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June 3, 2020

FROM: Steven Davi

Steven N. Davi

Executive Director and General Counsel

Reopening Guidance - Proposed Work Rule and Other Interim Changes

As we reported in prior Bulletins, the Reopening Guidance issued by New York State on May 14 applicable to construction designated for reopening in Phase One of the governor’s New York Forward“ Plan tracks in large part the BCTC-REBNY Covid-19 remobilization plan that was developed in April and early May with coordinated input from the BTEA and individual trade associations including Allied.  The state’s Reopening Guidance fits with many of the practices (i) already in place on union essential construction projects that have remained active despite the New York ON PAUSE mandate or (ii) contemplated to be implemented on non-essential union construction sites scheduled for reopening next week. 

One area the state’s Reopening Guidance does not address is the implementation of Covid-19-related temporary adjustments to work rules, work schedules, and overtime and premium pay provisions that have been under discussion within the union construction industry since April.  

Proposed Work Rule and Other Interim Changes

 As we look ahead to the reopening of “non-essential” construction in New York City next week, the iron workers, as well as numerous other building trades, at the recommendation of the BCTC, have agreed in principle to the implementation of the following changes to work schedules, overtime and premium pay provisions for a period of sixty (60) days starting on or about June 8, 2020: 

  • Staggered start times between 6 a.m. and 10 a.m.;
  • Five eight-hour shifts, Monday through Friday or, alternatively, four ten-hour shifts paid at straight time rates, Monday through Thursday or Tuesday through Friday;
  • Second and third shifts, Monday through Friday, paid at a five percent premium on wages and benefits, unless the NYC Comptroller’s Prevailing Wage Schedule provides for no shift premium on benefits; and
  • All weekend work paid in accordance with applicable collective bargaining agreements.

The BCTC is looking for each individual trade to formalize the above bulleted terms with their respective employer associations by way of the attached model letter agreement.

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