---
contract_id: dc37-l924-laborers-consent-determination-2021-2026
label: "DC37 L924 Laborers Consent Determination, 2021-2026"
expanded_label: "District Council 37 of AFSCME (DC37) — L924 Laborers Consent Determination, 2021-2026"
term_start: 2021
term_end: 2026
source_pdf: "https://www.nyc.gov/assets/olr/downloads/pdf/collectivebargaining/2021-2026/City_Laborer_2021-06-16--2026-07-15.pdf"
pages: 35
ocr_pages: 0
pages_with_tables: 4
clauses: 23
sector: "skilled-trades"
---

# District Council 37 of AFSCME (DC37) — L924 Laborers Consent Determination, 2021-2026

**Term:** 2021–2026  
**Source PDF:** [https://www.nyc.gov/assets/olr/downloads/pdf/collectivebargaining/2021-2026/City_Laborer_2021-06-16--2026-07-15.pdf](https://www.nyc.gov/assets/olr/downloads/pdf/collectivebargaining/2021-2026/City_Laborer_2021-06-16--2026-07-15.pdf)  
**Pages:** 35  
**Clauses extracted:** 23

**Workforce:** DC37 L924 Laborers Consent Determination, 2021-2026 — see contract for the full recognition clause defining covered titles.

> This Markdown export is derived from the source PDF via `pdfplumber` text extraction with `ocrmac` (macOS Vision) OCR fallback for image-only pages. Tables were detected and rendered as pipe-delimited Markdown so column boundaries survive. Pages flagged `OCR` were reconstructed from page images and may contain minor character recognition errors — verify quotations against the source PDF before publishing.

---

## Contents

- [THE COMPTROLLER OF THE CITY OF NEW YORK](#the-comptroller-of-the-city-of-new-york-p1)
- [NOTICE](#notice-p1)
- [FILING](#filing-p1)
- [HENRY GARRIDO](#henry-garrido-p2)
- [BEFORE THE COMPTROLLER OF THE CITY OF NEW YORK](#before-the-comptroller-of-the-city-of-new-york-p3)
- [CONSENT DETERMINATION](#consent-determination-p3)
- [RENEECAMP](#reneecamp-p10)
- [BRAD LANDER](#brad-lander-p10)
- [GENERAL RELEASE AND W AIYER](#general-release-and-w-aiyer-p11)
- [DANIEL KATZ](#daniel-katz-p11)
- [DANIEL KATZ](#daniel-katz-p13)
- [DANIEL KATZ](#daniel-katz-p15)
- [ON BEHALF OF DISTRICT COUNCIL 37](#on-behalf-of-district-council-37-p19)
- [DANJELKATZ](#danjelkatz-p19)
- [APPENDIX A](#appendix-a-p20)
- [Section 4](#section-4-p20)
- [Section 1](#section-1-p22)
- [WITH PAY](#with-pay-p24)
- [OFFICIAL PP'J'IP](#official-pp-j-ip-p26)
- [OFFICE OF LABOR RELATIONS](#office-of-labor-relations-p29)
- [OFFICE OF LABOR RELATIONS](#office-of-labor-relations-p32)
- [RENEE CAMPION GEORGETTE GESTELY](#renee-campion-georgette-gestely-p32)
- [CLAIRE LEVITT](#claire-levitt-p32)

---

<a id="the-comptroller-of-the-city-of-new-york-p1"></a>
### THE COMPTROLLER OF THE CITY OF NEW YORK
_Page 1_

---------------------------------------------------------------------------X
In the matter of the Complaint of

<a id="notice-p1"></a>
### NOTICE
_Page 1_

Local Union 924, District Council 37, AFSCME, AFL-CIO OF

<a id="filing-p1"></a>
### FILING
_Page 1_ · _Topics: wages_

Against
CITY OF NEW YORK OFFICE OF LABOR RELATIONS,
For a determination of the prevailing rate of wage and
supplements in accordance with New York State Labor Law
Article Eight
---------------------------------------------------------------------------X
PLEASE TAKE NOTICE that annexed hereto, is a true copy of a Consent Determination
that was duly filed on July 23, 2025, in the Office of the Comptroller in the matter of a complaint
for the fixation of compensation of Laborer (90753) and City Laborer (90702).
Brad Lander
Comptroller of the City of New York
One Centre Street
New York, NY 10007
(
By: ______________________
Paul Brumlik
Director of Classifications
Bureau of Labor Law
Tel: (212) 669-2161
Page 1 of 2


TO: RENEE CAMPION
Commissioner
City of New York Office of Labor Relations
40 Rector Street, 4th Floor
New York, NY 10006

<a id="henry-garrido-p2"></a>
### HENRY GARRIDO
_Page 2_

Executive Director
DC 37, AFSCME, AFL-CIO
125 Barclay Street
New York, NY 10007-2179
Page 2 of 2


| Period | Hourly Rate |
| --- | --- |
| 06/16/2021 to 06/15/2022 | $37.34 |
| 06/16/2022 to 06/15/2023 | $37.87 |
| 06/16/2023 to 06/15/2024 | $39.01 |
| 06/16/2024 to 06/15/2025 | $40.18 |
| 06/16/2025 to 07/15/2026 | $41.49 |

<a id="before-the-comptroller-of-the-city-of-new-york-p3"></a>
### BEFORE THE COMPTROLLER OF THE CITY OF NEW YORK
_Page 3_ · _Topics: wages_

---------------------------·----X
In the Matter of the Complaint of
LABORERS (90753)
CITY LABORERS (90702)
for the fixation of their compensation as employees of the City of New York,
et al., at the prevailing rate of wages pursuant to New York State Labor Law
§ 220 et seq.
--------------------------------X

<a id="consent-determination-p3"></a>
### CONSENT DETERMINATION
_Page 3_ · _Topics: wages, overtime, holidays, vacation, sick-leave, health-welfare, hours, shift-differential_

A Complaint under Section 220 of the New York State Labor Law, having been filed by District
Council 37, AFSCME, AFL-CIO, and its affiliated Local 924, New York City Laborers, representing
employees of the City of New York, et al., in the above referenced titles ("employees"), and this Consent
Determination having been agreed to between the Mayor's Office of Labor Relations ("OLR") on behalf
of the City of New York, et al., and the Complainant, compromising and settling certain disputes of basic
rates of wages, supplemental benefits and jurisdiction on all issues of law and fact as to the titles set forth
in the caption,
NOW, THEREFORE, IT IS HEREBY DETERMINED BY CONSENT THAT:
The compromised basic rate of wages and supplemental benefits agreed upon are and have been
for the above-mentioned complainants commensurately employed by the City of New York, et al., for an
eight-hour day for the following periods, as follows:
2021-2026 C'onsc:m Dctcnnination Pg. I


Work performed in excess of eight (8) hours per day, shall be paid in cash at the hourly overtime
rate of time and a half ( 1.5x).
Work perfonned on a Saturday shall be paid in cash at the hourly Saturday rate of time and a half
( I .5x). Work perfonned on a Sunday shall be paid in cash at the hourly Sunday rate of double time (2x).
Employees working a night shift shall be paid a differential of 14.29% for scheduled hours actually
worked. For purposes of this agreement, a shift shall be considered a "night shift" if the schedule includes
hours between 8 p.m. and 4 a.m. The Employee must work at least 4 scheduled hours to receive the night
shift payment. In no event shall the night shift differential be paid in addition to another premium rate,
e.g. overtime, Saturday rate, Sunday rate or holiday rate. The parties agree that this night shift differential
satisfies the obligation set forth in the October 13, 20 I 0, Comptroller's Order entitled "Shift Rate."
A regularly scheduled work week is the five (5) days posted by the Department which are to be
worked by a particular employee within a calendar week except in Agencies where there is now an existing
different practice.
The posting by the Department shall be made not less than fourteen ( 14) days prior to the date to
be worked.
Holidays
Employees shall receive the below twelve ( 12) enumerated paid holidays and work perfonned on
said holidays shall be paid in cash at the hourly rate at time and one half(l.5x):
New Year's Day July 4th Veteran's Day
Labor Day Thanksgiving Day Washington's Birthday
Columbus Day Christmas Day Memorial Day
Election Day Dr. Martin Luther King, Jr. Day Juneteenth (Eff. 4/22/2022)
2021-2026 Consent Octcnn inution


Annual Leave
Appendix A is modified to provide for the annual leave allowance for employees who work at
least a 249 day year and who were hired on or after July I, 1985:
Effective June 16, 2021 - June 15, 2022, the annual leave allowance schedule shall be as follows:
Years In Service Allowance Monthly Accrual (hh:mm)
At the beginning oflhe employee's 1st year 13 work days 08:40
At the beginning oftht: employee's 5th year 14 work days 09:20
Al the beginning oftht: employee's 8th year 18 work days 12:00
At the beginning of the employee's 15th year 20 work days 13:20
At the beginning of the employee's 20th year 23 work days 15:20
Effective June 16, 2022 the annual leave allowance schedule shall be as follows:
Yc ars In Si:rvice Alim, ance Monthlv Accrual !hh:mm)
Al the beginning of the employee's 1st year 16 work days 10:40
Al the beginning of the employee's 5th year 17 work days 11:20
At the beginning of the employee's 8th year 21 work days 14:00
At the beginning of the employee's 15th year 23 work days 15:20
Al the beginning of the employee's 20th year 26 work days 17:20
This provision supersedes the annual leave accrual provisions set forth in Section 2 of Appendix
A for employees hired on or after July I, 1985.
Sick Leave
Appendix A is modified to provide for:
Effective June 16, 2021, the sick leave schedule is the fol.lowing:
Allowance Monthlv Accrual (hh:mm)
6 work days 04:00
Leave Regulation Days
Employees shall be eligible for leave as outlined in Appendix A, Article 111, section l(a) - (f).
2021-2026 Consent Determination Pg. J


Health Savings
The May 5, 2014 and June 28, 2018 letter agreements regarding health savings and welfare fund
contributions between the Municipal Labor Committee and the City will be attached as an Appendix and
is deemed to be part of this Consent Determination.
Welfare Fund
Effective June 16, 2021, a Welfare Fund contribution shall continue to be paid at the rate of$1,825
per annum per employee. Effective June 16, 2026, the Welfare Fund contribution shall be increased by
$50 per employee, both active and retiree, to a total per annum contribution of $1,875. The contribution
shall be paid per complainant by the City of New York to District Council 37 Benefits Fund Trust.
Employees who have been separated from service subsequent to June 30, I 970, and who were
covered by a Welfare Fund at the time of such separation pursuant to a separate agreement between the
City of New York and the certified union representing such employees, shall continue to be so covered
subject to the provisions hereof, on the same contributory basis as incumbent employees. Contributions
shall be made only for such time as said individuals remain primary beneficiaries of the New York City
Health Insurance Program and are entitled to benefits paid for by the City of New York through such
program; or are retirees oft he New York City Employees' Retirement System who have completed at least
five (5) years of full-time service with the City of New York.
Education Fund
Effective June 16, 2021, an Education Fund contribution shall be paid at the rate of$ I0 0 per annum
per employee.
2021-2026 Consent Dc1crmination Pg. 4


Annuitv Fund
Effective June 16, 2021 the City ofNew York, et al., shall make a contribution to the annuity fund
at a rate of $4.53 for each paid working day up to a total maximum contribution of $1,182.33 per annum
on behalf of all full-time and full-time per diem employees. For part-time employees who work less than
eight hours a day, the amount paid shall be based on a prorated amount, which is calculated against an
eight-hour day, up to a total maximum contribution of $1,182.33 per annum. For the purpose of these
payments, excluded from paid working days are all scheduled days off, all days in non-pay status, and all
paid overtime.
Effective June 16, 2026, the annuity contribution shall be increased from $4.53 to $5.33 per day
for each paid working day up to a total maximum contribution of $1,391.13 per annum on behalf of all
full-time and full-time per diem employees. For part-time employees who work less than eight hours a
day, the amount paid shall be based on a prorated amount, which is calculated against an eight-hour day,
up to a maximum of$ I ,391. I 3 per annum. For the purpose of these payments, excluded from paid working
days are all scheduled days off, all days in non-pay status, and all paid overtime
This annuity fund will be subject to a separate agreement between the City of New York, et al.,
and the Complainant. The liability of the City of New York, et al., shall in no event exceed the amounts
hereinabove set forth for each effective day payable, irrespective of any taxes, liens, attorneys' fees or
otherwise, and provided further that the amount of contributions by the City of New York, et al., shall be
limited to the payments as provided herein.
a) The provisions of this Consent Determination shall be consistent with the applicable
provisions of the New York State Financial Emergency Act for the City of New York, as amended.
b) The Complainant agrees to execute a full release to the City of New York et al., for the
s
2021-2026 Consent Dctcnnination rg.


period embraced herein, such release being set forth in the General Release and Waiver attached hereto
as Exhibit "A".
c) The Complainant agrees to waive any and all interest on all differentials of basic rates of
wages and supplemental benefits. It is expressly understood that such waiver, set forth in Exhibit "A"
annexed hereto, shall include the waiver of any right to interest payments due pursuant to subdivision 8c
of Section 220 of the Labor Law (L. 1967, c, 502, 1) . However,
(1) Interest on wage increases shall accrue at the rate of three percent (3%) per annum from
one hundred twenty (120) days after the filing date of this Consent Determination, or one
hundred twenty ( 120) days after the effective date oft he increase, whichever is later, to the
date of actual payment,
(2) Interest on shift differentials, holiday and overtime pay shall accrue at the rate of three
percent (3%) per annum from one hundred twenty (120) days following their earning, or
one hundred twenty ( 120) days after the filing date of this Consent Determination,
whichever is later, to the date of actual payment and
(3) Interest accrued under (I) or (2) above shall be payable only if the amount of interest due
to an individual Employee exceeds five dollars ($5.00).
d) The Complainant herein shall refrain from filing any Article 78 proceedings in whole or in
part with respect to any provision made herein and for any additional benefits other than those contained
herein excepting that the right is reserved to bring any necessary proceedings for the enforcement of the
terms of the Consent Determination.
e) The Complainant agrees to withdraw any and all objections in all of the periods embodied
herein.
2021-2026 Consent Dctcrminution Pg.. 6


f) The Complainant agrees to waive any and all supplemental benefits payable under
subdivision 3 of Section 220 of the Labor Law of the State of New York, such waiver being set forth in
Exhibit "A" annexed hereto, and accept in lieu thereof the supplemental benefits set forth in this Consent
Determination, and as set forth in Appendix A annexed hereto as modified herein.
g) Any new Employee who may be hired by the City of New York, et al., during the term of
this settlement shall be required to comply with all of the terms and conditions herein upon the payment
of the rates and supplemental benefits herein.
h) Any legal claims of any nature, including specifically, but not limited thereto, premium
rates, holiday rates, shift rates, overtime rates or any other legal claims affecting rates and supplemental
benefits of any kind whatsoever, are merged in this compromise and settlement for the period of the
compromise and settlement contained herein.
i) The foregoing basic rates of wages and supplemental benefits are due and payable to each
and every employee of the City of New York, et al., serving in the above-referenced titles beginning as of
the effective date oft he complaint filed herein, and shall be applicable to all employees oft he City of New
York, et al., serving in the above-referenced titles who are represented by the Complainant.
j) The basic rates and supplemental benefits herein are not to be construed as true prevailing
rates and supplemental benefits but shall be considered rates and benefits in compromise and settlement
of all issues of law and fact.
k) It is further understood and agreed that in consideration of the compromise and settlement
reached herein, the complaint in this matter is hereby settled.
I) The submission of any Labor Law complaint, effective on July 16, 2026 can be made at
the Labor Law Division of the Office of the Comptroller on or after that date.
2021-2026 Consent Dctcrminution


IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
CONSENTED TO:
FOR THE CITY OF NEW YORK FOR DISTRICT COUNCIL 37,
AFSCM~
BY: ~~
BY: ~ ••

<a id="reneecamp-p10"></a>
### RENEECAMP
_Page 10_

Commissioner of Executive Director
Labor Relations District Council 37, AFSCME, AFL-CIO
The basic rates and supplemental benefits agreed to herein between the parties are not to be
construed as true prevailing rates and supplemental benefits, but shall be deemed substitute rates and
benefits in compromise and settlement of all issues of law and fact raised in the complaint filed herein
pursuant to Labor Law Section 220.8-d.

<a id="brad-lander-p10"></a>
### BRAD LANDER
_Page 10_

Comptroller
Dated: July 23 ,2025
New York, New York
UN IT: Laborer et al.
TERM: June 16, 2021 through July 15, 2026.
2021-2026 Consent Dch:nn inalion Pg. 8

<a id="general-release-and-w-aiyer-p11"></a>
### GENERAL RELEASE AND W AIYER
_Page 11_ · _Topics: wages, discipline_

District Council 37, AFSCME, AFL-CIO (hereinafter referred to as the "Union"), as the certified
collective bargaining representative of employees in the titles, Laborer and City Laborer for and in
consideration of the wage rates and supplemental benefit package negotiated and agreed upon by the
Union and the City of New York as set forth in a collective bargaining agreement for the period beginning
June 16, 2021 through July 15, 2026, a copy of which has been made available to the Union, hereby
voluntarily and knowingly agrees to:
I. Waive, withdraw, relinquish, and refrain from filing, pursuing or instituting any claim for wages,
supplements or other benefits, or any right, remedy, action or proceeding, which the Union has or
may have under Section 220 of the Labor Law.
2. Discontinue any and all action or proceedings, if any, heretofore commenced by me or on my
behalf of the above-mentioned titles under and pursuant to Section 220 of the Labor Law
applicable to the period June 16, 2021 through July 15, 2026.
3. Waive any and all interest on all differentials of basic rates of wages and supplemental benefits
from June 16, 2021 through July 15, 2026 except as expressly agreed upon in writing by the Union
and the City. It is expressly understood that such waiver shall include the waiver of any right to
interest payments pursuant to Subdivision 8c of Section 220 of the Labor Law (L. 1967,c. 502,
Section I).
4. Release and forever discharge the City of New York from all manner of actions, cause and causes
of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, cariances, trespasses, damages,
judgments, extents, executions, claims and demands whatsoever in law or in equity which the
Union, on behalf of employees in the above titles, shall or may have, by reason of any claim for
wages or supplemental benefits pursuant to Section 220 of the Labor Law from June 16, 2021
through July 15, 2026 except as expressly agreed upon in writing by the Union and the City for
that period.
DISTRICT COUNCIL 37, AFSCME, AFL-CIO
Ci)~
~ ~

<a id="daniel-katz-p11"></a>
### DANIEL KATZ
_Page 11_ · _Topics: wages, parental-leave, other-leave, recognition_

Director of Research and Negotiations
2021-2026 Conscm Dctcnnination Pg. 9


Office of Labor Relations
22 Cortlandt Street, New York, NY 10007
nyc.gov/olr
Renee Campion Clalre Levitt
Depvty Commissioner
Commissioner
Health Core Strategy
Danlel Pollak
Georgette Gestely
First Deputy Commissioner
Director, Employee Benefits Program
Nicole Andrade
General Covnsel
Director of Research and Negotiations
District Council 37, AFSCME. AFL-CIO
125 Barclay Street
New York, New York I 0007
RE: 2021-2026 Laborers Local 924 Consent Determination $3,000 One-Time Lump Sum
Ratification Bon us
Dear Mr. Katz:
This is to confinn the understanding and agreement of the parties concerning the lump sum cash
payment for the employees covered by Laborers Consent Determination for the period June 16, 2021
through July 15, 2026.
i. A lump sum cash payment in the amount of $3,000, pro-rated for other than full time
employees, shall be payable as soon as practicable upon ratification of this Agreement to
those bargaining unit members who were in active payroll status as of March 31, 2025, the
date of ratification. Active payroll status is defined as being in active payroll status ("B
Status"), military leave with pay (''K status"), or on paid family leave.
ii. Employees who were terminated for cause, resigned, retired, or otherwise separated from
service, for any other reason, prior to the date of ratification of this Agreement shall not be
eligible for the lump sum cash payment.
iii. In no event shall any employee receive greater than $3,000 in bonus payments pursuant to
this agreement.
iv. The lump sum cash payment shall be pensionable, consistent with applicable law.
v. The lump sum cash payment shall not become part oft he employee's basic salary rate, nor
will it be added to the employee's basic salary for the calculation of any salary-based
benefits, including but not limited to the calculation of future collective bargaining
increases.
2021-2026 Consent Dctcnnination


vi. For circumstances not covered by this agreement, the First Deputy Commissioner of Labor
Relations may elect to issue, on a case-by-case basis, interpretations concerning the
payment of the lump sum ratification bonus. Such interpretations shall not be subject to
any dispute resolution procedures.
If the above accords with your understanding, kindly execute the signature line provided below.
AGREED AND ACCEPTED BY:
(j)~ It;(

<a id="daniel-katz-p13"></a>
### DANIEL KATZ
_Page 13_ · _Topics: recognition_

Director of Research and Negotiations
District Council 37
AFSCME, AFL-CIO
2021-2026 Cons1:n1 Det1:nnina1ion Pg. 11


Office of Labor Relations
22 Cortlandt Street, New York, NY 10007
nyc.gov/olr
Renee Campion Claire Levitt
Commissioner Deputy Commissioner
Health Core Strategy
Daniel Pollak
Georgette Gestely
First Deputy Commlss/oner
Director, Employee Benefits Program
Nicole Andrade
General Counsel
111-7
J.}
'2025
Daniel Katz
Director of Research and Negotiations
District Council 37, AFSCME, AFL-CIO
125 Barclay Street
New York, New York I 0007
RE: Payroll Paper Pay Stubs, Laborers Local 924
Dear Mr. Katz:
This is to confirm the understanding and agreement of the parties concerning payroll and paper
pay stubs for the employees covered by the Laborers Consent Determination for the period June 16,
2021 through July 15, 2026.
Effective as soon as practicable, following ratification of this agreement, all employees of Mayoral
agencies, the Department of Education, and the New York City Housing Authority who receive paychecks
via direct deposit shall be opted out of receiving paper pay stubs. Employees may choose to opt-in and
receive paper stubs via NYCAPS Employee Self-Service or the appropriate method at employers not on
NYCAPS.
If the above accords with your understanding, please indicate your acceptance by signing below.
AGREED AND ACCEPTED BY:
CD~
Lr"
·12
DANIEL KATZ ~ ')-----
Director of Research and Negotiations
District Council 37
AFSCME, AFL-CIO
2021-2026 Consent Dctcnninution Pg. 12


:Ilie
Office of Labor Relations
Cl
~
wlwlork..,
22 Cortlandt Street, New York, NY 10007
nyc.gov/olr
Renee Campion Claire Levitt
Commissioner Depvty Commissioner
Heolth Care Strategy
Daniel Pollak
Georgette Gestely
First Depvty Commls~oner
Director, Employee Benefits Program
Nicole Andrade
General Covnse/
/10,y ,; j- ,
2025
(
Daniel Katz
Director of Research and Negotiations
District Council 37, AFSCME, AFL-CIO
125 Barclay Street
New York, New York I 0007
RE: Release Time, Laborers Local 924
Dear Mr. Katz:
Effective April I, 2025, the union shall have two (2) days per week of paid release time available
for use by designated union officials. This release time shall be subject to the provisions of Executive
Order 75. This is separate from any days available for use by District Council 37 and designated for use
by officials representing this bargaining unit.
If the above accords with your understanding, please indicate your acceptance by signing below.
AGREED AND ACCEPTED BY:
Ci)~ ~

<a id="daniel-katz-p15"></a>
### DANIEL KATZ
_Page 15_ · _Topics: wages, vacation, health-welfare, hours, recognition_

Director of Research and Negotiations
District Council 37
AFSCME, AFL-CIO
2021-2026 Consent Determination Pg. 13


|  | Hourll· Rate |
| --- | --- |
| 06/16/2021 10 06115/20'22 06/16/20:?2 to 06/15/2023 | S3714 |
|  | $38.46 |
| 06116/20:?3 to 06/1S/2024 | 539.61 |
| 06/1612024 to 06/ l 5/2025 | $40.80 |
| 06/16!2025 to 07/1S/2026 | $42.D |

f,
Office of Labor Relations
22 Cortlandl S!Teet, New Yotk, NY 10007
nyc.gov!0lr
Ranaa Campton Cllll'D Lmtt
Commlulonff ~pufy ComtnUJIOner
H.alth Con St,0111111
Danit! Pollak
Flnr 0e"'111' Commiulan,r OeotgoUO Ontely
Oir,ctor, E~• IJrn•/1~ Program
February I 0lh. 202S
K) le Darren Simmons
President
Laborers Local 924
125 Barela) Strccl
Nev. York. NY 10007
Re: Reallocation of Wages to Benefits 2021-2026 DC37 Laborers Local 924
Dear Mr. Simmons:
This letter ser\es to confinn the mutual agreement of the Cit) of New York and the DC37
Laborers Local 924 ("Union") and understanding oft he parties regarding the reallocation of\,ages
to enhance annuit} fund, annual lea\ e and welfare fund.
a. The pDrtics agtee that \he cunent pattern general wage incTeases of 3%. 3%, 3%. 3%.
and 3.25%, if allocnled entirely to wage increases, would resull in the follo\\ing hourly
wages for bargaining unit emplo)ees employed in the Laborer (TC 90753) nnd Ci~
Laborer (TC 90702) titles ns of the expiration d11te of the current bargaining p~riod:
b. Th~ parties further agree to reallocate a portion of the general \\age increases
referenced in subsection "a" abo,e lo fund the follo,,ing enhancements in annuil~.
annual leave, m1d welfare fund as set forth in this l\·1emorandum of t\greeme111·


| Period | Per Each Paid Work Day | Per Annum Maximum |
| --- | --- | --- |
| Annuitv fund without reallocation |  |  |
| 06 'I 6t202 l -06/15/2026 | S4.S3 | Sl.182.33 |
| 06 16/1026 -07/1S /2026 | S4.69 | Sl.224.09 |
| Annuity fund with reallocation |  |  |
| 06/1612021 -06115/2026 | $4.53 | Sl.182.33 |
| 06/1612026 -07/1 S/2026 | $5.33 | Sl,391.13 |


| Allowance 13 work da s | Montbl\-· Accrual h:mm 8:40 |
| --- | --- |
| 14 work dnys | 9:20 |
| IS workdays | 12:00 |
| :?Owork da ·s | 13:20 |
| 23 work de ·s | 15:20 |

,--"';,?---=,. .. ,...=..::.:___;;......,.___;~.:C..:::.::.:=-====~==========---------------
Aonul~-Fund
Annual Lean
Annual Lea,·, Ac:crual rate ~·lthout reallocation
Effective 0611612021 • 07115/:?026
Years In Senic:e Allowance Month h:mm
13 workdays
14 work days 9:20
12:00
13:20
15:20
Annual Leave Accrual rate with reallocaUon
Effective 06!16/2021 - 06/1S/2022
Years In Service
ear


| Years In Ser\ ice | Allowance | Monthlv Accrual Chh'mm > |
| --- | --- | --- |
| At the be~inning of the emplo)ee's 1st }ear | I (i work days | 10:40 |
| At the beginning of the employee's 5th year | 17 work days | 11:20 |
| At the beginning of the employee's 8th year | 21 work days | 14.00 |
| At the beginning of the cmplo}ee's I5 th year | 23 workdays | 15:20 |
|  | 26 work days | 17:20 |

- -- - -
EtTecth e Ob 16110-,.,-071I 5 ( >016
Welfare Fund
\\ elrare Fund without reallotatlon
Effective June 16. 2021. a Welfare Fund contribution shall continue to be paid at the rate of
Sl ,82S.OO per annum per emplo)'ee {octive and retiree).
Effective June 16, 2026, there shall be a recurring $31.25 per annum per employee (active and
retiree) increase to the welfare fund contribution, from $1,825 to $1,856.25.
We1£are Fund with reallocation
Effective June 16. 20:?1. a Welfare Fund contribution shall continue to be paid at the rate of
Sl ,825.00 per annum per employee (active and retiree),
Effective June 16, 2026, there shall be a recurring SS0,00 per annum per employee (active and
retiree) increase to the welfare fund contribution, from S 1,825 to S 1,875.
c. In the event the parties do not agree, pursuant to Labor Law Section 220(8-d), to a
compromise of the prevailing rate for the bargaining period that lmmediately follows
the clllTI!nt bargaining period, and the New York City C'omptroller issues n final
determination oft he prevailing rates of wages and supplements paid and pro\'ided to
bargaining unit employees during the bargaining period that immediately follows the
current barplning period (-ihe next round"), then the parties agree, for purposes of
compliance \',ith the aforesaid final determination. but for no Olher purposes. that ( l)
the \\.ages set forth in subsection above shall be deemed to be the wages that \\ere
"11"'
paid to bargaining unit employees as oft he e'Cplration date of the current bargaining
period. nnd (2) the supplements provided to bargaining unit emplo,>ees as of the
expiration dale of the current bargaining period. exclusivl! of the enhancements
referenced in subsection ·•b" above, shall be deemed to be the supplements pro, idcd
to bargaining unit employees as of the expiration dote of the current bargaining
period By way of illustration. if hypothe1lcally. the parties' reallocation of SJ/hr,
from wages to supplements resulted in an outgoing wage ofSS0.50/hr, (instead of
553.50/hr.) and outgoing supplements ofS43.501hr. (instead of 540.S0/hr. . ) thtm, in
any compliance proceeding concerning the next round, the panics would request that
the Comptroller calculate the amounts paid nnd-'or ci,\cd ba!ied on (a) a comparison of
the pre,ailing rate ofnage \\ilh the pre-ntlouuion \\age rnle ofSSJ.50/hr., and (b) a
l


comparison of the prevailing rate of supplements with the pre-al location supplemenrs
rate of $40.50 per hr.
d. The parties agree that, in a compliance proceeding before the Comptroller concemin1>
the prevailing wages and supplements to be paid and provided to bargaining unit
emplo)·ces during the bargaining period that immediately follows the current
bargaining period, they wlll provide the Comptroller with a copy oft his side lener
agreement and stipulate that it accurately states the parties' agreement whh respect to
the particular terms and conditions specified herein. This side letter agreement shall
apply only to the particular tenns and conditions specified herein.
e. In the event a funher agreement is necessary to effectuate the tenns of this side letter
asn:ement follo\\lnS the date of the aforesaid Comptroller's final determination. the
parties agree to enter into such funher agreement on mutually acceptable tenns.
lfthe above accords \\ith your understanding, please indicate your acceptance by
signing below.
S l ~-
Renee Campion
Commissioner of Labor Relations

<a id="on-behalf-of-district-council-37-p19"></a>
### ON BEHALF OF DISTRICT COUNCIL 37
_Page 19_

AFSCME, AFL•CIO a
G),c.-J
BY:

<a id="danjelkatz-p19"></a>
### DANJELKATZ
_Page 19_ · _Topics: parental-leave_

Director ofR esearch and Negotiation


IN THE EVENT OF ANY INCONSISTENCY BETWEEN APPEM>IX A AND
REQUIREMENTS IMPOSED BY FEDERAL, STATE, Oil LOCAL LAW. SUCH AS
THOSE mAT APPLY TO MATERNITY LEAV E, THEFFJ>F.RAL, STATE, OR U>CAL
LAW SHALL TAKE PRECEDENCE~ SUCH FEDERAL, STATE, OR I.OCAL
LAW AtJTHORIZES SUCH JNCONSIS'l'ENCY.

<a id="appendix-a-p20"></a>
### APPENDIX A
_Page 20_ · _Topics: holidays, vacation_

Time apcl J,r.1n1•e Benefits;
ANNUAL I,E«\YE ALLOWANCE
l•
Sectlon t
A combined vacation. personal business and religious holiday leave allowance, shall be
established. which shall be known as •annual leave allowance".
Sei;tion 2 EFFECTIVE MAY 1, tffl
Annual leave allowance shall be gtan1ed to pe~ni employees who work at least a
250-day year, as follows:
CATEGOllJ ANNUAL LBAVE ALLOWANCE MONTHLY ACCRUAL
Pmployecl who baYCI rTWorltDaya 2. 114 days
c:omple!ed 15 )'UR af (S wecb and 1 day•)
tenice.
f.mployoea who have 2'Work Day1 l dayr. 9JUJ I day 1% end of
completDd 8 yoan or aervice. (S wecb) of YaCl.lion yur.
20Worl: Daya 1 - 2/3 days
(4 WNb)
Sedlog 3
Then:: sball be a pro-rating of the above allawana: for employees who work less than a
250-dayyear.

<a id="section-4-p20"></a>
### Section 4
_Page 20_ · _Topics: wages, vacation, sick-leave_

For the earning of annual leave credits, the time recorded on lhc payroll at the full rate
of pay, and the first six months of absence while receiving Workmen's Compensation payments
shall be considered as time "served• by lhe employee.
In the calculation of annual leave credits, a full monlh's credit shall be given to an


2
employee who bu been in full pay status for at least IS calendar days during that momh,
providccl however, that (a) where an employee bas been absent without pay for an aa:umulated
of more lhan 30 calendar daya in die vaadon year, he shall lose the annual leave credits
tDQl
eamable in one month for each 30 days of such accumulated absence even though in full pay
lta1Us for at least lS caleDdar days in each month iluriag this period; and (b) ifa n employee loses·
annual leave credits under lhiJ rule for several months in the vacaiion year because he has been
in full pay status for fewer than 1S days in each month. but accumulare.s during said months a
to1al of 30 or more Qlendar days in full pay SWUS. be shall be credited with the annual leave
cmlits eamable in 1 month for each 30 days of such fuU pay swus.
Sedloa$
Calculalion of annuaJ leave crcdio for vacation purposes sbail be based on a year
beginning May 1st, hereafter known as a •vacation year.• All annual leave allowance of an
employee to the employee's credit on April 30th and not used in the succeeding vacation year
may be carried over from said vacation year to the next sooceeding vacation year only. with the
approval of the agency bead; and any such lime not used within the prescribed period shall be
added to the employee"s sick leave balance.
a. AU annual leave accumulations to thecreditofemployee.son May 1, 1961, which
exceed the allowance permined in Anicle 1. Section S, shall re1DJUD to lheir credit but shall
~
reduced to the maximum set by the Leave Regulations by May 1, 1970. This sbaJI be
accomplished in the following manner:
(1) Ally accumulations in excess of 40 days shall be esmblished as an annual leave reserve
uno.
bank, which shall be in exisccnce until May 1.
(2) Ally time left in the annual leave reserve bank on May 1, 1970 shall be transfem:d ro the
sick leave balances of employees. If' any such transfer causes an employee's sick leave balance
to rise above the 180-day maximum CSW>lished by the Leave Regulations, the sick leave surplus
• which exceeds 180 days shall be placed in the employees sick leav~ bank and shall remain to his
n.
credit, notwithslanding the provisions of Amcle Sec. 2.
(3) After May 1, 1970, the full provisions of Article I, Section S apply.
b. In the evem, however, that the Mayor or an el~ official of any dcpanm.cnt
calls upon an employee to forego bis vacation or any part thereof in any year, that portion
thereof shall be carried over as vacation even though the same exceeds the limits fixed in Article
I, Seclions S and S (a) above.
Stdlon Ci
'lbe normal unit of charge against annual Ir.ave allowance for vacation and personal


3
busjne,s aball be one-half day. Smaller units of charge are authoritt.d for dme lost due to
tudi~. religious observance, and for the time lost by employee representatives duly designated
by employeempninrii,ns operating under the Mayor's Eucutive Order No. 38 dated May 16,
1957, engaged in the following iypes of union activity:
a. Atteod•oce .u union meetings or coovelltions.
b. Organjzmg and recruitment
c. Solicitation of member.
d. Collection of union dues.
e. Distribution of union pamphlets. circulars and Olher literatUre.
The agency is authorized to make such other exceptions as warranted.

<a id="section-1-p22"></a>
### Section 1
_Page 22_ · _Topics: wages, holidays, vacation, sick-leave_

Earned annual leave allowance shall be taken by the employees at the time convenient to
the depanment. In exceptional and unusual circumsrances. an agency bead may pennit use of
annual leave allowance before it is earned, not exc=llog two weeks.
a
Sectloo
Where certification of eligible lists permits, provisional and temporary employees shall
have the same anniw leave benefits as regular employees excep1 that Ibey may not be permitted
a.nmw
to use leave allowances for other than religious holidays until they have completed four
months of service.
h11Jn2
Penalties for unexcused lardiness may be imposed by the head of each agency in
confomumcc wilh esiablished rul~ of the agency. A$ a minimum, however, all unexcused
tardiness both in the morning and upon return from lunch shall be charged to the annual leave
allowance,
10
SedJgn
Terminal Leave shall be allowed to employees wbo work m least 2S0 days per year at
the rate of one moDlh for every ten years of service, (a) chc rates of which are fixed in
accordance with a Comptroller's determination made under Section 220 of the Labor Law of the
State of New York, and (b) of service under the Career and Salary Plan Leave Regulations, p~
rated for a fnclional pan thereof.
If the employee so selects. and as an alternative tD the above method of computation, his
Tcrmiml Leave allowance may be c.omputed on the basis of one day of Terminal Leave for each
two days of unused sick leave accumulation, to a maximum ofo ne hundred (100} days Terminal


4
Leave Allowance. Under lhe latter option, Terminal Leave shall be computed on the basis of
work days, tarher tbao calendar days.
IL. SlCX TJUW ALLOWANCE
51'!11on t
Sick leave allowance of one day per month of set"YiQe shall be credited to permanent
employees, provisional employees and temporary employees and shall be used only for personal
illness of the employee.
SectJop2
Sick leave allowance shall be cumulative up to a maximum of 200 work.days. After this
maximum is reached, no more sick leave credits may be earned by die employee except to the
mcnt of ~storing credits subsequently drawn for sick leave and thereby building up ~ruaJs
again to lhe maximum of 200 work~ys. Existing balances to the ~it of employees at the
time of adoption of these regulations shall remain to their crt.dit.
&rtJnp 3
Sick )eave may be granted at the discmion of che agency bead and proof of disability
must be provided by the employee, 111tisfacrory to the agency head. Presentation ofa physician's
cenificate in the prescribed fonn may be waived for absences up to and including three
consecutive work days. In a case of a protracted disability, such certifk:ate shall be presented
me
to agency bead at the end of each month of continued absence.
WJ,g4
The normal unit for computation of sick leave shall be no, less than one--half day. The
agency head may authorize smaller units of charge in exceptional and unusual clrcumstaooes
Credits cannot be ea.med for the period an employee is on leave of absence without pay. For
the caming or sick leave credits, the time recorded on the payroll at the full rate of pay, and the
first six months of absence while n:cciving Workmen's Compensation payments shall be
considered u time •served• by the employee.
In lhe calculation of sick leave credits, a fu11 monsh •s credit shall be given to an employee
who bas been in full pay status for at least 15 calendar days during that month, provided
however, that (a) where an employee has been absent without pay for an accumulated total of
more than 30 calendar days in the vacation year. be shall Jose the sick leave Cffiiits eamablc in
one momh for each 30 days of such accumulated absence even though in fu11 pay status for at
least 1S calendar days in each month during this period, and (b) if an employee loses sick leave


s
credits under Ibis rule for several months in the \IICltion year because he has been in full pay
slaml for fewer than 15 days in each monlh, but accumulates during sald months a total of 30
or more calendar days in full pay sratus, he shall be credited with the sick leave credits eamable
in one month for each 30 days of such full pay status.
SedJGOS
(n the discretion of the agency head, employees excqt provisional and temporary
employees, who have exhausted all earned sick leave and annual leave balances due to pefSOD11
illness may be permitted to use unearned sick leave allowance up to the amount eamable in one
year of service, chargeable against fubJre earned sick leave.
Sn1'9n 6
At the discretion of the agency head, permanent employees may also be granted sick
icave with pay for three months after ten years of City Service, after all credirs have been used.
In special instances, lick leave with pay may be funher extended, with the approval of
~
agency head, The agency head shall be guided Jn this maner by the narure and extent of illneu
and the length and character of service.
Ill& O'l'HER AUTHORIZED ABSENCES

<a id="with-pay-p24"></a>
### WITH PAY
_Page 24_ · _Topics: vacation, sick-leave, parental-leave, other-leave, layoff, safety, promotion_

SectJopt
Absence of permanent employees, provisional employees and temporary employees for
the reasons indicalCd below, shall be excusable in &he discretion of the agency bead without
to sick leave or annual leave balances, upon submittal of evidence satisfactocy to the
~
ageocy bead:
a. Abseooe not to exceed four work-days in the case of death in the immediate
family. Family shall be defined for this purpose u spouse; natural. foster, step-parent, child,
brother or sister; father-in-law or mother-in-law; or any ~lalive residing in the household.
b. For Jury Duty. Leave for jury duty shall be gmnted to the employee provided that
he endones his check for jury duty to the City.
c. For Couit Attendance Under Subpoena or Coun. Order. Leave to atte.nd court
sbaJl be gmnted when neither the employee nor anyone ielated to him has a personal in~rest in
the case, and wbeie said attendance at court is not related to any other employment of the
employee.
d. Absence required because of Health Department ruling with respect to quarantine.


6
c. For alteDdaDcc at New York City Civil Service examioation, or for official
invesdgalion interview or appointment interview in relation to the raulting eligible list.
f. For attendance of delegatCS and alrernatc5 at State or National conventions of
veterans' mpnizations and volunteer firemen's organiD!ions.
g. Absence by employee representatives. duly designated by employee Cl'83Diariom
operadng under the Mayor's Executive Order No. 38 dared May 16, 1957. acaing oo man.en
Mlated ta the bueiests of employees of their own respective departments. to ne19date with and
appear befme departmental and other City officials and agencies including the Board or Estimate,
the City Counc:il, and the Depanment of Personnel.
Sedfou Z
Prior notice to and authorization by the agency bead or his designated representative is
~red for absence UDdcr (b), (c), (e), (f), and (g) ofS ection l above. The employee shall give
notir::c to the agency u &00n as possible in all other cases.
Secdou 3
Agency heads shall grant any leave of absence with pay required by law.
II. 1·EAYfS OF ABSENCE WITHOUT PAY
l
Sediog
Maternity Leave. Exisrence of pregnancy shall be reported by the employee, in writing,
to the head of agency not later lb.an the completion of the fourth month of pregnancy. Maternity
leave of abSCDCC, commencing not later than the completion of the fifth month of pregnancy,
shall be granted for a period of twelve momhs, and upon application of the employee, may be
extended by the agency bead for an additional period, not to m:eed six months, Total leave for
this pwpose shall not exceed 18 months. An employee on maternity leave may be ~red to
repon for physk:al eumination before resuming service.
Secdon 2
Leaves of absence. without pay for reasons not covered in the foregoing rules may be
granlcd to permanent employees by the agency bead 00110 exceed one year. Extension of such
leave may be granted by an agency head not to exceed an additional period of one year. Further
extensions may be gramed by an elected official, io an agency beaded by such official, of by the
City Personnel Director for agencies headed by appoinr.ed officials.


7
$edloa3
Agencies shall grant any IQve of absence without pay. such as miliwy leave. required
by law.
L MJSCEl•!:&NEQYS PROVISIONS
SectJonl
Dally time records shall be main~ showing the actual hours worked by each
employee.
$fqing2
Upon transfer of a permanent employee, or appointment from an eligiole list with
conlinuous service in another City agency. sick leave and annual It.ave balances shall be
traDSfmed wilh lhc employee.
ktlona
Upon reinstatement of an employee to a permanent position. unused sick leave and
vacation balance.a t the time of resignation or layoff, shall be restored to his credit
Srimi ◄
Subject to limitations of Art. I, Sec. 8 above. the annual leave allowance aod cbe sick
leave allowance herein granted shall be applicable co pan~wne employees on a pro-rared basis.
lL AWIBNCE DUE TO INJURY INCJIRRW JN THE PERFORMANCE OF

<a id="official-pp-j-ip-p26"></a>
### OFFICIAL PP'J'IP
_Page 26_ · _Topics: wages, holidays, vacation, sick-leave, pension, safety_

Secdog 1
Whenever an employee, DOt covered by Workmen's Compensation, is physically disabled
in the performance of bis official duties, the head of the agency is empowered to grant such
employee a leave of absence with pay not to exceed one c:alendar year. In such case the
employee shall be requiied to execute an agteeme~ whemn it is stipulated that, in the event
that such employee makes any claim or institutes any action against any pany whatsoever in
relation ro such disability. reimbursement in the amount of such pay shall be made to the City
or the agency com::emed. as lhc case may be. from the proceeds of the recovery by such


8
employee bul DDl io exceed the amount of such proceeds. Such agreement shall be in a form
and !lla1lDel' pn:s:n'bcd by lhe Corporation Counsel or other cluly empowcml couruct. The
Agency bead may have the inP,l!Cd employee ~ml by a physician employed by lhe City in
order to determine lhecxtentofthe employee"sdisabilhy and lbeapproval of said physician from
a medical viewpoint shall be req~ for the time granted wilh pay under this rule. The agency
head may n:quire periodic medical ewniaatioDI of the dJahled employee to ucerwn the DCCd
for comiDuecl leave of absence with pay. Notwitbstuding the provisions of Article I, Section
4 and Article II, Section S annual and sick leaff. shall accrue during the first six months only
of~ absence, and shall be cn:ditcd upon the employee's mum to duty.
SeclJon 2
TIie agcocy had is empowered to grant leave of absence with pay for the first week's
absence of an employee covered by Workmen's Compensation who is physically disabled in the
performance of official duties.
Sedjoq~
a. An employee physically disabled in lhe performance of his official duties who bas
accrued sick and/or annual le.ave or has been advanced CRdits in accordance with the
Comptroller's Leave Regulations may elect one of the following, in addition to the benefits to
which he is entitled under the Workmen's Compensation Law, such elecdon to be made within
the farst seven calendar clays of absence by the employee or so~ne In his behalr:
., 1. To n:ceive lhe difference between the amount of bis weekly salary and the compensation
rate, provided that:
a. The injured employee or any 2'Uthorized person acting in bis behalf makes the
request in writiog, and
b. The injured employee or any authorized person acting in his bebaJf that a
~
p~Ialed charge be made agains1 his sick leave and/or annual leave balances equal to the number
womrJi
of days of lhsence less the number of working days represented by the Workmen's
Compensation payments, and
c. The injuffil employee has the necessary accrued sick leave and/or annual leave
balance or bu been advanced credits in accordance with the Comptroller's Leave Regulations
which the supplementary pay can be charged, and
d. The injured employee was not guilty of willful gross disobedience of safef)' rules
or willful fallme 10 use a safety device, or was not under die Influence of alcohol or naranics
at the time of injury, or did not willfully intend to bring about injury or death upon himself or
another, and


9
e. The injuml employee undergoes such medical examinations as are requested by
the womnen•, Compensation Division of the Law Department and his agency; and when found
fit for duty by said physicians, returns co his employmenL
2. To take annual leave and receive full pay and .Workmen's Compensation ~ical
covmage. provided that:
a. 1be Injured employer or any authoriz.M person acting in bis behalf m2kes the
request in writing, and
b. The injured employee or any authomed person EUDg in bis behalf agteeS to have
bis annual lcavr. balance r.barged for such absence. and
c. The injured employee has the necessary accrued annual leave balance.
3. To recdve Workmen's Compensation benefits i11 lheir entirety with no charge against sick
leave and/or annual leave.
b. During the period when an injured employee is receiving Worlaru:n's
Compensation and die diffcrcmial to bring him to full pay. be will be carried on full..pay status
and 1his time shall be counted for retirement benefits.
!JI RQT,ajys WITB PAY
On the following effectjve dates prevailing rate per diem and per annum employees shall
be entitled 10 a day off with pay for each of the following holidays:
New Year's Day Memorial Day Columbus Day Thanksgiving Day
Washingt0n's Birthday Independence Day Election Day Christmas Day
Lincoln's Binbday Labor Day Vetcran's Day

<a id="office-of-labor-relations-p29"></a>
### OFFICE OF LABOR RELATIONS
_Page 29_ · _Topics: wages, health-welfare_

40 Rector Street, New York, NY 10006-1705
http://nyc.gov/olr
ROBERTW. LINN
Com,niulolla-
May S, 2014
Harry Nespoli
Chair, Municipal Labor Committee
125 Barclay Street
New York, NY I 0007
Dear Mr. Nespoli:
This is to confirm the parties' mutual understanding concerning the following issues:
1. Unless otherwise agreed to by lhe parties, the Welfare Fund contribution will remain
constant for the length of the successor unit agreements, including the $65 funded from the
Stabiliution Fund pursuant to the 2005 Health Benefits Agreement between the City ofNew
York nnd the Municipnl Labor Committee.
2. Effective July 1, 2014, the Stabiliution Fund shall convey SI Billion to the City of New
York to be used to support wage increases and other economic items for the cllm:llt round of
collective bargaining (for the period up to and including fiscal year 2018). Up to an additional
total amount ofS 150 million will be available over the four year period from the Stabilization
Fund for the welfare funds, the allocation of which shalt be detennined by the parties. Thereafter,
S 60 million per year will be available from the Stabilization Fund for the welfare funds, the
allocation of which shall be detcmuncd by the parties.
3. If the parties decide to engage inn centralized purchase of Prescription Dwgs, and
savings and efficiencies are identified therefrom, there shall not be any reduction in welfare fund
contributions.
4. There shall be a joint committee formed lh.lt v.ill engage in a process to select an
independent healthcare actuary, and any other mutually agreed upon additional outside expertise,
to develop an accounting system to measure and calculate savings.


5. The MLC agtees to generate cumulative healthcare savings ofS3.4 billion over the
course ofFiscal Years 2015 through 2018. said savings to be exclusive of the monies referenced
in Paragraph 2 above and generated in the individual fiscal years ns follows: (i) S400 million in
Fiscal Year 2.015; (ii) 5700 million in Fiscal Year 2016; (iii) Sl billion in Fiscal Year 2017; (iv)
Sl.3 billion in Fiscal Year 2018; and (v) for every fiscal year thereafter. the savings on a
citywide basis in health care costs shall continue on a recurring b~is. At the conclusion ofF iscal
Year 2018, the parties shall calculate the savings realized during the prior four-year period. In
the event that the MLC has generated more than $3.4 billion in cumulative healthcore savings
during the four-year period, as determined by the jointly selected healthcare actuary, up to the
first $365 million ofs uch additional savings shall be credited proportionately to each union as a
one-time lump sum pensionable bonus payment for its members. Should the union desire to use
these funds for other purposes, the parties shall negotiate in good faith to attempt to agree on an
appropriate alternative use. Any additional savings generated for the four-year period beyond the
first $365 million wm be shared equally with the City and the MLC for the same purposes and
subject to the same procedure as the fust $365 million. Additional savings beyond SI .3 billion in
FY 2018 that cany over into FY 20l9 shall be subject to negotiations between the parties.
6. The fo Uowing initiatives are among those that the MLC ond the City could consider in
their joint efforts to meet the aforementioned annual and four-year cumulative savings figures:
minimum premium, sclf-insunmcc, dependent eligibility verification audits, the capping of the
HIP HMO rate. the capping of the Senior Care rate, the equalization fonnula, marketing plans,
Medicare Advantage. and the more effective delivery of health care.
7. Dispute Resolution
a. In the event ofa ny dispute under this agreement. the parties shall meet and confer
in an attempt to resolve the dispute. If the parties cannot resolve the dispute, such
dispute shall be referred to Arbitrator Martin F. Scheinman for resolution.
b. Such dispute shall be resolved within 90 cbys.
c. The arbitnnor shall have the authority to impose interim relief that is consistent
with the parties' intent.
d. The nrbitrutor shall have the authority to meet with the parties at such times as the
arbitrator determines is appropriate to enforce 1he tcnns of this agrcemenL
e. If the parties ere unable to agree on the independent health care actuary described
above, the arbitrator shall select the impartial health care actuary to be retained by
the parties.
f. The parties shall share the costs for the nrbitrator and the actuary the arbitrator
selects.
2


'
Ift he ibove accords with your WJdentanding and agreement, kindly~ the signamrc
line provided.
Sincerely,
r??-~
µ ~-----
w.
Robert Linn
~oner
Agrrue:ceepleddon w~.i.fo.!~.p,a !LaborCommiuoo
BY;,___. ......._ __________
HanyNcspoli_Cba
l

<a id="office-of-labor-relations-p32"></a>
### OFFICE OF LABOR RELATIONS
_Page 32_

40RcctorStteer, New Yolk, N.Y. 10006•1705
ap;.r,,v/olz
ROBERT W. LINN MAYRA E. BELL
C0mm{S3/onct GennCloutml

<a id="renee-campion-georgette-gestely-p32"></a>
### RENEE CAMPION GEORGETTE GESTELY
_Page 32_

Fln108plll),Commi.wcnu 0fl'llclor, Employse Sene.i!sf'l'09nlnl

<a id="claire-levitt-p32"></a>
### CLAIRE LEVITT
_Page 32_

DcplJly~
Hae/ti Cln Cost Miul•fl""""''
June 2B, 2018
Hany Nespoll, Chair
Municipal Labor Committee
125 Barclay Street
New York, New York
Dear Mr. Nespoli:
1. This is to confirm the ponies' mutual undcrstonding concerning the heallh care agreement for
Fiscal Years2019-202I:
a. The MLC agrees to generate cumulati~ healthcare S4Vings of S1 .1 billion over the
course ofNcw York Cily Fiscal Years 2019 through 2021. Soid savings shall be
generated as follows:
i. $200 million In Fiscal Year 2019;
ii. S300 million in Fiscnl Yc ar 2020;
iii. $600 million in Fiscal Year 2021, and
iv. For every fiscal year thereafter, the S600 million per year savings on a
citywide basis in healthcare cosls .shall continue on a recurring basis.
b. Savings will be: measured against the projected FY 20 I! l•FY 2022 City Finam::ial
Plan (adopted on June IS, 2011) which ineorporatcs projected City hcallh care cost
increases of.,./4 In Fiscal Yem ("FY") 2019, 6.5% in FY 2020 and 6% in FY 2021.
Non-iecurring savings may be transferrable within the years FY 2019 through FY
2021 pursuant only to l(a)(i), l(a)(ii), l(a)(iii) above. For example:
I. S205 million In FY 2019 and $295 million in FY 2020 will qualify for those
yi:an' SllVings targets under I( a)(i) and I( 11Xii).
ii. $210 million.in FY 2019, $3 JO million In FY 2020, and $580 million in 'fY
2021 will qualify for those years' savings targets under I( a)(i), I( a)(II),
l(a)(iii).
Iii. In any event, the $600 million pursuant to l(aXiv) musl be recurring and
ogreed to by the parties within FY 2021, and ~y not be borrowed from
other years.


c. Savings attribulnblc to CBP programs will continue to be transferred to the City by
offsetting the savings 11mounts documented by Empire Blue Cross and OHi against
the cquali2atlon payments from the City lo the Stabilization Fund ror FY 19, FY 20
and FY 21, unless otherwise agreed lo by the City and the MLC. (n order for this
offsel to expire, any savings achieved in this manner must be replaced in order lo
meet the recurring obligation under l (a)(iv) above.
d. Toe panies agree that nny savings within the period or FY 20 IS -20 IB o ver SJ.II
billion Diislng from lhc 2014 City/MLC Health Agreement will be counted towards
lhc FY 2019 goal. This iscum:ntly estimated al 1pproxima1ely Sill million bul will
not be finalized until the full year of FY 2018 data is transmitted and analyzed by the
City's and the MLC's nclumics.
e. Toe parties agree that recurring savings over Sl.3 billion for FY 2018 arising under
the 2014 City/MLC Health Agreement will be counted toward the goal for Fiscal
Years 2019, 2020, 2021 nnd for purposes oft he recurring obligation under l(a)(iv)
above. This is currently estimated at approximately S40 million bul will nol be
finaliz.ed until the full year of FY 2018 dala is transmitted and analyzed by the Ciiy's
and lhc MLC's 11clu111ics. Once the amount is finalized, thal amount shall be npplicd
lo Fiscal Years :?019, 2020, 2021 and to lhc obligalion under l(a)(iv).
2. After the conclusion of Fiscal Year 2021, the pArtics shall calculnte the savings realized during
the 3 year period. In lhe event that the MLC has generated more than $600 million In recurring
healchcarc savings, as agreed upon by lhe City's and lhc MLC's actuaries, such additionnl savings
shall be utilized as follows:
n. The first S68 million will be used by the City to make a SI 00 per member per year
incrense to welfare funds (actives and retirees} effective July 1, 2021. If a savings
amount over $600 million but less rh:in S668 million Is achieved, the SI 00 per member
per year (actives and retirees) increase will be proraled.
b, Any savings thereafter shnll be split equally between the City and lhe MLC and applied
in o m11J1ncr agreed to by the ~ies.
3. Beginning Janunry I, 2019, and continuing unless and until the pil11ies agree otherwise, the
parties shall authorize the qumtcrly provision of the following dalo to the Cily'.s and MLC's
actuaries on an ongoing quarterly basis: (I) detailed clnim-level health dlll!I from Emblem Henlth
and Empire Blue Crass Including dclniled claim-hive! dala for City cmplo~ covered under lhe
OHr-CBP programs (including Senior Care and Bwvlornl Health lnronnatlon); nnd (2)
utilization datn under lhe HIP-HMO plllll. Such data shall be provided within 60 days orthe end
ore ach quarterly period. The HIP-HMO utiliVJtion d11la will also be provided to the City's and
MLC's actuaries wilhln 60 d11y.s of the execution of this letter egrccmcnt for City Fiscal Year
2018 a.s basclinc information to assess ongoing savings. The HIP-HMO data shall inclwlc: (i) •
utilizalion by procedure for site ors ervice benefit changes: (ii) utilization by disease state, by
procedure (for purposes ora ssessing Centers ofE xcellence); and (iii) member engagement d11111.
for the Wellness program, including stratifying members by three tranches (level I, 11 and II).
The dale shntl include baseline dotn as wcll 115 data rcgnrding the assumptions uti lizcd in
dctcnnining expected savings for comparison. The data described in this paragraph sh11II be
provided pursuant to a data sharing agreement entered into by the City 11nd MLC, akin to prior
dntn agreements, which shall provide for the protection of member priv&:y and related concerns,
shall cover 1111 periods addressed by this Agreement (I.e.,. through June 30, 2021 and 1hercaf\cr),
and shnll be executed within thirty days oflhe cxecution oft his letter ogrcemcnt.
2


4. The parties ogree lhot lhe Welfare Funds will recein two SI 00 per member one-time lump-sum
payments (octives ond retirees) funded by the Joint Stnbtlization Fund payable effective July I,
2018andJuly 1,2019.
5. The parties recognize that despite extraoidinnry saving.5 to health costs accomplished In the last
round ofn cgoliatlons lhrough 1helr efforts and the Innovation of the MLC, and the further snvinp
which shnll be implcmenlcd as result ort his agreement, that the longer term sustainability of
II
hcnlth care for workers and their familii:s, requires further study, savinp and efficiencies in the
method of health care delivery. To th.ill end, the parties wil I wllhln 90 days establish a Trlpar1 lte
Hc:allh Insurance Policy Committee ofMLC and City member!, chaired by one member each
appointed by the MLC and the City, and Martin F. Schcinman, Esq. The Committee shall sludy
the Issues using appropriate data and recommend for implementation as soon as practicable
during the term of this Agreement but no later than June 30, 2020, modifications to the way in
which health core is cunently provided or funded. Among the lopics the Committee shall
discuss:
Self-insurance and/or minimum premium arrangemenlS for the HIP HMO plan.
I\.
b. Medicare AdvanlAge- adoption or a Medicare Advantage bcnchmilJ'k pl11n for retirees
c. Consolid.ited Drug Purchasing-welfare funds, PICA and health plan prescription costs
pooling their buying power a.nd resources to purchase prescription drup.
d. Comp:uubllity-investigation ofo ther unionized settings regarding their methodology for
delivering health benefits including the prospect of coordination/cooperation to increase
purchasing power and lo decrease admlnislnllive expenses.
e. Audits and Coordination of Benefits• audit Insurers for claimi and financial accuracy,
coordinalion of bcnefiis. prc-65 disabled Medicare utilization, End Stage Renal OiSC11SC,
PICA, nnd Payroll Audil of Part Time Employees.
r.
Other nre:is- Centers ofE xcellence for specific conditions; Hospital and provider licring;
Precer1ificntlon Fees; Amendment of Medicare Part B reimbursement; Reduction of cost
for Pre-Medicare retirees who have nccess to other coverage; Changes to the Senior Care
rate; Changes to the equali1.11tion formul:i.
g. PotenliDI RFPs for all medical and hospital benefits.
h. S1atus oft he St11btlization Fund.
The Comminee will make recommendelhms to be consid~d by the MLC nnd the Cily.
6. The joint committee shall be known as the Tripmile Health Insurance Policy Commiuec
(THIPC) nnd shall be independent of the existing "Technical Committee." Thc "Technical
Committee" will conlinuc its work and Will work in conjunc1ion with the TH IPC as dcsigmued
above to address areas of health benefit changes. The Technical Committee will conlinue to be
suppor1ed by sepmlllc actuaries ror thc City ond the MLC. The City and the MLC will c3ch be
responsible for the costs ofits actuary.
7. In the event of nny dispute under sections 1-4 of this Agreement, thc p:irtles sh:ill meet and confer
in an attempt to resolve the dispute. If thc parties t4nnot resolve the dispute, such dispute shall be
referred to Mnnln Schcinman for resolution consistent with the dispute resolution 1erms of the
2014 City/MLC Hcclth Agreement:
e. Such dispute shall be resolved within 90 days.
3


,..
'
,.
b. The arbibator shall have the authority to impose interim relief that Is
~ tw ilh the parties' intent.
c. arbitrator shall have the authority lo meet with the parties as such
~
times~ Is ~roprlatc to enforce lhc tcnns oft his ~cnL
d. Tho partie!! shall slwe lhe costs for the arbitrator (including Committee
meetings).
lfthe above confonn.s to your understanding. please countersign below.
.~ -1 ~
/ ~ t r [ _
1
w.
Robert Unn
4

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_End of contract. Source PDF: <https://www.nyc.gov/assets/olr/downloads/pdf/collectivebargaining/2021-2026/City_Laborer_2021-06-16--2026-07-15.pdf>_
