2 0 1 0Apartment Building

AGREEMENT

BETWEEN

REALTY ADVISORY BOARDON LABOR RELATIONS

INCORPORATED

AND

SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ

EFFECTIVE APRIL 21, 2010TO APRIL 20, 2014

2 0 1 0Apartment Building

AGREEMENT

BETWEEN

REALTY ADVISORY BOARDON LABOR RELATIONS

INCORPORATED

AND

SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ

EFFECTIVE APRIL 21, 2010TO APRIL 20, 2014

TABLE OF CONTENTS

Subject Page

Adoption of Agreement..................1, 10, 26-33Arbitration. ...............................................14-18Better Conditions...........................................11Building Safety............................................105Bulletin Board ...............................................82Call In Pay .....................................................58Check-off......................................................6-7Classification of Buildings. ......................51-53Commercial Occupancy ................................53Common Disaster ........................................102Condemnation................................................51Contracting of Work...............................1, 8-10Cost of Living ..........................................54-56Day of Rest ....................................................81Days Off .............................................11, 57-60Death in Family .............................................98Death of Employee ......................................101Definition, Job ...............................................97Disability Benefits Law............................47-48Discharge............................................12, 61-65Discrimination..........................................95-96Election Day ............................................69, 72Employees’ Rooms ..................................96-97

(Continued)

Subject Page

Experienced Employee.............................86-88Eye Glasses....................................................82Family and Medical Leave Act.....76-77, 95-96Fines .........................................................94-95Fire and Flood Call ........................................82Firemen..........................................................78First Aid Kit...................................................82Garnishments.................................................98Governmental Decrees .........................101-102Grievance Procedure ................................13-14Health Fund...................................34-38, 44-47Hiring .......................................................83-91Holidays .............................................11, 69-72Hours ..................................................11, 56-60Identification................................................100Inspection of Payroll Records ......................5-6Job Vacancies...........................................83-84Jury Duty................................................99-100Layoff............................................19-23, 88-91Leave of Absence .....................................74-77Legal Services Fund ......................................43Licenses....................................................94-95Lie Detector Tests........................................103Life Insurance................................................11

(Continued)

Subject Page

Locker ......................................................82-83Lockout ....................................................24-26Luncheon Period......................................11, 57Maintenance of Benefits................................38Management Rights. ................................12-13Meal Money...................................................58Military Service .............................................95Moving Expenses .....................................61-62Multi-Employer Association....................26-33Newly Constructed Buildings........................29New Hire Rate..........................................85-86Notices to Union.........................................................105Overtime .................................14, 56-58, 70-71Part-time Employee. ................................50, 73Pension Fund.................................38-42, 44-47Permits......................................................94-95Personal Day ............................................70-72Picketing...................................................24-26Posting......................................................83-84Preamble. .........................................................1Pregnancy Leave ......................................74-77Premium Pay.................................56-58, 70-72Professional Occupancy ................................53Promotion.................................................83-85

(Continued)

Subject Page

Pyramiding ....................................................69Recall........................................................88-91Reducing Force ........................................19-23Relief-Employees ..........................................73Rent Collection............................................103Replacements ...........................................80-81Rest Room................................................82-83Sale of Building........................................27-34Sanitary Arrangements.............................82-83Schedules .................................................11, 73Security Background Checks ......................104Seniority ...................................................83-88Service Center Visit .............................100-101Severance Pay ...............................60-61, 88-94Sickness Benefits ...............................11, 48-50Signatory Building ...............................1, 26-33Strikes.......................................................24-26Sub-Contracting .........................................8-10Superintendents ..................................11, 58-68Supplemental Retirement and Savings Fund .....................................43-47Term of Agreement ..............................105-106Termination Pay ...............see “Severance Pay”Tools.........................................................94-95

(Continued)

Subject Page

Training Fund...........................................42-47Training Program ....................................97-98Transportation Costs.............................103-104Trial Period....................................................84Unemployment Insurance Law ................47-48Uniforms ..................................................81-82Union Insignia ...............................................82Union Recognition ...................................1-2, 8Union Security .............................................1-8Union Visitation ............................................99Utilities .....................................................96-97Vacations............................................11, 77-81Vacation Replacement Rate .....................80-81Voting Time...................................................72Wages ............................10-11, 53-60, 108-111Wage Differentials ...................................68-69Wage Rates...........................................108-111Workers Compensation ................37, 39, 47-48Working Conditions .................................10-11Workweek ..........................................11, 56-58Work Clothes ...........................................81-82

AGREEMENT made as of the 21st day ofApril, 2010, by and between the REALTYADVISORY BOARD ON LABORRELATIONS, INCORPORATED, hereincalled the “RAB,” acting on behalf of variousowners of apartment buildings and otheremployers who become signatory to thisagreement, herein severally referred to as“Employer,” and the SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ,herein referred to as the “Union,” acting onbehalf of its members and other buildingservice employees to whom this agreement ap - plies and for whom it is the collectivebargaining agency.

ARTICLE IUnion Recognition and Union Security

1. The Union is recognized as the exclusivecollective bargaining representative of allclassifications of service employees at eachapartment building in New York City, Nassau,Suffolk, Duchess, Sullivan, Putnam, Rocklandand Westchester counties in New York,Connecticut and New Jersey, which iscommitted to this Agreement.

Work performed pursuant to the terms of thiscollective bargaining agreement shall not beperformed by persons not covered by thebargaining agreement except as provided inArticle II.

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2. This Agreement shall apply to allclassifications of service employees employedby the Employer. Article II of this Agreementshall also apply to employees of cleaning andmaintenance contractors who employemployees in any building committed to thisAgreement working in any job categorycovered by this Agreement.

3. There shall be a Union Shop throughoutthe term of this Agreement in every buildingwhere there was a Union Shop under the 2006Apartment Building Agreement and in otherbuildings whenever it is agreed or determinedthat a majority of the employees in suchbuildings are members of or have applied formembership in the Union.

The “Union Shop” requires membership inthe Union by every employee in the building asa condition of employment after the thirtiethday following employment or the executiondate of this agreement, whichever is later, or inthe case of newly organized buildings, after thethirtieth day following agreement ordetermination that a majority of the employeesin such buildings are members of or haveapplied for membership in the Union, andrequires that the Union shall not ask or requirethe Employer to discharge or otherwisediscriminate against any employee except incompliance with law.

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In the event the Union security provision ofthis Agreement is held to be invalid,unenforceable or of no legal effect generally orwith respect to any building because ofinterpretation or a change of federal or statestatute, city ordinance or rule or decision of anygovernment administrative body, agency orsubdivision, the permissible Union securityclause under such statute, decision or regulationshall be enforceable as a substitute for theUnion security clause provided for herein.

4. Whenever the Union files with the RABand the Employer a claim that a majority of theemployees in a building are members of or havemade application for membership in the Union,the Union Shop requirement shall be madeeffective within fifteen (15) days thereafter,unless the Employer or the RAB within ten (10)days, notifies the Union that it requires adetermination of that claim.

5. Upon receipt by the Employer of a letterfrom the Union’s Secretary-Treasurerrequesting any employee’s discharge becausehe/she has not met the requirements of thisArticle, unless the Employer questions thepropriety of so doing, the employee shall bedischarged within fifteen (15) days of saidnotice if prior thereto he/she does not takeproper steps to meet said requirements. If theEmployer questions the propriety of thedischarge, he shall immediately submit the

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matter to grievance, and if not thus settled, tothe Arbitrator for final determination. If it isfinally settled or determined that the employeehas not met the said requirements, he shall bedischarged within ten (10) days after writtennotice of the final determination has been givento the RAB and the Employer.

The Employer shall be responsible for unpaiddues after receipt of notice provided for in thissection and exhaustion of contractual remedies.The Employer’s obligation shall begin fifteen(15) days after such notice or, if the Employerquestions the discharge, after the finaldetermination of the arbitrator.

6. The Union will hold the Employerharmless from any liability arising from adischarge asked by the Union pursuant to thisArticle provided the Employer has donenothing to cause or increase its own liabilityconcerning removal of employees.

7. No building service employee may beemployed in any building, except within atenant’s apartment, save by the Employer,without the consent of the Union.

8. During any period in which it is notestablished that a majority of the employees ina building are members of, or have madeapplication for membership in the Union, it isagreed that all employees who, upon the datethis agreement is signed for their building, are

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members of the Union in good standing inaccordance with the Constitution and By-Lawsof the Union, and all employees who thereafterbecome members shall, as a condition ofemployment, remain Union members in goodstanding during the life of the agreement.

9. Upon execution of this Agreement theEmployer shall furnish the Union and the RABwith a complete list of the names, socialsecurity numbers and home addresses and joblocation of all employees covered by thisAgreement and shall notify the Union and theRAB of the names and social security numbersand home addresses and job location of eachnew employee thereafter employed.

The Employer shall notify the Union and theRAB in writing, as soon as a cancellation of anaccount becomes effective where Unionmembers are employed and the Employer shallnotify the Union when he acquires a newbuilding service job.

10. The Union shall have the right to inspectthe Employer’s Social Security reports and allpayroll records (except the salary of thenonunion Supervisors) in order to determine ifthis agreement is being complied with. TheUnion shall have the right to expeditedarbitration in the event an Employer fails tocomply with this right of inspection.Inspections may also be made by the Union or

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the Arbitrator at the request of the RAB. TheRAB may join the Union at all times, whensuch examination is made. All Benefit TrustFunds established under this agreement shallhave the same right to inspect as the Union butshall also have the right to inspect Supervisor’spayroll records where Supervisors are coveredby such Funds.

11. Each Employer agrees to deduct theUnion’s monthly dues, initiation fees, and alllegal assessments from the pay of eachemployee from whom it receives writtenauthorization and will continue to make suchdeductions while the authorization remains ineffect.

The Employer hereby agrees to deductvoluntary political contribution deductionsbased upon authorizations signed by theemployees in accordance with applicable law.

Such deductions will be made from the payfor the first full pay period worked by eachemployee following the receipt of theauthorization, and thereafter will be made thefirst pay day each month, and forwarded to theUnion not later than the twentieth day in eachand every current month. Such deductions shallconstitute trust funds while in the possession ofthe Employer.

If the Employer fails to remit to the Union thedues or other monies deducted in accordance

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with this section by the twentieth day, theEmployer shall pay interest on such dues at therate of one percent per month beginning on thetwenty-first day, unless the Employer candemonstrate the delay was for good cause dueto circumstances beyond its control. Theinterest shall not be assessed for an Employer’sinitial failure to deduct voluntary politicalcontributions until thirty (30) days after theEmployer has received written notice from theUnion of its failure to deduct.

If a signatory does not revoke theauthorization at the end of a year following thedate of authorization, or at the end of thecurrent contract, whichever is earlier, it shall bedeemed a renewal of authorization, irrevocablefor another year, or until the expiration of thenext succeeding contract, whichever is earlier.

The Union agrees to indemnify and save suchEmployer and the RAB harmless from anyliability incurred by reason of such deductions.

12. Nothing in this Article shall be construedas an admission that the Employer or hisemployees in any particular building areengaged in interstate commerce, in an activityaffecting interstate commerce, in theproduction of goods for interstate commerce, orthat any particular building is covered by theprovisions of the Labor-Management RelationsAct, as amended.

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13. In keeping with the extension of Article1, Section 1, to include New Jersey,Connecticut, Nassau, Suffolk, Duchess, Sullivan,Putnam, Orange, Rockland and Westchestercounties in New York and the geographicjurisdiction of the Union, the RAB and theUnion will establish a joint industry committeecomprised of at least 6 representatives from allsectors of the commercial and residentialindustry to meet on an ongoing basis, but notless than quarterly. The committee shall reviewand analyze prevailing market conditions,including wage and rental rates, and developprocedures for resolving union organizationaland representation disputes to minimizedisruption and conflict, and to promote stableand efficient labor relations and laborconditions.

ARTICLE IICoverage of Agreement

Sub-Contracting

1. The Employer shall not make anyagreement or arrangement for the performanceof work and/or for the categories of workheretofore performed by employees covered bythis agreement except within provisions andlimitations set forth below.

2. The Employer shall give advancewritten notice to the RAB and the Union at

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least three (3) weeks prior to the effectivedate of its contracting for such services, orchanging contractors, indicating the name andaddress of the contractor.

3. The Employer shall require the contractorto retain all bargaining unit employees workingat the location at the time the contract wasawarded and to maintain the existing wage andbenefit structure.

The Employer agrees that employees thenengaged in the work which is contracted outshall become employees of the initialcontractor or any successor contractor, andagrees to employ or re-employ the employeesworking for the contractor when the contract isterminated or cancelled. This provision shallnot be construed to prevent termination of anyemployee’s employment under other provisionsof this agreement relating to illness, retirement,resignation, discharge for cause, or layoff byreason of reduction of force; however, acontractor may not reduce force or change thework schedule without first obtaining writtenconsent from the union, which shall not beunreasonably withheld.

If the contractor fails to comply with anyagreement with the Union covering the workwhich was contracted out, the Employer shallbe liable severally and jointly with thecontractor for any and all damages relating to

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unpaid Health, Pension, Training, Legal andSRSP contributions. The Employer’s liabilityshall commence the date it receives writtennotice from the Union or the RAB of thecontractor’s failure to so comply.

4. This Article is intended to apply to allemployees employed in any buildingcommitted to this Agreement and to categoriesof employees to the extent that such categoriesof employees are “fairly claimable” by theUnion, within existing National LaborRelations Board case law. In the event that theapplication of this Article, or any part thereof,is held to be in violation of law, then thisArticle, or any part thereof, shall remainapplicable to the extent permitted by law.

ARTICLE IllWages, Hours & Working Conditions

1. The wages, hours, terms and conditions ofemployment set forth in Article XV of thisAgreement are hereby made part hereof.

2. Except as otherwise provided herein, thewages set forth in the tables on pages 106-109shall be effective as of April 21, 2010, and allits other terms and conditions shall becomeeffective on the payroll date nearest to April 21,2010. As to all buildings later adopting thisAgreement, it shall take effect upon acceptanceby the Union.

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3. No provision of this Agreement shall beconstrued so as to lower any employee’s wage.If employees in any building have in effect apractice of terms or conditions better than thoseprovided for herein, applicable generally tothem for wages, hours, sick pay, vacations,holidays, relief periods, jury duty, or group lifeinsurance, such better terms or conditions shallbe continued only for employees who have hadsuch conditions. The Arbitrator may relieve theobligations in the preceding sentence ifenforcement would work an undue hardship,injustice or inequity upon the Employer.

A change of schedules or duties, so long asrequired relief and luncheon periods arereasonably spaced, shall not violate thisSection, provided the employee, the Union andthe RAB are given at least one (1) week’sadvance written notice and such change isreasonable. The notice for shift changes i.e.,change in work hours or days off, shall be three(3) weeks. However, where as of April 21,2010, an employee (other than a WorkingSuperin tendent) regularly received consecutivedays off, the practice shall continue, and if anysuch employee leaves his position for anyreason whatsoever, his replacement shall alsoreceive consecutive days off.

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ARTICLE IVManagement Rights

1. The Union recognizes management’srights to direct and control its policies subject tothe obligations of this agreement.

2. Employees will cooperate with managementwithin the obligations of this agreement tofacilitate efficient building operation.

3. Any employee who is discharged shall befurnished a written statement of reason(s) forsuch discharge no later than five (5) workingdays after the date of discharge.

If any employee [other than a WorkingSuperintendent covered in Article XVI] isunjustly discharged, the employee shall bereinstated without loss of seniority or rank andwithout salary reduction. The Joint IndustryGrievance Committee or the Arbitrator maydetermine whether, and to what extent, theemployee shall be compensated by theEmployer for time lost.

4. In circumstances where the managingagent demands the removal of an employeefrom further employment in a building, butwhere there is not cause to terminate theemployee, the Union will continue to work withsignatory Employers to reach a mutuallysatisfactory resolution of the dispute, and tothat end, will agree, in appropriate

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circumstances, to the transfer of the employeein question to another building, within the samecounty, without loss of pay or benefits.

ARTICLE VGrievance Procedure

There shall be a Joint Industry GrievanceCommittee and a grievance procedure:

1. To try to decide all issues not covered by,and not inconsistent with, any provision of thisagreement and which are not required to bearbitrated under its terms.

2. To try to decide without arbitration, anyissue between the parties which, under thisagreement, they must submit to the Arbitrator.

3. The grievance may first be taken upbetween a representative of management and arepresentative of the Union. If it is not settled, itmay be filed for arbitration.

4. All Union claims are brought by theUnion alone and no individual shall have theright to compromise or settle any claim withoutthe written permission of the Union.

5. Any matter submitted to arbitration shallbe simultaneously submitted to Joint IndustryGrievance Committee.

6. The Committee shall be composed ofrepresentatives of the Union and the RAB, who

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may be present at any meeting. If theCommittee meeting is not held before thearbitration date, the meeting will be cancelled.

It shall be the function of the Committee toseek and encourage the settlement of alldisputes brought before it.

7. Any grievance, except as otherwiseprovided herein and except a grievanceinvolving basic wage violations and Pension,Health, Training, Legal and SRSP contributionsshall be presented to the RAB in writing within120 days of its occurrence, except for grievancesinvolving suspension without pay or dischargewhich shall be presented within 45 days, unlessthe Employer agrees to an extension. TheArbitrator shall have the authority to extend theabove time limitations for good cause shown.

8. Where a failure to compensate overtimework can be unequivocally demonstratedthrough employer payroll records, the Unionmay grieve the failure to compensate suchovertime work for the three (3) year periodprior to the filing of the grievance.

ARTICLE VIArbitration

1. A Contract Arbitrator shall have thepower to decide all differences arising betweenthe parties to this agreement as tointerpretation, application or performance of

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any part of this agreement, and such otherissues as are expressly required to be arbitratedbefore the Arbitrator, including such issues asmay be initiated by the Trustees of the Funds.

2. A hearing shall be initially scheduledwithin two (2) to fifteen (15) working days aftereither the Union or the RAB has served writtennotice upon the Office of the ContractArbitrator, with copy to the other party, of anyissue to be submitted. The Arbitrator’s oath-taking, and the period, and the requirements forservice of notice in the form prescribed bystatute are hereby waived. A written awardshall be made by the Arbitrator within thirty(30) days after the hearing closes, except inarbitrations involving a superintendent wherethe Arbitrator shall have ten (10) days to issuean award. If an award is not timely rendered,either the Union or the RAB may demand inwriting of the Arbitrator that the award must bemade within ten (10) more days. If no decisionis rendered within that time, either the Union orthe RAB may notify the Arbitrator of thetermination of his/her office as to all issuessubmitted in that proceeding. By mutualconsent of the Union and the RAB the time ofboth the hearing and decision may be extendedin a particular case. If a party, after due writtennotice, defaults in appearing before theArbitrator, an award may be rendered upon thetestimony of the other party.

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Upon the joint request of all parties, theArbitrator shall issue a “bench decision,” withwritten award to follow within the requiredtime period.

No more than one adjournment per partyshall be granted by the Arbitrator withoutconsent of the opposing party.

There shall be an expedited arbitrationprocedure where the contract so provides whichshall require the Arbitrator to hear anddetermine the matter within four (4) weeks afterthe demand for arbitration is filed.

Due written notice means mailing, faxing orhand delivery to the address of the Employerfurnished to the Union by the RAB.

In the event that the Union appears at anarbitration without the grievant, the Arbitratorshall conduct the hearing, provided it is notadjourned. The Arbitrator shall decide the casebased upon the evidence adduced at thehearing.

3. The procedure herein with respect tomatters over which a Contract Arbitrator hasjurisdiction shall be the sole and exclusivemethod for the determination of all such issues,and the Arbitrator shall have the power toaward appropriate remedies, the award beingfinal and binding upon the parties and theemployee(s) or Employer(s) involved. Nothingherein shall be construed to forbid either party

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from resorting to court for relief from, or toenforce rights under, any award. In anyproceeding to confirm an award of theArbitrator, service may be made by registeredor certified mail, within or without the State ofNew York, as the case may be.

4. Should either party fail to abide by anarbitration award within two (2) weeks aftersuch award is sent by registered or certifiedmail to the parties, either party may, in its soleand absolute discretion, take any actionnecessary to secure such award including butnot limited to suits at law. Should either partybring such suit it shall be entitled, if it succeeds,to receive from the other party all expenses forcounsel fees and court costs.

5. Grievants attending grievances andarbitrations shall be paid for their regularlyscheduled hours during such attendance.

6. If the Union requires an employee of thebuilding to be a witness at the hearing and theEmployer adjourns the hearing, the employeewitness shall be paid by the Employer for hisregularly scheduled hours during attendance atsuch hearing. This provision shall be limited toone employee witness.

7. The RAB shall be deemed a party to anyproceeding under this article.

8. The parties have agreed to an Office of theContract Arbitrator-Building Service Industry.

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The Union and the RAB have appointed thefollowing Panel of Arbitrators:

All cases involving a Superintendent orResident Manager shall be assigned toArbitrators John Anner or David Reilly.

Upon thirty (30) days written notice toeach other, either the Union or the RAB mayterminate the services of any Arbitrator on thepanel. Successor or additional Arbitrators shallbe appointed by mutual agreement of the Unionand the RAB. In the event of the removal, deathor resignation of all of the Arbitrators, thesuccessors or temporary substitute shall bechosen by the Union and the RAB. If the partiesare unable to agree on a successor, then theChairman of the New York State EmploymentRelations Board shall appoint a successor afterconsultation with the parties.

The cost of the Office of the ContractArbitrator shall be shared in a mannerdetermined by the Union and the RAB.

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John AnnerStuart Bauchner

Noel BermanMelissa BirenStephen Bluth

Howard C. Edelman

Robert J. HerzogGary Kendellen

Marilyn M. LevineRandi LowittEarl PfefferDavid Reilly

ARTICLE VIIReduction of Force

1. The Employer shall have the right toreduce its workforce (a) due to economichardship or (b) in the following circumstances,provided that in the case of either (a) or (b) itcan establish that the changes listed beloweliminate an amount of work similar to theproposed reduction in worker hours:

(i) A change in work specifications or workassignment which results in a reduction of work

(ii) Elimination of all or part of specifiedwork

(iii) Vacancies in building

(iv) Reconstruction of all or part of building

(v) The tenant performing the work himself

(vi) Introduction of technological advances

(vii) Change in the nature or type ofoccupancy.

2. If the Employer desires to reduce its workforce it is required, in addition to their accruedvacation credits and termination pay, if any, togive employees employed for one (1) year ormore one (1) week’s notice of layoff ordischarge, or in lieu thereof, an additionalweek’s pay. The Employer shall give four (4)weeks written notification to the Union and theRAB.

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The Employer shall include in suchnotification the following:

(a) Reason for reduction, specifying whetherthe reduction is being made pursuant to one ormore of the reasons set forth in Section 1 orSection 5 of this Article.

(b) Notification should include the precisework to be eliminated, setting forth the workhours spent on each task to be eliminated andthe change in schedules and duties of remainingemployees resulting from the reduction inforce.

(c) If the reduction is due to technologicaladvances, the notice shall describe thetechnological advance; how it will reduce thework, the number of work hours or reducedwork and the change in schedules and duties ofremaining employees resulting from thereduction in force.

(d) If the reduction in force is proposed to beimplemented pursuant to Section 5 of thisArticle, the notice shall so state. It shall includea detailed description of the work beingperformed by those allegedly working at anunusually slow pace or having idle time; adescription of additional work that suchemployees should be performing within theirnormal working hours; the proposed reductionof force in work hours; change in schedules and

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duties of remaining employees resulting fromthe reduction in force. The notice shall includeboth present and proposed work specificationsand schedules.

3. In the event that a reduction in the workforce is effected and the reason for thereduction in the work force ceases to exist, thenthe Employer shall reinstate the work force thatexisted prior to the reduction in force.

4. If the Union grieves or arbitrates a disputepursuant to this provision, the following shallapply:

(a) The arbitration shall be expedited and inno event shall be scheduled and heard later thanseven (7) calendar days after the Union’srequest for arbitration.

(b) The Employer shall affirmatively demon -strate that it has eliminated an amount of worksimilar to the reduction in worker hours.

(c) The arbitrator shall issue an award withinseven (7) calendar days after the close of thehearings.

(d) There shall be no adjournments grantedwithout mutual consent.

5. In addition to the reasons provided for inparagraph 1 above, the Employer shall have the

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right to reduce the work force where in thoseexceptional cases it can demonstrate to aSpecial Committee consisting of the Presidentof the Union or his designee and the Presidentof the RAB or his designee, that an employeehas idle time or is working at an unusually slowpace. In the event the Employer claims such anexceptional case, it shall give the noticerequired pursuant to this provision and the daterequired by paragraph 2 hereof.

At the conclusion of the four (4) week noticeperiod provided for in paragraph 2, the mattershall be referred to the Special Committee.Such Committee shall act within four (4) weeksafter the Employer has given notice to theCommittee. If the Committee deadlocks or ifthe Committee fails to act within said four (4)week period, the Employer may refer the matterto arbitration pursuant to the arbitrationprovisions of the contract. The matter shall beheard within four (4) weeks after it issubmitted, and a decision shall be renderedwithin four (4) weeks of the close of thehearing. No adjournments shall be grantedwithout mutual consent.

The Employer may not reduce the work forceas proposed prior to the arbitrator’s award,provided, however, that if the arbitrator fails toissue his award within the prescribed period,the Employer may reduce the work force as

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proposed, subject, however, to the ultimatedetermination of the arbitrator.

6. In the event that the four (4) weeks noticeprovided for herein is not given and theEmployer lays off employees pursuant to thisprovision, the Employer shall pay an amountequal to the laid off employees’ wages andfringe benefits (including, but not limited toPension, Health, Training, Legal and SRSPFund Contributions, Holidays, Vacation, SickPay and Premium Pay) for the period beginningwith the layoff until four (4) weeks after theEmployer notifies the Union or the issuance ofa final arbitration award, whichever is sooner,but in no event less than four (4) weeks even ifthe layoff is upheld by the arbitrator.

The fact that payment of employees’ wagesand fringe benefits are provided for herein shallin no way be construed as a limitation of thearbitrator’s power and authority under otherprovisions of this Agreement.

Where an Employer has more than one (1)case under subparagraph 5, in a building, it mayconsolidate such cases for purposes ofproceeding before the Special Committeeand/or the Arbitrator.

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ARTICLE VIIINo Strikes or Lockouts

1. There shall be no work stoppage, strike,lockout or picketing except as provided inSections 2, 3, and 4 of this Article. If thisprovision is violated, the matter may besubmitted immediately to the Arbitrator.

In the event of an alleged violation of thisArticle, the RAB or the Union may request animmediate arbitration. The Office of theContract Arbitrator shall schedule a hearing onthe alleged violation within 24 hours. TheArbitrator shall issue an award determiningwhether or not said alleged strike or lockout isin violation of the collective bargainingagreement and award appropriate remedy. Thisis a procedural provision intended only to bringthe arbitration on more quickly.

2. If a judgment or Arbitrator’s awardagainst the Employer for Health, Pension,Training, Legal and SRSP Fund payments orwages or an award or judgment against acontractor for these or other payments is notcomplied with within three (3) weeks after suchaward is sent by registered or certified mail tothe Employer or contractor at his last knownaddress, the Union may order a stoppage ofwork, strike or picketing in the buildinginvolved to enforce the award or judgment, and

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it may also thereby compel payment of lostwages to any employee engaged in suchactivity. Upon compliance with the awardand/or judgment and payment of lost wages,such activity shall cease.

3. Except as otherwise provided in thisArticle, should either party fail to abide by anarbitration award within three (3) weeks aftersuch award is sent by registered or certifiedmail to the parties, either party may, in its soleand absolute discretion, bring an action at lawto enforce such award. Should either partycommence such suit it shall be entitled, if itsucceeds, to receive from the other party allreasonable expenses for counsel fees and courtcosts. Should either party fail to abide by anarbitration award and fail to commence anaction in court to vacate such award withinthree (3) weeks after such award is served asprovided above, the aggrieved party shall havethe right to strike and compel payment of lostwages to any employee engaged in strikeactivity or lockout without affecting the otherterms and conditions of the Agreement.

4. The Union may order a work stoppage,strike or picketing in a building where workpreviously performed by members of the Unionor within the Union’s jurisdiction is beingperformed by persons outside of the bargaining

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unit anywhere in the building, provided that 72hours written notice is given to the Employerand the RAB of the Union’s intention to do so.

5. The Union shall not be held liable for anyviolation of this Article where it appears that ithas taken all reasonable steps to avoid and endthe violation.

6. Labor Peace Committee – In the interest oflabor peace, and in recognition of therelationship between the New York City RealEstate Industry and the Union, the UnionPresident, or his designee, and the RABPresident, or his designee, and such otherpersons as they may mutually designate(including representatives of any interestedemployers) shall convene on a quarterly basis,or at the request of either President, to discussany labor disputes, of which they are aware,with Employers. Both parties shall use theirbest efforts to notify the other party of suchdisputes in order to provide an adequateopportunity to seek to resolve such disputes.

ARTICLE IXSignatory Buildings

Multi Employer Bargaining

This Agreement may be adopted by anyapartment building in New York, at any time onor before June 30, 2010, by filing with theUnion through the RAB its written assent to

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this agreement, except that the Union mayrefuse any assent if the building is alreadybound by reason of an existing agreement withthe Union.

1. If there is a bona fide sale or other transferof title of any member building, or a change ofcontrol through a lease, or in the case of anoncorporate ownership, if any person orpersons completely divest themselves ofownership or control by any arrangement, thesuccessors in ownership or control may, unlessthey have otherwise indicated their intentionnot to be bound by this agreement, join theRAB and adopt the contract within forty-five(45) days after such acquisition, provided:

(a) The building is not already bound byanother agreement.

(b) Written notice is given to the Unionwithin five (5) days after joining the RAB.Notice shall be given by hand delivery orpostmarked not later than the fifth business day.

(c) If the building was covered by anyagreement, (1) during such period there is nolayoff or change in wages, hours, terms orconditions of employment therein; (2) the newowner or transferee recognizes employeeseniority and vacation status; (3) all obligationsto employees, and those pursuant to the Health,Pension, Training, Legal and/or SRSP Funds,

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are fully paid up to the transfer date; and (4)provision is made to pay retroactively any wageunderpayments resulting from the building’simproper classification under Article XIV. Anyadoption by the Employer shall be deemed tobe effective on the date of sale.

(d) A building being converted tocooperative or condominium ownership shallbe treated as a newly acquired building uponthe effective date of the declaration of thecooperative or condominium plan or transfer oftitle, or upon the transfer of shares to the firstcooperative owners or the sale of firstcondominium unit, whichever is later.

(e) Any Employer signatory to an agreementwith the Union other than this Agreement shallremain bound to the terms of that agreementuntil its expiration date. If such Employer joinsthe RAB it may adopt the RAB contract and befully covered by the terms of the RABAgreement after expiration of its otheragreement and before execution of a newcontract provided:

(1) Notice in writing is given to the Union ofsuch adoption prior to the expiration of theother contract,

(2) Such Employer is not in default underthe other contract, and

(3) The RAB approves such membership.

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2. With respect to newly organized, newlyconstructed buildings, or remodeled buildingsthat are tenant occupied, the Employer shallhave forty-five (45) days to file a commitmentto this Agreement after the Union serves arepresentation notice on the Employer with ashowing of majority status of the existingemployees, with a copy to the RAB.

Where the time limits provided for in thisArticle are not complied with, this Agreementshall not be applicable to such building unlessthe Union agrees to same in writing.

3. This Article notwithstanding, the Unionmay refuse to accept any building: (a) until itrepresents a majority of the building serviceemployees; (b) where contributions forPension, Health, Legal, Training and SRSPFunds are in default for three (3) months ormore from the date payment was due; (c) wherean award of the Arbitrator has not beencomplied with; (d) the Employer is in violationof an existing labor agreement with the ServiceEmployees International Union elsewhere inthe City of New York; or (e) where during theterm of this or the preceding CollectiveBargaining Agreement, the Employer has takena building whose employees are represented bythe Union and in which building it has notretained the employees and/or existing

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conditions of employment. The right of refusalshall not be exercised in order to require thebuilding to become a party to any otheragreement. Before so refusing any building ortaking any further action, the Union shall notifythe RAB in writing.

The Union shall not refuse or reject an assentto this Agreement pursuant to any provisions ofthis Article unless and until the President of theUnion or his designee and the President of theRAB or his designee have conferred in an effortto resolve any concerns with respect to thepending assent.

4. In the event an Employer intends toterminate his employer-employee relationshipunder this Agreement, then the Employer shallgive the Union and the RAB reasonable writtennotice prior to the effective date thereof andupon the request of the Union, the Employershall meet with the Union to negotiate theimpact of such termination upon the employeesinvolved. The obligation to negotiate shall besubject to arbitration but failure to agree on theimpact shall not be subject to arbitration.

In the event of a change of Employer in abuilding, the RAB shall use its best efforts tohave the succeeding Employer join the RABand become bound by the terms of thisAgreement.

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The RAB shall also use its best efforts toencourage all its members who are signatory tothis Agreement to adopt this Agreement foreach of their buildings located within the Cityof New York (except for the Bronx).

In the event an Employer terminates anemployee or employees because of a change inownership, operation, or control of a buildingor buildings, and such employee(s) are notoffered employment or are not employed by thesucceeding Employer in the building orbuildings at the then existing wages, hours andworking conditions, the terminated employee(s)shall receive severance pay in the amount of six(6) months’ pay, in addition to any otheraccrued payments due under this Agreement.

Nothing herein contained shall be deemed tolimit or diminish in any way the Union’s rightto enforce this Agreement against anytransferee pursuant to applicable lawconcerning rules of successorship or otherwise;nor limit or diminish in any way the Union’s orany employee’s right to institute proceedingspursuant to the provisions of State or Federallabor relations laws, or any statutes or ruleswhich may be applicable.

5. In the event that the Union enters into acontract, or contracts, or enters into renewals ormodifications of a contract, or contracts withany Employer(s) covering apartment buildings

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which contain new or revised economic termsor other conditions which are effective on orafter April 21, 2010, which economic terms orconditions are more favorable to suchEmployer(s) than the terms contained in thisAgreement, the RAB and all its memberbuildings shall be entitled to and may have thefull benefit of any and all of such morefavorable terms, upon notification to the Union.This provision may be waived in writing forgood cause shown by the President of the RABor his designee and the President of the Unionor his designee.

Upon request of the President of the RAB,the Union shall provide copies of anyagreements outside of Brooklyn, Manhattan,Staten Island or Queens that are more favorableto the Employer than the terms of thisAgreement.

In buildings where wage rates under thecategory of “others” prior to April 21, 2010,were lower than those provided for in the 2006Apartment Building Agreement, wage in creases agreed to by the Union and the Em ployers covering said buildings on or after April 21, 2010 shall not be construed as “morefavorable” within the meaning of this Articleunless the percentage increase in wages of“others” category is lower than that providedfor in this Agreement. This provision shall notapply to:

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(a) Newly organized buildings during theirfirst contract period;

(b) Buildings in bankruptcy;

(c) Buildings in receivership;

(d) Employees who are solely andexclusively security guards;

(e) One person buildings;

(f) Hardship buildings granted relief in accordance with the terms of this Agreement;and

(g) Buildings located outside of Brooklyn,Queens, Manhattan and Staten Island.

The Union shall furnish the RAB a list ofpresent agreements which are more favorableto the Employer than this Agreement.

Any Employer claiming financial hardship inoperating a building may request a hearingbefore a Special Committee consisting of thePresident of the Union or his designee and thePresident of the RAB or his designee. At suchhearing, the Employer shall present proof offinancial hardship, including, withoutlimitation, financial statements. The Committeemay grant or deny in whole or in part relieffrom the provisions of this contract. Thisprovision shall not be subject to grievance andarbitration.

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ARTICLE XHealth, Pension, Training, Legal

and SRSP Funds

A. HEALTH FUND

1. The Employer shall make contributions toa health trust fund, known as the “BuildingService 32BJ Health Fund,” to coveremployees covered by this agreement whowork more than two (2) days per week, withsuch health benefits as may be determined bythe Trustees of the Fund. The Employer may,unless rejected by the Trustees, upon executionof a participation agreement in the formacceptable to the Trustees, cover such other ofhis/her employees as he/she may elect,provided such coverage is in compliance withlaw and the Trust Agreement.

Employees who are on workers’compensation or who are receiving statutoryshort term disability benefits, Building Service32BJ long term disability benefits, or aBuilding Service 32BJ disability pension, shallbe covered by the Health Fund withoutemployer contributions until they may becovered by Medicare or thirty (30) months fromthe date of disability, whichever is earlier.

In no event shall any employee who waspreviously covered for health benefits lose suchcoverage as a result of a change or eliminationof the Health Fund provision extending

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coverage for disability. In the event theprovision extending coverage for disability isdiscontinued for any reason, the Employer shallbe obligated to make contributions for theduration of the period that would haveotherwise been available.

2. The Employer shall continue to contributeto the Fund $12,246.64 per year for eachemployee, payable when and how the Trusteesdetermine, to cover employees and theirdependent families with health benefits asagreed by the collective bargaining parties, andunder such provisions, rules and regulations asmay be determined by the Trustees.

Effective January 1, 2011 the rate ofcontribution to the Fund shall be increased to$12,870.64 per employee per year.

3. Except as qualified by Article III, Section3 of this agreement with respect to group lifeinsurance, any Employer who has a plan ineffect prior to the effective date of thisagreement which provides health benefits, theequivalent of, or better than, the benefitsprovided for herein, and the cost of which to theEmployer is at least as great, may cover hisemployees under its existing plan or under thisFund. If the Trustees decide the existing plandoes not provide equivalent benefits, but doesprovide health benefits superior to one or moretypes of health benefits under this Fund, the

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Employer may participate in the Fund wholly,or partially for hospitalization and/or surgicalcoverage, and make his payments to the Fundin the amount determined by the Trustees uniformly for all similarly participating Em ployers.

If any future applicable legislation is enactedthere shall be no duplication or cumulation ofcoverage and the parties will negotiate suchchanges as may be required by law.

4. The parties agree that if the recentlypassed healthcare reform legislation or anyfuture governmental healthcare reform requires(i) any payment by contributing Employers forsome or all of the benefits already provided forin the Health Fund to participants or (ii)requires any contributing Employers to pay anyexcise or other tax, penalty (including assess-able payments), fee or other amount relating toor resulting from the eligibility requirements ofor the level of benefits provided by the Fund,the parties shall recommend that the trusteesrevise the plan of benefits under the Fund sothat such excise or other tax, penalty (includingassessable payments), fee or other amount arenot payable. In the event the trustees do notrevise the plan of benefits under the Fund sothat such excise or other tax, penalty (includingassessable payments), fee or other amount arenot payable, the affected Employers’ contribu-

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tions to the Fund, or contributions to the otherBenefit Funds shall be reduced by the amountof such excise or other tax, penalty (includingassessable payments), fee or other amount.

5. Health Fund Study Committee. The par-ties agree to create a study committee, whosemembers shall be appointed in even numbersby the President of the Union and the Presidentof the RAB, to evaluate Building Service 32BJHealth Fund benefits and operations, with thegoal being to recommend to the trustees waysfor the Health Fund to save money on medical,administrative and other costs associated withthe Health Fund while maintaining high qualityof care for Health Fund participants. The studycommittee shall make recommendations to thetrustees of the Health Fund, including recom-mendations relating to statutorily mandatedbenefit or administrative design changes, thatsave the Health Fund at least $70 million peryear in costs commencing as soon as possible,but no later than January 1, 2012. The partiesagree that they will take, and will recommendto the Health Fund trustees that they take, alllegal action necessary so that (i) such recom-mended savings measures are implemented bythe Health Fund; (ii) such measures shall notthereafter be modified absent unanimous agree-ment of the trustees; (iii) such measures aremade with the intent of being permanent andwithin the purposes of the aforementioned costsavings; and (iv) the Health Fund reserves donot fall below an amount equivalent to no less

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than six (6) full months of benefit costs andoperating expenses.

6. If during the term of this Agreement, theTrustees find the payment provided herein isinsufficient to maintain benefits, and adequatereserves for such benefits, they shall require theparties to increase the amounts needed to main-tain such benefits and reserves subject toArticle X, Section F (4). In the event theTrustees are unable to reach agreement on theamount required to maintain benefits andreserves, the matter shall be referred to arbitra-tion pursuant to the dead lock provisions of theFund’s Agreement and Declaration of Trust.The preceding maintenance of benefits provi-sion shall be suspended for the life of thisAgreement.

B. PENSION FUND

1. The Employer shall make contributions toa pension trust fund known as the “BuildingService 32BJ Pension Fund” to coverbargaining unit employees who are regularlyemployed twenty (20) or more hours per week,including paid time off. The Employer shallalso make contributions on behalf of otherbargaining unit employees to the extent thatsuch employees work a sufficient number ofhours to require benefit accrual pursuant toSection 204 of ERISA.

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Employees unable to work and who are onstatutory short term disability benefits orworkers’ compensation shall continue to accruepension credits without employer contributionsduring the periods of disability up to six (6)months or the period of disability whichever isearlier.

2. The Employer shall pay into the Fund thesum of $78.75 per week for every regularemployee as defined in the Building ServicePension Plan, as it may be amended, except asprovided in Section 4 hereof.

3. Effective January 1, 2011, the Employershall pay into the Fund the sum of $82.75 perweek for every regular employee.

4. If the Employer has in effect a pensionand retirement plan which has been determinedto provide benefits equivalent or superior tothose provided under the Building Service 32BJ Pension Plan, it may continuesuch plan provided it continues to provideretirement benefits equivalent or superior to thebenefits that are provided under the BuildingService 32BJ Pension Plan during the term ofthis agreement, and it shall be relieved of anyobligation to make payments into the Fund.

5. If the Employer has an existing plan asreferred to above, it shall not discontinue orreduce benefits without prior Trustee approval

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and shall remain obligated to the employee(s)for whatever benefits they may be entitled.

6. In no event shall the Trustees or any ofthem, the Union or the RAB, directly orindirectly, by reason of this agreement, beunderstood to consent to the extinguishment,change or diminution of any legal rights, vestedor otherwise, that anyone may have in thecontinuation in existing form of any suchEmployer pension plan, and the Trustees or anyof them, the Union and the RAB shall be heldharmless by an Employer against any actionbrought by anyone covered under suchEmployer’s plan asserting a claim based uponanything done pursuant to Section 5 of thisArticle. Notice of the pendency of any suchaction shall be given the Employer who maydefend the action on behalf of the indemnitee.

7. (1) The bargaining parties agree that thePresidents of the RAB and Local 32BJ shall beauthorized and directed by the bargainingparties, after receipt of one or morecontribution rate schedules from the PensionFund trustees that have been adopted as part ofthe Pension Fund's rehabilitation plan underSection 432 of the Internal Revenue Code(each, a “rehabilitation plan schedule”), toadopt on behalf of the bargaining parties within10 days of such receipt a contribution scheduleconsistent with a rehabilitation plan schedule,and that the contribution schedule they adopt

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will be binding on all employers assenting tothis agreement and will be effective for theduration of the current collective bargainingagreement. (i) The bargaining parties shallrecommend to the trustees of the Pension Fundthat they adopt as one of the rehabilitation planschedules a schedule that provides for acontribution rate that is otherwise in effectunder the collective bargaining agreement(with no benefit reductions) to the extentconsistent with Section 432 of the InternalRevenue Code, or if such schedule is notconsistent with Section 432, a schedule thatprovides for the lowest increase in contributionrates without reducing benefits and (ii) if such arehabilitation plan schedule is adopted by thetrustees, the Presidents of the RAB and Local32BJ shall be bound to adopt suchrehabilitation plan schedule under thissubsection (1).

(2) To the extent that (i) the contributionschedule adopted under subsection (1) above isgreater than the contribution rate that wasotherwise in effect under the collectivebargaining agreement for the remainder of itsterm, i.e., any amounts above the $4 per yearincrease scheduled to occur during theremainder of the agreement ("additionalcontribution"), or (ii) any assenting employerbecomes subject to the automatic employersurcharge under Section 432 of the Internal

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Revenue Code or any excise tax, penalty, fee orother amount relating to the funding of thePension Fund (including those under Section4971(g) of the Internal Revenue Code, but notincluding interest, liquidated damages, or otheramounts owed as a consequence of failing tomake timely remittance of contributions to thePension Fund), then the parties agree that therequired contributions to the Health Fund,Training Fund and/or Legal Services Fund foreach assenting employer shall be reduced dollarfor dollar by the aggregate amount of anyadditional contribution and/or surchargeamounts (provided that the offset for surchargeamounts shall only apply to timely assentingemployers), excise taxes, penalties, fees orother amounts that such employer is required topay, as provided in this subsection. Unless adifferent allocation among the Funds is agreedupon in advance of any applicable due date forsuch contributions by the Presidents of theRAB and Local 32BJ, such amount shall beallocated solely from the Health Fund.

C. TRAINING, SCHOLARSHIP ANDSAFETY FUND

The Employer shall make contributions toa training and scholarship trust fund known asthe “Thomas Shortman Training, Scholarshipand Safety Fund” to cover employees covered

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by this Agreement who work more than two (2)days per week, with such benefits as may bedetermined by the Trustees. Effective April 21,2010, the rate of contributions to the ThomasShortman Training, Scholarship and SafetyFund shall be $169.60 per year for eachcovered employee.

D. GROUP PREPAID LEGAL FUND

The Employer shall make contributions toa prepaid legal services trust fund known as the“Building Service 32BJ Legal Services Fund”to cover employees covered by this Agreementwho work more than two (2) days per weekwith such benefits as may be determined by theTrustees. Effective April 21, 2010, the rateofcontributions to the Legal Fund shall be$199.60 per year.

E. SUPPLEMENTAL RETIREMENT ANDSAVINGS (SRSP) FUND

The Employer shall make contributions to atrust fund known as the “Building Service 32BJSupplemental Retirement and Savings Fund” tocover bargaining unit employees who areregularly employed twenty (20) or more hoursper week, including paid time off, withemployer contributions as hereinafter providedand tax exempt employee wage deferrals asprovided by the Plan and/or Plan rules.Employer contributions for other bargainingunit employees shall also be required for each

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week in which they work twenty (20) or morehours, including paid time off. Effective April21, 2010, the rate of contributions to the SRSFshall be $10.00 per week per employee.

For those Resident Managers and full-timeSuperintendents who have been employed as aResident Manager or full-time Superintendentfor at least two (2) years in that position in thebuilding, the Employer shall contribute anadditional $10.00 per week to the SRSF fortime worked in that position.

The Employer shall contribute an additional$10.00 per week to the SRSF for eachemployee upon the employee’s completion of25 years of service, provided, however, that ifas a result of the 2012 Commercial BuildingAgreement such employees receive additionalpension benefits for years of service in excessof 25, the obligation under this provision shallcease on the effective date of thecommencement of such additional benefits.

F. PROVISIONS APPLICABLE TO ALLFUNDS

1. If the Employer fails to make requiredreports or payments to the Funds, the Trusteesmay in their sole and absolute discretion takeany action necessary, including but not limitedto immediate arbitration and suits at law, toenforce such reports and payments, together

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with interest and liquidated damages asprovided in the Funds’ trust agreements, andany and all expenses of collection, includingbut not limited to counsel fees, arbitration costs,fees and court costs.

Any Employer regularly or consistentlydelinquent in Health, Pension, Training, Legaland SRSP Fund payments may be required, atthe option of the Trustees of the Funds, toprovide the appropriate Trust Fund with asecurity guaranteeing prompt payment of suchpayments.

2. The Trustees of the Funds shall make suchamendments to the Trust Agreements, and shalladopt such regulations as may be required toconform to applicable law, and which shall inany case provide that employees whose workcomes within the jurisdiction of the Union(which shall not be considered to includeanyone in an important managerial position)may only be covered for benefits if the buildingin which they are employed has a collectivebargaining agreement with the Union. Anydispute about the Union’s jurisdiction shall besettled by the President of the Union and theRAB’s President.

3. Employees shall have a waiting period ofthree months before becoming eligible to beparticipants in the Funds and no contribution

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shall be made on behalf of the employees overthe three month period.

4. Effective as of January 1, 2012, anycontributions and benefits required hereunder(except SRSF) shall be increased by anyamount and in the same manner ascontributions and benefits may be increased inthe Commercial Building Agreement tosucceed the presently effective 2008Commercial Building Agreement, and if in saidsuccessor agreement service fees are requiredto be paid, the same fees shall be required to bepaid hereunder; provided, however, (i) theaggregate increase in contributions to theHealth Fund and Pension Fund (including forthis purpose any such contributions that wouldbe payable if not for the reductions thereof byvirtue of the application of the provisions ofSection A.4 or Section B.7 (2)) effectiveanytime in 2012, shall not exceed $15 per weekper employee; and (ii) the aggregate increase incontributions to the Health Fund and PensionFund (including for this purpose any suchcontributions that would be payable if not forthe reductions thereof by virtue of theapplication of the provisions of Section A.4 orSection B.7 (2)) effective anytime in 2013 shallnot otherwise exceed $15 per week peremployee.

5. The parties agree that the Presidents of theRAB and Local 32BJ may determine, in their

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discretion and upon mutual consent, prior to thebeginning of the calendar years beginningJanuary 1, 2011, January 1, 2012, January 1,2013 and January 1, 2014, to allocate anyportion of the scheduled contributions in any ofthe Funds to any other Funds.

ARTICLE XIDisability Benefits Law

Unemployment Insurance Law

1. The Employer shall cover its employeesso that they shall receive maximum weeklycash benefits provided under the New YorkState Disability Benefits Law on a non-contributory basis, and also under the NewYork State Unemployment Insurance Law,whether or not such coverages are mandatory.

2. Failure to so cover employees makes theEmployer liable to an employee for all loss ofbenefits and insurance.

3. The Employer will cooperate withemployees in processing their claims and shallsupply all necessary forms, properly addressed,and shall post adequate notice of places forfiling claims.

4. If the employee requests workers’compensation benefits from the Employer thenno sick leave shall be paid to such employeeunless the employee specifically requests inwriting payment of such leave. If an employee

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requests disability benefits from the Employerthen only five (5) days sick leave shall be paidto such employee (if the employee has thatamount unused) unless the employeespecifically requests in writing payment ofadditional available sick leave.

5. Any employee required to attend his/herWorkers’ Compensation hearing shall be paidfor his/her regularly scheduled hours duringsuch attendance.

6. Any cost incurred by the Union to enforcethe provisions of this Article shall be borne bythe Employer.

7. The Parties agree to establish a committeeunder the auspices of the Building Service 32B-J Health Fund to investigate and report on thefeasibility of self-insuring disability andunemployment benefits.

ARTICLE XIISickness Benefits

1. Any regular employee with at least one(1) year of service (as defined in Section 4below) in the building or with the sameEmployer, shall receive in a calendar year fromthe Employer ten (10) paid sick days for bonafide illness.

Any employee entitled to sickness benefitsshall be allowed five (5) single days of paid

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sick leave per year taken in single days. Theremaining five (5) days of paid sick leave maybe paid either for illnesses of more than one (1)day’s duration or may be counted as unusedsick leave days.

The employee shall receive the above sickpay whether or not such illness is covered bythe New York State Disability Benefits Law orthe New York State Workers’ CompensationAct; however, there shall be no pyramiding orduplication of Disability Benefits and/orWorkers’ Compensation Benefits with sickpay.

2. An employee absent from duty due toillness only on a scheduled workdayimmediately before and/or only on thescheduled workday immediately after a holidayshall not be eligible for sick pay for said absentworkday or workdays.

3. Employees who have continuedemployment to the end of the calendar year andhave not used all sickness benefits shall be paidin the succeeding January, one full day’s payfor each unused sick day.

Any employee who has a perfect attendancerecord for the calendar year shall receive anattendance bonus of $200.00 in addition topayment of the unused sick days.

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For the purpose of this provision, perfectattendance shall mean that the employee hasnot used any sick days.

If an Employer fails to pay an employeebefore the end of February, then such Employershall pay one additional day’s pay unless theEmployer challenges the entitlement or amountdue.

4. For the purpose of this Article, one (1)year’s employment shall be reached on theanniversary date of employment.

Employees who complete one (1) year ofservice after January 1, shall receive a pro ratashare of sickness benefits for the balance of thecalendar year.

A “regular” employee shall be defined asone who is a full or part time employee em -ployed on a regular schedule. Those employedless than forty (40) hours a week on a regularbasis shall receive a pro rata portion of sicknessbenefits provided herein computed on a forty(40) hour workweek.

5. All payments set forth in this Article arevoluntarily assumed by the Employer, inconsideration of concessions made by theUnion with respect to various other provisionsof this agreement, and any such payment shallbe deemed to be a voluntary contribution or aidwithin the meaning of any applicable statutoryprovisions.

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ARTICLE XIIIBuilding Acquisition by Public

Authority

Where a building is acquired by a publicauthority of any nature through condemnation,purchase or otherwise, the last owner shallguarantee the payment of termination pay andof accrued vacations due to the employees up tothe date of transfer of title. The Union will,however, seek to have such authority assumethe obligations for payments. If unsuccessfuland the last owner becomes liable for suchpayments, the amounts thereof shall be liensupon any condemnation award or on anyamount received by such last owner.

ARTICLE XIVBuilding Classifications

1. (a) Class A buildings are buildings wherethe assessed value of the land and building,based upon the 1935 assessment, divided by thenumber of rooms in the building, gives anassessed value of over $4,000 a room;

(b) Class B buildings are buildings wherethe assessed value of the land and building,based upon the 1935 assessment, divided by thenumber of rooms in the building, gives anassessed value of over $2,000 a room, and notover $4,000 a room;

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(c) Class C buildings are buildings where theassessed value of the land and building, basedupon the 1935 assessment, divided by thenumber of rooms in the building, gives anassessed value of $2,000 or less a room.

(d) All non-publicly financed buildings nowor in the future owned cooperatively or incondominium shall be classified Class A andwages shall be paid accordingly.

2. In classifying buildings completed andopened for occupancy after the levying of the1935 assessment, the first year of assessmentshall control. Where a building is newly erectedor remodeled and opened for occupancy afterApril 21, 1976, and where its properclassification as finally determined indicatedthat the employees had been paid wages lowerthan required under said classification,employees shall be paid retroactively allamounts they would have received under theproper classification.

3. In calculating the number of rooms, aroom shall be considered to be a rentable roomenclosed by four (4) walls, with a door and witha window facing a street, court, areaway orairshaft.

4. Bathrooms shall not be counted as roomsexcept in apartments of three rooms or less,where bathrooms shall be counted as

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halfrooms, but this provision shall not cause arevision of existing classifications.

5. Rooms occupied by the superintendentand servants, if above cellar or basement level,shall be included in the total number of rooms.

6. Where stores are on the ground floor, thenumber of rooms on that floor shall beconsidered to be the same number, less three, ason a typical floor.

7. When eighty (80) percent of a building’sarea and total number of units are changed tocommercial and/or professional occupancy, itshall be considered a commercial building nolonger covered under this agreement but shallbe covered under the applicable CommercialBuilding Agreement.

ARTICLE XVWages and Hours

A. BUILDING SERVICE EMPLOYEESOTHER THAN WORKINGSUPERINTENDENTS

1. (a) Effective April 21, 2010, eachemployee covered hereunder shall receive awage increase of thirty-seven and one-halfcents ($0.375) for each regular straight-timehour worked.

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(b) Effective April 21, 2011, each employeecovered hereunder shall receive a wageincrease of thirty-seven and one-half cents($0.375) for each regular straight-time hourworked.

(c) Effective April 21 2012, each employeecovered hereunder shall receive a wageincrease of fifty-five cents ($0.55) for eachregular straight-time hour worked.

(d) Effective April 21, 2013, each employeecovered hereunder shall receive a wageincrease of fifty-seven and one-half cents($0.575) for each regular straight-time hourworked.

(e) Additionally, the minimum hourly ratedifferentials for handypersons including allemployees doing similar or comparable workby whatever title known, shall be increased byfive cents (5¢) effective April 21, 2010, April21, 2011 April 21, 2012 and April 21, 2013 foreach regular straight-time hour worked, andeach such employee shall receive a wageincrease in an amount necessary to bring themup to the new contract minima.

(f) Effective April 21, 2011, in the event thatthe percentage increase in the cost of living[Consumer Price Index for the City of NewYork Metropolitan Area (New York-NewJersey) Urban Wage Earners and Clerical

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Workers] from February 2010 to February2011, exceeds 6.5% then, in that event, anincrease of $.10 per hour for each full 1%increase in the cost of living in excess of 6.5%shall be granted effective for the first fullworkweek commencing after April 21, 2011. Inno event shall said increase pursuant to this pro -vision exceed $.20 per hour. In computingincreases in the cost of living above 6.5%, lessthan .5% shall be ignored and increases of .5%or more shall be considered a full point. Anyincreases hereunder shall be added to the minima.

(g) Effective April 21, 2012, in the eventthat the percentage increase in the cost of living[Consumer Price Index for the City of NewYork Metropolitan Area (New York-NewJersey) Urban Wage Earners and ClericalWorkers] from February 2011 to February2012, exceeds 6% then, in that event, anincrease of $.10 per hour for each full 1%increase in the cost of living in excess of 6%shall be granted effective for the first fullworkweek commencing after April 21, 2012. Inno event shall said increase pursuant to this pro -vision exceed $.20 per hour. In computingincreases in the cost of living above 6%, lessthan .5% shall be ignored and increases of .5%or more shall be considered a full point. Any

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increases hereunder shall be added to the minima.

(h) Effective April 21, 2013, in the eventthat the percentage increase in the cost of living[Consumer Price Index for the City of NewYork Metropolitan Area (New York-NewJersey) Urban Wage Earners and ClericalWorkers] from February 2012 to February2013 exceeds 6%, then, in that event, anincrease of $.10 per hour for each full 1%increase in the cost of living in excess of 6%shall be granted effective for the first full workweek commencing after April 21, 2013. In noevent shall said increase pursuant to thisprovision exceed $.20 per hour. In computingincreases in the cost of living above 6%, lessthan 0.5% shall be ignored and increases of .5%or more shall be considered a full point. Anyincreases hereunder shall be added to theminimum.

(i) Minima wage rates shall be those setforth in the tables on pages 108-111 hereof,plus applicable cost of living increases, if any.

2. (a) The standard workweek shall consistof five (5) days of eight (8) hours each, but thetwo (2) days off in such standard workweekneed not be consecutive, except as provided inArticle III, Section 3.

Overtime at the rate of time and one-half theregular straight-time hourly rate shall be paid

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for all hours worked in excess of eight (8) hoursper day or forty (40) hours per week, whicheveris greater. A paid holiday shall be considered asa day worked for the purpose of computingovertime pay.

Every employee shall be entitled to two (2)days off in each workweek and any workperformed on such days shall be consideredovertime and paid for at the rate of time andone-half.

The straight-time hourly rate shall becomputed by dividing the weekly wage by thenumber of hours in the standard workweek.

(b) Luncheon recess shall not be less thanforty-five (45) minutes nor more than one (1)hour, and no employee shall be required to taketime off in any workday in excess of one (1)hour for luncheon recess without having suchtime charged against the Employer as workingtime.

(c) No regular full-time employee shall havetheir regular work hours, as set forth above,reduced below the standard workweek in orderto effect a corresponding reduction in pay.

(d) Hours of work for all full-timeemployees shall be consecutive each day,except for the luncheon period.

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(e) Any employee called in to work by theEmployer for any time not consecutive withtheir regular schedule shall be paid for at leastfour (4) hours of overtime.

(f) Any employee who spends one full weekor more performing work in a higher payingcategory shall receive the higher rate of pay forsuch service.

(g) Employees required to work overtimeshall be paid at least one (1) hour at theovertime rate, except for employees workingovertime due to absenteeism or lateness.

(h) Any employee who has worked eight (8)hours in a day and is required to work at leastfour (4) hours of overtime in that day, shall begiven a $15.00 meal allowance.

(i) No overtime shall be given fordisciplinary purposes. An Employer shall notrequire an employee to work an excessiveamount of overtime.

(j) The Employer agrees to use its bestefforts to provide a minimum of sixteen (16)hours off between shifts for its employees.

B. WORKING SUPERINTENDENTS

1. (a) Effective April 21, 2010, Superin -tendents covered by this agreement shallreceive a $18.00 weekly wage increase.

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(b) Effective April 21, 2011, Superin -tendents covered by this agreement shallreceive a $18.00 weekly wage increase.

(c) Effective April 21, 2012, Superin -tendents covered by this agreement shallreceive a $25.00 weekly wage increase.

(d) Effective April 21, 2013, Superintendentscovered by this agreement shall receive a$26.00 weekly wage increase

(e) Superintendents shall be covered under thesame provision regarding cost of living increasesset forth in Section A, paragraphs I (f), (g) and (h)of this Article applicable to other employees.

(f) Certain special Superintendents agreementscovering unusual cases, including part-time andworkout Superintendents, shall be negotiatedindividually as heretofore.

2. (a) The standard workweek shall consistof five days (40 hours) but the two (2) days offin such workweek need not be consecutive. TheEmployer may reschedule the Superintendent’sdays off, either consecutively or non-consecutively; provided, however, that theEmployer must give the Superintendent at leastone (1) week’s notice of any change inscheduled days off.

(b) In all other respects the building’spresent practices as to the Superintendent’sduties shall continue and, as heretofore, the

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Superintendent shall take care of emergencies.If he/she is required by the Employer toperform other than emergency work on his daysoff, he/she shall receive equivalent time offduring the same workweek or a day’s pay at thetime and one-half rate, as the case may be, byagreement between the Employer andSuperintendent. Nothing herein shall beconstrued to affect any rights a Superintendentmay have under the Fair Labor Standards Act.

(c) The Superintendent shall not be requiredto do work in conflict with law.

(d) When an obvious inequity exists byreason of a Superintendent’s regularapplication of highly specialized abilities in his/her work, or where this work imposes special or substantial additionalresponsibilities, the Union may question theamount of the Superintendent’s wage onceduring the term of this Agreement throughgrievance and arbitration.

ARTICLE XVIProvisions Applicable to

Superintendents Only

A. JOB SECURITY AND SEVERANCE PAYFOR WORKING SUPERINTENDENTS

1. If the building is demolished or there is abona fide transfer of title or leasehold resultingin a substantial change in the beneficial interestin the building, the Employer will pay the

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Superintendent on or about the date ofdemolition or transfer of title the severance payprovided for below, plus accrued vacationcredits, unless the Employer offers anequivalent position in the same or in anotherbuilding without loss of seniority. If theEmployer does not offer such an equivalentposition and the Superintendent receivesseverance pay, and if the new Employercontinues the Superintendent on the job andbecomes party to this agreement, seniority forseverance pay purposes shall be computed fromthe date of transfer of title or change inbeneficial interest.

2. If the Employer discharges theSuperintendent for reasons other than those setforth in Section 5 below, it shall give theSuperintendent thirty (30) days’ written noticeby registered mail or personal service to vacatethe apartment he/she occupies in the building.If the Superintendent does not contest his/herdischarge, he/she shall receive an additionalthirty (30) days to vacate the apartment. If theSuperintendent is required to do any workduring this notice period, he/she shall be paid athis/her regular rate of pay.

A Superintendent who voluntarily vacatessaid apartment within thirty (30) days afternotice (sixty (60) days if discharge is notcontested) shall receive severance pay or

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moving expenses on the following basisaccording to length of service:

Less than 6 months......$1000 moving expenses6 months but less than 2 years ......4 weeks’ pay2 years but less than 3 years..........5 weeks’ pay3 years but less than 4 years..........6 weeks’ pay4 years but less than 5 years..........7 weeks’ pay5 years but less than 6 years..........8 weeks’ pay6 years but less than 7 years..........9 weeks’ pay7 years but less than 8 years........10 weeks’ pay8 years or more. ..........................11 weeks’ pay

unless the Superintendent deliberatelyprovoked his/her dismissal, or his/her conductconstituted a willful or substantial violation ofthe obligations of his employment, but thislimitation shall not apply to moving expenses.

3. The Union may question the propriety ofthe termination of the Superintendent’s servicesand demand reinstatement, or severance pay, ifany, as the case may be, by filing a grievancewithin fifteen (15) calendar days followingreceipt by the Superintendent of the notice tovacate, on the charge that the Employer actedarbitrarily; provided, however, that the time tofile a claim for severance pay shall not belimited in a case where the Employer fails tohonor an agreement with the Superintendent orthe Union to pay severance pay. If the matter isnot adjusted through the grievance procedure, itshall be submitted for final determination to the

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Arbitrator who may sustain the terminationwith such severance pay, if any, as the case maybe, or order reinstatement. The Arbitrator shallgive due consideration to the Superintendent’sfiduciary and management responsibilities andto the need for cooperation between theSuperin tendent and the Employer.

4. The Employer’s notice to the Superin -tendent to vacate the apartment shall beconsidered held in abeyance and the effectivedate thereof considered postponed, ifnecessary, until the matter is adjusted ordetermined through grievance or arbitration;but the Union must exercise its right to questionthe Employer’s action within the prescribedtime and the matter must be processed withreasonable promptness.

No employer shall commence an evictionproceeding, or seek to collect use andoccupancy prior to an arbitrator’s awardprovided that the superintendent agrees inwriting not to contest an eviction proceeding inthe event that the arbitrator has upheld thedischarge. There shall be no interruption ofutilities or other essential services to thesuperintendent’s apartment prior to the date anarbitrator’s award ordering such superintendentto vacate his/her apartment.

5. The Employer, by written notice servedpersonally or by registered mail, may require

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the Superintendent to vacate the livingpremises immediately in exceptional caseswhere the Superintendent’s continued presencemight jeopardize the tenants, employees, or thebuilding and where the proper operation of thebuilding requires the immediate employment ofa replacement. The Union may question thetermination of the Superintendent’s services byfiling a grievance within seven (7) calendardays following the receipt by theSuperintendent of the notice to vacate.

6. The provision for arbitration of dischargeshall not apply for the first six (6) months of aSuperintendent’s employment. Upon agreementbetween the Union and the Employer withrespect to any individual Superintendent orResident Manager, the provision for arbitrationof discharge shall not apply for an additionalsix (6) months of a Superintendent’s orResident Manager’s employment. Forgrievances arising during the first two (2)months of employment, the presentation periodreferred to in Article V, Section 7 shall be 240days.

7. Any Superintendent resigning orterminated because of physical or mentalinability to perform duties shall receiveseverance pay in addition to accrued vacationcredits based upon the schedule provided in thisArticle.

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Such a Superintendent may resign andreceive severance pay if he/she submitssatisfactory evidence of such inability at thetime of termination, unless, because ofcircumstances connected with his/hercondition, the Superintendent is unable tocomply with this requirement.

In the event of a dispute concerning thesufficiency of the evidence, the matter shall beresolved in accordance with Article XVII,paragraph 20.

B. COVERAGE OF AGREEMENT

1. All Superintendents for whom the Unionis the collective bargaining agent are coveredunder this agreement unless they are covered bythe Resident Managers Agreement. Effectiveimmediately, the assents for the ApartmentBuilding Agreement and Resident ManagersAgreement shall be submitted in one form.

2. Superintendents employed in buildingswith six (6) or more employees shall hereafterbe covered by the Resident ManagersAgreement except that incumbentSuperintendents previously covered by theApartment Building Agreement shall continueto receive wage increases on dates set forth bythe Apartment Building Agreement. SuccessorSuperintendents shall receive increases setforth by the Resident Managers Agreement.

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3. Buildings included in Section 2 hereofshall cease to be covered by the ResidentManagers Agreement and the Superintendentsin such buildings shall thereafter be covered bythis Agreement if during the life of thisagreement the work force in such buildingsdrops below six (6) including theSuperintendent.

4. The provisions of Section 2 hereof to thecontrary notwithstanding, any building withfewer than six (6) building service employees,including the Superintendent, which wascovered by the 2006 Resident ManagersAgreement shall be covered by the 2010Resident Managers Agreement for theSuperintendent until one of the followingoccurs:

(a) Legal title of the building is transferred

(b) There is a change in Employer

(c) There is change in Superintendent

(d) There is a reduction in force

(e) There is a violation of Article I of thisagree ment or Article II of the Resident Man -agers Agreement (Subcontracting).

Immediately upon the occurrence of any ofthe above events, the building shall be coveredby the Working Superintendents provision of

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the 2010 Apartment Building Agreement forthe Superintendent.

If as a result of one of the above events thereis a new Employer, such Employer shall nothave access to the 2010 Resident ManagersAgreement for the Superintendent.

5. Buildings which do not fall within anycategory set forth in Section 2 hereof, will becovered by the 2010 RAB Working Super -intendents section of this agreement regardlessof the size of the work force.

6. (a) Resident Managers will not performthe duties of apartment building employees onstrike after the expiration of the 2010Apartment Building Agreement except for:

(1) Emergencies involving health and safetyof the building.

(2) Work which the Resident Managernormally performs during non-strike periods.

(b) Violation of Section 6(a) hereof willcancel the existing Resident ManagersAgreement for the building in which theviolation occurs and the Resident Manager willbe covered by the successor RAB WorkingSuperintendent section of the ApartmentBuilding Agreement for the term of suchsuccessor agreement.

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7. The Union will not interfere with ResidentManagers in the performance of their assignednon-bargaining unit duties. The bargaining unitreferred to herein is the unit under the 2010Apartment Building Agreement.

ARTICLE XVIIGeneral Clauses

1. Differentials.

Existing wage differentials among classes ofworkers within a building shall be maintained.It is recognized that wage differentials otherthan those required herein may exist or arisebecause of wages above the minima required bythis agreement. No change in such differentialsshall be considered a violation of thisagreement unless it appears that it results froman attempt to break down the wage structure forthe building.

Where an obvious inequity exists by reasonof an employee’s regular application ofspecialized abilities in their work, the amountor correctness of the differential or wage maybe determined by grievance and/or arbitration.

Notwithstanding the above, it is understoodthat licensed engineers covered under thisAgreement shall receive the same wages andbenefits as paid to engineers under the RealtyAdvisory Board (RAB) Agreement coveringlicensed engineers in New York City except

that Pension, Health, Legal and Training Fundcontributions shall continue to be paid underthe terms of this Agreement.

2. Pyramiding.

There shall be no pyramiding of overtimepay, sick pay, holiday pay or any otherpremium pay. If more than one of the aforesaidare applicable, compensation shall be computedon the basis giving the greatest amount.

3. Holidays – The following are therecognized contract holidays:Holiday 2010 2011 2012 2013 2014

New Years Day Saturday Sunday Tuesday WednesdayJan. 1 Jan. 1 Jan. 1 Jan. 1

Martin Luther Monday Monday Monday MondayKing Day Jan. 17 Jan. 16 Jan. 21 Jan. 20

President’s Day Monday Monday Monday MondayFeb. 21 Feb. 20 Feb. 18 Feb. 17

Memorial Day Monday Monday MondayMay 31 May 30 May 28

Independence Sunday Monday WednesdayJul. 4 Jul. 4 Jul. 4

Labor Day Monday Monday MondaySept. 6 Sept. 5 Sept. 3

Columbus Day Monday Monday Monday MondayOct. 11 Oct. 10 Oct. 8 Oct. 14

Election Day Tuesday Tuesday Tuesday TuesdayNov. 2 Nov. 8 Nov. 6 Nov. 5

Thanksgiving Thursday Thursday Thursday ThursdayDay Nov. 25 Nov. 24 Nov. 22 Nov. 28

Christmas Day Saturday Sunday Tuesday WednesdayDec. 25 Dec. 25 Dec. 25 Dec. 25

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Elective Holiday: Select one of the followingor a personal day at the option of the employee.

Holiday 2010 2011 2012 2013 2014

Lincoln’s Saturday Sunday Tuesday WednesdayBirthday Feb. 12 Feb. 12 Feb. 12 Feb. 12

Good Friday Friday Friday Friday FridayApr. 22 Apr. 6 Mar. 29 Apr. 18

Yom Kippur Saturday Saturday Wednesday SaturdaySept. 18 Oct. 8 Sept. 26 Sept. 14

Eid al-Fitr Friday Wednesday Sunday ThursdaySept. 10 Aug. 31 Aug. 19 Aug. 8

Sept. 11th Saturday Sunday Tuesday WednesdayDay of Sept. 11 Sept. 11 Sept. 11 Sept. 11Remembrance

In the event the employee selects a personalday in accordance with the above schedule itshall be granted according to the followingprovision:

Employees entitled to a personal day may selectsuch day off on five (5) days notice to theEmployer provided such selection does not resultin a reduction of employees in the building below75% of the normal work staff. Such selection shallbe made in accordance with seniority.

The Employer shall post a holiday scheduleon the bulletin board and it shall remain postedthroughout the year.

Employees shall receive their regular straighttime hourly rates for the normal eight (8) hourworking day not worked, and if required to workon a holiday, shall receive in addition to the pay

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above mentioned, premium pay at the rate of timeand one-half their regular straight-time hourly rateof pay for each hour worked with a minimum offour (4) hours premium pay. Any employee whois required to work on a holiday beyond eight (8)hours shall continue to receive the compensationabove provided for holiday work, namely pay atregular straight-time rate plus premium pay attime and one-half regular straight-time rate.

Any regular full-time employee ill in anypayroll week in which a holiday falls is entitledto holiday pay or corresponding time off(meaning one day) if the employee worked atleast one (1) day during the said payroll week.

Any regular full-time employee whoseregular day(s) off falls on a holiday, shallreceive an additional day’s pay therefore or atthe option of the Employer, an extra workdayoff within ten (10) days immediately precedingor succeeding the holiday. If the employeereceives the extra day off before the holidayand employment is terminated for any reasonwhatever, the employee shall not be required tocompensate the Employer for that day.

Holiday Substitution Committee. The partiesshall form a joint committee to evaluate thepotential substitution of personal days forholidays provided under Article XVII, Section 3.The Committee shall be empowered to considerand/or implement a pilot program at selected

buildings, select holidays appropriate forsubstituting, and establish guidelines for thescheduling of personal days.

4. Personal Day.

All employees shall receive a personal day ineach contract year. This personal day is inaddition to the holidays listed in paragraph 3above. The personal day shall be scheduled inaccordance with the following provision:

Employees may select such day off on five(5) days notice to the Employer provided suchselection does not result in a reduction ofemployees in the building below 75% of thenormal work staff. Such selection shall be madein accordance with seniority.

5. Voting Time.

Election Day is a recognized holiday and anyemployee who is required to work and whogives legal notice shall be allowed two (2)hours off, such hours to be designated by theEmployer, while the polls are open. Said two(2) hours shall be included in the eight (8) hourday for which such employee receives hisregular straight-time idle pay, but shall not beconsidered as hours actually worked for thepurpose of premium pay.

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6. Schedules.

Overtime, Sunday and holiday work shall beevenly distributed so far as is compatible withthe efficient operation of the building, exceptwhere Sunday is a regular part of theworkweek.

7. Relief Employees.

Relief or part-time employees shall be paidthe same hourly rate as full-time employees inthe same occupational classification.

8. Method of Payment of Wages.

All wages, including overtime, shall be paidweekly in cash or by check, with an itemizedstatement of payroll deductions.

If a regular pay day falls on a holiday,employees shall be paid on the day before.

Employees paid by check who work duringregular banking hours shall be given reasonabletime to cash their checks exclusive of theirbreak and lunch period. The Employer shallmake suitable arrangements at a convenientbank for such check cashing.

In the event an Employer’s check to anemployee for wages is returned due toinsufficient funds on a bona fide basis twicewithin a year’s period, the Employer shall be

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required to pay all employees by cash orcertified check.

The Employer may require, at no cost to theemployee, that an employee’s check beelectronically deposited at the employee’sdesignated bank or a paycheck card may beutilized. The Union shall be notified by theEmployer of this arrangement.

The Union recognizes that certain employeesand Employers desire to utilize a bi-weeklypayroll schedule. Employers recognize that bi-weekly pay may create hardships for certainemployees. The parties have previously agreedto create an industry-wide committee to studythe bi-weekly pay issue. The industry-widecommittee is now authorized to conduct pilotprograms instituting bi-weekly pay at anyselected residential building(s) where theUnion and the Employer agree to institute bi-weekly pay. If bi-weekly pay is permittedunder the Commercial Building Agreement,then it should be permitted under thisAgreement.

9. Leave of Absence and Pregnancy Leave.

(a) Once during the term of this Agreement,upon written application to the Employer andthe Union, a regular full-time employee(exclud ing a working Superintendent) em -ployed in the building for five (5) years or more

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shall be granted a leave of absence for illness orinjury not to exceed six (6) months.

The leaves of absence outlined above aresubject to an extension not exceeding six (6)months in the case of bona fide inability towork whether or not covered by the New YorkState Workers’ Compensation Law or NewYork State Disability Benefits Law. When suchemployee is physically and mentally able toresume work, that employee shall on one (1)week’s prior written notice to the Employer bethen reemployed with no seniority loss.

In cases involving on-the-job injuries,employees who are on medical leave for morethan one (1) year may be entitled to return totheir jobs if there is good cause shown.

(b) Regular full-time employees (excludinga working Superintendent) employed for two(2) years but less than five (5) years shall begranted a leave of absence for illness or injurynot to exceed sixty (60) days.

(c) In buildings where there are more thanfour (4) employees, an employee shall beentitled to a two (2) week leave of absencewithout pay for paternity/ maternity leave. Theleave must be taken immediately following thebirth or adoption of the child.

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Pregnancy shall be treated as any otherdisability suffered by an employee inaccordance with applicable law.

(d) Once every five (5) years, upon six (6)weeks’ written application to the Employer, aregular full-time employee (excluding aworking Superintendent) employed in thebuilding for five (5) years or more shall begranted a leave of absence for personal reasonsnot to exceed four (4) months. Upon returningto work, the employee shall be reemployedwith no loss of seniority. Any time limitationwith regard to the six (6) weeks writtenapplication shall be waived in cases where anemergency leave of absence is required.

(e) Any employee requesting a personalleave of absence shall be covered for healthbenefits during the period of the leave providedthe employee requests welfare coverage whileon leave of absence and pays the Employer inadvance for the cost of same.

(f) Any employee on leave due to workers’compensation or disability shall continue to becovered for health benefits without thenecessity of payment to the Employer inaccordance with Article X, Paragraph A, Sub-paragraph 1.

(g) Any Employer who is required by law tocomply with the provisions of the Family and

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Medical Leave Act (FMLA), shall comply withthe requirements of said act.

(h) The RAB will encourage Employers tocooperate in granting leaves of absence forUnion business.

10. Vacations and Vacation Replacements.

a. Every employee employed with sub stantialcontinuity in any building or by the sameEmployer shall receive each year a vacationwith pay, as follows:

Employees who have worked

6 Months ...................................3 working days1 Year ...................................................2 weeks5 Years..................................................3 weeks15 Years................................................4 weeks21 Years ................................. 21 working days22 Years ..................................22 working days23 Years ..................................23 working days24 Years ..................................24 working days25 Years................................................5 weeks

Length of employment for vacation shall bebased upon the amount of vacation anemployee would be entitled to on September15th of the year in which the vacation is given,subject to grievance and arbitration where theresult is unreasonable.

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Part-time employees regularly employedshall receive proportionate vacation allowancebased on the average number of hours per weekthey are employed.

Firemen who have worked substantially one(1) firing season in the same building or for thesame Employer, when laid off, shall be paid atleast three (3) days’ wages in lieu of vacation.

Firemen who have been employed more thanone (1) full firing season in the same buildingor by the same Employer shall be consideredfull-time employees in computing vacations.

Regular days off and contract holidaysfalling during the vacation period shall not becounted. If a contract holiday falls during theemployee’s vacation period, the employee shallreceive an additional day’s pay therefore, or, atthe Employer’s option, an extra day off withinten (10) days immediately preceding orsucceeding a vacation.

Vacation wages shall be paid prior to thevacation period unless otherwise requested bythe employee, who is entitled to actual vacationand who cannot instead be required to acceptmoney.

Any Employer who fails to pay vacation payin accordance with this provision where thevacation has been regularly scheduled shall pay

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an additional two (2) days pay for each vacationweek due at that time.

When compatible with the proper operationof the building, choice of vacation periods shallbe according to building seniority and confinedto the period beginning May 1st and endingSeptember 15th of each year. These dates maybe changed and the third vacation week may betaken at a separate time by mutual agreement ofthe Employer and the employee.

The fourth and fifth week of vacation may, atthe Employer’s option, be scheduled, upon two(2) weeks’ notice to the employee, for a weekor two weeks other than the period when theemployee takes the rest of his/her vacation.

Any employee leaving their job for anyreason, shall be entitled to a vacation accrualallowance computed on the employee’s lengthof service as provided in the vacation schedulebased on the elapsed period from the previousSeptember 16th (or from the date of theemployee’s employment if later employed) tothe date of their leaving. Any employee whohas received a vacation during the previousvacation period (May 1st through September15th) and who leaves their job during the nextvacation period under circumstances whichentitled the employee to vacation accrual rights,shall be entitled to full vacation accrualallowances instead of on the basis of the

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elapsed period from the previous September16th. Any employee who has received novacation and has worked at least six (6) monthsbefore leaving their job shall be entitled tovacation allowance equal to the vacationallowance provided above.

No employee leaving their position of theirown accord shall be entitled to accrued vacationunless the employee gives five (5) workingdays’ termination notice.

Any Employer assuming this Agreementshall be responsible for payment of vacationpay and granting of vacations required underthis Agreement which may have accrued priorto the Employer taking over the building lessany amounts paid or given for that vacationyear. In the event that the Employer terminatesits Employer-employee relationship under thisagreement and the successor Employer doesnot have an agreement with the Unionproviding for at least the same vacationbenefits, the Employer shall be responsible forall accrued vacation benefits.

b. A person hired solely for the purpose ofrelieving employees for vacation shall be paid60% of the minimum applicable regular hourlywage rate. Should a vacation relief employeecontinue to be employed beyond five months,such employee shall be paid the wage rate of a

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new hire or experienced person as the case maybe. If a vacation replacement is hired for apermanent position immediately after workingas a vacation replacement, such employee shallbe credited with time worked as a vacationreplacement toward completion of the 30-month period required to achieve the full rate ofpay under the “New Hires” provision.

In the event that the arbitrator finds that anEmployer is using this rate as a subterfuge,such arbitrator may, among other remedies,award full pay from the date of employment atthe applicable hiring rate.

No contribution to any Benefit Funds shall bemade for a vacation relief person.

11. Day of Rest.

Each employee shall receive at least one (1)full day of rest in every seven (7) days.

12. Uniforms and Other Apparel.

Uniforms and work clothes where they havebeen required by the Employer or wherenecessary for the job shall be supplied andmaintained by the Employer. All uniforms shallbe appropriate for the season.

It is understood that where the Employerdoes not require uniforms, the employees shallbe free to wear suitable clothing of their choice.

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Employees doing outside work shall befurnished adequate wearing apparel for thepurpose.

In buildings of 500,000 square feet or more,the Employer shall be required to furnishuniforms and work clothes.

13. First Aid Kit.

An adequate and complete first aid kit shallbe supplied and maintained by the Employer ina place readily available to all employees.

14. Fire and Flood Call.

Employees on fire and/or flood call shall bereimbursed for all loss of personal effectsincurred in the line of duty.

15. Eye Glasses and Union Insignia.

Employees may wear eye glasses and theUnion insignia while on duty.

16. Bulletin Board.

A bulletin board shall be furnished bythe Employee exclusively for Unionannouncements and notices of meetings.

17. Sanitary Arrangements.

Adequate sanitary arrangements shall bemaintained in every building, and individuallocker and key thereto and rest room key,

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where rest room is provided, and soap, towelsand washing facilities, shall be furnished by theEmployer for all employees. The rest room andlocker room shall be for the sole use ofemployees servicing and maintaining thebuilding.

18. Replacements, Promotions, Vacancies,Trial Period, Seniority and Newly HiredEmployees.

a. In filling vacancies or newly createdpositions in the bargaining unit, preferenceshall be given to those employees alreadyemployed in the building, based upon theemployee’s seniority, but training, ability,efficiency, appearance and personality for aparticular job, shall also be considered.

All vacancies and newly created positionsshall be subject to a posting in the respectivebuilding for a period of seven (7) calendar daysso that bargaining unit employees can expressan interest in filling the position. In buildingswhere the Employer employs fifteen (15) ormore employees, if the filling of the initiallyposted vacancy or newly created positioncauses another vacancy, that vacancy shall besubject to a posting in the building. Anysubsequent vacancy caused by the filling of aposted position shall not be required to beposted before being filled.

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If a present employee cannot fill the jobvacancy, the Employer must fill the vacancy inaccordance with the other terms of thiscollective bargaining agreement.

In the event that a new classification iscreated in a building, the Employer shallnegotiate with the Union a wage rate for thatclassification.

In case of layoffs due to reduction of force,departmental seniority shall be followed,except as provided in Article XVII, Section20(c) below, with due consideration for theefficiency and special needs of the department.

In filling vacancies or newly createdpositions the wages shall be those prevailingand in force in the building for similar work,excluding extra pay attributable to years ofservice or special considerations beyond therequirements of the job which the replacementis not qualified to meet.

In applying the foregoing paragraphs, thejudgment of the Employer shall control, subjectto grievance and arbitration.

b. There shall be a trial period for all newlyhired employees for sixty (60) calendar daysexcept as provided for Superintendents inArticle XVI paragraph 6.

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c. Anyone employed as an “extra” or acontingent with substantial regularity for aperiod of four (4) months or more, shall receivepreference in steady employment, otherconsiderations being equal.

d. The seniority date for all positions underthe agreement shall be the date the employeecommenced working in the building for theagent and/or owner regardless of whether thereis a collective bargaining agreement andregardless of the type of work performed by theemployee.

e. A New Hire employed in the “other”category shall be paid a starting rate of eightypercent (80%) of the minimum wage rate. ANew Hire employed as a “superintendent” in abuilding with five (5) or fewer employees maybe paid a starting rate of eighty percent (80%)of the applicable contract rate.

Upon completion of thirty (30) months ofemployment, the New Hire shall be paid thefull minimum wage rate. For purposes of thisprovision, thirty (30) months of employmentshall include each month (counting portions ofa month in excess of fifteen (15) days as a fullmonth but excluding employment as a vacationrelief unless such vacation relief workimmediately precedes permanent hire as notedin Section 10(b) above) that a New Hire worked

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in the New York City Building Industry(“Industry”) during the twenty-four (24)months immediately preceding the date of hireby the current employer.

Any employee who was employed in theindustry as of April 20, 1997 shall beconsidered an “Experienced Employee.” AnExperienced Employee shall receive the fullminimum rate of pay from the date of hire.

There shall be no Employer contributions tothe Building Service Pension Fund on behalf ofany New Hire employed in the category of“Other” during the first year of employment(until April 21, 2010 for those who have beenemployed more than one (1) but less than two(2) years prior to April 21, 2010). Employercontributions for employees described aboveshall be required commencing on the first dayof the month following the employee’scompletion of twelve (12) calendar months ofemployment with the Employer, less thenumber of calendar months (counting portionsof a month in excess of fifteen (15) days as afull month) worked in the Industry during thepreceding two (2) years (excludingemployment as a vacation relief unless suchvacation relief work immediately precedespermanent hire as noted in Section 10(b)above).

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There shall be no Employer contributions tothe Supplemental Retirement and Savings Fundon behalf of any New Hire employed in thecategory of “Other” during the first two (2)years of employment. Employer contributionsfor employees described above shall berequired commencing on the first day of themonth following the employee’s completion oftwenty-four (24) calendar months ofemployment with the Employer, less thenumber of calendar months (counting portionsof a month in excess of fifteen (15) days as afull month) worked in the Industry during thepreceding two (2) years (excludingemployment as a vacation relief unless suchvacation relief work immediately precedespermanent hire as noted in Section 10(b)above).

Contributions to the Building ServicePension Fund and Supplemental Retirementand Savings Fund shall commence after three(3) months of employment for employees hiredin job categories other than “Other” andExperienced Employees (those employed in theIndustry as of April 20, 1997).

No experienced employee may be terminatedor denied employment for the purpose of discrimination on the basis of his/hercompensation and/or benefits.

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The Union may grieve such discrimination inaccordance with the grievance and arbitrationprovisions of the Agreement (Article V andArticle VI).

If the arbitrator determines an experiencedemployee has been terminated or deniedemployment because of such discrimination,the arbitrator shall:

(1) In case of termination—reinstate theexperienced employee with full back pay andall benefits retroactive to date of experiencedemployee’s discharge.

(2) In case of failure to hire—If the arbitratordetermines that an experienced employee wasnot given preference for employment absentgood cause, he or she shall direct the Employerto hire the experienced employee with full backpay and benefits retroactive to date of denial ofhire.

19. Recall, Job Vacancies and Agency Fee.

(a) Any employee who has been employedfor one (1) year or more in the same building,and who is laid off, shall have the right ofrecall, provided that the period of the layoff ofsuch employee does not exceed six (6) months.

Recall shall be in the reverse order of laid offemployee’s departmental seniority. TheEmployer shall notify by certified mail, returnreceipt requested, the last qualified laid off

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employee at their last known address, of anyjob vacancy and a copy of this notice shall besent to the Union. The employee shall then begiven seven (7) days from the date of mailing ofthe letter in which to express in person or byregistered or certified mail a desire to accept theavailable job. In the event any employee doesnot accept recall, successive notice shall be sentto qualified employees until the list of qualifiedemployees is exhausted.

Upon re employment, full seniority status,less period of layoff, shall be credited to theemployee. Any employee who receivedtermination pay and is subsequently rehiredshall retain said termination pay and forpurpose of future termination pay shall receivethe difference between what the employee hasreceived and what the employee is entitled to ifsubsequently terminated at a future date. Anyvacation monies paid shall be credited to theEmployer against the current vacationentitlement. Further, in the event an Employeror agent has a job vacancy in a building wherethere are no qualified employees on layoffstatus, the Employer or agent shall use its bestefforts to fill the job vacancy from qualifiedemployees of the Employer or agent who are onlayoff status from other buildings.

(b) Upon the occurrence of any job vacancynot filled by current employees of theEmployer, or employees recalled pursuant to

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other provisions of this Agreement, theEmployer shall notify the Union and the NewYork State Employment Bureau (NYSEB) two(2) weeks prior to the existence of a vacancy.Such notice shall be confirmed in writing. Inthe event the Employer does not have two (2)weeks notice, it shall notify the Union and theNYSEB upon notice of the vacancy. TheNYSEB or the Union shall refer qualifiedapplicants to such a vacancy within three (3)working days of the request, or shorter periodsin the case of emergencies. If the NYSEB or theUnion are unable to refer qualified applicantssatisfactory to the Employer within three (3)working days, or such shorter period requiredby an emergency, the Employer shall be free tohire in the open market.

This procedure shall not be applicable if theEmployer hires directly an employeeexperienced in the building service industry.

When the Employer has hiring procedureswhich substantially make available work toexperienced employees in the building serviceindustry, the parties shall waive this provisionby mutual agreement. If the parties cannotagree, the matter shall be submitted toarbitration.

In the event the Union establishes a hiringhall during the life of this Agreement,

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appropriate substitute language shall be agreedupon.

No employee shall be employed through afee charging agency unless the Employer paysthe full fee.

20. Termination Pay.

(a) In case of termination of employmentbecause of the employee’s (excluding aworking Superintendent) physical or mentalinability to perform their duties, the employeeshall receive, in addition to accrued vacation,termination pay according to service in thebuilding or with the same owner, whichever isgreater, as follows:

Employees with: Pay:5 but less than 10 years.............1 week’s wages10 but less than 12 years...........2 weeks’ wages12 but less than 15 years...........3 weeks’ wages15 but less than 17 years...........6 weeks’ wages17 but less than 20 years...........7 weeks’ wages20 but less than 25 years...........8 weeks’ wages25 or more ..............................10 weeks’ wages

An employee physically or mentally unableto perform their duties may resign and receivethe above termination pay if the employeesubmits written certification from a physicianof such inability at the time of termination. Insuch event, the Employer may require theemployee to submit, at the Employer’s

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expense, to a medical examination by aphysician designated by the Employer todetermine if in fact the employee, is physicallyor mentally unable to perform their duties. Ifthe Employer’s designated physician disagreeswith the physician’s certification submitted bythe employee, the employee shall be examinedby a physician designated by the MedicalDirector of the Building Service Health Fund tomake a final and binding determinationwhether the employee is physically or mentallyunable to perform their duties.

(b) In case of termination of employment forany reason other than just cause or inaccordance with paragraph (a) above, theemployee shall receive, in addition to accruedvacation, termination pay according to years ofservice in the building or with the same owner,whichever is greater, as follows:

Employees with: Pay:0-5 years ...................................1 week’s wages5 but less than 10 years.............2 weeks’ wages10 but less than 12 years...........4 weeks’ wages12 but less than 15 years...........5 weeks’ wages15 but less than 17 years...........7 weeks’ wages17 but less than 20 years...........8 weeks’ wages20 but less than 22 years...........9 weeks’ wages22 but less than 25 years.........10 weeks’ wages25 or more ..............................11 weeks’ wages

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(c) The right to accept termination pay andresign where there has been a reduction in forceshall be determined by seniority, and notice ofsuch an intended layoff shall be posted in thebuilding. If no senior employee wishes toexercise their rights under this provision, theleast senior employees shall be terminated andshall receive applicable termination pay.

(d) “Week’s pay” in the above paragraphsmeans the regular straight-time weekly pay atthe time of termination. If the Employer offerspart-time employment to the employee entitledto termination pay, the employee shall beentitled to termination pay for the period oftheir full-time employment, and if theemployee accepts such part-time employment,the employee shall be considered a newemployee for all purposes. Where an employeewas placed on a part-time basis or suffered apay reduction because of a change in workcategory prior to May 21, 1967, and did notreceive termination pay based upon theirformer pay, “week’s pay” shall be determinedby agreement, or through grievance andarbitration.

(e) Any employee accepting termination paywho is re-hired in the same building or with thesame Employer shall be considered a new

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employee for all purposes except as provided inparagraph 19 of this Article (Recall).

For the purposes of this section, sale ortransfer of a building shall not be considered atermination of employment so long as theemployee or employees are hired by thepurchaser or transferee, in which case they shallretain their building seniority for all purposes.

21. Tools, Permits, Fines and LegalAssistance.

All tools, of which the Superintendent shallkeep an accurate inventory, shall be supplied bythe Employer. The Employer shall continue tomaintain and replace any special tools or toolsdamaged during ordinary performance of workbut shall not be obligated to replace “regular”tools if lost or stolen.

The Employer shall bear the expense ofsecuring or renewing permits, licenses orcertificates for specific equipment located onthe Employer’s premises and will pay fines andemployees’ applicable wages for required timespent for the violation of any codes, ordinances,administrative regulations or statutes, exceptany resulting from the employees’ grossnegligence or willful disobedience.

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The Employer shall supply legal assistancewhere required to employees who are servedwith summons regarding building violations.

22. Military Service.

All statutes and valid regulations aboutreinstatement and employment of veterans shallbe observed.

The Employers and the Union will cooperatein effort to achieve the objectives of thisprovision. They shall also consider theinstitution of plans to provide training ofemployees to improve their skills and to enterinto employment in the industry.

23. No Discrimination.

There shall be no discrimination against anypresent or future employee by reason of race,creed, color, age, disability, national origin,sex, sexual orientation, union membership, orany characteristic protected by law, including,but not limited to, claims made pursuant toTitle VII of the Civil Rights Act, the Americanswith Disabilities Act, the Age Discrimination inEmployment Act, 42 U.S.C. Section 1981,Family and Medical Leave Act, the New YorkState Human Rights Law, the New York CityHuman Rights Code, or any other similar laws,rules or regulations. All such claims shall besubject to the grievance and arbitration

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procedure (Articles V and VI) as sole andexclusive remedy for violations. Arbitratorsshall apply appropriate law in renderingdecisions based upon claims of discrimination.

The parties will create a Committee to studyrecruitment and retention issues for allunderrepresented groups in the residentialindustry.

24. Employees’ Rooms and Utilities.

Any employee occupying a room orapartment on the Employer’s property may becharged a reasonable rental therefore. If suchoccupancy is a condition of his employment,the premises shall be adequate and properlymaintained by the Employer in conformity withapplicable law, no rent shall be charged and theEmployer shall provide normal gas and electricservice and pay business telephone bills.

The value of the apartment and servicesprovided therewith such as gas, electric andbusiness phone, shall not be treated as orincluded for any purpose in the wage,remuneration or other income of suchemployee to the extent permitted by law.

If the Employer terminates the services of anemployee occupying a living space in thebuilding the Employer shall give the employeethirty (30) days’ written notice to vacate, except

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where there is a discharge for a serious breachof the employment contract.

25. Definitions.

A handyperson differs from an elevatoroperator, porter, hall person, etc., because bytraining and experience he possesses a certainamount of mechanical or technical skill anddevotes more than fifty (50) percent of hisworking time in a building to work involvingsuch skills.

Others include elevator operators, guards,doorpersons, porters, porter/watchpersons,watchpersons, security porters, securityemployees, fire safety directors, exterminatorsand all other service employees employed inthe building under the jurisdiction of the Unionexcept Superintendents and handypersons.

All reference to the male gender shall bedeemed to include the female gender.

26. Required Training Programs.

The Employer shall compensate, at straight-time pay, any employee now employed in abuilding for any time required for the employeeto attend any instruction or training program inconnection with the securing of any license,permit or certificate required by the Employerfor the performance of duties in the building.

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Time spent shall be considered as time workedfor the purpose of computing overtime pay.

The Thomas Shortman School shallestablish, for new and existing employees, a“Quality of Life” training program which shallinclude, but not be limited to, tenant relationsand appropriate conduct by residentialemployees.

27. Garnishments.

No employee shall be discharged or laid offbecause of the service of an income execution,unless in accordance with applicable law.

28. Death in Family.

A regular, full or part-time employee with atleast one (1) year of employment in thebuilding shall not be required to work for amaximum of three (3) days immediatelyfollowing the death of their parent, brother,sister, spouse or child, and shall be paid regular,straight-time wages for any of such three dayson which the employee was regularlyscheduled to work, or entitled to holiday pay.

With respect to grandparents, the Employershall grant a paid day off on the day of thefuneral if such day is a regularly scheduledworkday.

29. Union Visitation.

Any business agent or other duly authorizedrepresentative of the Union shall have access tothe buildings or sites where union members areemployed to determine whether the terms ofthis agreement are being complied with. Accessshall be granted only if there is prior notice tothe Employer and such access does not interferewith the work being performed at the building.

30. Jury Duty.

Employees who are required to qualify orserve on juries shall receive the differencebetween their regular rate of pay and theamount they receive for qualifying or servingon said jury with a maximum of two (2) weeksin each calendar year.

Pending receipt of the jury duty pay, theEmployer shall pay the employee his regularpay on his scheduled pay day. As soon as theemployee receives jury duty pay, he shallreimburse his Employer by signing the juryduty pay check over to the Employer.

Employees who serve on a jury shall not berequired to work any shift during such day. Ifan employee is a weekend employee andassigned to jury duty, he shall not be required towork the weekend.

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In order to receive jury duty pay, theemployee must notify the Employer at least two(2) weeks before he is scheduled to serve.

If less notice is given by the employee, thenotice provision regarding change in shift shallnot apply.

31. Identification.

Employees may be required to carry withthem and exhibit proof of employment on thepremises. The RAB and the Union may appointa committee within thirty (30) days of thesigning of this Agreement to establish a systemfor this purpose. If such system is not timelyestablished, either party may submit the matterto arbitration.

32. Service Center Visit.

Every regular full-time employee who hasbeen employed in the building for one (1) yearor more shall be entitled, upon one (1) week’snotice to his Employer, to take one (1) day offin each calendar year at straight time pay tovisit the office of any one of the benefit funds,for the purpose of conducting business at thebenefit office, or to visit an employee’spersonal physician, upon a showing of proof.

Such employee shall receive an additionalone (1) day off with pay to visit the BenefitFunds office or to visit the employee’s personalphysician’s office if such office requires such a

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visit. If the additional day is to visit a personalphysician, the Employer can request, and theemployee must provide, a HIPAA compliantrelease (to be developed by the Health Fund)sufficient to provide proof that the employeevisited the personal physician at the physician’srequest for this additional one (1) day.

In the event that an employee chooses to visitany one of the benefit fund offices after havingused up their entitlement pursuant to the abovetwo (2) paragraphs, they may use anyremaining sick days for that purpose.

33. Death of Employee.

If any employee dies after becoming entitledto but before receiving any wage or payhereunder, it shall be paid to his estate, orpursuant to Section 1310 of the New YorkSurrogate’s Court Procedure Act, unlessotherwise provided herein. This shall not applyto benefits under Article X, where the rules andregulations of the Health and Pension Fundsshall govern.

34. Government Decrees.

If because of legislation, governmentaldecree or order, any increase or benefit hereinprovided is in any way blocked, frustrated,impeded or diminished, the Union may uponten (10) days’ notice require negotiationbetween the parties to take such measures and

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make such revisions in the contract as maylegally provide substitute benefits andimprovements for the employees at no greatercost to the Employer. If they cannot agree, thedispute shall be submitted to the Arbitrator.

In the event that any provision of thiscontract requires approval of any governmentagency, the RAB shall cooperate with theUnion with respect thereto.

35. Common Disaster.

There shall be no loss of pay as a result ofany Act of God or common disaster causing theshut down of all or virtually all publictransportation in the City of New York, makingit impossible for employees to report for work,or where the Mayor of the City of New York orthe Governor of the State of New York directsthe citizens of the City not to report for work.The Employer shall not be liable for loss of payof more than the first full day affected by suchAct of God or common disaster. Employeesnecessary to maintain the safety or security ofthe building shall be paid only if they have noreasonable way to report to work andemployees refusing the Employer’s offer ofalternate transportation shall not qualify forsuch pay. The term “public transportation” asused herein shall include subways and buses.

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36. Rent Collection.

No employee as part of their usual andregular duties shall be required to retain cashrent for more than twenty-four (24) hours.

37. Lie Detector.

The Employer shall not require, request orsuggest that an employee or applicant foremployment take a polygraph or any other formof lie detector test.

38. Saving Clause.

If any provision of this agreement shall beheld illegal or of no legal effect, it shall bedeemed null and void without affecting theobligations of the balance of this agreement.

39. Complete Agreement.

This agreement constitutes the fullunderstanding between the parties and, exceptas they may otherwise agree, there shall be nodemand by either party for the negotiation orrenegotiation of any matter covered or notcovered by the provisions hereof.

40. Transportation Costs.

The RAB will encourage its members toadopt a qualified transportation fringe benefitprogram pursuant to which employees may payfor certain qualified transportation costs (e.g.transit passes, qualified parking) on a pre-tax

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basis, to the extent permitted by law. The RABwill make information available to its membersthat is necessary to assist them in the adoptionand implementation of the program.

41. Method of Service.

The parties agree that all references in theAgreement to “telegram” shall be deleted andreplaced with “facsimile and also by hand.”

42. Security Background Checks.

On change of ownership or conversion of thestatus of a building or employee, employeesmay be subject to security background checks.An employee shall cooperate with an Employeras necessary for obtaining security backgroundchecks. Any employee who refuses tocooperate shall be subject to termination.Notwithstanding the above, Employers shallnot subject employees to security backgroundchecks on a disciplinary or retaliatory basis.Any disciplinary action imposed arising fromsecurity background check results shall only befor just cause.

All security background checks shall beconfidential and may be disclosed only to theRAB and the Union; as necessary for theadministering of this Agreement; and/or asrequired by law. The Employer shall pay allcosts of any security background checks.

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43. Notices.

All notices required to be sent to the Unionshall be addressed to the Union’s Director ofContracts and Grievances.

44. Building Safety

The Employer shall continue to provide safeand healthy working conditions. The RAB andthe Union will create a Committee to studyenvironmentally conscious best work practices.

ARTICLE XVIIITerm of Agreement and Renewals

If legislation is enacted which eliminates orreduces present state law regarding Labor PassAlong, the RAB may, upon 90 days notice tothe Union, cancel this Agreement.

This Agreement shall continue in full forceand effect up to and including April 20, 2014.

Upon the expiration date of this Agreement,the same shall continue in full force and effectfor an extended period until a successoragreement has been executed. During theextended period, all terms and conditions shallbe in effect and the parties shall negotiate for asuccessor agreement retroactive to theexpiration date. All provisions andimprovements in such successor agreement

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shall be retroactive unless such agreement shallotherwise provide.

In the event the parties are unable to agreeupon the terms of a successor agreement, eitherparty upon ten (10) days’ written notice to theother party may cancel this agreement. Suchcancellation shall not apply to Article IX,Section 4 for a period of six (6) months after theexpiration date of the Agreement.

Sixty (60) days before said expiration date,the parties shall enter into direct negotiationslooking towards a renewal Agreement.

If fifteen (15) days before this Agreementexpires, the parties shall not have been able toagree upon the terms of a new agreement, bothparties will thereupon confer with the NewYork State Employment Relations Board forthe purpose of conciliating their differences.

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IN WITNESS WHEREOF, the parties havehereunto set their hands and seals the day andyear first above written.

REALTY ADVISORY BOARD ON LABORRELATIONS, INCORPORATED

Howard RothschildPresident

SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ

Michael P. FishmanPresident

MINIMUM WAGE RATES FORAPARTMENT BUILDING STAFF

(Excluding Superintendents)

EffectiveAPRIL 21, 2010 to APRIL 20, 2011

(40-Hour Standard Work Week of Five 8-Hour Days)

Regular Overtime WeeklyHourly Rate Hourly Rate Wage

Class A

Handyperson $21.9158 $32.8736 $876.63Others $19.8408 $29.7611 $793.63

Class B

Handyperson $21.8580 $32.7870 $874.32Others $19.7830 $29.6745 $791.32

Class C

Handyperson $21.8003 $32.7004 $872.01Others $19.7253 $29.5879 $789.01

108

MINIMUM WAGE RATES FORAPARTMENT BUILDING STAFF

(Excluding Superintendents)

EffectiveAPRIL 21, 2011 to APRIL 20, 2012

(40-Hour Standard Work Week of Five 8-Hour Days)

Regular Overtime WeeklyHourly Rate Hourly Rate Wage

Class A

Handyperson $22.3408 $33.5111 $893.63Others $20.2158 $30.3236 $808.63

Class B

Handyperson $22.2830 $33.4245 $891.32Others $20.1580 $30.2370 $806.32

Class C

Handyperson $22.2253 $33.3379 $889.01Others $20.1003 $30.1504 $804.01

109

MINIMUM WAGE RATES FORAPARTMENT BUILDING STAFF

(Excluding Superintendents)

EffectiveAPRIL 21, 2012 to APRIL 20, 2013

(40-Hour Standard Work Week of Five 8-Hour Days)

Regular Overtime WeeklyHourly Rate Hourly Rate Wage

Class A

Handyperson $22.9408 $34.4111 $917.63Others $20.7658 $31.1486 $830.63

Class B

Handyperson $22.8830 $34.3245 $915.32Others $20.7080 $31.0620 $828.32

Class C

Handyperson $22.8253 $34.2379 $913.01Others $20.6503 $30.9754 $826.01

110

MINIMUM WAGE RATES FORAPARTMENT BUILDING STAFF

(Excluding Superintendents)

EffectiveAPRIL 21, 2013 to APRIL 20, 2014

(40-Hour Standard Work Week of Five 8-Hour Days)

Regular Overtime WeeklyHourly Rate Hourly Rate Wage

Class A

Handyperson $23.5658 $35.3486 $942.63Others $21.3408 $32.0111 $853.63

Class B

Handyperson $23.5080 $35.2620 $940.32Others $21.2830 $31.9245 $851.32

Class C

Handyperson $23.4503 $35.1754 $938.01Others $21.2253 $31.8379 $849.01

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2 0 1 0APARTMENT

BUILDINGAGREEMENT

MINIMUM WAGE RATES2010 - 2014 (See pages 108-111)

REALTY ADVISORY BOARDON LABOR RELATIONS,

INCORPORATED

292 Madison AvenueNew York, N.Y. 10017

(212) 889-4100

SERVICE EMPLOYEESINTERNATIONAL UNION, LOCAL 32BJ

101 Avenue of the AmericasNew York, New York 10013-1906

(212) 388-3800