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THIS AGREEMENT entered into by and between theAssociated Construction Contractors and the ConstructionContractors Labor Employers of New Jersey, hereinafterreferred to as the "Employer", and the International Union ofOperating Engineers, Local Union 825, 825A, 825B, 825C,825D, 825R & 825RH, hereinafter referred to as the "Union".THIS AGREEMENT shall bind all Subcontractors whileworking for an Employer at the job site who is a party to thisAgreement. Any Employer who sublets any of his work mustsublet the same, subject to all the terms and conditions of thisAgreement.

The Employer agrees that he will not Subcontract any ofhis work, which is covered by the terms of this CollectiveBargaining Agreement, to any Subcontractor, unless saidSubcontractor agrees in writing to perform said work subjectto all terms and conditions of this Agreement between theEmployer and the Union, including an Agreement to submitwork jurisdictional disputes for determination as providedbelow.

The parties hereto agree to make all assignments of workcovered by this Collective Bargaining Agreement to theEmployees covered hereunder. In making the assignment ofwork, the Employer shall make said assignment in accordancewith any established decisions and/or Agreements of recordset forth in the "Green Book" or in any official book publishedby the National Joint Board for the settlement of jurisdiction-al disputes. Where, however, there are no established decisionsor agreements of record, as described above, relative to juris-dictional work disputes and a jurisdictional work dispute aris-es wherein this Union is involved with any other craft and anyEmployer or such Employer's Subcontractor, the Employer orSubcontractor involved shall assign the work in accordancewith the last known decision rendered by the National JointBoard of Awards within the territorial jurisdiction covered bythis Agreement. Where there are no decisions by the NationalJoint Board covering similar or same types of disputes in thisjurisdiction, the Employer will make the assignment of workin accordance with area past practice and custom.

The Union agrees that if it enters into an Agreement withany other Contractors engaged in this type of work within thearea designated herein upon more favorable terms to suchother Contractors than embodied in this Agreement, then suchmore favorable terms shall immediately be added to andbecome a part hereof upon the Employer giving the Union five(5) days notice in writing of the facts involved. The Unionagrees to furnish the signatory associations copies uponrequest of any contracts signed with other associations or indi-vidual companies if these contracts cover the performance ofwork within the scope of this Agreement.

The Union recognizes the Associated ConstructionContractors and the Construction Contractors LaborEmployers of New Jersey as the Bargaining Agent for, and act-ing for an on behalf of its present and future Members, and thisContract shall cover, all of the Active Members of theAssociated Construction Contractors and the ConstructionContractors Labor Employers of New Jersey whose names areattached and signed to the annexed Exhibit A, which is here-with made a part of this Agreement.

The Employer recognizes the Union as the sole exclusive

Bargaining Agent for all the Employees engaged in the opera-tion of power equipment, as herein specified in schedulesattached and made part hereof, used in the construction, alter-ation, and repair of buildings, structures, bridges, bridgeapproaches, viaducts, shafts, tunnels, subways, foundations,streets, highways, sewers, sewage disposal plants, filteringplants, incinerators, piers, docks, dams, dredging, port works,river and harbor improvements, pipelines, pipeline watercrossings, temporary pipe fittings, sinking of wellpoints, allpiping in connection with wellpoints, burning and welding,installing, repairing and maintaining of all equipment, fittingup, dismantling, repairing and maintaining and operating of allmachinery when done on the job, and such other work as bycustom has been performed by workmen in the fields of con-struction outlined in ARTICLES I, V & VI, under the supervi-sion of the Lead Engineer or Foreman Engineer and line andgrade work with topological field parties under the direction ofa Party Chief.

This Agreement shall govern rates of pay, hours and work-ing conditions on all phases of construction indicated herein,within the State of New Jersey and the five Southern Countiesof New York (Delaware, Ulster, Orange, Sullivan andRockland).

The Employer retains full and exclusive authority for themanagement of his operations. Except as expressly limited byprovisions of this Agreement, custom and past practices, theemployer may direct his working forces at his sole preroga-tive, including hiring or discharge of his Employees. TheEmployer may utilize any method or techniques of construc-tion and there shall be no limitations or restrictions on the useof machinery, pre-cast, materials, equipment, tools, or otherlabor-saving devices, nor shall there be any limitations uponchoice of material, equipment or design. The Employer mayassign and schedule work and shall determine when overtimewill be worked and may require reasonable overtime.

ARTICLE IHIRING HALL PROCEDURE

1. The Union shall establish and maintain an open employ-ment list for the employment of workmen. Such list shallbe established and maintained on a non-discriminatorybasis, without regard to race, color, religion, sex or nation-al origin, and shall not be based on, or in any way affectedby union membership, by-laws, rules, regulations, consti-tutional provisions, or any other aspect or obligation orunion membership, policies or requirements.

2. Whenever desiring to employ workmen, the Employershall call upon the Union for any workmen as theEmployer may, from time to time need, and the Union shallrefer such workmen from the open employment list. TheEmployer shall give the Union twenty-four (24) hoursnotice when requiring the services of a workman coveredhereunder, said notice time to be exclusive of Saturday,Sunday and Holidays.a) In notifying the Union of its need for workers, the

Employer shall specify to the Union: (1) the number ofworkers required, (2) the location of the project, (3) the

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nature and type of construction involved, (4) the work tobe performed, and (5) such other information as may benecessary to enable the Union to make proper referral ofapplicants.

b) When an Employer states requirements for specialskills or abilities in his request for Employees, theUnion shall refer the first applicant on the register pos-sessing such skills and abilities.

3. The Employer shall retain the absolute and unconditionalright to reject any workman referred by the Union not pos-sessing the requisite work qualifications, or special skillsand abilities, since the Union is not to be deemed to guar-antee the same. However, in no case shall a referred work-man be rejected without just cause. Any workman who isrejected by the Employer with just cause, shall be restoredto his place on the list. The employer shall document thecause in writing.

4. All members and registrants on hiring hall list must per-sonally register and be properly identified and pho-tographed.

5. Recognizing that many older workers are restricted in theoperation of heavy construction equipment by reason oftechnical advances and/or physical handicaps which donot, however, prevent them performing usefully and well,certain functions of the Operating Engineers' craft, andwith a view towards maintaining a source of employmentfor persons falling in this category, the hiring hall willmaintain a "Limited Preferred Status List," from which dis-patch will be made for maintenance and operation of weld-ing machines, compressors, elevators, house cars, genera-tors, pumps, temporary heating equipment, conveyors andtuggers.

In order to qualify for referral from this list, the fol-lowing criteria must be met:(a) The member or registrant must voluntarily submit his

name for inclusion on the list for a minimum period ofsix (6) months and during this time will not be eligiblefor referrals except as to equipment under the "LimitedPreferred Status List".

(b) The member or registrant on the "Limited PreferredStatus List" must be at least fifty-five (55) years of ageand have had twenty years of experience in the indus-try as evidenced by his continuing availability on theHiring Hall list, or in lieu thereof.

(c) A person on the "Limited Preferred Status List" musthave a bonafide physical handicap with proof thereofbeing submitted to the satisfaction of the ExecutiveBoard of Local Union 825, which handicap wouldunduly restrict his capacity to operate equipment otherthan that on the "Limited Preferred Status List".

(d) In view of the restriction on employment of those onthe "Limited Preferred Status List" to the equipmentspecified herein, contractors may not request anEmployee by name on this list.

(e) In the event that the "Limited Preferred Status List" isexhausted and no one is available therefrom foremployment, a registrant or member from the generalhiring hall list may be referred to a job normally filledby a person from the "Limited Preferred Status List"

6. When a man is referred from the hiring hall for employ-ment, he shall continue to retain his position at the top ofthe hiring hall list, until he has completed one hundredtwenty (120) hours of employment, after which time his

name shall be re-registered in proper position as of the dateof notification to the hiring hall of his availability.

7. In order that the hiring hall list may correctly reflect theavailability of registrants, each member must review hisregistered skills once per year with a hiring hall dispatcher.

8. Registration cards will contain information as to the equip-ment that the registrant can operate and his experience insuch operation. If a workman has two (2) or more docu-mented discharges by employers alleging an inability tooperate the equipment, he shall: 1) be removed from theemployment list, 2) report to the local union training sitefor a skills evaluation and/or appear at the next regularlyscheduled meeting of the hiring hall review board, 3) re-register his name on the employment list in person with thedispatcher. Thereafter, if the workman receives one addi-tional documented discharge by an employer for an inabil-ity to operate equipment the workman shall automaticallybe barred from the open employment list.

9. The dispatcher in making referrals from the hiring hall,based in part on an Employer's request to reemploy a manwho is available and who has had "previous employment,"shall not consider employment as "previous", unless it waswithin the preceding one year from the date of request ortwo years if the workman has a total of 1000 hours or morewith the requesting employer in the two years prior to thedate of request.

10. Unless otherwise provided by the Collective BargainingAgreement with the Local Union, no person dispatchedfrom the hiring hall will operate any machine or equip-ment other than those to which he was originally assignedto on referral, without approval of the hiring hall.

11. When the machine or equipment to which a man wasreferred is moved to a different job or shut down, the oper-ator must notify the hiring hall.

12. No person selected for referral from the hiring hall will beallowed to refuse a job without just cause. Three instancesof a refusal without just cause and/or no response to thehiring hall shall remove the workman from the hiring halllist. He may thereafter register again being added to thebottom of the list. No response is defined as not returningthe phone call of the dispatcher within twenty-four (24)hours exclusive of Saturday, Sunday or Holiday.

13. The Employers and Union agree that chronic or unex-cused lateness and absenteeism is undesirable and must beprotected against. For this reason:

Any member or registrant receiving a documenteddischarge from an employer for failing to report to workon time shall automatically be suspended from the openemployment list until he or she personally re-registers onthe open employment list.

Any member or registrant who fails a second time toreport to work on time shall automatically be suspendedfrom the open employment list until he or she pays a$50.00 assessment, personally re-registers on the openemployment list and completes the pre-employment testingprocedures embodied in the Policy and Program concern-ing the use of and testing for Controlled Substances &Alcohol.

Any member or registrant who fails a third time toreport to work on time shall automatically be suspendedfrom the open employment list until he or she pays a$100.00 assessment, appears at the next regularly sched-

ARTICLE I (continued)

ARTICLE I (continued)

uled meeting of the hiring hall review board, personally re-registers on the open employment list, and completes thepre-employment testing procedures embodied in the Policyand Program concerning the use of and testing forControlled Substances & Alcohol.

Any member or registrant who fails to report to workon time for a fourth time shall automatically be barredfrom open employment list.

14. It shall be privilege of members and registrants to placetheir names on any one, or all, of the hiring hall lists main-tained at the various Union offices throughout the juris-diction of Local 825.

15. Upon request of a member or registrant, the hiring halldispatcher shall inform him of his present position on thehiring hall referral list. If the member or registrantbelieves that his placement on the list is improper and dis-criminates against him with reference to a possible jobreferral, he shall have the right to review his position onthe list. If the member or registrant continues to believehis placement on the list was improper or discriminatoryhe may file a claim pursuant to Section 15, of these rules.

16. Any member or registrant on the employment list whomakes written claim that he has been discriminatedagainst in violation of his rights under the LaborManagement Relations Act of 1947, as amended, byexclusion from a job referral, shall have the right to animmediate appeal to a Joint Board consisting of two (2)members of the Union and two (2) representatives of theEmployer, who shall be respectively designated upon thesigning of the Collective Bargaining Agreement. Votingby members of the Joint Board shall be on a unit basis. Incase the Joint Board fails to reach a unanimous decision,the claim shall be submitted expeditiously to an impartialumpire, to be agreed upon by the Joint Board, herein cre-ated, whose decision shall be binding and conclusive.

The Claim of any member or registrant who feels thathe has been discriminated against must be filed in writingwith the Union ten (10) days from the date of the allegeddiscriminatory practice, in order to entitle him to the bene-fits of the appeal procedure hereinbefore set forth.

17. The cost and expense of establishing and maintaining theopen list and of referrals therefrom, shall be borne by allof the registrants thereon. In the case of registrants, whoare not members of the Union, their share of such costsand expenses shall not exceed the sum equal to the pro-rata share of the cost and expenses of operating theemployment list and the referrals therefrom, which isbeing borne by the members of the Union from the pay-ment of Union dues. After seven (7) days from the date ofthis Agreement or of the date of registry on the list,whichever is later, registrants shall incur the obligation ofmaking quarterly payments of their share of such cost andexpenses. Failure of a registrant to make payment of suchcost and expenses shall constitute grounds for removalfrom such list and shall nullify any prior referral there-from.

All references in the foregoing Hiring Hall Rules, tothe masculine gender, shall be deemed to include the fem-inine gender.

ARTICLE IIMANAGEMENT RIGHTS CLAUSE

(a) The Unions shall not interfere with the Owner's personnel,operations or facilities.

(b) There shall be no limit on the production or restriction onthe full use of tools or equipment.

(c) Employees shall be at their places of work at the startingtime, and shall remain at their places of work performingtheir assigned duties under supervision of the Employeruntil quitting time. The Employer shall have the right todetermine the place to work. It is agreed, and is the intentof the parties, that there be a full day's work for a fair day'swage.

(d) Slowdowns, standby crews, and makework practices shallnot be tolerated.

(e) There will not be any coffee breaks, rest periods or othernon-working time established during working hours.

(f) All equipment assigned to the project shall be under thecontrol of the Employer for the duration of the shift.

(g) The Employer shall have the right to work partial crewsduring inclement weather.

(h) The Employer will have the right to determine all crewsizes. However, in accordance with currently recognizedcraft jurisdiction, Employees will start, stop and maintainsmall portable construction equipment such as pumps,compressors and welding machines. The Employer mayassign such Employees to other work of his craft's juris-diction during the work day. There shall be no overman-ning of this type of equipment and such equipment shall beoperated and maintained in an economical manner, asdetermined by the Employer.

ARTICLE IIICONDITIONS OF EMPLOYMENT OF REGISTERED

INDENTURED APPRENTICES1. A Registered Indentured Heavy Equipment Operator

Apprentice may be employed on any job that has a mini-mum of 10 pieces of grading, paving or excavating equip-ment or five (5) Operating Engineers on the job operatingthe same types of equipment and having additional piecesof similar type available for the Apprentices to be assignedto.

A Registered Indentured Heavy Duty MachineApprentice may be employed on any job that has aJourneyman Mechanic.

A Registered Indentured Field Engineer Apprenticemay be employed on any job that has a Survey Crew.

However, the Employer may request a RegisteredIndentured Apprentice, even though he does not meet thesejob requirements, provided that the Joint ApprenticeshipTraining Committee is satisfied with that proper training isavailable for the Registered Indentured Apprentice on thejob site.

2. It will be the option of the contractor to select on the jobequipment within the categories of the RegisteredApprentice so as not to interfere with job continuity.

3. All on-the-job training will be the responsibility of the des-ignated Journeyman Engineer. A written progress reportwill be submitted at the end of each work week. This reportwill be signed by the Registered Apprentice, Contractor

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Representative and designated Journeyman Engineerresponsible for the on-the-job training. In addition a repre-sentative of the Joint Apprenticeship Training Committeewill make an on-the-job inspection and interview once amonth. A report of the progress will be submitted to boththe Contractor and Joint Apprenticeship Committee.

4. The placement of the Registered Indentured Apprenticewill be accomplished by a joint effort of Local 825,J.A.T.C. and the job contractor.

5. The Registered Indentured Apprentice shall be subject toall terms and conditions of this collective bargainingAgreement.A Registered Indentured Heavy Equipment Operator

Apprentice wage rate will be as follows:1st year—60% of the Journeyman's wage for the piece ofequipment he is operating2nd year—70% of the Journeyman's wage for the piece ofequipment he is operating3rd year—80% of the Journeyman's wage for the piece ofequipment he is operating4th year—90% of the Journeyman's wage for the piece ofequipment he is operating

A Registered Indentured Heavy Duty Mechanic Apprenticewage rate will be as follows:1st year—60% of the Journeyman Mechanic's wage.2nd year—70% of the Journeyman Mechanic's wage.3rd year—80% of the Journeyman Mechanic's wage.4th year—90% of the Journeyman Mechanic's wage.

A Registered Indentured Field Engineer Apprentice wagerate shall be as follows:1st year—70% of the Rod/Chairman's wage.2nd year—75% of the Rod/Chairman's wage.3rd year—80% of the Rod/Chairman's wage.4th year—90% of the Rod/Chairman's wage.

All fringe benefit contributions shall be made as set forthin this Collective Bargaining Agreement.

ARTICLE IVUNION SECURITY

All employees covered by this Agreement who are mem-bers of the Union on the effective date of this Agreement shall,as a condition of employment, maintain their membership inthe Union. All employees who are not members of the Union,and all employees who are hired thereafter, shall become andremain members of the Union as a condition of employmentnot later than the eighth (8th) day following the beginning oftheir employment, or the effective date of this Agreement,whichever is the later. The Contractor shall not retain inemployment any person unless he is or becomes a member ofthe Union and, upon notification by the Union as set forthherein that any such employee is not a member in good stand-ing, shall discharge such employee. Upon written notice by theUnion given by certified mail return receipt requested that anyemployee has failed to become or remain a member in goodstanding, the Contractor shall suspend such employee for atwenty-four hour period to afford the employee the opportuni-ty to obtain or regain good standing, failing with said employ-ee will be discharged forthwith. In the event of any change inthe law during the term of this Agreement, the Contractoragrees that the Union will be entitled to receive the maximumunion security which may be lawfully permissible. Neither the

Union nor the employee shall hold the Contractor liable forcomplying with the Union's request in this matter.

ARTICLE VWORKING CONDITIONS PERTAINING TO ALL

PHASES AND TYPES OF CONSTRUCTION WORK1. STRAIGHT TIME: Eight (8) hours per day, forty (40)hours per week, Monday to Friday inclusive, shall prevailexcept at start and finish of job when said Employees shall bepaid on a unit basis of an eight (8) hour day, unless specifiedherein.2. SHIFT WORK: First shift eight (8) hours pay for eight (8)hours work at straight time; second shift eight (8) hours payfor seven and one-half (7 ½ ) work at straight time plus tenpercent (10%); third shift, eight (8) hours pay for seven (7)hours work at straight time plus fifteen percent (15%). Shiftwork must continue for five (5) days, Monday to Friday, forty(40) hour week. If not the overtime premium rate shall apply.All other time worked, except Monday to Friday, shall be atthe overtime rate.

Where there are only two shifts and the first and secondshifts shall be eight (8) hours work at eight (8) hours pay foreach shift. In addition there is an unpaid ½ hour lunch period.The second shift shall be straight time plus 10%. A flexiblestarting time of 6:00 AM through 8:00 AM and the "Irregular"Shift Clause will apply to Highway, Road, Street and SewerProjects.

An "Irregular" Shift would start any time from 5:00 PM to12:00 AM. The first eight (8) hours shall be at straight timeplus fifteen percent (15%) Monday through Friday. Whenworking with other trades or local unions who receive a high-er irregular shift differential, the Local 825 Employee will alsoreceive the higher shift differential.

For construction project contracts where an owner man-dates that construction work shifts are to have a starting timebetween 8:00 PM and Midnight, provided there are consecu-tive hours of work within the shift, the Employer shall beobligated to pay shift differential, not premium rate, for thoseshift hours worked within Saturday 12:00 AM to 6:00 AM onSunday 8:00 PM to Midnight.

When the Department of Labor does not include the ShiftPremium in the prevailing wage rate schedule and/or in theevent of non-union or vertical union competition, the shiftwork premium will be waived. Where the bid documentsand/or Contract require the Employer to work restricted hoursor for any mutually agreed reason an Employer may work four(4) ten (10) hours days at the straight time rate during theweek. In the event of rain when the Employees are not allowedto start ten (10) hours at the straight time rate will be paid. IfFriday is worked time and one-half (1 ½) will be paid for allhours.

An Irregular Shift can be worked when at a Pre-JobConference the Union and the Contractor agree to complywith the Contract documents that specify particular hours to beworked because of traffic control from Monday throughFriday or on any two (2) consecutive of the five (5) regularwork days when owner mandated.3. CALL OUT PAY: Employees ordered out to work by theEmployer and not permitted to work, shall be paid for thestraight time rate as follows; Monday to Friday, eight (8) hourspay; Saturday, four (4) hours pay; Sunday, eight (8) hours pay;Holiday, eight (8) hours pay plus Holiday pay.

ARTICLE III (continued)

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4. TEMPORARY LAYOFF: Employees temporarily laid offand reemployed within three (3) days, on the same job, on thesame unit of equipment, shall be paid for the day or days pre-ceding their re-employment. Since temporary layoff appliesonly to the job where the Employee had been employed, anyre-employment on a new or different job or unit of equipment,whether within the same three (3) day period or not, would notcome under the temporary layoff clause.

There shall be no temporary lay-off provisions fromDecember 1ST - April 15TH, if an employer shuts down a pro-ject due to weather related conditions, provided that all engi-neers are offered employment on the same jobs. This provisionextends through April 30TH for paving operations.

There will be no Temporary Layoff provisions for all pro-jects under $4,000,000. Project, as defined, is a direct contractwith municipality, county, MUA or similar body.

Temporary Layoff provisions may be waived by mutualagreement. Temporary layoff provisions will not apply to BackDump Operators.5. SNOW REMOVAL: Snow removal shall be consideredemergency work and be paid for at the straight time rate for thefirst eight (8) hours, and time and one-half (1 ½) after the firsteight (8) hours, except Saturday, Sunday and Holidays to bepremium time as per contract. Employees covered by thisparagraph are guaranteed eight (8) hours pay minimum.6. RENTAL OF EQUIPMENT: When a Contractor rents apiece of equipment covered by this Agreement, he shall notifythe Union Hiring Hall of the fact of such rental and shall fur-nish the name or names of the persons on the Union ReferralList who are operating said equipment. Said members of theoperating crew, and the Lessee, shall be governed by the termsand conditions of this Agreement. If the Lessee fails to pay andreport contributions into the Benefit Funds or does not have aCollective Bargaining Agreement with Local 825, then theRenter of the equipment shall be responsible for making suchpayments and reports to the Benefit Funds on the wages cov-ered hereunder. The Lessee shall not thereafter rent out the ser-vices of the operating crew to any other party.7. MANNING REQUIREMENTS:

(a) Where two (2) small mixers of less than one-half (1/2)yard capacity (without loading device attached) are operatedon the job on any one day, a Maintenance Engineer will berequired to service and maintain said mixers.

(b) Where a mixer of less than one half (1/2) yard capaci-ty, without loading device attached thereto, and one smallpump or two small pumps are used upon a job in any one day,a Maintenance Engineer will be required to service and main-tain them.

(c)An engineer must be employed on each mixer having acapacity of one half (1/2) yards or more, whether equippedwith a loader device or not.

(d) An Assistant Engineer/Oiler or Maintenance Engineermust be employed on all power cranes, Gantry cranes, shov-els, Koehring "Scooper" (combination loader-shovel), loco-motives, paving mixers, derricks, truck cranes, draglines, ele-vator graders, tree chopper with boom, truck mounted pave-ment breaker, down the hole drills, concrete pumping,pumpcrete and squeezecrete systems, large trenchingmachines, transfer of staging pumps, and on any othermachine where the services of the said AssistantEngineer/Oiler or Maintenance Engineer are necessary;including carrying of gas. No Oiler required on any size

hydraulic backhoe or hydraulic rough terrain cranes, crawlerand truck cranes one hundred (100) tons and under accordingto Manufacturer's rating. All moves to be made by anyOperating Engineer.

1. Cranes 150 tons and over-(Manufacturers specificationswith basic boom.) Manning requirements shall be subject of aPre-Job Conference.

(e) Where a gas or diesel driven crane with a steam boiler,gasoline or diesel driven compressor attached theretofurnishes power for any work other than the driving ofpiles, then an Assistant Engineer/Oiler shall beemployed in addition to two (2) Engineers.

(f) Barge Equipment: Two Engineers shall be employedto man a crawler or stiffleg derrick or whirley and anyother equipment on the barge.

(g) Mixers, Hoists, Fork Lifts and Economobiles:Where an Engineer employed on this equipment worksthree (3) consecutive days or any fraction thereof, heshall receive three (3) days pay; if he works the fourthday, he shall be paid for the full week.

(h) Multiple Welding System (Rectifier TransformerType): One (1) Engineer shall man rectifier having upto one hundred (100) leads (inclusive), and one (1)additional Engineer for each additional one hundred(100) leads or fraction thereof.

(i) Working Hours: 8:00 AM to 12:00 Noon and from12:30 PM to 4:30 PM, unless by mutual agreement withthe other crafts, when the working hours shall be from6:00 AM to 12:00 Noon and from 11:00 AM to 5:00PM. All time prior to 8:00 AM and after regular quittingtime worked, including noon hour meal time, shall bepaid for at the overtime rate applicable. Starting timeshall be between 6:00 AM and 8:00 AM, by mutualagreement. There shall be a flexible lunch period ofone-half hour between 11:00 AM and 1:00 PM.

On water work, wherein the tide is the deciding fac-tor in the progress of work, starting time shall bebetween 5:00AM - 9:00AM

On Highway, Road, Street and Sewer Construction,the Employer shall designate the starting time forEmployees hereunder, at which time the pay shall com-mence including waiting time; and the eight (8) hoursper day shall commence from the designated startingtime.

On all types of Construction, for the convenience ofthe Employees and the Employer, the regularly desig-nated starting time may be changed by mutual agree-ment with the Union, and the eight (8) hour day willcommence at that time.

(j) Where the Employer obtains power from a permanent,or temporary plant, i.e. steam, compressed air; hydraulic orother power, for the operating of any machine or automatictools, or for the purpose of furnishing temporary heat includ-ing propane, natural gas or flowtype units for heating materialor to buildings under course of construction or used in the con-struction of new buildings, additions, alterations, or repairsthereto; Employees covered hereunder shall man and operatesuch permanent or temporary plant from which source ofpower is supplied. In the event that the Employer is unable toarrange this, Engineers shall man all valves or other outlets ofsuch source of power as is used by the Employer and shall bepaid the rate of wages applicable to the classification of workin which he is employed.

ARTICLE V (continued)

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(k) Steam Time: It is understood and agreed thatEngineers, Apprentice Engineers or Firemen getting up steambefore regular starting time, shall receive one (1) hours pay attime and one-half (1½) rate.

(l) Temporary Heating Plants, Wellpoint Systems orPumps: Where a Temporary Heating Plant, (6) hours each,seven (7) days per week, straight time will be paid for workfrom Monday to Friday; time and one-half (1 ½) for Saturdaywork, and double time for Sunday and Holiday work. TheLead Engineer or Mechanic will cover the Electric Pumps ona Day Shift. If there is no Lead Engineer or Mechanic, anOperating Engineer will man the Electric Pumps.

(m) On Heavy Construction Work, a MaintenanceEngineer shall be employed to do all temporary pipe fitting,repairing and maintaining of all equipment under the guidanceof the Lead Engineer.

(n) Two (2) concrete towers or two (2) brick hoists shallnot be operated from one (1) hoisting engine. An Engineershall not be shifted from one (1) hoisting engine to another.

1. When two (2) concrete towers, or two (2) brick hoistsare being operated, a Maintenance Engineer shall berequired.

(o) Where a mixer of less than one-half (½ ) cu. Yd. capac-ity operates in conjunction with a hoist, or any type of hoist-ing equipment, including economobiles, lulls, hyster sandforklifts, add Ten Dollars ($10.00) per week or any part there-of.

(p) Two (2) Operating Engineers shall be employed on alltower type and cantilever type machines and on all similarmachines, on all projects.

(q) An Engineer shall be employed when a tower is beingerected. Said Engineer shall erect and test hoist and hoisttower parts in addition to being employed after tower is up.

(r) Autograde placer-trimmer-spreader-combination (CMIand similar types), requires Engineer and MaintenanceEngineer, Autograde slipform paver, (CMI and similar types)requires Engineer and Maintenance Engineer.

(s) Suitable sanitation facilities and suitable quarters shallbe provided for to change clothes and store personal tools. Thechange house shall be heated in winter for the purpose of dry-ing clothes, etc.

(t) Pile Drivers:1. On Conventional Pile Drivers and Engineer and Oiler

will be required.2. With a Compressor, generator, vibratory hammer, or

diesel powered hammer attached to the machine or onthe ground shall require two (2) Engineers at the A rate.

(u) Field Engineers: A party may consist of up to three (3)men, Party Chief, Instrument man and Rod/Chairman; howev-er with a GPS or similar types the Employer as a matter of cus-tom and practice has utilized one (1) man Party Chief; two (2)men (Party Chief and Transitman or Rodman) as a party, thensuch practice shall continue.

It is understood that the need for additional Employeesshall be made by mutual agreement between the Union and theEmployer.

Chief of Party: A Chief of Party is directly responsible forthe layout from the taking of information from supplied spec-ifications and plans to the direction and actual performance oflayout. He shall be able to read plans and specifications, drawany additional sketches required for the performance or layout, develop and maintain survey records, do the necessarycomputations, keep control of layout on the job and to perform

and direct the operations of Instrument men and Rodmen, andperform such other duties as may be assigned to him consis-tent with his duties.

Instrument Man: An Instrument Man or Transitmanunder direction performs layout. He shall be able to set up,operate and make minor adjustments to surveying instruments,read plans and sketches and keep surveying records. He shallbe able to perform the duties of a Rodman.

Rodman/Chainman: A Rodman/Chainman is one whogenerally assists a Chief of Party or Instrument Man and issometimes known as a Chainman. He shall be able to operatesurveying rods, be able to chain, and generally assist in doinglayout.

This Agreement shall apply to qualified Employees cus-tomarily and regularly engaged in field layout work only;excluding executive; administrative office personnel and engi-neers including engineer trainees who are employed directlyby the Employer for the sole purpose of training for a futurewith the company. Further, this Agreement shall not apply toany field layout work beyond the direct control of theEmployer except as this Agreement is binding on allSubcontractors working for this employer. Employees coveredby this Agreement shall work with and cooperate fully with theabove-mentioned persons excluded from coverage under thisAgreement.

Following are tools pertaining to the trade of FieldEngineer which shall be manned by the Employees listed:1. Laser Beam2. Computer3. Theodolite4. Electrotape5. Transit6. Philadelphia Rod7. Rod Level8. Instrument Level9. GPS

The Party Chief shall be the first man from the Party on thejob.

An additional seventy-five cents ($.75) per hour will bepaid for all tunnel work under compressed air, and fifty cents($.50) per hour for hydrographic work if worked one (1) ormore hours per day.

Definition of Hydrographic Work: Line and grade workperformed one (1) or more members of the Field Party Crewis physically located in a vehicle afloat on a bay, harbor, lake,river or similar body of water, and line and grade work per-formed while one (1) or more members of the Field PartyCrew is suspended from a structure over a bay, harbor, lake,river or similar body of water with only the member or mem-bers on or over the water receiving the premium added rate offifty cents ($.50) per hour.8. Lead Engineer, Foreman Engineer or Safety Engineer:

(a) It is further agreed that where there are seven (7) ormore Operating Engineers, excluding Oiler and BackDump Operators, covered by this Agreement employedupon any one (1) job or by any one (1) Contractor(excluding Reg. Indent. Trainees) and ARTICLE V,Section 7, (1) Employees, a Lead Engineer, ForemanEngineer or Safety Engineer shall be employed. Whereseven (7) or more Operating Engineers, excluding Oilerand Back Dump Operators, work for differentContractors, The General Contractor or Key Prime

ARTICLE V (continued)

7

Contractor shall be responsible for employment andwages for said Lead Engineer, Foreman Engineer orSafety Engineer. Where any ACC/CCLE acts as aGeneral Contractor or Prime Contractor on that job willbe required to employ a Lead Engineer.

(b) When there is no General Contractor or where allContractors on a project or job site are PrimeContractors and a minimum of seven (7) OperatingEngineers, excluding Oilers and Back DumpOperators, covered hereunder are employed areemployed on said job site (including all shifts-butexcluding temporary heat, wellpoints, pump coverage),then all Contractors employing one (1) or moreOperating Engineers on said project are equally respon-sible for the employment of wages of said LeadEngineer, Foreman Engineer or Safety Engineer. Theyshall pay a pro rata share of his wages based on thenumber of such Operating Engineers covered hereun-der employed by them.

(c) He shall be responsible for the performance of allduties of Engineers Apprentice Engineers, RepairMechanics, Oilers, Maintenance Engineers and otherEmployees under the direction of the Employer.

(d) The parties may agree that any lead engineer may workat the trade. It is recognized that the Lead Engineerserves an important function in maintaining harmony,cooperation and effective production. Therefore his jobassignment should not prevent his function as a LeadEngineer. The parties agree that the Lead Engineer's jobassignment will be subject to a pre job conference. Onprojects under $25,000,000 any lead engineer shall berequired to work at the trade.

(e) Where a job is of sufficient size to require eventuallyseven (7) or more Employees, excluding Oilers andBack Dump Operators, covered hereunder, the LeadEngineer shall be the first operating engineer on the joband the last laid off provided he has the skill and abili-ty to perform any available work. At a pre job confer-ence, the parties shall discuss the duties of the leadengineer.

(f) Lead Engineer is to check all Subcontractors includingcrane hires or lessees to ensure that contributions arebeing paid into the various Benefit Funds. In theabsence of his Lead Engineer, the Steward shall per-form this function.

(g) When a Lead Engineer is employed on a job and the jobworks any overtime, the Lead Engineer is called inwhen three (3) Operating Engineers are working cov-ered by this Agreement, exclusive of pumping andemergency work.

The rate of pay for Lead Engineers shall be no lessthan fifty cents ($.50) per hour above the highestOperating Engineers' rate on the job (with the exceptionof Operating Engineers on Cranes 100 tons or more andTower Cranes)with a minimum rate as indicated inwage rates and classifications. All contributionsrequired to be made to the Benefit Funds by theEmployer shall be made on a weekly basis (unlessauthorized by the Trustees of the Funds to make month-ly contributions) on the day the Employees are paid bythe Employer, delivering to the Lead Engineer orSteward drafts made payable to the said Funds, in theamount required for each, for delivery to the Fund

Administrator, together with completed forms, fur-nished by the Funds, indication the names of allEmployees, number of hours worked, gross wages, etc.

9. On all machines, including pile drivers with booms of 100feet and over (including jib) two (2) Engineers shall beemployed at the regular rate of wages or one (1) Engineer andone (1) Apprentice Engineer shall be employed. Said Engineerto receive regular hourly rate plus:

$1.00 (one dollar) per hour on rigs with 100 foot Boom(including jib) up to 139 feet.

$2.00 (two dollars) per hour on rigs with 140 foot Boom(including jib) and over.

On all hoists where "Cat Head" or "Sheave Point" is 100feet or over above ground level, the following differential payshall apply:

$1.00 (one dollar) per hour on 100 feet up to 199 feet. $2.00 (two dollar) per hour on 200 feet and over.

10. WAGES: See Schedule- attached hereto and made parthereof, including wage increases effective July 1, 2017, and alljob classifications covered by this Agreement.

Wages shall be paid in currency weekly on the job wheremen are employed on or before quitting time of Friday after-noon. If discharged for any reason during the week, the menshall be paid at once, and are entitled to full wages until paid.

When employees are laid off, the employer may overnightthe check. Where proper arrangements cannot be made to payin currency, Employees may be paid by check, subject toapproval of the Union. Upon layoff the employer have theoption to overnight the employee's check. In addition, theemployer may direct deposit the employee's check to anaccount directed by the employee provided there is a mutual-ly agreed pay day established and the direct deposit is agreedto by the employee.

For both overnighting the layoff check or the option ofdirect deposit, the employer agrees to a $500 a day fine, perday, if the check is not received or the funds are not transferredwithin 24 hours of the layoff or the end of the mutually agreedpay day as applicable. Additionally, the parties agreed to anexpedited arbitration before the Honorable Dennis M.Cavanaugh (Ret'd), a permanent arbitrator, or Honorable JoelA. Pisano (Ret.) the alternate arbitrator, to settle any disputeregarding this process.

Any employee working under the terms and conditions ofthis Agreement is not entitled to paid sick leave establishedunder a state statute, county, city or local ordinance.

Where payment of the full Building Trades Wage Rate isdeemed to be contrary to the best interests of the Owner, theContractor and/or the Unions, it will not be a violation of thisAgreement for the parties to mutually agree to a reduced ratefor a special project.11. SAFETY: All provisions of the Engineers' License Law,Construction Safety Act of the State of New Jersey and theFederal Occupational Safety and Health Act shall apply toboth the Employer and the Employee. (Where working in NewYork Counties, applicable laws shall govern).

(a) Employees while on the job shall be protected fromeither falling material, acid fumes, or anything detri-mental to life or health. A first aid kit shall be providedand kept available for use at all times on the job.Employees while on the job shall be protected frominclement weather.

(b) Employees shall not be required to operate unsafe ordefective operating equipment.

ARTICLE V (continued)

8

(c) When required, the Employer shall supply all necessarysafety or personal protection equipment, which shallremain the property of the Employer.

The undersigned collectively agrees that safety is a majorcommitment on all job sites. The employer is committed tofully integrating health and safety in all work. The Employeraffirms that no priorities shall be higher than health and safetyand that its global health and safety policy requires the partic-ipation and involvement of everyone at all levels in the orga-nization; and its objective is "zero tolerance" of accidents.

The Union agrees that its members will adhere to employ-er safety policies, programs and the Project Health and SafetyPlan as applicable. The Union further agrees that its employ-ees will operate machinery in a safe, alert and attentive man-ner.

Labor and Management agree to OSHA 30-Hour Trainingas necessary and the union will work toward having all mem-bers trained by the end of this contract's duration.12. DAVIS-BACON ACT area practice provisions must becomplied with, including manning provisions (i.e.,Maintenance Apprentices must be employed on all machinesrequired by the Agreement).13. Business Agent or Representative of the Union shall haveaccess to the work at all times during working hours.The Employer recognizes the right of the Union to designateStewards. The Steward shall be given time to perform hisduties which include the following:

(a) Examination of dues books of all Employees to deter-mine their good standing.

(b) Reporting violations and/or grievances to the BusinessAgent.

(c) The Steward shall not be discriminated against forenforcing the terms of this Agreement or the right ofany Employee.

(d) The Employer shall make available to the Steward aweekly report of the number of hours worked by eachEmployee covered hereunder and the wages paid toeach of the men covered by this Agreement.

14. HOLIDAYS: Recognized paid Holidays are: New Year'sDay, Washington's Birthday observed, Memorial Day,Independence Day, Labor Day, Presidential Election Day,Veteran's Day (when all trades on a particular jobsite agree, theday after Thanksgiving may be substituted for Veteran's Day)Thanksgiving Day, Christmas Day, or days celebrated as such.Holidays falling on Saturday will be recognized as paid holi-days.

Saturday Holidays—When a Holiday falls on a Saturday,the Employer shall have the option to work Mondaythrough Friday and pay for the Saturday Holiday, or workMonday through Thursday and give Friday off with pay inlieu of the Saturday Holiday. Holidays falling on Sundaywill be celebrated on Monday.

To be eligible for Holiday pay, an Employee mustwork three (3) days of the preceding five (5) working daysbefore the Holiday or the working day before the Holidayand the working day after the Holiday, but in no event canan employee who is on the employer's payroll the workweek before and after the holiday receive Holiday Payunless he works the working day before and the workingday after the Holiday.

When an employee is working four (4) ten (10) hourshifts, and if the Holiday falls during the shift and is notworked, the employee will be paid ten (10) hours.

15. OVERTIME: Time and one-half (1 ½) shall apply tohours worked after eight (8) hours per day and all hoursworked on Saturday.

When working with other trades or local unions whoreceive a higher rate of overtime, the Local 825 Employee willalso receive the higher overtime rate.

On 100% Federally Funded Projects, awarded by a FederalAgency, excluding hazardous waste removal sites, the pay-ment of overtime will be required after ten (10) hours each dayand forty (40) hours each week, Monday through Saturdayinclusive. The Employer may work four (4) ten (10) hour days.

Time and one-half (1½) rate shall apply for all hours ofovertime worked on water crossings pertaining to all bi-statepipeline work, bi-state tunnel work and bi-state bridge con-struction, alteration or resurfacing work on bi-state projects.

Double time (2) shall be paid for all work performed onSundays and Holidays.

Where Saturdays, Sundays or Holidays (or days celebratedas such) are worked, the Employees covered by thisAgreement shall be paid on a unit basis of an eight (8) hourday at the specified overtime rate.16. WORK RULES:(a) When men report to work, it is understood that they are to

remain on the job until released for the day by theEmployer or his representative.

(b) It is understood that at no time will there be any work stop-page by men for so-called coffee time.

(c) If an Engineer, Apprentice Engineer, AssistantEngineer/Oiler, Field Engineers or Maintenance Engineersis employed and is found incompetent, his services may bedispensed with and he shall be paid for actual time worked.

(d) It is expressly agreed and understood that Engineers,Apprentice Engineers and Maintenance Engineers are notto report to work on any Saturday, Sunday or Holiday (ordays celebrated as such) without the Employer first notify-ing the Union through its officers of business representa-tives, and obtaining its consent.

(e) Moves may be made on all loaders, dozers, excavators,graders, rollers, milling machines, pavers, combinationhoes and other miscellaneous equipment. The Operatorwill receive the highest wage rate classification of themachine so operated for the day.

17. Engineers will not be allowed to stack scaffolds or floorswith brick or other materials in quantities beyond that requiredfor an eight (8) hour period, or in quantities that may lead tothe laying off of an Engineer.

Stacking work may start ten (10) minutes before the regu-lar starting time and end ten (10) minutes before the regularquitting time. All other times required by these limitationsshall be paid under the overtime basis applicable.18. Whenever it is mutually agreed that the nature of theEmployer's operation is such to require a Pre-Bid Conferencerelative to the method and manner in which the job is to beperformed, the Business Manager and the Employer shallagree to such conference and, in such instances, a Pre-BidConference shall be held at a time and place mutually agree-able to the parties before the commencement of the job.19. When an Employee or Employees covered hereunderrequire a vehicle for the performance of their duties theEmployee will assign a vehicle to such individual or individu-als or he shall compensate them adequately for the use of theirpersonal vehicle when used for the performance of theirduties.

ARTICLE V (continued)

9

20. Composite Crew: The Employer shall assign work on thebasis of traditional work jurisdiction lines. It is however, rec-ognized that on some jobs effective production will require theuse of composite crews. When such circumstances exist andthe other basic trade unions have mutually agreed, by mutualagreement the employer shall decide the work involved andthe makeup of crews on the basis of the amount of workinvolved for each union for the performance of such work, allemployees will perform the work they are assigned.21. MECHANIC: If a party to this Agreement hires aMechanic and requires that the Mechanic provide his owntruck, tools and welding machine, the rate for said truck, toolsand welding machine shall be the subject of a Pre-JobConference between the Business Manager and/or hisdesignee, and the Contractor and/or his designee.

ARTICLE VIBREAKDOWN ON TYPES OF CONSTRUCTION

A. HIGHWAY, ROAD, STREET AND SEWERCONSTRUCTION AND GRADING AND PAVINGWORK (OTHER THAN BI-STATE PROJECTS)Defined as all phases of work pertaining thereto, including

overpasses, underpasses, bridges, except pile driving, bridgealterations, sewer and water pipelines, or any other pipelinework, oilostatic high voltage underground cable lines andtransportation mainline pipelines, duct lines, street grading,drainage curb setting, sidewalks, grade separations, landimprovement, site clearing, grading and paving, resurfacingand repaving (except bi-state pipelines, water crossing,bridges and tunnels). It is understood and agreed that anyexcavation, embankment, grading, paving and drainagearound and adjacent to all bridge structures shall be includedin this category.

B. HEAVY CONSTRUCTION WORKHeavy Construction is defined as: construction and alter-

ation of Oil Refineries, Power Plants (including wind, solar orwave power), Chemical Plants, Sewage Disposal Plants,Filtering Plants, Incinerators, Atomic Energy Plants, MissileBases, all work performed under compressed air, airports,foundations, pile driving, piers, abutments, retaining walls,viaducts, water crossings pertaining to pipe line work, shafts,tunnels, subways, track elevations, elevated highways, resur-facing work on bi-state bridges and tunnels, reclamation pro-jects, sanitation projects, aqueducts, irrigation projects, waterpower development, hydroelectric development, transmissionlines, locks, dams, dikes, docks, levees, revetments, channels,channel cutoffs, intakes, dredging projects, jetties, breakwa-ters, harbors, off-shore terminals, power plants and otherinstallations, excavation and disposal of earth, garbage androck projects in connection with the above, and any otherbridges and drainage structures including the assembly, opera-tion and maintenance and repair of all equipment, vehicles andother facilities used in connection with and serving the afore-mentioned work and services.C. BUILDING CONSTRUCTION WORK

Building Building Construction is defined as constructionof building structures, including modifications thereof, oradditions or repair thereto, intended for use for shelter, protec-tion, comfort or convenience. Building construction shall

include the demolition of and excavation and foundations forbuilding construction.D. OILOSTATIC CABLES AND TRANSPORTATIONMAINLINE PIPE LINES (Including Testing)

Oilostatic high voltage underground cables and transporta-tion mainline pipe lines are defined as all phases of work per-taining to oilostatic high voltage underground cable lines andtransportation mainline pipe lines, the construction, installa-tions, treating, reconditioning, testing, taking-up, re-laying orrelocation of cross-country pipe lines, or any segments there-of transporting coal, gas, oil, water, or other transportablematerials, vapors or liquids including portions or such pipelines within private property boundaries, up to the first meter-ing station or connection, as well as gathering lines which con-nect directly from the wells to the mainline pipe lines andgathering lines to or from gasoline extraction and gas dehy-dration plants and water flood lines up to the first metering sta-tion or connection are likewise included.

The phrase, "first metering station or connection," meansthat point which divides mainline transmission lines or higherpressure lateral and branch lines from lower pressure distribu-tion systems. If a metering station or connection is located ona mainline transmission line, then the work covered by thisAgreement includes the construction of all pipe lines up to thepoint at which lower pressure distribution systems take offfrom higher pressure and lateral branch lines.E. SEWER CONSTRUCTION WORK

Sewer Construction is defined as construction, repair andalteration of storm sewers, sanitary sewers, combined stormsewers, sanitary sewers, telephone, gas, electric, fiber optics,(excluding drainage systems and telephone, gas, and electricand fiber optic lines that are part of overall road, street andhighway construction, or heavy construction or building work)and pump station. Outfalls are considered heavy constructionwork.F. ALL PROJECTS UNDER $30,000,000

In the employment of workmen covered by this Agreement,the following provisions shall govern:

1. The Employer shall have the exclusive right to deter-mine the manning requirements of all equipment and theassignment of Employees, consistent with provisions ofthis Agreement.

2. Any machine subject to a second operator or mainte-nance man shall be the subject of a pre bid conference.

3. An Employee may be required to operate more than one(1) piece of equipment during the same working day.Said Employee may be moved from one machine toanother, as directed by the Employer, without limitationas to the number of such moves on one job. TheEmployee shall be paid for the day at the rate of thehighest wage classification of the machines so operated,as herein specified.

4. Starting and stopping of compressors, pumps, genera-tors, etc., shall be performed by an Operating EngineerEmployee, so designated by the Employer.

5. The number of Field Operating Engineers to be hired forlayout work for each job shall be determined jointly withthe Employer and the Union. Where a laser beam is usedinstead of a batter board, no Field Engineers will berequired. The Laser will be set up by an OperatingEngineer working on the job.

ARTICLE V (continued)

10

G. PROJECT LABOR AGREEMENTNo Project Labor Agreement (PLA) may supersede this

Agreement or any of its provisions or articles without themutual consent of the parties. Further adding that a represen-tative of the Employer Association may participate in anyProject Labor Agreement (PLA) negotiations.

ARTICLE VIITANK ERECTORS, DOCK BUILDERS,

AND STEEL ERECTORS’ AGREEMENTS(Where working with Ironmakers, Boilermakers,

or Dockbuilders)It is mutually agreed that where work performed is covered

by Tank Erectors, Dock Builders and Steel ErectorsAgreements (where working with Ironworkers orBoilermakers), and Sewer Agreements, the rates and workingconditions of the Appropriate will govern and apply.(Schedules attached hereto for Classifications and Rates)

ARTICLE VIIIWORK AT HAZARDOUS WASTE SITES

1. All Toxic/Hazardous projects will be subject to any and allsafety regulations and insurance provisions that may berequired by the appropriate government agencies.

2. On hazardous waste removal work on any state or federallydesignated hazardous waste site, where the OperatingEngineer is in direct contact with hazardous material andwhen personal protective equipment is required for respira-tory, skin and eye protection, the Operating Engineer shallreceive the hourly wage plus an additional twenty percent(20%) of that wage for the entire shift. Fringe benefits willbe paid at the contractual hourly rate.

ARTICLE IXDRUG/ALCOHOL ABUSE POLICY AND PROGRAM

1. The Employer and the Union affirm that construction jobsites subject to this agreement must be alcohol and drugfree.

2. Alcoholism and drug dependency is recognized by medical,public health authorities, the Employers, and the Union as adisease. Excessive use of alcohol or other drugs by workersimpairs their ability to function, contributes to increasedabsenteeism and the violation of safety rules. This in turndisrupts work schedules with consequent dissatisfactionamong the majority of workers who are sincerely trying todo a conscientious job. This combination of factors is rec-ognized as having a potentially damaging effect on theAmerican construction industry and it endangers the jobsecurity of the worker and the safety and wellbeing ofeveryone on the jobsite.

3. The Employer and the Union further agree to the establish-ment of a Drug and Alcohol abuse policy and programwhich will provide for testing of current employees, pre-employment testing and random testing to deal cooperative-ly and constructively with the problem of substance abuseamong employees represented by the Union.

4. To this end the Employers and the Union have agreed toadopt a policy and program which involves the appropriate

means for identifying those persons with drug or alcoholproblems and the appropriate measures to be taken whenthese problems are identified. The adopted policy and pro-gram is a part of this Agreement.

ARTICLE XSAVINGS FUND

It is hereby agreed that as part of this Agreement, theEmployer agrees to pay to the Operating Engineers Local 825Savings Fund, a sum equal to two dollars ($2.00) per hour, forstraight time paid, for each Employee covered under thisAgreement.

On overtime worked at the time and one-half rate, theEmployer will contribute three dollars ($3.00) per hour foreach hour paid, and on overtime worked at the double timerate, the Employer will contribute four dollars ($4.00) per hourfor each hour paid for each Employee covered by thisAgreement.

When Employees work under the Shift Differential of tenpercent (10%), the Employer will contribute two dollars andtwenty cents ($2.20) per hour for each hour paid, and whenEmployees' work under the Shift Differential of fifteen percent(15%), the Employer will contribute two dollars and thirtycents ($2.30) per hour for each hour paid for each Employeecovered under this Agreement.

The Savings Fund shall be jointly administered by an equalnumber of Employer and Union Trustees in accordance withan Agreement and Declaration of Trust drawn and executed byvarious Contractor Associations and the Union, which saidAgreement and Declaration of Trust and rules and regulationsknown as the Savings Plan adopted by the Local 825 FringeBenefit Plan Trustees in accordance with an Agreement andDeclaration of Trust drawn and executed by variousContractor Associations and the Union, which said Agreementand Declaration of Trust and rules and regulations known asthe Savings Plan adopted by the Local 825 Fringe BenefitFund Trustees thereunder will be made a part hereof and willbe binding upon the Employers.

The Savings Fund shall be jointly administered by an equalnumber of Employer and Union Trustees in accordance withan Agreement and Declaration of Trust drawn and executed byvarious Contractor Associations and the Union, which saidAgreement and Declaration of Trust and rules and regulationsknown as the Savings Plan adopted by the Local 825 FringeBenefit Plan Trustees in accordance with an Agreement andDeclaration of Trust drawn and executed by variousContractor Associations and the Union, which said Agreementand Declaration of Trust and rules and regulations known asthe Savings Plan adopted by the Local 825 Fringe BenefitFund Trustees thereunder will be made a part hereof and willbe binding upon the Employers.

Appropriate payroll taxes on the Savings FundContributions are deductible at the source. The Savings' FundContribution should be added to the gross pay and all appro-priate payroll taxes, including withholding, Social Securityand State unemployment, deducted from the adjusted grosspay. After making the necessary payroll tax deductions, theSavings Fund Contribution should be forwarded with the otherBenefit Funds Contributions.

ARTICLE VI (continued)

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ARTICLE XILOCAL 825 APPRENTICESHIP TRAINING AND

RETRAINING FUNDIt is hereby agreed that as part of this Agreement, theEmployer agrees to pay to the Operating Engineers Local 825Apprentice Training and Retraining Fund, a sum equal to onedollar and twenty-five cents ($1.25) per hour, for straight timepaid, for each Employee covered by this Agreement.

On overtime worked at the time and one-half rate, theEmployer will contribute one dollar and eighty-eight cents($1.88) per hour for each hour paid, and on overtime workedat the double time rate, the Employer will contribute two dol-lars and fifty cents ($2.50) per hour for each hour paid for eachEmployee covered by this Agreement.

When Employees work under the Shift Differential of tenpercent (10%), the Employer will contribute one dollar andthirty-eight cents ($1.38) per hour for each hour paid, andwhen Employees work under the Shift Differential of fifteenpercent (15%), the Employer will contribute one dollar andforty-four cents ($1.44) per hour for each hour paid for eachEmployee covered by this Agreement.

The Apprentice Training and Retraining Fund shall bejointly administered by an equal number of Employer andUnion Trustees in accordance with an Agreement andDeclaration of Trust drawn and executed by variousContractor Associations and the Union, which said Agreementand Declaration of Trust and rules and regulations known asthe Apprentice Training and Retraining Plan adopted by theLocal 825 Fringe Benefit Plan Trustees thereunder will bemade a part hereof and will be binding upon the Employers.

ARTICLE XIIWELFARE FUND

It is hereby agreed that as part of this Agreement, theEmployer agrees to pay to the Operating Engineers Local 825Welfare Fund a sum equal to twelve dollars and seventy-fivecents ($12.75) per hour, for straight time paid, for eachEmployee covered by this Agreement.

On overtime worked at the time and one-half rate, theEmployer will contribute nineteen dollars and thirteen cents($19.13) per hour, for each hour paid and on overtime workedat the double time rate, the Employer will contribute twentyfive dollars and fifty cents ($25.50) per hour for each hourpaid for each Employee covered by this Agreement.

When Employees work under the Shift Differential of tenpercent (10%), the Employer will contribute fourteen dollarsand three cents ($14.03) per hour for each hour paid, and whenEmployees' work under the Shift Differential of fifteen percent(15%), the Employer will contribute fourteen dollars andsixty-six cents ($14.66) per hour for each hour paid for eachEmployee covered under this Agreement.

The Welfare Fund shall be jointly administered by an equalnumber of Employer and Union Trustees in accordance withan Agreement and Declaration of Trust drawn and executed byvarious Contractor Associations and the Union, which saidAgreement and Declaration of Trust and rules and regulationsknown as the Welfare Plan adopted by the Local 825 FringeBenefit Plan Trustees thereunder will be made a part hereofand will be binding upon the Employers.

ARTICLE XIIIPENSION FUND

It is hereby agreed that as part of this Agreement, theEmployer agrees to pay to the Operating Engineers Local 825Pension Fund a sum equal to six dollars and fifty cents ($6.50)per hour, for straight time paid, for each Employee covered bythis Agreement.

On overtime worked at the time and one-half rate, theEmployer will contribute nine dollars and seventy-five ($9.75)per hour, for each hour paid and on overtime worked at thedouble time rate, the Employer will contribute thirteen dollars($13.00) per hour for each hour paid for each Employee cov-ered by this Agreement.

When Employees work under the Shift Differential of tenpercent (10%), the Employer will contribute seven dollars andfifteen cents ($7.15) per hour for each hour paid, and whenEmployees' work under the Shift Differential of fifteen percent(15%), the Employer will contribute seven dollars and forty-eight cents ($7.48) per hour for each hour paid for eachEmployee covered under this Agreement.

The Pension Fund shall be jointly administered by an equalnumber of Employer and Union Trustees in accordance withan Agreement and Declaration of Trust drawn and executed byvarious Contractor Associations and the Union, which saidAgreement and Declaration of Trust and rules and regulationsknown as the Pension Plan adopted by the Local 825 FringeBenefit Plan Trustees thereunder will be made a part hereofand will be binding upon the Employers.

ARTICLE XIVSUPPLEMENTAL UNEMPLOYMENT BENEFIT FUND

(OUT OF WORK FUND)It is hereby agreed that as part of this Agreement, the

Employer agrees to pay to the Operating Engineers Local 825Supplemental Unemployment Benefit Fund, a sum equal toone dollar and fifty cents ($1.50) per hour, for straight timepaid for each Employee covered by this Agreement.

On overtime worked at the time and one-half rate, theEmployer will contribute two dollars and twenty-five cents($2.25) per hour for each hour paid, and on overtime workedat the double time rate, the Employer will contribute three dol-lars ($3.00) per hour for each hour paid for each Employeecovered under this Agreement.

When Employees work under the Shift Differential of tenpercent (10%), the Employer will contribute one dollar andsixty-five cents ($1.65) per hour for each hour paid, and whenEmployees work under the shift differential of fifteen percent(15%), the Employer will contribute one dollar and seventy-three cents ($1.73) per hour for each hour paid for eachEmployee covered by this Agreement.

The Supplemental Unemployment Benefit Fund shall bejointly administered by an equal number of Employer andUnion Trustees in accordance with an Agreement andDeclaration of Trust drawn and executed by variousContractor Associations and the Union, which said Agreementand Declaration of Trust and rules and regulations known asthe Supplemental Unemployment Benefit Plan adopted by theLocal 825 Fringe Benefit Plan Trustees thereunder will bemade part hereof and will be binding upon the Employers.

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ARTICLE XVANNUITY FUND

It is hereby agreed that as part of this Agreement, theEmployer agrees to pay to the Operating Engineers Local 825Annuity Fund a sum equal to five dollars and thirty cents($5.30) per hour, for straight time paid, for each Employeecovered by this Agreement.

On overtime worked at the time and one-half rate, theEmployer will contribute seven dollars and ninety-five cents($7.95) per hour, for each hour paid and on overtime workedat the double time rate, the Employer will contribute ten dol-lars and sixty cents ($10.60) per hour for each hour paid foreach Employee covered by this Agreement.

When Employees work under the Shift Differential of tenpercent (10%), the Employer will contribute five dollars andeighty-three cents ($5.83) per hour for each hour paid, andwhen Employees' work under the Shift Differential of fifteenpercent (15%), the Employer will contribute six dollars andten cents ($6.10) per hour for each hour paid for eachEmployee covered under this Agreement.

The Annuity Fund shall be jointly administered by an equalnumber of Employer and Union Trustees in accordance withan Agreement and Declaration of Trust drawn and executed byvarious Contractor Associations and the Union, which saidAgreement and Declaration of Trust and rules and regulationsknown as the Annuity Plan adopted by the Local 825 FringeBenefit Plan Trustees thereunder will be made a part hereofand will be binding upon the Employers.

ARTICLE XVICONSTRUCTION ADVANCEMENT PROGRAM (CAP)

It is mutually agreed and understood by the ACC of NJ andthe CCLE of NJ, that fifteen cents ($0.15) for each hour paidfor each employee covered by this Agreement shall be paid bythe Employer of such employees to the Administrator of theseveral employee benefit funds established herein, for the pur-pose of advancement, improvement and betterment of theindustry covered by this Agreement so as to improve condi-tions and increase opportunity for employment.

On overtime worked at the time and one-half rate, theEmployer will contribute twenty-three cents ($0.23) per hour,for each hour paid and on overtime worked at the double timerate, the Employer will contribute thirty cents ($0.30) per hourfor each hour paid for each Employee covered by thisAgreement.

When Employees work under the Shift Differential of tenpercent (10%), the Employer will contribute seventeen cents($0.17) per hour for each hour paid, and when Employees'work under the Shift Differential of fifteen percent (15%), theEmployer will contribute seventeen cents ($0.17) per hour foreach hour paid for each Employee covered under thisAgreement.

It is agreed and understood that the Program will not beused for any anti-union purposes, that the Trustees ofOperating Engineers Local 825 Funds shall receive minutes ofall Construction Advancement Program (CAP) meetings andthat the collection of contributions is conditioned at all timesupon approval of the Trustees of Operating Engineers Local825 Funds.

The said Trustees shall be permitted to attend ConstructionAdvancement Program meetings as non-voting observers. The col-lection of contributions is conditional upon these understandings.

ARTICLE XVIILABOR MANAGEMENT FUND

The employers and the union agree to form an ERISALabor Management Fund. This fund shall promote the union-ized construction industry on behalf of the union and theemployers in order to encourage employment of OperatingEngineers covered by this Agreement and to help insure ade-quate contributions to the various Funds, especially thePension Fund.

It is hereby agreed that as part of this Agreement, theEmployer agrees to pay to the Labor Management Fund a sumequal to one dollar and twenty-five cents ($1.25) per hour, forstraight time paid, for each Employee covered by thisAgreement.

TOTAL FRINGE CONTRIBUTIONSPension Fund ....................................................................$6.50Welfare Fund ..................................................................$12.75Savings Fund ....................................................................$2.00Supplemental Unemployment Fund ..............................$1.50Apprenticeship Training Fund .......................................$1.25Annuity Fund....................................................................$5.30CAP......................................................................................$.15Labor Management Fund ..............................................$.1.25TOTAL ............................................................................$30.70

The allocation to several Funds is subject to change on thedate where a negotiated increase is due, as the Union maydeem appropriate subject to the approval of the Local 825Fringe Benefit Plan Trustees.

ARTICLE XVIIIPENALTIES FOR FAILURE

TO MAKE CONTRIBUTIONS TO FUNDSThe failure of any Employer to pay required contributions

to the Welfare, Pension, Supplemental, UnemploymentBenefit, Apprenticeship Training and retraining, Annuity andSavings Funds, or to pay interest on such delinquencies, orlegal and auditing fees and costs assessed against such delin-quent Employer, as provided herein, shall constitute a viola-tion of this Agreement and the Union shall be authorized toremove the Employees from the job, in which case they shallreport for the work daily and shall be paid a day's pay of eight(8) hours until the Employer settles his delinquent payments ofcontributions, interest, legal and auditing fees with the FundAdministrator. If any Employer has a record of delinquency ona prior job, the Union shall refuse to permit Employees towork for such Employer, until all such delinquencies havebeen paid to the respective Funds, including interest and legaland auditing fees.

If the Trustees or the Fund Administrator of any said Fundsis required to utilize legal services to collect Employer delin-quencies or auditing services to ascertain the correct amountdue from the Employer, the delinquent Employer shall berequired to pay, in addition to 2% over the Prime Interest Rate,interest from date of delinquency, the reasonable cost of theauditing services and, in addition thereof, legal fees at the fol-lowing rates: 15% on the first $750,00; 10% of any amount inexcess of $750.00; minimum collector fee of $15.00; and 50%on any amount less than $100.00, due and payable on default.

All contributions required to be made to any of the afore-

13

ARTICLE XVIII (continued)

mentioned Funds by the Employer shall be made on a weeklybasis on the day the Employees are paid by the Employerdelivering to the Shop Steward drafts made payable to eachsaid Fund, indicating the names of all Employees, number ofhours worked or paid and amount of hourly wages as required,together with amount of contribution for each Employee toeach said Fund. Such periodic reporting forms must be filed bythe Employer with the Fund(s) regardless of whether any con-tributions are due and owing the Fund(s) in the reporting peri-od unless the Trustees upon the application of the Employerexcuse him from so reporting. In the event that the contribu-tions are due and owing in the reporting period, the Employershall so state on the form the reasons therefore. With regard tothe Savings Fund, the Employer shall furnish to eachEmployee on payday a statement of the amount of money con-tributed on behalf of such Employee to the said Fund. TheFunds Trustees will have the right to conduct periodic payrollaudits of companies' signatory to this Agreement.

The Trustees of any Fund or an alleged delinquentEmployer may request arbitration of any alleged delinquenciesor breach of agreement regarding the Funds Contributions andarbitration may be heard within thirty (30) days after suchrequest. The Trustees may join an individual Engineer as aparty to any such arbitration proceeding agreement regardingFund Contributions in which such Engineer may be involved.Each Engineer subject to this Agreement does hereby, throughhi duly authorized representative, consent to such joinder andto the issuance of an award binding upon him in connectiontherewith. The arbitration shall be heard at the OperatingEngineers Local 825 Funds Office, or as designated in thedemand at the option of the Fund and the procedures followedshall be in accordance with the rules of the New JerseyMediation Service.

The Trustees in their discretion may permit an Employer tomake monthly instead of weekly contributions where the con-tribution record of the Employer justifies such action.

All Employers covered by this Agreement must file withthe Trustees of the Fringe Benefit Plan, a Surety CompanyBond is an amount no less than $25,000.00 in order to ensurepayment by them to the various Fringe Benefit Plans. TheTrustees shall determine the amount of such Surety Bond. TheTrustees shall also have the power to fix a lesser Bond for anyEmployer who pays weekly where the contribution record ofsuch Employer justifies such action. However, effectiveJanuary 1, 1982, any Employer may have as an alternativeoption the opportunity to purchase combination stamps fromthe 825 Fund Facility and in lieu of posting a Surety Bond willcontribute directly to the Employee these stamps as a mediumof payment to the various contributory Funds in the amountdetermined by hours paid. The payment of stamps to eachEmployee will be made on a weekly basis on the Employer'snormal payday. (Article XI hereof).

No officers, agents, representative or Employees of anyUnion or any Employer shall be deemed an agent or represen-tative of the Board(s) of Trustees or be deemed as authorizedto make any oral or written representations, or give any formof commitment which may be relied upon by any Employee,his or her spouse, beneficiary or dependent. It is further agreedand understood that no single Trustee or Employee(s) of anyFund has authority to give any such representations or com-mitments since such representations or commitments can onlybe made by the Board of Trustees acting as Boards of Trustees.

ARTICLE XIXBREACH OF AGREEMENT—UNION REMEDIESThe Union pursuant to Section 301 of the Taft Hartley Act,

as amended, shall have the right to bring suit for a violation ofthis contract in any district court of the United States havingjurisdiction of the parties without regard to the amount in con-troversy or the citizenship of the parties. This right is subjectand subordinate to any provision of this Agreement thatrequires final and binding arbitration of all disputes arrivingthereunder.

The Union may waive its right to sue or to submit a con-troversy to final and binding arbitration, if there is an arbitra-tion clause in the Agreement, and in lieu thereof enter into acompromise, adjustment, settlement or release of its claim, asauthorized under Section 302 (c) 2 of the Taft Harley Act asamended. Where such compromise, adjustment, settlement orrelease arises from a claim by the Union of improper manningor lack of manning under this Agreement, the Union has theoption to accept as its liquidated damages an offer of theEmployer of a sum equal to the amount of wages that shouldhave been paid under the Collective Bargaining Agreement.

ARTICLE XXUNION CHECK-OFF

The Employer will withhold from the wages of eachEmployee covered by this Agreement, who signs and fileswith the Employer, a written authorization as provided by law,three percent (3%) of the Employees Gross weekly wages andwill remit said amount weekly to Local Union 825 in paymentof working assessment. Said remittance will be made on formsprovided by Local Union 825.

ARTICLE XXIPOLITICAL ACTION CHECK-OFF

When authorized by a voluntary check-off Agreement,signed by an Employee, the Employer shall deduct from suchEmployee's wages the sum of one half (1/2) of 1% for eachhour paid in gross weekly wage and forward the same to Local825 Political Action Committee, on the forms that will fur-nished for such report.

ARTICLE XXIIUNEMPLOYMENT INSURANCE—

LIABILITY INSURANCEThe Employer shall, at all times, carry Unemployment

Insurance as required by the Laws of that State and in theevent that his working force is below the minimum number ofEmployees required by the State for an Employer to carryCompulsory Unemployment Insurance, the said Employershall, as a condition of this Agreement, voluntarily obtainappropriate coverage.

The Employer further agrees to carry Workmen'sCompensation Insurance for the protection of the Employees;and such other liability, which may be incurred while per-forming duties in connection with this employment.

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ARTICLE XXIIICLASSIFICATION AND RATES OF WAGES

It is agreed that the rates of wages for all Employees cov-ered by this Agreement are listed in the following scheduleswhich are made part hereof and which consist of rates for: (1)Highway, Road, Street and Sewer Construction, (2) HeavyConstruction Work, (3) Building Construction Work, (4)Oilstatic Cables and Transportation Mainline Pipe Lines, (5)Steel Erectors.

It is further agreed that these schedules and manningrequirements may be amended through re-negotiation for thepurpose of including rates and classifications for any newequipment which is introduces into the operation covered bythis Agreement. Such negotiations shall be effective at thetime of the introduction and use of this equipment and anyrates agreed upon shall be retroactive to the date of its intro-duction.

ARTICLE XXIVGRIEVANCES AND ARBITRATION

In the interest of uninterrupted progress on any and allwork covered by this Agreement, the parties hereby agree thatthere shall be no lockout on the part of the Employer and thereshall be no strikes, work stoppages, picketing, sympathystrikes or slowdowns of any kind, including any threats there-of, engaged in by the Union or by individual members thereofwith its knowledge and consent.

All questions or grievances involving the interpretationand application of this Agreement other than jurisdictional dis-putes which may arise between the parties hereto, shall be han-dled under the following procedures:

Step No. 1. Between the Employer Representative and theBusiness Representative at the job site as soon as practicablebut in no event later than three (3) working days after theoccurrence of the dispute. Failure to raise any dispute withinthree (3) working days after its occurrence renders the disputenull and void.

Step No. 2. If not resolved, pursuant to Step No. 1, thenbetween the President and Business Manager of the LocalUnion or his designee and the Labor Relations Representativeof the Employer. This meeting should be arranged as soon aspracticable but in no event later than three (3) working daysafter the conclusion of Step No. 1.

Step No. 3. If the matter is not resolved after such meeting,either party may submit the matter to final and binding arbi-tration under Step 3 within ten (10) working days thereafterexcept as otherwise provided where it is alleged that time is ofthe essence. An impartial Arbitrator shall be selected from apanel of arbitrators submitted by and in accordance with therules and regulations of the New Jersey State Board ofMediation. The decision of the Arbitrator shall be bindingupon all parties. The Arbitrator shall have no authority tochange, amend, add to, or detract from any of the provisionsof this Agreement. The expense of the Arbitrator shall beborne by the Employer and the Union.

TIME IS OF THE ESSENCE:Where either party alleges that time is of the essence, the

Union or the Employer may invoke the following expeditedarbitration procedure: This procedure shall be asserted bynotice in writing by Registered Mail, Return ReceiptRequested or Telegram, report delivery, given to the other

party. A copy of such notice shall be sent simultaneously to theperson designated as the arbitrator as hereinafter set forth. Thearbitrator shall hold an arbitration hearing as expeditiously aspossible, but in no event later than forty-eight hours (48) afterreceipt of said notice.

The Arbitrator shall notify the parties by telegram of theplace and time he has chosen for this hearing. Said hearingshall be completed in one session, with appropriate recesses atthe Arbitrator's discretion. A failure of any party or parties toattend said hearing shall not delay the hearing of evidence orissuance of an award by the Arbitrator.

The award shall be issued in writing within three (3) hoursafter the close of the hearing, and may be issued without anOpinion. If any party desires an Opinion, one shall be issuedwithin fifteen (15) days, but its issuance shall not delay com-pliance with, or enforcement of, the award. The Arbitrator mayorder cessation of the violation alleged and other appropriaterelief, and such award shall be served on all parties by hand orregistered mail upon issuance.

Such award may be enforced by any court of competentjurisdiction upon filing of this Agreement and all other rele-vant documents referred to hereinabove in the following man-ner: telegraphic notice of the filing of such enforcement pro-ceedings may be ex parte. Such agreement does not waive anyparty's right to participate in a hearing for final order ofenforcement. The court's order or orders enforcing theArbitrator's award shall be served on all parties by hand or bydelivery to their last known address or by registered mail.

Any rights created by statute or law governing arbitrationproceedings inconsistent with the above procedure or whichinterfere with compliance thereof are hereby waived by theparties to whom they accrue.

Immediately upon signing of this Agreement, the partiesshall request a list of arbitrators from the New Jersey StateBoard of Mediation in order to select a permanent arbitratorand alternate for the purpose of this Article. The permanentarbitrator and alternate appointed parties for the purpose ofthis expedited arbitration procedure are:__________________________________________________________________________________________________and said arbitration proceedings pursuant hereto shall be heldat the Offices of the New Jersey State Board of Mediation orsuch other place as designated by the arbitrator. In the event ofa death, disability or unavailability of the arbitrators designat-ed herein, within the time limits prescribed by this provision,the parties must select another arbitrator within four (4) hoursand failing in such mutual designation, the New Jersey StateBoard of Mediation may be requested by either party to desig-nate an arbitrator, which designation must be made within four(4) hours of the request. All costs for the services of the arbi-trator designated herein or for any other person selected pur-suant to the aforementioned procedures and all of the costs ofthe arbitration shall be borne by the parties jointly.

15

ARTICLE XXVCOMPETITION COMMITTEE

The Union and the ACC/NJ and CCLE contractors shallcreate a competition committee. The committee shall haveequal representation from the Union and the Employers with aminimum of three individuals from each side. Each side mayhave alternates. The purpose of the committee is to monitorunfair competition in the industry.

Competition Committee shall meet quarterly and uponunanimous agreement shall have the authority to change theCollective Bargaining Agreement during this term. Thisauthority exists only after all similarly situated trades, i.e. car-penter, dockbuilders, ironworkers and heavy constructionlaborers, adopt similar language.

ARTICLE XXVISAVINGS AND SEPARABILITY

A. In the event that any provisions of the body of thisAgreement or in the wage schedules are in conflict with aprovision of any applicable law, it is understood andagreed that such provision of this Agreement shall not beoperative as long as such conflict exists, but shall becomeoperative immediately upon said provision(s) of law beingrepealed or determined to be unconstitutional or inapplica-ble.

B. If for the reasons above stated any provision hereof shallbecome inoperative; this Agreement shall be reopened tonegotiate only those portions thereof which are in conflictwith the law and the remainder of this Agreement and shallcontinue in full force and effect.

ARTICLE XXVIITERMINATION AND EFFECTUATING CLAUSE

In the event this Agreement expires by its terms priorto the execution of a new Agreement, the Employer agrees thatit shall pay said payments set forth herein to the Pension,Welfare, Apprenticeship Training and Retraining, Annuity,Supplemental Unemployment Benefit and Savings Funds untilthe execution of a new Agreement.

It is understood and agreed, however, that should the sub-sequent Agreement provide for contributions to the variousFunds in an amount or amounts greater than those set forth inthis Agreement, the Employer will pay the difference retroac-tively.

It is further agreed that no other terms and conditions with-in this Agreement shall extend beyond its expiration date with-out the written consent of all parties.

This Agreement is effective April 1, 2017 and it to termi-nate March 31, 2020 and shall continue in force and effectautomatically from year to year thereafter unless either partyserves notice of termination sixty (60) days prior to the expi-ration date of any yearly extension thereof.

IN WITNESS THEREOF, the parties make and enter intothis Agreement and we, their duly authorized and empoweredrepresentatives have hereunto set our hands and seals this______________Day of______________________20_____

16

A.C.C./C.C.L.E. OF NEW JERSEYThe following Equipment Classification Schedule has been

negotiated and is the Jurisdiction of the Operating Engineers. On hazardous waste removal or Asbestos removal work, or

any state or federally designated hazardous site waste site,where the Operating Engineer is in direct contact with haz-ardous material and when personal protective equipment isrequired for respiratory, skin and eye protection, the OperatingEngineer shall receive the hourly wage plus an additionaltwenty percent (20%) of that wage for the entire shift. Fringebenefits will be paid at the contractual hourly wage.

In the event that the equipment hereunder or any otherequipment which traditionally has been the work of theOperating Engineers, is operated by remote or robotic control,the operation of said equipment shall remain the work ofOperating Engineers and the classification covering the oper-ation will be the same as if manually operated.

The job Classifications listed below includes the HourlyRate and the Weekly Rate and are effective July 1, 2017.

CLASS "A"HOURLY RATE $57.07

(40 HOUR) WEEKLY RATE $2,282.80CRANES, DERRICKS, PILE DRIVER (all types), over 100

tons and TOWER CRANES, with a boom (including jiband/or leads) 140 ft. and over.

CLASS "A"HOURLY RATE $56.07

(40 HOUR) WEEKLY RATE $2,242.80CRANES, DERRICKS, PILE DRIVER (all types), over 100

tons and TOWER CRANE with a boom (including jiband/or leads) from 100 ft. to 139 ft.

CLASS "A"HOURLY RATE $55.07

(40 HOUR) WEEKLY RATE $2,202.80CRANES, DERRICKS, PILE DRIVER (all types), over 100

tons and TOWER CRANE, with a boom (including jiband/or leads) under 100 ft.

CLASS "A"HOURLY RATE $52.57

(40 HOUR) WEEKLY RATE $2,102.80CRANES, DERRICKS, PILE DRIVERS (all types), under

100 tons with a. boom (including jib and/or leads) 140 ft.and over

CLASS "A"HOURLY RATE $52.39

(40 HOUR) WEEKLY RATE $2,095.60HELICOPTERS-PilotHELICOPTERS-Engineer

CLASS "A"HOURLY RATE $51.57

(40 HOUR) WEEKLY RATE $2,062.80CRANES, DERRICKS, PILE DRIVERS (all types), under

100 tons with a boom (including jib and/or leads) from 100ft. to 139 ft.

CLASS "A"HOURLY RATE $50.57

(40 HOUR) WEEKLY RATE $2,022.80AUTOGRADE-COMBINATION SUBGRADER, BASE

MTL.SPREADER AND BASE TRIMMER (CMI and Similar

Types)AUTOGRADE-PAVEMENT PROFILER (CMI and Similar

Types)AUTOGRADE-PAVEMENT PROFILER AND RECYCLE

TYPE (CMI and Similar Type)AUTOGRADE PLACER-TRIMMER SPREADER-COMBI-

NATION (CMI and Similar Types)AUTOGRADE-SLIPFORM PAVER (CMI and Similar Types)CENTRAL POWER PLANTS (All Types)CHIEF OF PARTYCONCRETE PAVING MACHINESCRANES, DERRICKS, PILE DRIVERS (all types), under

100 tons with a boom (including jib and/or leads) under100 ft.

DRILL (Bauer, AMI and Similar Types)DRILLMASTER, QUARRYMASTER (Down the Hole Drill)

Rotary Drill, Self-Propelled Hydraulic Drill, Self-PoweredDrill

DRAGLINESELEVATOR GRADERSEXCAVATORFRONT END LOADERS (5 yds. And over)GRADALLSGRADER, RagoHELICOPTERS, Co-PilotHELICOPTERS, Communications EngineerJUNTANN PILE DRIVERLOCOMOTIVE (Large)MUCKING MACHINESPAVEMENT AND CONCRETE BREAKER, i.e.,

Superhammer and Hoe RamPRENTICE TRUCKROADWAY SURFACE GRINDERSCOOPER (Loader and Shovel)SHOVELSTREE CHOPPER with BoomTRENCH MACHINES (Cable Plow)TUNNEL BORING MACHINESVACUUM TRUCK

CLASS "B"HOURLY RATE $48.98

(40 HOUR) WEEKLY RATE $1,959.20"A" FRAMEBACKHOE (Combination)BOOM ATTACHMENT ON LOADERS (Rates based on size

of bucket) Not applicable to Pipehook.BORING AND DRILLING MACHINESBRUSH CHOPPER, SHREDDER AND TREE SHREDDER,

TREE SHEARERBULLDOZER (fine grade)CABLEWAYSCARRYALLSCONCRETE PUMPCONCRETE PUMPING SYSTEM, PUMP- CONCRETE

AND SIMILAR TYPESCONVEYORS, 125 ft. and over

17

DRILL DOCTOR (duties include Dust CollectorMaintenance)

FRONT END LOADERS (2 yds. but less than 5 yds.)GRADERS (Finish)GROOVE CUTTING MACHINE (Ride on Type)HEATER PLANERHOISTS (All type Hoists, shall also include Steam, Gas,

Diesel, Electric, Air Hydraulic, Single and Double Drum,Concrete, Brick Shaft Caisson, Snorkel Roof, and/or anyother similar Type Hoisting Machines, portable or station-ary, except Chicago Boom type.)

"OUTSIDE MATERIAL TOWER HOIST" receives $1.00 perhour on 100 foot boom up to 199 foot total height, $2.00per hour on 200 foot boom and over total height.

HYDRAULIC CRANES- 10 Tons and UnderHYDRAULIC DREDGEHYDRO-AXEHYDRO-BLASTERJACKS, Screw Air Hydraulic Power Operated Unit or Console

Type (not Hand Jack or Pile Load Test type)LOG SKIDDERPANSPAVERS (all) ConcretePLATE and FRAME FILTER PRESSPUMPCRETE MACHINES, SQUEEZECRETE AND CON-

CRETE PUMPING (regardless of size)SCRAPERSSIDE BOOMS"STRADDLE" CARRIER, Ross and similar typesWINCH TRUCKS (Hoisting)

CLASS "C"HOURLY RATE $47.07

(40 HOUR) WEEKLY RATE $1,882.80ASPHALT CURBING MACHINEASPHALT PLANT ENGINEERASPHALT SPREADERAUTOGRADE TUBE FINISHER AND TEXTURIZING

MACHINE (CMI and Similar types)AUTOGRADE CURECRETE MACHINE (CMI and Similar

types)AUTOGRADE CURB TRIMMER, AND SIDEWALK,

SHOULDER, SLIPFORM (CMI and Similar types)BAR BENDING MACHINES (POWER)BATCHERS, BATCHING PLANT AND CRUSHER ON

SITEBELT CONVEYOR SYSTEMSBOOM TYPE SKIMMER MACHINESBRIDGE DECK FINISHERBULLDOZERS (except fine grade)CAR DUMPERS (Railroad)COMPRESSOR AND BLOWER TYPE UNITS (Used inde-

pendently or mounted on Dual Purpose Trucks, on Job Siteor in conjunction with Job Site, in Loading and unloadingof Concrete, Cement, Fly Ash, Instantcrete, or SimilarType Materials)

*COMPRESSOR (2 or 3 in Battery)***CONCRETE CLEANING DECONTAMINATION

MACHINE OPERATORCONCRETE SAWS AND CUTTERS-Ride on TypeCONCRETE SPREADERS, HETZEL, REXOMATIC and

similar typesCONCRETE VIBRATORSCONVEYORS, Under 125 ft.

CRANE SIGNALMANCRUSHING MACHINEDIRECTIONAL BORING MACHINEDITCHING MACHINE, Small (Ditchwitch, Vermeer or

Similar Type)DOPE POTS (Mechanical with or without pump)DUMPSTERSELEVATORFIREMANFORK LIFTS (Economobile, Lull and similar typed of equip-

ment)FRONT END LOADERS (1 yd. and over but less than 2 yds.)*GENERATORS (2 or 3 in Battery)GIRAFFE GRINDERSGOLDHOFER/HYDRAULIC JACKING TRAILERGRADERS AND MOTOR PATROLSGROUT PUMPGUNNITE MACHINES (Excluding Nozzle)HAMMER VIBRATORY (In conjunction with Generator)***HEAVY EQUIPMENT ROBOTICS, OPERATOR TECH-

NICIANHOISTS-(Roof, Tugger, Aerial Platform Hoist and House

Cars)HOPPERSHOPPER DOORS (Power Operated)**HYDRO-BLASTER LADDERS (Motorized)LADDERVATORLOCOMOTIVE, Dinky Type MAINTENANCE, Utility Man***MASTER ENVIRONMENTAL MAINTENANCE

TECHNICIANMECHANICSMIXERS (Excepting Paving Mixers)MOTOR PATROLS AND GRADERSPAVEMENT BREAKERS, Small, Self Propelled Ride on

Type (also maintains Compressor or Hydraulic Unit)PAVEMENT BREAKER, Truck MountedPIPE BENDING MACHINE (Power)PITCH PUMPPLASTER PUMP (Regardless of size)POST HOLE DIGGER (Post Pounder and Auger)ROD BENDING MACHINESROLLER, Black TopSCALES (Power)SEAMAN PULVERIZING MIXERSHOULDER WIDENERSILOSSKIMMER MACHINES (Boom Type)STEEL CUTTING MACHINES, Services and MaintainsTAM ROCK DRILLTRACTORSTRANSFER MACHINECAPTAIN (Power Boats)TUG MASTER (Power Boats)***ULTRA HIGH PRESSURE WATERJET CUTTING

TOOL SYSTEM OPERATOR/MAINTENANCE TECH-NICIAN

***VACUUM BLASTING MACHINE OPERATOR/MAIN-TENANCE TECHNICIAN

VIBRATING PLANTS (used in conjunction with Unloading)WELDER AND REPAIR MECHANICS*Within 100 ft.**Where required***When used for decontamination and remediation

18

CLASS "D"HOURLY RATE $45.44

(40 HOUR) WEEKLY RATE $1,817.60BROOMS AND SWEEPERSCHIPPERSCOMPRESSOR (Single)CONCRETE SPREADERS (Small Type)CONVEYOR LOADERS (Not including Elevator Graders)ENGINES, Large Diesel (1620 H.P.) and Staging PumpFARM TRACTORSFERTILIZING EQUIPMENT (Operation an d Maintenance

of)FINE GRADE MACHINE (Small Type)FORM LINE GRADERS (Small Type)FRONT END LOADER (Under 1 yd.)GENERATOR (Single)GREASE, GAS, FUEL and OIL SUPPLY TRUCKSHEATERS (Nelson or other type including Propane, Natural

Gas or Flowtype Units)LIGHTS, Portable Generating Light PlantsMIXERS, Concrete SmallMULCHING EQUIPMENT (Operation and Maintenance of)PUMPS (2 or less than 4 inch suction)PUMPS (4 inch suction and over including Submersible

Pumps)PUMPS (Diesel Engine and Hydraulic) immaterial of PowerROAD FINISHING MACHINES (Small Type)ROLLERS, Grade, Fill or Stone BaseSEEDING EQUIPMENT (Operation and Maintenance of)SPRINKLER and WATER PUMP TRUCKS (Used on Job Site

or in conjunction with Job Site)STEAM JENNIES and BOILERS, irrespective of useSTONE SPREADERTAMPING MACHINES, Vibrating Ride onTEMPORARY HEATING PLANT (Nelson or other type,

including Propane, Natural Gas or Flow Type Units)WATER AND SPRINKLER TRUCKS (Used on Job Site or in

conjunction with Job Site)*WELDING MACHINES (Gas, Diesel, and/or Electric

Converters of any type, Single; 2 or 3 in Battery)WELDING SYSTEM, Multiple (Rectifier Transformer Type)WELLPOINT SYSTEMS (Including Installation by Bull

Gang and Maintenance of)*Within 100 feet

CLASS "E"HOURLY RATE $43.73

(40 HOUR) WEEKLY RATE $1,749.20ASSISTANT ENGINEER/OILER*DRILLERS HELPERMAINTENANCE APPRENTICE (Deck Hand)MAINTENANCE APPRENTICE (Oiler)MECHANICS HELPEROFF ROAD BACK DUMPTIRE REPAIR AND MAINTENANCETRANSIT/INSTRUMENT MAN*When used for water/geothermal/monitoring wells

HOURLY RATE $41.15(40 HOUR) WEEKLY RATE $1,646.00

ROD/CHAINMAN

HOURLY RATE $51.31(40 HOUR) WEEKLY RATE $2,052.40

LEAD ENGINEER, FOREMAN ENGINEER, SAFETYENGINEER (Minimum)

*Effective 1/1/2018 through 6/30/2018, there will be a $1.00per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 7/1/2018 through 12/31/2018, there will be a $1.35per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 1/1/2019 through 6/30/2019, there will be a $1.00per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 7/1/2019 through 06/30/2020, there will be a $2.35per hour increase for all classifications to be distributed atthe discretion of the Union.

19

STEEL ERECTION(With Ironworkers or Boilermakers)

The Following Equipment Classification Schedule hasbeen negotiated and is the Jurisdiction of the OperatingEngineers.

On hazardous waste removal or Asbestos removal work, orany state or federally designated hazardous waste site, wherethe Operating Engineer is in direct contact with hazardousmaterial and when personal protective equipment is requiredfor respiratory, skin, and eye protection, the OperatingEngineer shall receive the hourly wage plus an additionaltwenty percent (20%) of that wage for the entire shift. Fringebenefits will be paid at the contractual hourly wage.

In the event that the equipment hereunder or any otherequipment which traditionally has been the work of theOperating Engineers, is operated by remote or robotic control,the operation of said equipment shall remain the work ofOperating Engineers and the classification covering the oper-ation will be the same as if manually operated.

The Job Classifications listed below include the HourlyRate and the Weekly Rate and are effective July 1, 2017.

CLASS "A"HOURLY RATE $59.09

(40 HOUR) WEEKLY RATE $2,363.60CRANES-(all cranes, land or floating with booms including

jib, 140 ft. and over, above ground), DERRICKS-(all der-ricks, land, floating or Chicago Boom type with boomsincluding jib, 140 ft. and over, above ground), and PILEDRIVERS (all types)over 100 tons and TOWER CRANES

CLASS "A"HOURLY RATE $57.43

(40 HOUR) WEEKLY RATE $2,297.20CRANES-(all cranes, land or floating with booms including

jib, less than 140 ft. above ground),DERRICKS-(all derricks, land, floating or Chicago Boom

type with booms including jib, less than 140 ft. aboveground), PILE DRIVERS (all types), over 100 tons andTOWER CRANE

CLASS "A"HOURLY RATE $54.59

(40 HOUR) WEEKLY RATE $2,183.60CRANES-(all cranes, land or floating with booms including

jib, 140 ft. and over, above ground), DERRICKS-(all der-ricks, land, floating or Chicago Boom type with boomsincluding jib, 140 ft. and over, above ground), PILE DRI-VERS (all types), under 100 tons

CLASS "A"HOURLY RATE $54.59

(40 HOUR) WEEKLY RATE $2,183.60HELICOPTER-PilotHELICOPTER-Engineer

CLASS "A"HOURLY RATE $52.93

(40 HOUR) WEEKLY RATE $2,117.20CRANES-(all cranes, land or floating with booms including

jib, less than 140 ft. above ground),

DERRICKS-(all derricks, land, floating or Chicago Boomtype with booms including jib, less than 140 ft. aboveground), PILE DRIVERS (all types), under 100 tons

CLASS "A"HOURLY RATE $50.90

(40 HOUR) WEEKLY RATE $2,036.00CHIEF OF PARTYVACUUM TRUCK

CLASS "A"HOURLY RATE $54.20

(40 HOUR) WEEKLY RATE $2,168.00HELICOPTER- Co-PilotHELICOPTER- Communications Engineer

CLASS "B"HOURLY RATE $50.14

(40 HOUR) WEEKLY RATE $2,005.60"A" FRAMECHERRY PICKERS, 10 tons and underHOISTS: all type hoists shall also include steam, gas, diesel,

electric, air hydraulic, single and double drum, concrete,brick shaft caisson, or any other similar type hoistingmachines, portable or stationary, except Chicago BoomType

JACKS- screw air hydraulic power operated unit or consoletype (not hand jack or pile load test type)

SIDE BOOMSSTRADDLE CARRIER

CLASS "C"HOURLY RATE $47.48

(40 HOUR) WEEKLY RATE $1,899.20AERIAL PLATFORM USED AS HOISTCOMPRESSORS, 2or 3 in Battery*CONCRETE CLEANING/DECONTAMINATION

MACHINE OPERATORELEVATORS or HOUSE CARSCONVEYORS and TUGGER HOISTSDIRECTIONAL BORING MACHINEFIREMANFORKLIFTGENERATORS 2 or 3*HEAVY EQUIPMENT ROBOTICS, OPERATOR/TECHNI-

CIANMAINTENANCE-Utility man*MASTER ENVIRONMENTAL MAINTENANCE TECH-

NICIANWELDING MACHINES- (gas or electric, 2 or 3 in Battery,

including diesels)CAPTAIN-Power BoatsTUG MASTER-Power Boats*ULTRA HIGH PRESSURE WATERJET CUTTING TOOL

SYSTEM OPERATOR/MAINTENANCE TECHNICIAN*VACUUM BLASTING MACHINE OPERATOR/MAINTE-

NANCE TECHNICIANAPPRENTICE ENGINEER/OILER with either One

Compressor or One Welding Machine*When used for decontamination and remediation

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CLASS "D"HOURLY RATE $45.95

(40 HOUR) WEEKLY RATE $1,838.00COMPRESSOR, SingleWELDING MACHINE, Single, gas, diesel and electric con-

verters of any typeWELDING SYSTEM MULTIPLE (Rectifier Transformer

type)GENERATOR, Single

CLASS "E"HOURLY RATE $44.19

(40 HOUR) WEEKLY RATE $1,767.60ASSISTANT ENGINEER/OILER*DRILLERS HELPEROFF ROAD BACK DUMPTRANSIT/INSTRUMENT MANMAINTENANCE APPRENTICE/DECKHAND*When used for water/Geothermal/Monitoring WellsMAINTENANCE APPRENTICE/OILER

HOURLY RATE $51.76(40 HOUR) WEEKLY RATE $2,070.40

LEAD ENGINEER, FOREMAN ENGINEER, SAFETYENGINEER (minimum)

HOURLY RATE $41.15(40 HOUR) WEEKLY RATE $1,646.00

ROD/CHAINMAN

*Effective 1/1/2018 through 6/30/2018, there will be a $1.00per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 7/1/2018 through 12/31/2018, there will be a $1.35per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 1/1/2019 through 6/30/2019, there will be a $1.00per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 7/1/2019 through 06/30/2020, there will be a $2.35per hour increase for all classifications to be distributed atthe discretion of the Union.

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OILSTATIC MAINLINES &TRANSPORTATION PIPE LINES

The Following Equipment Classification Schedule hasbeen negotiated and is the Jurisdiction of the OperatingEngineers.

On hazardous waste removal or Asbestos removal work, orany state or federally designated hazardous waste site, wherethe Operating Engineer is in direct contact with hazardousmaterial and when personal protective equipment is requiredfor respiratory, skin, and eye protection, the OperatingEngineer shall receive the hourly wage plus an additionaltwenty percent (20%) of that wage for the entire shift. Fringebenefits will be paid at the contractual hourly wage.

In the event that the equipment hereunder or any otherequipment which traditionally has been the work of theOperating Engineers, is operated by remote or robotic control,the operation of said equipment shall remain the work ofOperating Engineers and the classification covering the oper-ation will be the same as if manually operated.

The Job Classifications listed below include the HourlyRate and the Weekly Rate and are effective July 1, 2017.

CLASS "A"HOURLY RATE $57.70

(40 HOUR) WEEKLY RATE $2,308.00CRANES, DERRICKS, PILE DRIVER (all types), over 100

tons and TOWER CRANES, with a boom (including jiband/or leads) 140 ft. and over.

CLASS "A"HOURLY RATE $56.70

(40 HOUR) WEEKLY RATE $2,268.00CRANES, DERRICKS, PILE DRIVER (all types), over 100

tons and TOWER CRANE with a boom (including jiband/or leads) from 100 ft. to 139 ft.

CLASS "A"HOURLY RATE $55.70

(40 HOUR) WEEKLY RATE $2,228.00CRANES, DERRICKS, PILE DRIVER (all types), over 100

tons and TOWER CRANE, with a boom (including jiband/or leads) under 100 ft.

CLASS "A"HOURLY RATE $53.20

(40 HOUR) WEEKLY RATE $2,128.00CRANES, DERRICKS, PILE DRIVERS (all types), under

100 tons with a. boom (including jib and/or leads) 140 ft.and over

CLASS "A"HOURLY RATE $53.13

(40 HOUR) WEEKLY RATE $2,125.20HELICOPTER-Pilot/Engineer

CLASS "A"HOURLY RATE $52.20

(40 HOUR) WEEKLY RATE $2,088.00CRANES, DERRICKS, PILE DRIVERS (all types), under

100 tons with a boom (including jib and/or leads) from 100ft. to 139 ft.

CLASS "A"HOURLY RATE $51.20

(40 HOUR) WEEKLY RATE $2,048.00BACKHOECHIEF OF PARTYCRANES (UNDER 100FT)CRANES, DERRICKS, PILE DRIVERS (all types), under

100 tons with a boom (including jib and/or leads) under100 ft.

DRAGLINESEXCAVATORFRONT END LOADERS (5 yds. and over)GRADALLSHELICOPTERS-Co. PilotHELICOPTERS- Communications EngineerPRENTICE TRUCKSCOOPER (Loader and Shovel) KoehringTRENCH MACHINES (Cable Plow)TUNNEL BORING MACHINEVACUUM TRUCK

CLASS "B"HOURLY RATE $49.55

(40 HOUR) WEEKLY RATE $1,982.00"A" FRAMEBACKHOE (combination hoe loader)BORING AND DRILLING MACHINESDITCHING MACHINE, small, (Ditchwitch, Verneer or simi-

lar type)FORK LIFTSFRONT END LOADERS (2 yds. but less than 5 yds.)GRADERS, Finish (fine)HYDRAULIC CRANES- 10 tons and under (over 10 tons

crane rate applies)HYDRAULIC DREDGESIDE BOOMSWINCH TRUCKS (Hoisting)

CLASS "C"HOURLY RATE $47.41

(40 HOUR) WEEKLY RATE $1,896.40BACKFILLERBROOMS and SWEEPERSBULLDOZERSCOMPRESSORS (2 or 3 in Battery)***CONCRETE CLEANING/DECONTAMINATION

MACHINE OPERATORDIRECTIONAL BORING MACHINEFRONT END LOADERS (Under 2 yds.)GENERATORSGIRAFFE GRINDERSGRADERS AND MOTOR PATROLS***HEAVY EQUIPMENT ROBOTICS, OPERATOR/TECH-

NICIAN***MASTER ENVIRONMENTAL MAINTENANCE

TECHNICIANMECHANICPIPE BENDING MACHINE (Power)TRACTORSTRANSFER MACHINEWATER and SPRINKLER TRUCKS-used on job site or in

conjunction with job siteWELDER and REPAIR MECHANIC

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CAPTAIN (Power Boats)***ULTRA HIGH PRESSURE WATERJET CUTTING

TOOL SYSTEM OPERATOR/MAINTENANCE TECH-NICIAN

***VACUUM BLASTING MACHINESOPERATOR/MAINTENANCE TECHNICIAN

TUG MASTER (Power Boats)***When used for decontamination or remediation

CLASS "D"HOURLY RATE $45.91

(40 HOUR) WEEKLY RATE $1,836.40COMPRESSOR, (Single)DOPE POTS (Mechanical with or without pump)DUST COLLECTORSFARM TRACTORSPUMPS (4 inch suction and over)PUMPS (2 or less than 4 inch suction)PUMPS, DIESEL ENGINE and HYDRAULIC (immaterial of

power)WELDING MACHINES, gas or electric convertors of any

type-singleWELDING MACHINES, gas or electric convertors of any

type-2 or 3 in battery multiple weldersWELLPOINT SYSTEMS (Including installation and mainte-

nance)

CLASS "E"HOURLY RATE $44.19

(40 HOUR) WEEKLY RATE $1,767.60ASSISTANT ENGINEER/OILER*DRILLERS HELPEROFF ROAD BACK DUMPTRANSIT INSTRUMENT MANGREASE, GAS, FUEL and OIL SUPPLY TRUCKS MAINTENANCE APPRENTICE (Oiler)MECHANICS HELPERTIRE REPAIR and MAINTENANCEMAINTENANCE APPRENTICE (Deckhand)*When used for water/Geothermal/Monitoring Wells

HOURLY RATE $51.99(40 HOUR) WEEKLY RATE $2,079.60

LEAD ENGINEER, FOREMAN ENGINEER, SAFETYENGINEER (minimum)

HOURLY RATE $41.49(40 HOUR) WEEKLY RATE $1,659.60

ROD/CHAINMAN

*Effective 1/1/2018 through 6/30/2018, there will be a $1.00per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 7/1/2018 through 12/31/2018, there will be a $1.35per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 1/1/2019 through 6/30/2019, there will be a $1.00per hour increase for all classifications to be distributed atthe discretion of the Union.

*Effective 7/1/2019 through 06/30/2020, there will be a $2.35per hour increase for all classifications to be distributed atthe discretion of the Union.

23

ASSOCIATED CONSTRUCTIONCONTRACTORS OF NEW JERSEY

__________________________________________________JACK KOCSIS, JR., CEO

CONSTRUCTION CONTRACTORS LABOREMPLOYERS OF NEW JERSEY

__________________________________________________ROBERT BRIANT, JR., CEO

__________________________________________________

INTERNATIONAL UNION OF OPERATING ENGINEERSLOCAL UNION 825,

825A, 825B, 825C, 825D, 825R & 825RH

__________________________________________________GREGORY LALEVEE, Business Manager

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