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Contact Information:
 

     Address: 1 Scobie Drive
Newburgh, NY 12550
   
     Phone: 845-565-8344
     Fax: 845-565-7595
   
     E-Mail: mclifford@bac5ny.com
   
     President: Michael J. Clifford
 

Organizing

POLICIES AND PROCEDURES FOR THE OPERATION OF BAC LOCAL 5 NY ORGANIZING PROGRAM

Bricklayers and Allied Craftworkers Local 5 New York ("Local 5 NY" or "Union") and the related Employer Association covering all crafts in the sole interests of promoting and encouraging the interests of its membership, have embarked on the implementation of an "Organizing Program." Participation in this Program is open to all contractors bound by the terms of a current Local 5 NY collective bargaining agreement, as well as non-signatory contractors who agree, as a term of receiving the grant, to sign an applicable Local 5 NY collective bargaining agreement, whether such contractors are so bound through membership in an Employer Association or by their signatures upon a short form "stipulation" or binder.

All grants provided under the Organizing Program shall be in the sole and complete discretion of Local 5 NY.

In order to facilitate the implementation and operation of the Organizing Program, Local 5 NY has adopted the following policies and procedures:

1. The purpose of the Organizing Program is to organize non-union contractors and to enhance work opportunities for members.

2. In order to receive reasonable consideration, a complete Organizing Program Request Form (Exhibit A) request must be received at Local 5's business office at least one week in advance of the bidding deadline.

3. At the discretion of the Program Director or President of the Union a request made with less than two (2) days notice may be considered. The requests will be accepted by mail or faxed to the office at BAC 5 New York, One Scobie Drive, Newburgh, New York 12550, fax number 845-565-7595 or by email to: mclifford@bac5ny.com

4. After review of the applications, the Local 5 NY Organizing Program Director will determine grant status.

5. No grant will be issued to a contractor who has provided false information. No grant will be issued to a contractor who is currently behind in fringe benefit payments to BAC Local 5 New York. If Local 5 discovers, after the approval of the grant that a contractor has provided inaccurate or false documentation, it will result in loss of Program Grant Money to that contractor.

6. Work performed of Public Works projects will not eligible for Grants from this program.

7. Local 5 NY will advertise on the Union's website that the Organizing Program is in effect an effort to reach all the contractors who may be interested in applying for a grant.

8. Within one (1) business day, the Union will advise the contractor whether or not it will agree to target the job, and, if so, for how much. If the Union approves the Request, it will supply to the contractor a Confirmation of Grant Eligibility (Exhibit B).

9. All recipients of grant money from this program must be signatories to BAC Local 5 NY collective bargaining agreement.

10. The total amount of Grant approvals existing at any one time may not exceed the actual amount of cash available in the Grant program at that time.

11. The Union will notify its members of the financial status of its Organizing Program on an annual basis.

12. If a participating contractor is successful in bidding a particular job an ORGANIZING PROGRAM AGREEMENT (Exhibit C) shall then be executed by the Union and the contractor and will be provided to each of the two parties.

13. No Grant money will knowingly be provided on projects owned, in whole or in part, by any of the following: a Local Union officer or by any of his/her family members; local, state, or federal government office holders; service providers of Local 5 NY or any of its related entities or trust funds. In addition, no Grant money will be provided (1) to a company in which a Local 5 officer or his/her family members has a financial interest unless the rules of the Program are applied without deviation, full disclosure is provided to the members and the legality of the Grant is supported by a written legal opinion from outside counsel or (2) on any project where there is an ownership interest of any officer or owner of the company applying for the grant.

14. The contractor will be required to complete and submit our Contractor Weekly Payroll Report supplied by Local 5 NY along with their benefit payment to receive grant money (Exhibit D). At the completion of the project, the Union receives the final reporting form labeled "completed." The Union will, at that time, pay the contractor the subsidized amount for hours used, up to the total on contract bid. No subsidy will be paid if the contractor has not paid all wages and fringes in connection with the project. Failure to comply with these rules will result in non-payment of the Grant on that project.

15. Although Local 5 NY has had the benefit of the experiences of other organizations in the area in the development and operation of this Organizing Program, it is anticipated that the policies and procedures of this Organizing Program will have to be revised from time to time in order to respond to Local 5's experience and to improve upon it. Such policies and procedures may also have to be revised in the event of changes in applicable laws or the operative interpretation given them. Thus, these policies may be revised from time to time by Local 5. It is incumbent on the contractor to obtain the most recent Policies and Procedures and to comply with all of its provisions.

16. Any contractor failing to comply with all the rules and requirements will be required to refund all Grant money received and will be excluded from participating in all future projects at the discretion of Local 5 NY, the Program Director, or the President.

RESOLUTION

WHEREAS, Bricklayers and Allied Craftworkers Local 5 New York as well as other building trades in the New York Metropolitan Area are faced with challenges from the economic crisis and increasing attempts to intrude on its traditional craft jurisdiction; and

WHEREAS, in order to facilitate contractors securing work on private projects and to prevent contractors from driving down wages and benefits in the building and construction industry; and to aid in an effort to organize non-union contractors in the Bricklayers and Allied Craftworkers Industries, BAC Local 5 NY intends to create and Organzing Program; and

WHEREAS, the Officers, Executive Board, and the BAC Local 5 NY membership recognize the importance of creating an Organizing Program to prevent contractors from driving down wages and benefits to prevent encroachments on BAC Local 5 NY's craft jurisdiction, and increase employment opportunities to BAC Local 5 NY members.

NOW, THEREFORE, BE IT RESOLVED that, effective August 1, 2011 BAC Local 5 New York shall establish an Organizing Program.

This Resolution having been read and passed in due course in accordance with the Union's Constitution and By-laws has been approved by the membership body this 12th day of July, 2011.

Organizing Program Request Form

Confirmation of Grant Eligibility Form

Organizing Program Agreement

Contractors Weekly Payroll Report (Chapter 1)

Contractors Weekly Payroll Report (Chapter 2)