Common use of Multi-Employer Bargaining Clause in Contracts

Multi-Employer Bargaining. 1. Employers on the Master List submitted by the RAB to the Union at the commencement of the negotiations shall be bound by the terms of this Agreement. All buildings listed by the RAB must pay scale wages and other terms and conditions of employment in accordance with the RAB Agreement prior to the expiration of this Agreement except that in Nassau and Suffolk Counties wage rates and benefit fund contributions shall be negotiated separately. 2. If there is a bona fide sale or other transfer of title of any member building, or a change of control through a lease, or in the case of non-corporate ownership, if any person or persons completely divest themselves of ownership or control by any arrangement, the successors in ownership or control may, unless they have otherwise indicated their intention not to be bound by this agreement, join the RAB and adopt the contract within forty-five (45) days after such acquisition, provided: (a) The building is not already bound by another agreement. (b) Written notice is given to the Union within five (5) days after joining the RAB. Notice shall be given by hand delivery or postmarked not later than the fifth business day. (c) If the building was covered by an agreement, (1) during such period there is no layoff or change in wages, hours, terms or conditions of employment therein; (2) the new owner or transferee recognizes employee seniority and vacation status; (3) all obligations to employees, and those pursuant to the Health, Pension, Training, Legal and/or Supplemental Retirement and Savings Funds, are fully paid up to the transfer date; and (4) provision is made to pay retroactively any wage underpayments resulting from the building’s improper classification under Article

Multi-Employer Bargaining. 1. Employers on the Master List submitted by the RAB to the Union at the commencement of the negotiations shall be bound by the terms of this Agreement. All buildings listed by the RAB must pay scale wages and other terms and conditions of employment in accordance with the RAB Agreement prior to the expiration of this Agreement except that in Nassau and Suffolk Counties wage rates and benefit fund contributions shall be negotiated separately. 2. If there is a bona fide sale or other transfer trans- fer of title of any member building, or a change of control through a lease, or in the case of non-non- corporate ownership, if any person or persons completely divest themselves of ownership or control by any arrangement, the successors in ownership or control may, unless they have otherwise oth- erwise indicated their intention not to be bound by this agreement, join the RAB and adopt the contract within forty-five (45) days after such acquisition, provided: (a) The building is not already bound by another agreement. (b) Written notice is given to the Union within five (5) days after joining the RAB. Notice shall be given by hand delivery or postmarked post- marked not later than the fifth business day. (c) If the building was covered by an agreement, (1) during such period there is no layoff or change in wages, hours, terms or conditions con- ditions of employment therein; (2) the new owner or transferee recognizes employee seniority sen- iority and vacation status; (3) all obligations to employees, and those pursuant to the Health, Pension, Training, Legal and/or Supplemental Retirement and Savings Funds, are fully paid up to the transfer date; and (4) provision is made to pay retroactively any wage underpayments resulting from the building’s improper classification classifi- cation under ArticleArticle XVI. Any adoption by the Employer shall be deemed to be effective on the date of sale. (d) A building being converted to coopera- tive or condominium ownership shall be treated as a newly acquired building upon the effective date of the declaration of the cooperative or con- dominium plan or transfer of title, or upon the transfer of shares to the first cooperative owners or the sale of first condominium unit, whichev- er is later. (e) Any Employer signatory to an agree- ment with the Union other than this Agreement shall remain bound to the terms of that Agreement until its expiration date. If such Employer joins the RAB, it may adopt the RAB contract and be fully covered by the terms of the RAB Agreement after expiration of its other agreement and before execution of a new con- tract provided: (1) Notice in writing is given to the Union of such adoption prior to the expiration of the other contract, (2) Such Employer is not in default under the other contract, and (3) The RAB approves such membership. 3. With respect to newly organized, newly constructed buildings, or remodeled buildings that are tenant occupied, the Employer shall have forty-five (45) days to file a commitment to this Agreement after the Union serves a rep- resentation notice on the Employer with a showing of majority status of the existing employees, with a copy to the RAB. Where the time limits provided for in this Article are not complied with, this Agreement shall not be applicable to such building unless the Union agrees to same in writing. 4. This Article notwithstanding, the Union may refuse to accept any building: (a) until it represents a majority of the building service employees; (b) where contributions for Pension, Health, Training, Legal and/or Supplemental Retirement and Savings Funds are in default for three (3) months or more from the date payment was due; (c) where an award of the Arbitrator has not been complied with; (d) the Union may not refuse to accept a building where during the term of this or the preceding Collective Bargaining Agreement, the Employer has taken a building whose employ- ees are represented by the Union and in which building it has instituted a reduction in force or changed existing conditions of employment, provided that the Employer has done so in a manner consistent with the terms of this Agreement. This provision shall not be con- strued as relieving the Employer from any other obligations under this Agreement. The right of refusal shall not be exercised in order to require the building to become a party to any other agreement. Before so refusing any building or taking any further action, the Union shall notify the RAB in writing. 5. In the event that the Union enters into a contract, or contracts, or enters into renewals or modifications of a contract, or contracts with any Employer(s) covering commercial build- ings which contain new or revised economic terms or other conditions which are effective on or after January 1, 2012, which economic terms or conditions are more favorable to such Employer(s) than the terms contained in this Agreement, the RAB and all its member build- ings shall be entitled to and may have the full benefit of any and all of such more favorable terms, upon notification to the Union. This pro- vision may be waived in writing for good cause shown by the President of the RAB or his/her designee and the President of the Union or his/her designee. Upon request of the President of the RAB, the Union shall provide copies of any agree- ments outside of Brooklyn, Manhattan, Staten Island or Queens that are more favorable to the Employer than the terms of this Agreement. In buildings where wage rates under the category of “others” prior to January 1, 2012, were lower than those provided for in the 2008 Commercial Building Agreement, wage increases agreed to by the Union and the Employers covering said buildings on or after January 1, 2012, shall not be construed as “more favorable” within the meaning of this Article unless the percentage increase in wages of the “others” category is lower than that provided for in this Agreement. This provision shall not apply to: (a) Newly organized buildings during their first contract period; (b) Buildings in bankruptcy; (c) Buildings in receivership; (d) Employees who are solely and exclu- sively security guards; (e) One-person buildings; (f) Hardship buildings granted relief in accordance with the terms of this Agreement; and (g) Buildings located outside Manhattan, Brooklyn, Queens, and Staten Island. The Union shall furnish the RAB a list of present agreements which are more favorable to the Employer than this Agreement. Any Employer claiming financial hardship in operating a building may request a hearing before a Special Committee consisting of the President of the Union or his/her designee and the President of the RAB or his/her designee. At such hearing, the Employer shall present proof of financial hardship, including, without limitation, financial statements. The Committee may grant or deny in whole or in part relief from the provisions of this contract. This provision shall not be subject to grievance and arbitration.