 ,/'7 .J ,. A. _>' - ///.:.4 c ? /./ 

/1- .:, // /.4 c- / /-> ..) / c - / (.. ~-'? 

~ /J e X y f'..)f ..!YA--?c<- _5.r:. ~Y //,l--1/ 

LMCT Funds will be r emitted to Teumstcr Natil)rfal Pipeline Fund J / _r-. ~ J f: 7 

r .0 . l3ox 79089 

Baltimore, Maryland 21279-0089 

L PLEASE FAX SIGNI!D COPY TO (202) 624-8107 

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

.Yo 
05/06/Z016 PRI 8:50 ~AX 2187 630~5 Cl ~rw~t r en r~ y Group (1J00 6/008 

2016 .. 04·28 08152 CONSTRUCTION 20262~8107 >> 7168748322 p 10/12 

INTERNA110NAL BROTHERHOOD OF TEAMS I ERS 

Pfpelrna COnatn&ctiDII Pfo.Jab Fonn 

ALL ttAMS'I'F.RB. Re0AKOL£S8 Of kii:RIUtAL, WU,I, REPOKI' TO TilE STEWARD ON 

Tim PIRST DA\' 

N¥mc _____ . _ _ 

NQJ11e_ - -----__ 

Namct. __ --·---__ _ Nama ______ _ 

- --------

wnrtc ______ ,_Phone. __ 

Wodt_ ,_l'hoae __ _ 

Wmk_ _rhoue ___ _ 

Walk_ Phon--____ _ 

Redacted by ~ ·-· the U.S. bepartment of 

the Treasury 

Redacted by the U .S.-Department of 

~~-;~~~-:-;--- -::.:;,;;;,;o~~ Redacted by the U.S. Department of the 

PLIWIE F.AX SIGNI!b COPY TO (202, ta4-81D? 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREE1\1ENT 

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

Employer, is the basis for pat1icipation 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 Flmd, are bmmd by this Participation Agreement and all of the mles and regulations of the Fund now and/or 

hereafter adopted. 

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

on all employees doing bargaining 1.mit work, irrespective of whether said employees are full-time, patt time-, ~ -lor seasonal, except as is otherwise provided herein. No agreement between the Emp!oyer and the Union shall a!ter 

this mle or any other mle or provision of tllis Pat1icipation Agreement...f. ~ de.h.~ ll-'t tA < CDllechr! ~( ~ 

, l'fet:!'r~· 

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

Covered Group of Employees (Define) _c_lem_e_nt_e _La_tha_m_eo_ncr_e_te_c_orp:......_#5_24_1_· d_ri_ve_rs ___________ _ 

60Month 

Rehabilitation Death 

Schedule Benefit Rates of Conuibution: 

Default D Yes 

Schedule A 0 No 

ScheduleB D 

ScheduleC D 

ScheduleD 0 

Schedule E [!] 

D Effective 7/112015 

------ [!] Effective 7/112016 

----- - Effective 11112011 

Effective 

Effective 

Effective 

- - - - --

Houri 

$4.50 

$4.87 

$5.27 

60MonthDB 

($.05 if 

elected 

Total 

Houri 

Conn·act Type: 0UPS 0 Freight-National D Constmction D Municipal 

Covered Employees: ljJ Bargaining D Non-Bargaining 

Contributions begin on all employees fi:om the first hour of the first day of employment. 

Weeki 

55 hour max 

55 hour max 

55 hour max 

!I] Other 

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

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 tentl1 (1Oth) 

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

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

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

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

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

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

with liquidated damages in the smn 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 

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

1 
delinquent amount to the Fund. After said payment, the Employer may appeal the Fm1d's decision to the Board of 

Tmstees, whose decision shall be final and binding. h1 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 Flmd'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 Fmtd may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually 

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

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

audit that has been perfom1ed by the Fund. In addition, the Employer shall be responsible as set forth in this 

Participation Agreement and the Fm1d's mles, regulations and/or collection policies. 

4. The Fund shall be open to pat1icipation by any group of members belonging to a patticipating Union that fully 

complies with all mles and regulations of the Fund. In addition, the Employer may connibute to the Ftmd for 

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

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

categoty subject to the same conditions and on the same basis as is provided in this Pa11icipation Agreement, and the 

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

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

decisions coveting this group that are issued by the Fund. The Employer must request in Wiiting and receive w1itten 

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 tl1e 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, p1ior 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 mles of the F1.md. fu the event the 

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

requirements in paragraph 2 herein. 

8. The Employer agrees to finnish such infonuatiou as may be necessa1y 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 fue required contlibutions for a period of fgm: (~ wte"ks. If a regular employee 

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

work. However, such contlibutions shall not be paid for a petiod of more than _o __ weeks. * zevz, ( o) ~ 

10. All actions and proceedings coilllllenced or initiated by any clain1ant, applicant, employee, participant, the Union 

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

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

Tmstees against any clain1ant, applicant, employee, pat1icipant, the Union or the Employer pe11ainiug to the Ftmd in 

any manner, shall be brought in tlte approp1iate com1 in the County of Onondaga, New York or other applicable 

tribunal located therein except where othe1wise provided herein. In regru·d to withdrawal liability arbin·ation 

2 
5~L/J proccedillgs, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the Ametican 

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

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

Cotut for the North em District of New York. It is specifically agreed that any action or proceeding cmmuenced or 

initiated in any other jruisdiction or venue shall be transfened to the appropriate comt or tlibunal specified herein. 

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

provided shall be payable from and after 7/1/2015 and expire on 06/30/2018 .This agreement shall continue in fitll 

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

signed and submitted for each subsequent collective bargaitring agreement. 

Effective date of collective bargaitring agreement _7_10_11_2_0_1_5 _____________ _ 

Expiration date of collective bargaining agreement _6_13_0_1_2_0_1_8 ____________ _ 

12. Tl1e Employer and its employees shall not be entitled to participate in this Fund muess the Employer and the 

Union are signatory to a cunent Participation Agreement. 

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

prior or contemporaneous agreements or understandings, whether oral or wtitten. As such, this Paxt icipation 

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

The pa11ies hereto have caused this Pmticipation Agreement to be executed on the date shown by each of their 

signatures below. 

LOCAL UNION# 294 

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

ADDRESS: 890 Third Street 

Albany, NY 12206 

SIGNATURE· 

PRINT TITLE: President & PEO 

DATE:. __ ____;_~~1?-/.--.¥~0_'f ____ _ 

REV. 112012 

EMPLOYER: Clemente Latham Concrete Corp. 

c/o Callanan Industries, Inc. 

ADDRESS: PO Box 15097 

Albany, NY 12212-5097 

edacted b> the C S Department of the Treasul) 

SIGNATURE 

PRINT NAME: Donald Fane 

PRINT TITLE: President 

-------------------------- DATE: {0-9" ($ 

3 
_, 

THE NE'V YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIRE~1ENT FUJ\'D 

PARTICIPATION AGREEMENT 

l. (a) This Pmticipntion Agreement, executed by the tmdersigned Teamsters Local Union (hereinafter "Union") and 

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

(hereinafter ''Ftmd"). The Employer, its pmticipating. employees, :md the Union, as a condition of pmticipation in 

this Ftmd. are bound by this Participation Agreement and all of the mles and regtllations of the Fund now and/or 

llereafter adopted. 

(b) Jlte Employer and Union understand and agree that the Fund contributions shall be made, as set forth herei11, 

on all'efi1ployees doing bargaining unit work, irrespective of whether said employees are full-time,~~t lime, uost:::l 

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

Ibis mle or any other ntle or provision of this Participation Agreement. *-f- a,sdefzYit'cJ j J1 -Hte {j; flech y.L 

. . ~a a..ivt,Uv, A.c.. r eeM-eM}-. (c) The Employer agrees to contnbute as follows, not to exceed the maxumun: I) J '' tl 

Covered Group ofEmployees (Define) ortvers ... (ft'r.teM.h ~~ NoY!Ct 1.-oUtl V!tf 

60Month 

Rehabilitation Death 

Schedule Benefit Rates of Contribmion: 

Default D Yes 

Schedule A D No 

Schedule B D 

Schedule C ~ 

Schedule D D 

Schedule E D 

0 Eftective OG/0112012 

------ [!] Effective OG/OI/2013 

Effective -=-os~,o~~,=2o~14-:-----

.Effective 

Effective 

Effective 

60 Month DB 

($.05 if Total 

Houri elected) Hourl 

$4.27 SJ.27 

$4.56 SJ.56 

$4,87 SJ.87 

Contract Type: 0UPS D Freight-National [I] Constmctiou D Municipal 

Covered Employees: ~ Bargaining D Non-Bargaining 

Contributions begin on all employees fi:om the first hour of the first day of employment. 

Week! 

40 hr max 

0 Other 

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

equals hom·s per ttip. 

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

da)' of the month following the month in which said monies were accrued, except when othenvise agreed by the 

Ftmd. but not to exceed by the end of tl1e same month clue. 

2. Failure on the pmt of the Employer to timely contribute on ~my of its employees as specified herein shall make the 

Employer liable for all employee benefit claims which are incmTecl dm·ing the period of delinquency, damages, 

reimbursement to the Fund tor the Fund's attomeys' fees, <mditors' fees, court costs. disbursements and expenses 

incmred by tile Fund in recovering tile above. In addition. the Employer must pay all auem-s due the Ftmd together 

with liquidated damages in the sum of ten percent (10%) of tile delinquent amom1t. TI1e late payment of any 

delinquency by the Employer shall not in any way relieve it from the obligations set f011h above. In addition. wheu 

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

Tmstees. whose decision shall be final and binding. h1 the event of failme of the Employer to comply with any of 

the rules of the Flmd, the Employer and all its pmticipating employees, at the Ftmd'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 payToll records of any and all employees of the Employer at a time mutually 

agreed upon at no extra charge to the Employer. Ii1 the event it is found that the Employer bas not fully complied 

with the Fund rules amllor provisions of tllis Participation Agreement, the Employer shall pay the full cost of the 

audit that has been pe1fonued by the Ftmd. ill addition, the Employer shall be responsible ns set forth in this 

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

4. The Fund shnll be open to pmticipation by any group of members belonging to a pmticipating Union that fully 

complies with all rules and regulntions of the Fund. h1 addition, the Employer may contribute to the Ftmd for 

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

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

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

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

collective bargaitling agreement between the Employer and the Union, subject to any and all mles and regulations or 

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

approval from the F1md in order to have these non-covered employees included. Such request must specifically 

detine the categ01y or categories 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 Pmticipation 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 tor 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 petiod of absence and such 

monies shall thereafter be promptly forwarded to the Ftmd in accordance with the ndes of the Ftmd. h1 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 iuf01mation as may be necessary to enable the Ftmd to c)1y out its duties. 

9. If a regular employee is absent because of illness or off-the-job injmy and noti~t~~~1\J~oyer of such absence, 

the Employer shall continue to make the required conhibutions for a period ot:.feut' (1~ 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, participant, the Union 

or the Employer, or their agents, successors or assigns, against the Fund, t11e Tmstees thereof or any employee, 

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

Tmstees against any claimant, applicant, employee, participant, the Union or the Employer pe11aining to the Ftmd in 

any manner, shall be brought in the appropriate com1 in the Cotmty of Onondaga, New York or other applicable 

tribtmal located therein except where otherwise provided herein. hl regard to withdrawal liability arbitration 

2 
-. VI<D2 -l)t:r L 

:J1o~ -T\cY JI 

proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional oftice of the Ametican 

Arbitration Association and all hearings m1d related proceedings shall be conducted in Syracuse, New York. In 

regard to federal district comi actions, all such actions shall be commenced and heard in the United States Disllict 

Court for the Notihern District of New York. It is specifically agreed that any action or proceeding cotwuencecl or 

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

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

provided shall be payable from and after 00!0112012 and expire on 05/31/2015 .This agreement shall continue in fidl 

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

signed and submitted for each subsequent collective bmgaining agreement. 

Effective elate of collective bargaining ag1·eement _0_6_1_0_1_12_0_1_2_____________ _ 

Expiration date of collective bargaining agreement _0_5_1_3_1_12_0_15 _____________ _ 

12. The Employer and its employees shall not be entitled to pm1icipate in this Fm1d tlllless the Employer and the 

Union are signatory to a current Pru1icipation Agreement. 

13. This Pmticipation Agreement represents the entire agreement and tmderstanding of the parties and supersedes all 

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

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

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

signatures below. 

LOCAL UNION# 294 

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

ADDRESS: 890 Third Street 

Albany, NY 12206 ~ 

Redacted b> the U S Department of the TreastmSIGNATURE 

PRINT NAlvfE: Johrt;Bulgaro 

PRINT 

DA 

. President & PEO 

EMPLOYER: Clemente Latham North 

c/o Callanan Industries, Inc. 

ADDRESS: P.O. Box 15097 

SIGNATURE: 

PRINT NAME: Donald E. Fane 

PRINT TITLE: VP 

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

DATE: !I- ~- f.,J_ 

PENSION AND RETIRE!viENT FUND 

NY 13212 

NEW YORK 13221-4928 ~ 

DATE: Kl~rb/ I 

REV. 112012 

3 
' 

-t1 '6 ~\lQ . Q\ovex ·WI.~ 1\l Lxse-n. ~ 

APPENDIX A 

ALBANY REGION LRD/AGC 

TEAMSTERS LOCAL 294 (ALBANY) 

2012-2016 IDGHW AY-HEA VY WAGE RATE SCBll:DULES 

Effective July 1, 2012, or for work on which the carryover clause has expired. 

Wages Welfare Pension Training Total 

Group 1 $26.42 $8.44 $7.95 $1.00 $43.81 

Group2 $26.47 $43.86 

Group 3 $26.56 $43.95 

Group4 $26.67 $44.06 

GroupS $26.82 $44.21 

Effective July 1, 2013, or for work on which the carryover clause has expired. 

Wages Welfare Pension Training Total 

Group 1 $26.67 $9.32 $8.45 $1.00 $45.44 

Group 2 $26.72 $45.49 

Group3 $26.81 $45.58 

Group4 $26.92 $45.69 

Group 5 $27.07 $45.84 

- - . . .. .. 

Effective July 1, 2014, or for work on which the carryover clause has expired. 

Wages Welfare Pension Training Total 

Group 1 $26.92 $10.26 $9.00 $t.{)0 .·, ,·$47.18 . . . 'I ••• 

Group2 $26.97 $47:23 

Group 3 $27.06 $47.32 

Group4 $27.1 7 $47.43 

Group S $27.32 $47.58 

Effective July 1, 2015, or for work on which the carryover clause has expired. 

Wages Welfare Pension Training Total 

Group 1 $26.92 $11.31 $9.59 $1.00 $48.82 

Group2 $26.97 $48.87 

Group3 $27.06 $48.96 

Group4 $27.17 $49.07 

Group 5 $27.32 $49.22 

29 

\ 

' .. :" . 
Covered Group of Employees (Defme) =B=ar=g=amm=· =·=g::>-U=ru=·t~---------

I 60 Month 60MonthDB 

Rehabilitation I Death ($.05 if Total 

Schedule I Benefit Rates of Contribution: Hourly elected} Hourly Weekly 

Default ol Yes 0 Effective 07/0112012 $7.95 $7.95 

Schedule A ol No • Effective 07/0112013 $8.45 $8.45 

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

Schedule C •I Effective 07/0112015 $9.59 $9.59 

ScheduleD ol Effective 

Schedule E o l Effective 

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

Covered Employees: •Barga~ing 0 Non-Bargaining 

Contributions begin on all employees from the fust 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 

\ 

\ 

\~ 

.. wlien ollier\Viseagreea·oYllie Funa:out no -toexceeaoy the enao fllie same monlliaue. ·----·----· 

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 Ftmd together with liquidated 

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

delinquency by the Employer shall not in any way relieve it from the obligations set 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 

23 
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) _A;..;.II.:....Fu::.;;II....:.T.:....im.:.::.e...:...P....:.ro.:.::.du:..:c;..;.t io::.;;n...:E:..:m;.::.pl...:...oy:...: e...:... es;__ ____________ _ 

REHABILITATION 

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

Effective 1o1112014 1.7490 69.96 D UPS [!] Default 

Effective 1o1112015 1.8539 74.16 D FREIGHT- National D Schedule A 

Effective 1011/2016 1.9651 78.60 D FREIGHT- Area D Schedule B 

Effective 101112011 2.0830 83.32 D CONSTRUCTION D Schedule C 

Effective D MUNICIPAL D ScheduleD 

Effective 00 OTHER D Schedule E 

Covered Employees: [!] Bargaining D Non-Bargaining 

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

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

equals hours per trip. 

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

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

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

2. Failure on the part ofthe 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 reguJar 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 
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 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 Participation Agreement shall become effective as of the date of execution hereof and the payments above 

provided shall be payable from and after 10/112014 and expire on 9130/2018 .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_0_1_1_12_0_1_4 ______________ _ 

Expiration date of collective bargaining agreement _9_1_3_01_2_0_1_8 ____________ _ 

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

Union are signatory to a current Participation Agreement. 

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

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

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

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

signatures below. 

LOCAL UNION# 264 -------------------------

ADDRESS: 35 Tyrol Drive 

Cheektowaga, NY 14227 

PRJNTNAME:. ___________ _ 

PRINT Business Agent 

DA 

EMPLOYER: Coca Cola Bottling Company of Buffalo, Inc. 

ADDRESS: 200 Milens Road 

Tonawanda, NY 14150 

SIGNATURE 

Redacted b..- the l" S D.-pallm<-nt ot the 

Treasurr 

PRINT NAME: Pasquale Greco 

PRINT TITLE: Director of Operations 

DATE: /fb 5/,;off 

CE PENSION AND RETIREMENT FUND 

E, NY 13212 

SIGNATURE:. __ _ 

EXEC UTI 

REV. 5/2010 

E, NEW YORK 13221-4928 

3 
THE NE\V YORK STATE TEAMSTEI S 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 

herealicr adopted by the 13oard 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 mnximum: 

. Coeymans Landing Marine Service #7999 

Covered Group of Employees (Del me)---------------- --------- --

60 Month 60 Month DB 

Rehabilitation Deall1 ($.05 if Total 

Schedule 13enelit Rates of Contribution: Houri elected) Hourlv Weeki• 

Default [!] Yes 0 Eflcctive ().;10112016 10.3124 10.3124 412.50 

Schedule A 0 No [!] Eflcctivc 

Schedule B 0 Effective 

Schedule C 0 Effective ---- ScheduleD 0 Effective 

Schedule E 0 Effective 

Schedule G 0 Effective 

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

Covered Employees: [!] Bargaining 0 Non-13argaining 

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

Formula lor 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 mnde to the Fund arc to be received by the Fund oftice 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 momh due. 

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

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

for the Fund's attorneys· tees. auditors' Ices. com1 costs. disbursements and expenses incurred by the Fund in recovering the 

above. In addition. the Employer must pay al l arrenrs due the Fund together with liquidated damages in the sum of ten percent 

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

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

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

decision to the 13oard of Trustees. whose decision shall be final and binding. In the event of failure of the Employer to comply 

with any or 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 specilied herein. 

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

I 

REV. 201 407 
upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules 

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

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the f-und'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 nre included, 

the Employer ngrees 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 Agrcemelll. 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 Einploycr 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 arc hereby 

expressly declared to be saved from such illegality. 

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

one full calendar year. 

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

being effective. sunicient 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 r-und. 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 ag.ret'S 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 n 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 simi I not be paid for a period of more than~ weeks. 

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

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

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

claimant. applicanL 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 ofticc 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 nnd heard in 

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

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

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

specified herein. 

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

hereinabove shall be a able from and after 1°410112016 and continue until expiration of the collective bargaining 

agreement on 03/311

2017 subject. however. to the discretion of the Trustees. After expiration of the collective 

bargaining agreement. this Participation Agreement shall continue in full force and enect until a successor collective bargaining 

agreement is executed by the Employer and Union unless a) the Tntstees tenninate the participation of the Employer and 

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

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

2 

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

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

Employer shall pay nny contribution mtc increases due under the Rehabilitation Plan in effect during negotiatiOI_lS with the 

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

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

Effective date of collective bargaining agreement: I 41011201

6 

Expiration date of collective bargaining agreement.;...: Flo=3=/3=1 /2 1=7= ========== ====--~ 

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

signatory to a current Participation Agreement. 

I 3. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or 

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

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

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

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

LOCAL UNION# _2_94 __________ _ 

ADDRESS: 

SIGNA 

PRINT 

DA 

REV. 201407 

EMPLOYER: Coeymans Landing Marine 

SIGNATURE: 

PRINT NAME: ~~ C:;S 

PRINTTITLE: /~)~G:lt/-r 

DATE: _..=;.&~2--=l...::f// ___,~~./.=-£. ____ _ 

3 
THE N.EW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

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

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

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

Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or 

hereafter adopted by the Board of Trustees. 

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

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

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

rule or provision of this Participation Agreement. 

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

C d G fE I (D fi ) Communication Workers of America 

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

60 Month 60 Month DB 

Rehabi I itation Death ($.05 if Total 

Schedule Benefit Rates of Contribution: Houri elected Houri Weeki 

Default !!] Yes 0 Effective 511/14 $2.59 $2.59 $103.60 

Schedule A D No !!] Effective 511/15 $2.75 $2.75 $110.00 

Schedule B D Effective 511/16 $2.92 $2.92 $116.80 

Schedule C 0 Effective 511/11 $3.10 $3.10 $124.00 

ScheduleD D Effective 

Schedule E D Effective 

Schedule G D Effective 

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

Covered Employees: [!] Bargaining 0 Non-Bargaining 

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

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

per trip. 

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

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

by the end of the same month due. 

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

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

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

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

(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 arc issued by the Fund. The Employer must request in writing 

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

specifically define the category or categories involved. 

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

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

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

expressly declared to be saved from such illegality. 

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

one full calendar year. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be 

conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in 

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

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

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

specified herein. 

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

hereinabove shall be payable from and after 1

511114 and continue until expiration of the collective bargaining 

agreement on 1

12131117 subject, however, to the discretion of the Trustees. After expiration of the collective 

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

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

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

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

2 

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

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

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

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

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

Effective date of collective bargaining agreement: ~'='=14==================================--~ 

Expiration date of collective bargaining agreement: _j1_21_3.;;;.; _!;;;;./..;:c1_7 ____ ....::....: _ __;_;_;.:........:=-----=--..:o...:.--.o:___;===--~ 

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

signatory to a current Participation Agreement. 

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

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

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

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

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

LOCAL UNION# _31_7 ___________ _ 

ADDRESS: 

EXECUTIVE ADMINISTRATOR 

REV. 201407 

EMPLOYER: Communication Workers of America 

SIGNATURE: 

PRINT NAME: c h tl, l. ~ -lv p ~\. RJ V\tV 

PRINT TITLE: Qo 0 ' I', ~ ± 

DATE: k 0. ( ~u ~~-

3 
THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREI\IIENT FUND 

PARTICIPATION AGREEMENT 

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

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) _eope ....:.-_Bes_tw_a..:..y_Exp.:..r..:..;ess...;__lnc;...... -.....;. o_rtv_elSIOock..;..__;,..:.._ ____________ _ 

60 Month 

Rehabilitation Death 

Schedule Benefit Rates of Contribution: 

Default 0 Yes 

Schedule A 0 No 

Schedule B ~ 

ScheduleC 0 

Schedule D 0 

Schedule E 0 

::,cheduleG 0 

0 Effective 04/0112014 

------ [!] Effective 04/0112015 

------ Effective 04/01/2016 

Effective 

Effective 

Effective 

Effective 

------

60 Month DB 

($.05 if Total 

Houri elected Houri 

4.3186 4.3186 

4.5993 4.5993 

4.8983 4.8983 

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

Covered Employees: 1!11 Bargaining D Non-Bargaining 

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

Weeki 

172.74 

183.97 

195.93 

[jJ Other 

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

equals hours per trip. 

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

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

~ .: .~ .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 li.lr 

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 emp oye~, 

service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of sa1d 

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 

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

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

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

provided shall be payable from and after 04/01/2014 and expire on 03/31/2017 .This agreement shall continue in ful l 

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

signed and submitted for each subsequent collective bargaining agreement. 

Effective date of collective bargaining agreement _0_4_10_1_1_2_0_1_4 _ ___ ___ ____ _ _ 

Expiration date of collective bargaining agreement _0_3_1_3_1_12_0_1_7 _____ _____ ___ _ 

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

Union are signatory to a current Participation Agreement. 

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

prior or contemporaneous agreements or understandings, whether oral or written. As such, th is 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# 449 

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

ADDRESS: 2175 William Street 

PRINT 

DATE.·_ --~~~~--------~'---r----

REV. ll/2012 

EMPLOYER: Cope Bestway Express, Inc. 

ADDRESS: 1875 Harlem Rd I PO Box 179 

Cheektowaga, NY 14225 

SIGNATURE: 

PRINT NAME: ~<>~m ~"' C.'"J \?e 

PRINT TITLE. 0 \ ' ' ~ 0,.. - ,. . '· , ..._,~, ' L c ·,,

0 

".5:.--cd -~ ~ 

3 
THE NE\V YOI{K STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND 

PARTICIPATION AGREEMENT 

I. (a) This Pat1icipation Agreement. executed by the undcrsignLXI Teamsters Local Union (hcrcinallcr "Union'') and Employer. 

is the basis for participation in the New York Stmc Teamsters Conference Pension & Retirement Fund (hcrcinaller "Fund''). 

The Employer. its particip:lling employees. and the Union. us a condition of participation in this Fund. me bound by this 

Participation Agreement. the Trust Agreement. Plan documents and all ol' the rules and regulations of the Fund now and/or 

hereaflcr adopted hy the Board of Trustees. 

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

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

cxccpt as is otherwisc provided herein. No agreement between the Employer and the Union shall alter this ntle or any other 

rule or provision of this Pmticipatio11 Agrecment. 

(c) The Employ ... ·r agrees to contribute as l(lllows. not to exceed the maximum: 

Cortland Ready Mix- Drivers and Office #0663 

Covered Group of Employc~.:s (De tim:)----------------------------

60 Month 60 Month DO 

Rehabilitation Death ($.05 if Total 

Schedule nenelit Rates or Contribution: Houri ' ekctcd) Houri ' Weeki , 

Delimit [!] Yes 0 EtTcctivc 04l01/201G 4 2400 4.2400 169.60 

Schcduh! A 0 No {!] Eflcctivc ().l/01/2017 4.4944 4.4944 179.78 

Schedule B 0 Eflcctivc ().ll0112018 4 .7(;.11 4.7(;.11 190.56 ---- Schedule C 0 Efti!ctivc 

ScheduleD 0 Efli!ctivc ---- ---- --- Schedule E 0 Eflcctiw 

Schedule G 0 El'lcctive 

Contract Type: 0UP5 0 Freiltht-National 0 Construction 0 Municipal [!]Other 

Covered Employ~.:es: (!] Barg;~ining 0 Non-nurgaining 

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

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

pl!r trip. 

(d) All such payments to he made to the Fund nrc to be received by the Fund ofticc on or bclbre the tenlh (lOth) day of the 

month l(>llowing the month in "hich said monies were accrued. except when otherwise agreed by the Fund. but not to exceed 

by the end of the same month dul!. 

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

liable t'()r all employee bcnclit clnims which arc incurred during the period of delinquency. damages. reimbursement to the Fund 

lor the Fund's attorneys' tees. m1ditors· tees. court costs. disbursements and expenses incurred by the Fund in recovering the 

above. In audition. the Employer must pay all arrears due the fund together with liquidated damages in the smn of ten percent 

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

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

Employer must immediately pay the delinquent nmount to the Fund. A tier said payment. the Employcr may appeal the Fund's 

dccision to the Board of'Trustces. \\hose decision shall be linal and binding. In the event of failure of the Employer to comply 

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

participate in the Fund. and the Emph1ycr shalll11: responsible ltlr nil the benefits and nil other charges specified herein. 

3. The Fund may. at nny time. audit the payroll records of any and all employeL>s of the Employer at a time mutually agreed 

I 

REV. 201407 
upon at no extra char<:JC 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 P:uticipntion Agreement. the Employer shall pay the full cost of the audit that has been performed by 

the Fund. In addition. thc Employer shall be responsible as set lorth in this Participation Agreement and the l'und's rules. 

rcgulutions and/or colkction policies. 

4. The r-und shall be open to pat1icipation hy any group of members belonging to a participating Union that fully complies with 

all rules und regulations of the Fund. In addition. the Employer may contribute to the Fund for emrloycl'S working outside the 

jurisdiction or the collectiw bargaining agreement in the amount indicated above. However. if these employees arc included. 

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

basis as is pro\'idcd in this Participation Agreement. and th-.: Employer also agrees to continue to make contributions on all these 

cmploye~-s tor as long as there shall bl.! a collective bargaining agr-.:ement between the Employer and the Union. subject to any 

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

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

spccilic<~lly di.!Jinl.! th-.: category or categories involved. 

5. Should any ol' 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 stntutc or regulation. such declaration shall in no way impair 

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

expressly declared to be saved from such illegality. 

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

one full calendar yc<~r. 

7. If an -.:mploye-.: is gnulled " leave or absence. the Employer shall collect from said employee. prior to the leave of absence 

being effective. suflicient monies to pay the rl.!quirl.!d contrilmtions during the p-.:riod 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 docs not so comply. the Employer IIlllS! pay the contributions subject to all other requirements in paragraph 2 herein. 

8. The Employer agre~'S to furnish such information as may be necessary to enable the Fund to carry out its duties. 

9. If a rl.!gular employee is absent b~cause of illness or olr·th-.:-job injury and notifies thl! Employer of such absence. thl! 

Employer shall continue to make the required contributions lor a period of tour (4) weeks. If a regular employee is i1~ur-.:d on 

the job. the Employer shall contim1-.: to pay thc required contributions until such employee returns to work. However. such 

contributions shall not b-.: paid lorn pl.!riod of more than __ weeks. 

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

Employer. or their agents. successors or ;sssigns. against the Fund. the Trustees thereof or any employee. service provider. 

reprcs..:ntativc or <~gent thereot: and all actions and proceedings commenced by or on behalf of said Trustees against any 

clnimunt. applicant. employee. participant. th-.: Union or the Employ-.:r 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 exc-.:pt where otherwise 

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

Mass:tchusetts r-.:gional oflice of the American Arbitration Association and all hearings and r-.:lated proceedings shall be 

conducted in Syracuse. New York. In regard to lcdeml district court actions. all such actions shall be commenced and heard in 

th-.: United States District Court lor the Northern District of N-.:w York. The f-und shall not be subject to any 

grievancclarhitrution procedure set lorth in any colll.!ctivc bargaining agn.!ement. It is specifically agreed that any action or 

proceeding commenced or initiated in :my other jurisdiction or v-.:nue shall be transferred to the appropriate court or tribunal 

specified herein. 

II . This Pmticipation Agreeml.!nt shall het:omc elli.:ctive ns of thl.! date of execution hcr-.:of and the payments provided 

hercinabow shall be payubll.! from and after 1°410112016 ·- and continue until expiration of the collective bargnining 

agreement on [03131/2019 subject. however. to the discretion of the Trustees. Aticr expiration of the collective 

bargaining agrecml.!nt. this Participation Agreement shall continue in full force and cllcct until a successor collective bargaining 

agreement is cx~-cuted by the Employer and Union unless a) th-.: Trustees tenninatc the participation of thl! Employer and 

provid-.: written notice of th..: date or termination. b) the Employer gives the Fund at least sixty (60) days advance written notice 

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

2 

REV. 201407 
Ole>G 3 

contribute by contract or statute. c) the date the NLIU3 certilics the results of an election thai terminates the Union's 

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

Employer shall pay any contrihution rate increases due under the Rehabilitation Plan in eiTect during negotiations with the 

Union and such payments shall he made in nccordancc with the rules and regulations or the Fund. A new Participation 

Agreement must he signed and submitted lor each successor collective bargain in!!. aj!.rcemcnt. 

~ • d t• 11 · b • · 1April 1 2016 •• ccllvc ate o co c<:tl w . arg;umng. <lg.rccmcnt: ;..._' ·;:===· =====================------< 

Expimtion dati.! of collective bargaining agreement: '-IM_ar_c_h_3_1_._2_0_1_9 ___ _______________ __. 

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

signatory to a current Pa11iciration Ag.r~mc . 

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

contemporaneous agn.\!ments or understandings. whether oral or written. As such. this Participation Agr\.'Cillent may not be 

modi lied except by a writing sig.ncd by all parties. Further. to the extent there exists any conllict between any provisions of this 

Participation Agreement ;md any provisions or the collective bargaining agreement. this Participation Agreement shall control. 

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

LOCAL UNION/I _31_7 _ _________ _ EMPLOYER: Cortland Ready Mix, Inc. 

J\DDIU:SS: 

SIGNJ\TUR 

DA 

NEW YOHK STATE TEAMST 

151 NORTIIERN CONCOURS 

MAILING ADDRESS: 

REV. 20 1407 

SIGNATURE. 

-... 

R~d>ct~d b\' the l' S Department o l the 

Tt("asmv 

I'R INT NJ\ME:._ ey..:.._"'....;;"!.._'~".: .... '. :.... ______ _ 

PRINT TITLE:,;.P_re,.s_id_e_n_t _________ _ 

DATE: slq/2DilP 

ENCE PENSION AND RETIREMENT FUND 

NY 13212 

E. NEW YORK 1322 1- 4928 

3