Resolution No. 92881 RESOLUTION NO. 9288
2
.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
A PROJECT LABOR AGREEMENT FOR THE VERNON POWER
4 PLANT PROJECT BY AND BETWEEN THE CITY OF VERNON
5 AND THE STATE BUILDING AND CONSTRUCTION TRADES
COUNCIL OF CALIFORNIA, THE LOS ANGELES/ORANGE
6 COUNTIES BUILDING & CONSTRUCTION TRADES COUNCIL
AND LOCAL UNIONS
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8 WHEREAS, the City of Vernon (the "City") owns and operates
9 its own electric system which services the City's constituents; and
10 WHEREAS, the City is in the process of developing a natural
11 gas -fired combined cycle power plant located within City limits
12 officially named the Vernon Power Plant (the "VPP Project") for the
13 purpose of installing additional generating capacity that will yield
14 an efficient, cost-effective, and reliable source of electric
15 generation to the City; and
16 WHEREAS, Project Labor Agreements are a construction
17 management tool that provides an economic and efficient process for
18 public agencies to ensure that projects are built better, faster and
19 cheaper utilizing a steady supply of highly skilled productive
20 craftworkers, thereby providing outstanding value to public agencies
21 and good wages and benefits for California working families; and
22 WHEREAS, the City desires to enter into a Project Labor
23 Agreement with the State Building and Construction Trades Council/of
24 California ("State Council"), the Los Angeles/Orange Counties Building
25 & Construction Trades Council ("Local Council") and the local unions
26 ("Unions") for the construction of -the VPP Project; and
27 WHEREAS, the City Council of the City of Vernon has
28 determined that, pursuant to the provisions of subsection (a) of
1 Section 2.27 of the Vernon City Code, it is in the public interest and
2 necessity to enter into an Agreement with the State Council, the Local
3 Council and the Unions.
{
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
5 CITY OF VERNON AS FOLLOWS:
6 SECTION 1: The City Council of the City of Vernon hereby
7 finds and determines that the recitals contained hereinabove are true
8 and correct.
9 SECTION 2: The City Council of the City of Vernon hereby
10 approves the Project Labor Agreement for the Vernon Power Plant with
11 the State Council, the Local Council and the Unions, in substantially
12 the same form as Exhibit A which is attached hereto and incorporated
13 herein by reference.
14 SECTION 3: The City Council of the City of Vernon hereby
15 authorizes the Mayor to execute said Agreement for, and on behalf of,
16 the City of Vernon and the Acting City Clerk is hereby authorized to
17 attest thereto.
18 SECTION 4: The City Council of the City of Vernon hereby
19 authorizes the Acting City Administrator, or his designee, to make
20 whatever nonsubstantive, administrative and/or text changes, upon
21 advice of counsel, to the Agreement.
22 SECTION 5: The City Council of the City of Vernon hereby
23 directs the City Attorney to handle the processing of the signed
24 Agreements to all parties.
25 SECTION 6: The City Council of the City of Vernon hereby
26 authorizes the Acting City Administrator, or his designee, to execute
27 any and all documents necessary or required to implement and carry out
28 the Agreement consistent with the terms of the Agreement approved
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herein for, and on behalf of, the City of Vernon and to perform such
other acts and deeds, as may be necessary or convenient to effect the
purposes of this Resolution and the transactions herein authorized.
SECTION 7: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 16th day of April, 2007.
TTEST:
ANUELA GI N, (Acting City Clerk
LEONIS C. MA B.URG, yor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
9288, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Monday, April 16,
2007, and thereafter was duly signed by the Mayor of the City of
Vernon. I
(SEAL)
MANUELA GI ON, cting City Cler
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EXHIBIT A
PROJECT LABOR AGREEMENT
FOR THE
VERNON POWER PLANT PROJECT
LOS ANGELES COUNTY, CALIFORNIA
1877-005a
1. INITIAL PROVISIONS
1.1. This Project Labor Agreement ("Agreement") is entered into by the
City of Vernon ("Primary Employer"), and the State Building and Construction
Trades Council of California ("State Council'), the Los Angeles/Orange Counties
Building & Construction Trades Council ("Local Council') and the local unions who
have executed this Agreement, all of whom are referred to collectively as the
"Unions."
1.2. The Vernon Power Plant Project (the "Project") is an approximately
943 MW electric generating facility located in Vernon, California. The Primary
Employer is also currently the owner of the Project ("Owner"). It is understood and
agreed by and between the parties to this Agreement that the final plans for the
Project may be subject to modifications and approval by those public agencies
possessing lawful approval authority over the Project and that this Agreement
applies to the Project as it is finally approved by such entities and agencies.
1.3. Primary Employer is a municipality that provides electric service to its
residents and businesses. The Primary Employer will construct, operate and
maintain the Project through its employees, contractors and agents. Primary
Employer controls the site at which the Project will be constructed. Primary
Employer performs construction work with its employees and reserves the right to
directly perform construction on the Project with its own employees. Subject to the
provisions of a Master Agreement (as defined in Section 1.5), Primary Employer
shall retain the right to control and coordinate all project construction work by
determining work scheduling, including uniform start times, the necessity for and
the times of shift work, by directly enforcing any drug and alcohol abuse policy
which is agreed to by any contractor or subcontractor and the Local Council, and
otherwise directly removing any employee whether employed directly or by any
contractor or subcontractor for breach of reasonable rules promulgated by Primary
Employer governing conduct on the job. Primary Employer shall have the right
upon receipt of the written complaint of any employee to order corrective action
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1877-005a
necessary to maintain reasonable and lawful standards for work place health and
safety. Primary Employer shall act as the coordinator, participate in monthly
labor/management meetings, participate in pre -job conferences and mark-up
meetings, and, at its option, participate in the resolution of any grievances.
1.4. As provided below, all project managers, construction managers,
contractors, subcontractors or other persons or entities assigning, awarding or
subcontracting Covered Work (as defined in Article 2), or authorizing another party
to assign, award or subcontract Covered Work, or performing Covered Work will be
subject to this Agreement by executing Attachment A, the Employer Agreement to
be Bound (all of whom, including the Primary Employer, are individually and
collectively referred to as "Employer" or "Employers").
1.5. The Unions are labor organizations whose members are construction
industry employees who generally work in close proximity to one another at
construction job sites and whose jobs are closely related and coordinated. Each of
the Unions is a party to a multi -employer collective bargaining agreement ("Master
Agreement") that covers the geographic area of the Project. Where the term Master
Agreement is used, it means the existing Master Agreement currently in effect as to
each of the Unions.
1.6. A large labor pool represented by the Unions will be required to
execute the work involved in the Project. Employers wish, and it is the purpose of
this Agreement, to ensure that a sufficient supply of skilled craft workers are
available at the Project, that all construction work and related work performed by
the members of the Unions on this Project shall proceed continuously, without
interruption, in a safe and efficient manner, economically with due consideration for
the protection of labor standards, wages and working conditions.
1.7. In furtherance of these purposes and to secure optimum productivity,
harmonious relations between the parties and the orderly performance of the work,
the parties to this Agreement agree to establish adequate and fair wage levels and
working conditions and to protect the Project against strikes and lockouts and other
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1877-005a
interference with the process of the work, including interference that could have
arisenmay at a common-situs jobsite if union employees had been
requiredhave to work along side non -union employees in their own craft or in those
other crafts with which they generally work in close proximity performing work that
is closely related and coordinated.
1.8. In the interest of the future of the construction industry in the local
area, of which the Unions are a vital part, and to maintain the most efficient and
competitive posture possible, the Unions pledge to work and cooperate with the
management of the Project to produce the most efficient utilization of labor and
equipment in accordance with this Agreement.
2. SCOPE OF AGREEMENT
2.1. This Agreement covers all on -site construction, alteration or repair of
buildings, structures and other works and related activities for the Project that is
within the craft jurisdiction of one of the Unions and which is directly or indirectly
part of the Project, including, without limitation, pipelines (including those in linear
corridors built to serve the Project), pumps, pump stations, start-up and
commissioning, site preparation, survey work and field soils and material inspection
and testing, all on -site fabrication work provided such work is within the fabrication
provision of a local master or national agreement of one of the Unions, demolition of
existing structures, and all construction, demolition or improvements required to be
performed as a condition of approval by any public agency. On -site fabrication work
includes work done for the Project in temporary yards or areas near the Project. All
fabrication work over which the Owner possesses the right of control and which is
traditionally claimed as on -site fabrication shall be performed on -site. For the
convenience of the Primary Employer or other Employers, such work may be
performed off -site. In that event, such fabrication work shall be performed in
accordance with the union standards established by this Agreement for the
appropriate craft Union or by a fabrication agreement approved by the craft's
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International Union. On -site construction shall also include the site of any batch
plant constructed solely to supply materials to the Project. Construction of offsite
utilities, when performed by 12G&Ea utility other than Primary Employer, shall not
be considered Covered Work. All work within the scope of this Agreement is
referred to as "Covered Work" in this Agreement.
2.2. Startup and commissioning, including but not limited to system
flushes and testing, loop checks, rework and modifications, functional and
operational testing up to and including the final running test, is Covered Work. It
is understood that the Owner, manufacturer's and vendor's representatives, and
plant operating personnel may supervise and direct this activity. A manufacturer
or its representatives may perform industry standard work to satisfy its guarantee
or warranty prior to start-up of a piece of equipment.
2.3. Specialized or technical work requiring specialized training, unique
skills, or a level of specific technical experience which employees represented by the
Union do not possess is excluded from this
Agreement. At least ten (10) working days notice shall be given to the Local
Council before any work is performed pursuant to this Section.
2.4. This Agreement applies to all employees performing Covered Work. It
does not apply to Primary Employer's supervisors not covered by a collective
bargaining agreement, technical or non -technical employees including, but not
limited to, executives, office and clerical employees, drafters, sup , engineers
not performing Covered Work described in Section 2.1, time keepers, messengers,
guards, inspectors, or any other employees above the classification of general
foreman or who perform administrative/clerical functions.
2.5. After construction and installation is completed by the Primary
Employer and upon acceptance, it is understood that the Primary Employer and/or
the plant operator reserve the right to perform industry standard procedures and
operation not within the scope of this Agreement using persons of its choice. Work
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1877-005a
performed or contracted by the Primary Employer and/or the plant operator after
the completion of Covered Work is not included within the scope of the Agreement.
3. SUBCONTRACTING
3.1. Primary Employer, and each other Employer, as defined in Section 1.4,
agree that they will contract for the assignment, awarding or subcontracting of
Covered Work, or authorize another party to assign, award or subcontract Covered
Work, only to a person, firm, corporation or other entity that, at the time the
contract is executed, has become a party to this Agreement by executing
Attachment A, the Employer Agreement to be Bound.
3.2. Primary Employer and each other Employer, as defined in Section 1.4,
agree that they will subcontract Covered Work only to a person, firm, corporation or
other entity who is or becomes party to this Agreement and who is or becomes
bound for purposes of performing Covered Work to either a local, area or regional
Master Agreement with the craft Union having traditional and customary building
trades craft jurisdiction over the work or, only in the case of a national contractor, a
national agreement with the International Union(s) of the craft Union(s) having
traditional and customary jurisdiction over the work. Any Employer (including
Primary Employer) performing Covered. Work on the Project shall, as a condition to
working on the Project, become signatory to this Agreement, and shall perform all
work under the terms of this Agreement and the applicable Master Agreement (the
"Applicable Agreement"). Before being authorized to perform any Covered Work,
Employers (other than Primary Employer) shall become a party to this Agreement
by signing Attachment A, the "Employer Agreement to be Bound." Every Employer
shall notify the Local Council and the State Council in writing within five business
days after it has subcontracted work, and shall at the same time provide to the
Local Council and the State Council a copy of the executed Employer Agreement to
be Bound.
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1877-005a
3.2.1. All work within the scope of the Joint National Industrial
Agreement for Instrument and Control System Technicians or its successor may, at
the option of the Employer be performed under the terms of that Agreement or its
successor agreement.
3.3. Notwithstanding eetien 3.2an Employer-w (a) is a signatory to -a
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-.3.3. Nothing in this Agreement shall in any manner whatsoever
limit the rights of the Primary Employer, or any other Employer, to subcontract
Covered Work or to select its contractors or subcontractors, provided, however, that
all Employers, at all tiers, assigning, awarding, contracting or performing, or
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1877-005a
authorizing another to assign, award, contract or perform Covered Work shall be
required to comply with the provisions of this Agreement. Primary Employer and
every other Employer shall notify each of its contractors and subcontractors of the
provisions of this Agreement and require as a condition precedent to the assigning,
awarding or subcontracting of any Covered Work or allowing any subcontracted
Covered Work to be performed, that all such contractors and subcontractors at all
tiers become signatory to this Agreement and bound to the Applicable Agreement
for this Project. Any Employer that fails to provide the Local Council and State
Council with the Employer Agreement to be Bound rand Subs,, fiber Agreement]
executed by its contractor or subcontractor shall be liable for any failure of that
contractor or subcontractor, or any contractor or subcontractor at a lower tier, to
comply with the provisions of this Agreement, including any contributions to any
trust funds that the contractor or subcontractor, or any subcontractor to that
subcontractor, fails to make.
16--3.4. It is recognized that the delivery of cement, ready -mix,
aggregate and asphalt is Covered Work. In circumstances where the Primary
Employer shows that no suitable Union designated contractor is available to furnish
these required materials within reasonable proximity to the plant construction site,
then the Primary Employer will consult with the Union directly as these and other
such matters arise.
34-.-3.5. Work within the craft jurisdiction of the Elevator Constructors
will be performed under the terms of the National Agreements of the International
Union of Elevator Constructors. [What ;s th s9
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1877-005a
4. WAGES AND BENEFITS
4.1. All employees covered by this Agreement (including foremen and
general foremen if they are covered by the Master Agreement) shall be classified
and paid wages, other compensation including but not limited to travel, subsistence,
and shift premium pay, and contributions made on their behalf to multi -employer
trust funds, all in accordance with the then current multi -employer Master
Agreement of the applicable Union -as- negotiated -i-n-and providedfeF-ut the time o
the signing rthis Agreement-.
4.2. Any special interest bargaining which establishes wage rates,
classifications, zones, or wage escalations which apply exclusively to the Project will
not be recognized. In addition, there shall be no redlining of the Project in any
future multi -employer collective bargaining agreements by singling out, either by
name or by effect, the Project or the Employers for less favorable wages, benefits or
working conditions than are generally accorded other industrial projects in the
same general geographic area.
5. UNION RECOGNITION
5.1. The Employers recognize the Unions signatory to this Agreement as
the sole and exclusive collective bargaining agents for their respective construction
craft employees performing Covered Work for the Project, and further recognize the
traditional and customary craft jurisdiction of each Union.
5.2. All employees performing Covered Work shall be or shall become and
then remain members in good standing of the appropriate Union as a condition of
employment on or before the eighth (8th) day of'employment, or the eighth (8th) day
following the execution of this Agreement, whichever is later.
5.3. The Unions shall be the source of all craft employees for Covered Work
for the Project. Employers agree to be bound by the hiring and layoff practices of
the respective Union, including hiring of apprentices, and to utilize its registration
facilities and referral systems, provided that such hiring practices and referral
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systems have not been found to violate State or Federal law by, among other things,
discriminating on the basis of union membership or non -membership, or on the
basis of race, creed, color, sex, religion, age or national origin. Further, in the event
that the Unions' hiring practices or referral system are found to violate State or
Federal law, the Unions hereby agree to indemnify Employers for any damages
which Employers become obligated to pay as a result of any judgment or settlement
in any action based on such violation(s) and for any expenses, costs and attorney's
fees incurred by Employers in defending any action based on such violation(s). In
the event that the Employer(s)' hiring practices are found to violate State or Federal
law, the Employer(s) hereby agree to indemnify the Unions for any damages which
Unions become obligated to pay as a result of any judgment or settlement in any
action based on such violation(s) and for any expenses, costs and attorney's fees
incurred by the Unions in defending any action based on such violation(s).
5.4. In the event the referral facilities maintained by the Unions do not
refer the employees as requested by the Employer within a forty eight (48) hour
period after such requisition is made by the Employer (Saturdays, Sundays and
Holidays excepted), the Employer may employ applicants from any source, but shall
arrange for a dispatch to be issued for such applicant from the Union within twenty
four (24) hours of the commencement of employment and the dispatch shall upon
request be issued to the Union to the employee. Employer will notify the Unions of
such gate -hires.
5.5. Each Union shall have the right to designate a working journeyperson
as a steward. The steward shall be a qualified employee performing the work of
that craft and shall not exercise any supervisory functions. Each steward shall be
concerned with the employees of the steward's Employer and not with the
employees of any other Employer. A steward shall be allowed sufficient time to
perform his duties.
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6. WORK STOPPAGES AND LOCKOUTS
6.1. During the term of this Agreement there shall be no strikes, sympathy
strikes, picketing, work stoppages, slow downs, interference with the work or other
disruptive activity for any reason by the Union or by any employee and there shall
be no lockout by the Employer. Failure of any Union or employee to cross any
picket line established at the Employer's Project site is a violation of this Article.
6.2. The Union shall not sanction, aid or abet, encourage or continue any
work stoppage, strike, picketing or other disruptive activity at the Employer's
Project site and shall undertake all reasonable means to prevent or to terminate
any such activity. No employee shall engage in activities which violate this Article.
Any employee who participates in or encourages any activities which interfere with
the normal operation of the Project shall be subject to disciplinary action, including
discharge, and if justifiably discharged for the above reasons, shall not be eligible
for rehire on the same project for a period of not less than ninety (90) days.
6.3. The Union shall not be liable for acts of employees for which it has no
responsibility. The business manager(s) of the respective local union(s) will
immediately instruct, order and use the best efforts of his office to cause the local
union(s) to cease any violations of this Article. The principal officer or officers of a
local union will immediately instruct, order and use the best efforts of his office to
cause the employees the local union represents to cease any violations of the Article.
A local union complying with this obligation shall not be liable for unauthorized
acts of employees it represents. The failure of the Employer to exercise its right in
any instances shall not be deemed a waiver of its right in any other instance.
6.4. The Union(s) agrees that if any union or any other persons, whether
parties to this Agreement or otherwise, engage in any picketing or work stoppages,
the signatory Unions shall consider such work stoppage or picketing to be illegal,
and refuse to honor such picket line or work stoppage.
6.5. In the event of any work stoppage, strike, sympathy strike, picketing
interference with the work or other disruptive activity in violation of this Article,
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the Employer may suspend all or any portion of the Project work affected by such
activity at the Employer's discretion and without penalty.
6.5.1. There shall be no strikes, sympathy strikes, picketing, work
stoppages, slowdowns, interference with the work, or other disruptive activity,
affecting the Project site during the term of this Agreement. Any Union which
initiates or participates in a work stoppage in violation of this Article, or which
recognizes or supports the work stoppage of another Union which is in violation of
this Article, agrees as a remedy for said violation, to pay liquidated damages in
accordance with Section 6.6.8 of this Article.
6.6. In lieu of, or in addition to, any other action at law or equity, any party
may institute the following procedure when a breach of this Article is alleged, after
the Union(s) and/or local union(s) has been notified of the fact.
6.6.1. The party invoking this procedure shall notify Joe Gentile.,
{Norman Brand} or Joe Grodin; who the parties to this Agreement agree shall be
the permanent Arbitrators under this procedure. In the event that either of the
permanent Arbitrators is unavailable at any time, the American Arbitration
Association shall select an alternative arbitrator within twenty-four (24) hours of
notice. Notice to the Arbitrator shall be by the most expeditious means available,
with notice by fax or electronic means or any other effective written means, to the
party alleged to be in violation and the involved International Union President, and
or local union.
6.6.2. Upon receipt of said notice the Arbitrators named above shall
set and hold a hearing within twenty-four (24) hours if it is contended that the
violation still exists.
6.6.3. The Arbitrator shall notify the parties by fax or electronic means
or any other effective written means, of the place and time he has chosen for this
hearing. Said hearing shall be completed in one session. A failure of any party or
parties to attend said hearing shall not delay the hearing of evidence or issuance of
an Award by the Arbitrator.
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6.6.4. The sole issue at the hearing shall be whether or not a violation
of this Article has in fact occurred. The Award shall be issued in writing within
three (3) hours after the close of the hearing, and may be issued without an
Opinion. If any party desires an Opinion, one shall be issued within fifteen (15)
days, but its issuance shall not delay compliance with, or enforcement of, the
Award. The Arbitrator may order cessation of the violation of this Article by the
Union, and such Award shall be served on all parties by hand or registered mail
upon issuance.
6.6.5. Such Award may be enforced by any court of competent
jurisdiction upon the filing of this Agreement and all other relevant documents
referred to hereinabove in the following manner. The fax or electronic notice of the
filing of such enforcement proceedings shall be given to the other party. In the
proceeding to obtain a temporary order enforcing the Arbitrator's Award as issued
under Section 6.6.4 of this Article, all parties waive the right to a hearing and agree
that such proceedings may be ex parte. Such agreement does not waive any party's
right to participate in a hearing for a final order of enforcement. The Court's order
or orders enforcing the Arbitrator's Award shall be served on all parties by hand or
by delivery to their last known address or by registered mail.
6.6.6. Any rights created by statute or law governing arbitration
proceedings inconsistent with the above procedure or which interfere with
compliance therewith are hereby waived by the parties to whom they accrue.
6.6.7. The fees and expenses of the Arbitrator shall be borne by the
party or parties found in violation, or in the event no violation is found, such fees
and expenses shall be borne by the moving party.
6.6.8. If the Arbitrator determines that a violation has occurred in
accordance with Section 6.6.4 above, the party or parties found to be in violation
shall pay as liquidated damages, the following amounts: for the first shift in which
the violation occurred, $15,000; for the second shift, $20,000; for the third shift,
$25,000; for each shift thereafter on which the craft has not returned to work,
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$25,000 per shift. The Arbitrator shall determine whether the specified damages in
this Section shall be paid to the Owner or an Employer. The Arbitrator shall retain
jurisdiction to determine compliance with this section and this Article.
6.7. The procedures contained in Section 6.6 shall be applicable to alleged
violations of this Article. Disputes alleging violation of any other provision of this
Agreement, including any underlying disputes alleged to be in justification,
explanation or mitigation of any violation of this Article, shall be resolved under the
grievance procedures of Article 8.
6.8. Notwithstanding the provisions of Section 6.1 above, it is agreed that,
with twenty four (24) hour prior notice to the Primary Employer, a Union retains
the right to withhold the services of its members from a particular contractor or
subcontractor who fails to make timely payments to the Union's benefit plans, or
fails to timely pay its weekly payroll, in accordance with its agreements with the
Union; provided, however, that in the event the Union or any of its members
withholds their services from such contractor or subcontractor, Primary Employer
shall have the right to replace such contractor or subcontractor with any other
contractor or subcontractor who executes the Agreement to be Bound.
6.9. In the event that any applicable labor agreement expires and the
parties to that agreement fail to reach agreement on a new contract by the date of
expiration, a Union shall continue to provide employees to the Employers working
on the Project under all the terms of the expired agreement until a new agreement
is negotiated, at which time all terms and conditions of that new agreement shall be
applied to Covered Work at the Project, except to the extent they conflict with any
provision of this Agreement. In addition, if the new labor agreement -'provides for
wage or benefit increases, then any Employer shall pay to its employees who
performed Covered Work at the Project during the hiatus between the effective
dates of such labor agreements, an amount equal to any such wage and benefit
increases established by the new labor agreement for such work performed.
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7. HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS
7.1. The standard work day shall consist of eight (8) hours of work between
6:00 a.m. and 5:30 p.m. with one-half hour designated as an unpaid period for
lunch. The standard work week shall be five (5) consecutive days of work
commencing on Monday. Nothing herein shall be construed as guaranteeing any
employee eight (8) hours of work per day or forty (40) hours of work per week.
7.2. Common shifts during the standard work day may be established when
considered necessary by the Employer. The Employer shall provide at least one
week notice to the Local Council and the Unions involved prior to any change in
shift time, except in unforeseen circumstances, in which case notice shall be given
as soon as practicable. Any shifts established shall continue for the established
work week. If a Local Agreement provides for a different work shift schedule, the
Employer may opt for that schedule for that craft.
7.3. It is recognized by the parties to this Agreement that the standard
work week may not be desirable or cost effective for some projects, and other
arrangements for hours of work will be considered. Such proposed modifications to
the standard work week shall be worked out between the Primary Employer and
the Union. Project schedule, manpower requirements, the geographic locations of
the project and other appropriate factors, will be taken into consideration by the
parties in reaching an understanding on work schedules.
7.4. Recognized holidays shall be as follows: New Year's Day, Martin
Luther King, Jr. Day, Presidents' Day, Memorial Day, Fourth of July, Labor Day,
Veterans Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day.
Under no circumstances shall any work be performed on Labor Day except in cases
of emergency involving life or property. In the event a holiday falls in Saturday, the
previous day, Friday, shall be observed as such holiday. In the event a holiday falls
on Sunday, the following day, Monday, shall be observed as such holiday. There
shall be no paid holidays. If employees are required to work on a holiday, they
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shall receive the appropriate rate; but in no case shall such overtime rate be more
than double the straight time rate.
8. GRIEVANCE PROCEDURE
8.1. It is mutually agreed that any question arising out of and during the
term of this Agreement involving its interpretation and application (other than
jurisdictional disputes or successorship) shall be considered a grievance. Questions
between or among parties signatory to a Master Agreement arising out of or
involving the interpretation of a Master Agreement shall be resolved under the
grievance procedure provided in that Master Agreement.
8.2. The Primary Employer and other Employers, as well as the Unions,
may bring forth grievances under this Article.
8.3. A grievance shall be considered null and void if not brought to the
attention of the Employer(s) within five (5) working days after the incident that
initiated the alleged grievance occurred or was discovered, whichever is later. The
term "working days" as used in this Article shall exclude Saturdays, Sundays or
holidays regardless of whether any work is actually performed on such days.
8.4. Grievances shall be settled according to the following procedure except
that grievances that do not involve an individual grievant shall be discussed by the
Primary Employer, State Council and Local Council and then, if not resolved within
5 working days of written notice unless extended by mutual consent, commence at
Step 4:
Step 1
The Steward and the grievant shall attempt to resolve the
grievance with the craft supervisor within five (5) working
days after the Grievance has been brought to the
attention of the Employer.
Step 2
In the event the matter remains unresolved in Step 1
above after five (5) working days, within five (5) working
days thereafter, the alleged grievance may be referred in
15
1877-005a
writing to the Business Manager(s) of the Union(s)
affected and the project manager or Labor Relations
representative of the Employer(s) for discussion and
resolution. A copy of the written grievance shall also be
mailed/faxed/emailed to the Primary Employer.
Step 3
In the event the matter remains unresolved in Step 2
above within five (5) working days, within five (5) working
days thereafter, the grievance may be referred in writing
to the Business Manager(s) of the affected Union(s)
involved and the Manager of Labor Relations of the
Employer(s) or the Manager's designated representative,
and the Primary Employer for discussion and resolution.
Step 4
If the grievance is not settled in Step 3 within five (5)
working days, either party may request the dispute be
submitted to arbitration or the time may be extended by
mutual consent of both parties. The request for
arbitration and/or the request for an extension of time
must be in writing with a copy to the Primary Employer.
The parties agree that Louis Zigman, Douglas Collins,
and Howard Block shall be the permanent arbitrators for
purposes of this Article 8. , Should the permanent
arbitrators be unavailable and the parties are unable to
mutually agree on the selection of an Arbitrator, selection
for that given arbitration shall be made by seeking a list
of seven (7) arbitrators from the Federal Mediation and
Conciliation Service and alternately striking names from
the list of names on the list until the parties agree on an
Arbitrator or until one name remains. The first party to
strike a name from the list shall alternate between the
party bringing forth the grievance and the party
defending the grievance. Primary Employer shall keep a
record of the sequence and shall notify the parties to the
grievance as to which party has the right to strike a name
first.
8.5. The Arbitrator shall conduct a hearing at which the parties to the
grievance shall be entitled to present testimonial and documentary evidence.
Hearings will be transcribed by a certified court reporter. The parties shall be
16
1877-005a
entitled to file written briefs after the close of the hearing and receipt of the
transcript.
8.6. Upon expiration of the time for the parties to file briefs, the Arbitrator
shall issue a written decision that will be served on all parties and on the Primary
Employer. The Arbitrator's decision shall be confined to the issue(s) posed by the
grievance and, except as provided in Section 13.1.1, the Arbitrator shall not have
the authority to modify, amend, alter, add to or subtract from, any provision of this
Agreement. The Arbitrator shall have the authority to utilize any equitable or legal
remedy to prevent and/or cure any breach or threatened breach of this Agreement.
The Arbitrator's decision shall be final and binding as to all parties signatory to this
Agreement.
8.7. The cost of the Arbitrator and the court reporter, and any cost to pay
for facilities for the hearing, shall be borne equally by the parties to the grievance.
All other costs and expenses in connection with the grievance hearing shall be borne
by the party who incurs them.
RIME MM-MIT
-.8.8. Any party to a grievance may invite the Primary Employer to
participate in resolution of a grievance. The Primary Employer may, at its own
initiative, participate in Steps 1 through 3 of the grievance procedure.
849-.8.9. In determining whether the time limits of Steps 2-4 of the
grievance procedure have been met, a written referral or request shall be considered
timely if it is personally delivered, faxed or postmarked within the five (5) working
day period. Any of the time periods set forth in this Article may be extended in
writing by mutual consent of the parties to the grievance; and any written referral
or request shall be considered timely if it is personally delivered, faxed or
postmarked during the extended time period.
17
1877-005a
9. JURISDICTIONAL DISPUTES
9.1. The assignment of Covered Work will be solely the resVonsibility of the
Employer performing the work involved; and such work assignments will be in
accordance with the Plan for the Settlement of Jurisdictional Disputes in the
Construction Industry (the "Plan") or any successor Plan.
9.2. All jurisdictional disputes between or among the Unions and their
employees, parties to this Agreement, shall be settled and adjusted according to the
present Plan established by the Building and Construction Trades Department or
any other plan or method of procedure that may be adopted in the future by the
Building and Construction Trades Department. Decisions rendered shall be final,
binding and conclusive on the Employers and Unions parties to this Agreement.
9.3. All jurisdictional disputes shall be resolved without the occurrence of
any strike, work stoppage, or slow -down of any nature, and the Employer's
assignment shall be adhered to until the dispute is resolved. Individuals violating
this section shall be subject to immediate discharge.
9.4. Each Employer will conduct a pre -job conference with the Local
Council prior to commencing work. The Primary Employer and any general
contractor will be advised in advance of all such conferences and may participate if
they wish.
Tr —
Not
9-.6-.9.5. Any award or resolution under Article 9 shall be prospective and
shall not require any back pay for work performed unless the assignment is a
18
1877-005a
knowing violation of a well -established resolution under the Plan and this
Agreement.
Q-.7-.9.6. This Article 9 shall be enforceable in any court of competent
jurisdiction, and shall not be subject to the grievance procedure of Article 8.
10. GENERAL WORKING CONDITIONS
10.1. Employment begins and ends at the Project site.
10.2. The selection of craft foremen and/or general foremen shall be entirely
the responsibility of the Employer, it being understood that in the selection of such
foremen and/or general foremen the Employer will give primary consideration to the
qualified individuals available in the local area. After giving such consideration,
the Employer may select such individuals from other areas. The number of foremen
and general foremen required shall be in accordance with the respective local craft
Master Agreements. All foremen shall take orders from the designated Employer
representatives. Craft foremen shall be designated working foremen at the request
of the Employer, in accordance with the Master Agreement.
10.3. There shall be no limit on production by employees or restrictions on
the full use of tools or equipment. Employees using tools shall perform any of the
work of the trade and shall work under the direction of the craft foremen. There
shall be no restrictions on efficient use of manpower other than as may be required
by safety regulations.
10.4. Employees shall be at their place of work and ready to work at the
starting time (which is the gang box, tool box or place where the foreman gives
instructions to employees). A reasonable time will be allowed for employees to put
company and personal tools in secured storage and return to the parking lot by
quitting time. The Employer will provide adequate facilities for checking in and out
in an expeditious manner.
10.5. All equipment assigned to a project shall be under the control of the
Employer. The Employer shall have the right to determine how many pieces of
19
1877-005a
equipment an individual employee shall operate. In an emergency involving safety
or health, foremen shall operate any equipment assigned by the Employer, and
there shall be no restriction on foremen in the use of the tools of his craft in such
emergency. The foremen shall be from the craft normally operating the equipment.
In accordance with currently recognized craft jurisdiction, the Employer shall
determine the assignment of employees to start, stop, and maintain small portable
construction equipment. Such work may be assigned to craft employees within a
reasonable distance of their primary duties or an employee may be assigned full
time to start, stop and maintain the Employer's small, portable equipment on the
job site. There shall be no over manning of this type of equipment.
10.6. The number of employees assigned to rigging and scaffolding
operations shall be at the sole discretion of the Employer other than as may be
required by safety regulations.
10.7. The Employer may utilize the most efficient methods or techniques of
construction, tools or other labor saving devices to safely accomplish the work.
Practices not a part of the terms and conditions of this Agreement, stand by crews
and feather bedding practices will not be recognized.
10.8.1t is agreed that overtime is undesirable and not in the best interes
the industry or the employees; therefore, eyeept in unusual eireumstanees, over -time
will not be worked. Where unusual eireumstanees do exist, however-, the Employer -
will have the right t . eeifie employees andler erews to perform si
++'��Zc-a.7TUZTGGeUi7-QIy to aeeemplish the job.
40-.9:10.8. Individual seniority shall not be recognized or applied to
employees working on projects under this Agreement.
48.10:10.9. The Employer shall establish such reasonable Project job site
work rules as the Employer deems appropriate. These rules will be reviewed at the
pre -job conference, distributed to all employees, posted at the project site by the
Employer, and may be amended thereafter as necessary.
49 14-.10.10. The Primary Employer and Local Council will negotiate a drug
20
1877-005a
and alcohol screening program consistent with applicable legal requirements.
11. MANAGEMENT RIGHTS
11.1. The Employer retains and shall exercise full and exclusive authority
and responsibility for the management of its operations and work forces, except as
expressly limited by the terms of this Agreement or the Master Agreement. This
authority includes, but is not limited to, the right to:
work.
11.1.1. Plan, direct and control the operation of all the work.
11.1.2. Decide the number and type of employees required for the
11.1.3. Hire, promote and layoff employees as deemed appropriate to
meet work requirements and/or skills required.
11.1.4. Require all employees to observe the Contractor-S Employers'
and Owner's reasonable Project Rules, Security, Environmental and Safety
Regulations, consistent with the provision of this Agreement. These Project Work
Rules and Regulations shall be supplied to the Unions, to all employees and posted
on the job site.
11.1.5. Discharge, suspend or discipline employees for just cause as
provided in the work rules.
11.1.6. Assign and schedule work at its sole discretion and
determine when overtime will be worked. There shall be no refusal by a craft to
perform work, including overtime work, assigned. Such cases shall be subject to the
grievance procedure.
11.1.7. Utilize any safe work methods, procedures or techniques and
select and use any type or kind of materials, apparatus or equipment regardless of
source, manufacturer or designer, except as limited by Section 2.1.
11.1.8. The foregoing listing of management rights shall not be
deemed to exclude other functions not specifically set forth herein. The
21
1877-005a
Centraet r Emplo ers, therefore, retain all legal rights not specifically enumerated
in this Agreement.
12. JOINT LABOR/MANAGEMENT MEETINGS
12.1. During the period of any work performed under this Agreement, a joint
Labor/Management meeting will be held on an approximately monthly basis or
more frequently as needed between the Primary Employer, the other Employers,
and the signatory Unions. The purpose of these meetings is to promote harmonious
labor/management relations, ensure adequate communications and advance the
proficiency and efficiency of the craft workers and contractors performing work at
the Project. These monthly (or more frequent) meetings will also include discussion
of safety, craft resource requirements, scheduling and productivity of work
performed at the Project.
12.2. A Pre -Job Conference will be held prior to the commencement of work
to establish the scope of work in each Employer's contract. When a contract has
been let to an Employer(s) covered by this Agreement, a Pre -Job Conference and/or
Mark -Up Meeting shall be required upon request of any Union, Employer or the
Primary Employer.
12.3. The Primary Employer will schedule and attend all Pre -Job
Conferences and Mark -Up Meetings.
13. SUCCESSORSHIP
13.1. This Agreement is and shall be binding and legally effective upon (i)
any successor to Owner, whether by merger, consolidation, acquisition or otherwise,
and (ii) any person or entity that acquires all or any portion of Owner's right, title
or interest in the Project whether by sale, lease, or other transfer, or contribution to
partnership, joint venture or other entity e,Taus,;zee=er-, that this=greement
shall not be binding upon any sueeessor or transferee who takes title to the -Projeet.
by reason of the default of Owner- pursuant to any loan or- fina—ii... apeement oF
22
1877-005a
bPea use of the bank + or,insolveneyf O . Any agreement for a sale, lease,
contribution or other transfer of the Project by the Owner, or an agreement for a
merger or acquisition including ownership or control of Owner, shall include an
express assumption of the obligations and undertakings of Owner under this
Agreement, including this successorship provision. Within five (5) days following
the close of any sale, acquisition, merger, lease or other transfer covered by this
Section 13.1, Owner shall provide the State Council and the Local Council with
written notice thereof and an original, executed assumption of this Agreement. Any
sham transfer is a breach of this clause and shall not release Owner from any of its
obligations or undertakings under this Agreement.
13.2. The parties agree that: (i) if Owner breaches Section 13.1, and (ii)
Covered Work is performed by a contractor or subcontractor that is not in
compliance with the provisions of Article 3, then Owner shall pay liquidated
damages, as described in Section 13.3, to compensate for the actual damages caused
by reason thereof. The parties agree that such damages would be unreasonably
difficult, costly, inconvenient or impracticable to calculate and, accordingly, they
agree to liquidated damages, which bear a reasonable relationship to the actual
harm suffered by the Unions and their members, as provided in Section 13.3
("Liquidated Damages").
13.3. In that Liquidated Damages are owed as described in Section 13.2,
Owner shall pay Thirty Dollars ($30.00) for each hour that work was performed on
the Project within the scope of this Agreement by employees of contractors or
subcontractors who are not signatory to this Agreement. The liquidated damages
shall be paid as follows: Fifteen Dollars ($15.00) per hour to the qualified pension
plan and fifteen Dollars ($15.00) per hour to the qualified health and welfare plan of
the Union(s) having jurisdiction over the work performed by the contractor(s) or
subcontractor(s) not signatory to this Agreement. The parties agree that a Union
shall enforce, collect and receive liquidated damages pursuant to Article 13 on
behalf of its qualified pension plan and its qualified health and welfare plan. The
23
1877-005a
qualified pension plans and the qualified health and welfare plans shall have no
right to independently enforce the provisions, including but not limited to, the
liquidated damage provisions contained in Article 13.
13.4. In no event shall the Liquidated Damages payable under this Article
exceed a total amount of $15 million. In the event that pending claims would result
in a payment in excess of $15 million the total claims be prorated based on the
number of hours worked by contractors or subcontractors in violation of Section 3.1
so that the total payment of claims does not exceed $15 million.
13.5. Upon execution and delivery of an agreement assuming all the
obligations of this Agreement, and determination by the Unions that the successor
is financially responsible, Owner shall be released from liability for the payment of
Liquidated Damages under Section 13.3 and Owner shall have no liability for any
breach of this Agreement by a successor employer or contractor. A successor shall
be considered financially responsible if the Unions, in the exercise of their
reasonable judgment, determine that the successor is financially capable of
completing the Project and complying with the obligations and undertakings of the
Primary Employer under this Agreement, including any obligation to pay
Liquidated Damages under Section 13.3.
13.5.1. The Unions authorize the Local Council to execute and
deliver a release on their behalf pursuant to a resolution adopted at a duly noticed
meeting of the Local Council.
13.6. This Article 13 shall be enforceable in any court of competent
jurisdiction, and shall not be subject to the grievance procedure of Article 8.
14. LABOR MANAGEMENT COOPERATION TRUST
14.1. Eaeh Employer at every tier who performs work within the seope-of
this Agreement shall eontribute the sum of twenty five eents ($0.25) per hour fe-r-
eaeh heuF paid for or worked by employees, and shall Femit that, sum by payment
postmarked no later than the 1
aaV V11 1V11V YY 1115 V31
24
1877-005a
hours were paid for or- worked, direetly to the State Building & Construetion Trad
Couneil Labor Management Cooperation Trust or its designee. Eaeh Employer
i-s-attaehed as Aitaehment B—{Lump sum:" Within 10 days of the first hour of
Covered Work being performed on the Project Primary Employer shall contribute
the sum of $ to the State Building & Construction Trades Council Labor
Management Cooperation Trust or its designee. Within 10 days of the 6 month 12
month and 18 month anniversary of the first hour of Covered Work being performed
on the Project, Primary Employer shall contribute the sum of $ to the State
Building & Construction Trades Council Labor Management Cooperation Trust or
its designee, for a total contribution of $ . After such payments are made
there shall be no further obligation by the Primary Employer Owner or any ther_
Employer(s) to make any contribution to the Trust
14.2.The Unions will indemnify and hold harmless the Primary Employer
and all Employers on the Prejeet eovered by this Agreement from any liability for
entering into or implementing this Artiele, or for any defieieneies in or liabilities 0
the organization or operation of the TFust-.
15. GENERAL PROVISIONS
15.1. If any article or provision of this Agreement shall become invalid,
inoperative and/or unenforceable by operation of law or by declaration of any
competent authority of the executive, legislative, judicial or administrative
branches of the federal or state government, the Employers and the State Council
shall suspend the operation of such article or provision during the period of its
invalidity, and the Primary Employer and the State Council shall negotiate in its
place and stead an article or provision that will satisfy the objections to its validity
and that, to the greatest extent possible, will be in accord with the intent and
purpose of the article or provision in question. The new article or provision
25
1877-005a
negotiated by the Primary Employer and the State Council shall be binding on all
parties signatory to this Agreement.
15.1.1. If the Primary Employer and the State Council are unable
within thirty (30) calendar days to negotiate a substitute article or provision, any of
them may at any time thereafter submit the matter directly to interest arbitration
pursuant to the procedures set forth in Section 8.4, Step 4, and Sections 8.5 through
8.7. The Arbitrator shall have the authority to modify, amend and alter the
Agreement by providing a substitute article or provision to replace the one(s) that
have become invalid, inoperative or unenforceable. The Arbitrator's decision, and
the new article or provision, shall be final and binding on all parties signatory to the
Agreement.
15.2. If any article or provision of this Agreement shall be held invalid,
inoperative or unenforceable. by operation of law, or by any of the above mentioned
tribunals of competent jurisdiction, the remainder of the Agreement or application
of such article or provision to persons or circumstances other than to which it has
been held invalid, inoperative or unenforceable shall not be affected thereby.
15.3. Except as enumerated in .this Agreement, all other terms and
conditions of employment described in the Master Agreement of the Union having
traditional and customary jurisdiction over the work shall apply.
15.4. The provisions of this Agreement shall take precedence over conflicting
provisions of any Master Agreement, national agreement or any other collective
bargaining agreement.
15.5. Each person executing this Agreement represents and warrants that
he or she is authorized to execute this Agreement on behalf of the party or parties
indicated.
15.6. This Agreement may be executed in any number of counterparts, and
each counterpart shall be deemed to be an original document. All executed
counterparts together shall constitute one and the same document, and any
signature pages may be assembled to form a single original document.
26
1877-005a
15.7. To the fullest extent consistent with the applicable Master Agreement
and trust agreement, it is agreed that any liability under this Agreement by
Primary Employer, the Council, the Local Council, a Union, or any other Employer
shall be several and not joint. Any alleged breach of this Agreement by a party
shall not affect the rights, liabilities, obligations, and duties among the other
parties or between that party and any other party.
15.8. Any notices required under this Agreement shall be given as follows:
To Primary Employer: To the State Council:
Robert L. Balgenorth, President
State Building and Construction Trades
Council of California
1225-8th Street, Suite 375
Sacramento, CA 95814
Telephone: 916-443-3302
To the Local Council:
Richard N. Slawson
Los Angeles/Orange Counties Building &
Construction Trades Council
1626 Beverly Blvd
Los Angeles CA 90026
Telephone: 213-483-4222
With a copy to: With a copy to:
Mark S. Pulliam Marc D. Joseph
Latham & Watkins LLP Adams Broadwell Joseph & Cardozo
600 W. Broadway, Suite 1800 601 Gateway Boulevard, Suite 1000
San Diego, CA 92101 South San Francisco, CA 94080
Telephone: 619-236-1234 Telephone: 650-589-1660
Either party may notify the other in writing if its person designated to receive
notice is changed.
27
1877-005a
16. WAIVER
16.1. The parties hereby acknowledge that this Agreement is a lawful pre -
hire agreement within the meaning of Section 8(o of the National Labor Relations
Act; and the Primary Employer and each other Employer hereby expressly waives
its right to contest, challenge, repudiate or void (hereinafter collective "challenge")
this Agreement, directly or indirectly, on any basis, in any proceeding before any
federal, state or local court, agency or other tribunal, including the National Labor
Relations Board, or before any arbitrator or hearing officer, including any challenge
to the validity of this Agreement that is raised as a defense to any action or claim
brought by the Unions. This Agreement shall be a complete defense to any such
challenge..
16.2. Each Employer further agrees that it shall not solicit, finance or
participate in any challenge to this Agreement by any other person or entity.
Payment of regular annual dues to an organization or association does not
constitute "solicitation," "financing" or "participation in" a challenge as those terms
are used in this Agreement.
16.3. This Article shall be enforced pursuant to Article 8 of this Agreement
and any grievance shall commence at Step 3 of Section 8.4. The parties agree that
the economic damages to the Unions from a breach of this Article include the
reasonable fees and costs of defense.
17. HELMETS TO HARDHATS
17.1. The Employers and the Unions recognize a desire to facilitate the entry
into the building and construction trades of veterans who are interested in careers
in the building and construction industry. The Employers and Unions agree to
utilize the services of the Center for Military Recruitment, Assessment and
Veterans Employment (the "Center") and the Center's "Helmets to Hardhats"-
program to serve as a resource for preliminary orientation, assessment of
construction aptitude, referral to apprenticeship programs or hiring halls,
28
1877-005a
counseling and metering, support network, employment opportunities and other
needs as identified by the parties.
17.2. The Unions and Employers agree to coordinate with the Center to
create and maintain an integrated database of veterans interested in working on
this Project and of apprenticeship and employment opportunities for this Project.
To the extent permitted by law, the Unions will give credit to such veterans for bona
fide, provable past experience.
18. TERM OF AGREEMENT
18.1. The term of this Agreement shall commence on the date indicated
below as the date of execution, and except as set forth in this Article 18 shall
continue in effect until completion of all Covered Work pursuant to Article 2.
18.2. In the event that the Application for Certification submitted to the
California Energy Commission for the Project is withdrawn and the Application
proceeding is terminated pursuant to 20 CCR § 1709.8, or the Application is denied
by the California Energy Commission and the time periods for reconsideration
under Public Resources Code § 25530 and appeal of the denial under Public
Resources Code § 25531 have expired with no reconsideration granted or appeal
sought, the Primary Employer may notify the State Council and the Local Council
and terminate this Agreement.
18.3. In the event construction of the Project is not commenced prior to the
final deadline, without right of extension, for the commencement of construction
established by the California Energy Commission, or prior to final expiration,
without right to renew, of the authority to construct permit from the Colus^ County
Air n„»„+io Control -South Coast Air Quality Management District, the Primary
Employer may notify the State Council and the Local Council and terminate this
Agreement.
29
1877-005a
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed and effective as of
CITY OF VERNON
Primary Employer and Owner:
M.
30
1877-005a
2007.
STATE BUILDING & CONSTRUCTION
TRADES COUNCIL OF CALIFORNIA
By: Robert L. Balgenorth, President
LOS ANGELES/ORANGE COUNTIES
BUILDING & CONSTRUCTION
TRADES COUNCIL
By: Richard N. Slawson,
Business Manager
UNIONS
31
1877-005a
ATTACHMENT A
AGREEMENT TO BE BOUND
PROJECT LABOR AGREEMENT
VERNON POWER PLANT PROJECT
The undersigned hereby certifies and agrees that:
1) It is an Employer as that term is defined in Section 1.4 of the Vernon Power
Plant Project Labor Agreement ("Agreement") because it has been, or will be,
awarded a contract or subcontract to assign, award or subcontract Covered
Work on the Project (as defined in Sections 1.2 and 2.1 of the Agreement), or
to authorize another party to assign, award or subcontract Covered Work, or
to perform Covered Work.
2.) In consideration of the award of such contract or subcontract, and in further
consideration of the promises made in the Agreement and all attachments
thereto (a copy of which was received and is hereby acknowledged), it accepts
and agrees to be bound by the terms and conditions of the Agreement,
together with any and all amendments and supplements now existing or
which are later made thereto.
3.) If it performs Covered Work, it will be bound by the legally established trust
agreements designated in local master collective bargaining agreements, and
hereby authorizes the parties to such local trust agreements to appoint
trustees and successor trustee to administer the trust funds, and hereby
ratifies and accepts the trustees so appointed as if made by the undersigned.
4.) It has no commitments or agreements that would preclude its full and
complete compliance with the terms and conditions of the Agreement.
5.) It will secure a duly executed Agreement to be Bound, in form identical to
this document, from any Employer(s) at any tier or tiers with which it
contracts to assign, award, or subcontract Covered Work, or to authorize
another party to assign, award or subcontract Covered Work, or to perform
Covered Work.
DATED: Name of Employer
(Authorized Officer & Title)
(Address)
1877-005a
ATTACHMENT B
SUBSCRIBER AGREEMENT
The undersigned hereby adopt the Trust Agreement known as the State
Building & Construction Trades Council Labor -Management Cooperation Trust
Agreement, hereinafter referred to as "Trust" and agree to be bound by the terms
thereof. The undersigned employer Subscriber and Union hereby grant Powers of
Attorney to the Board of Trustees now holding office, or to the successors, to
administer the Trust as representatives of the employer and Union respectively,
with full power and authority to act for the employer and Union in all matters of
administration of the Trust. In no event shall the Union or employer be responsible
for any act or omission of the Trustees nor shall the Union or employer have any
liability for any debt or liability of the Trust or its Trustees.
Commencing on the first day of work under the attached agreement, and
payable not later than the 15th day of each month thereafter, the employer
Subscriber shall pay to the Trust the amount specified by the Agreement for all
hours worked under the Agreement by the employees of the employer Subscriber for
which contributions to the Trust are required by the Agreement. The undersigned
employer Subscriber acknowledges that the failure by the employer to timely remit
required contributions will result in liquidated damages being payable under the
Trust Agreement to which the employer Subscriber is hereby bound.
The undersigned represent and warrant that they are authorized to execute
this Agreement on behalf of their respective organizations and that by their
respective execution of this Subscriber Agreement their respective organizations are
fully bound hereto and the provisions of the Trust Agreement.
City of Vernon
0
Date
State Building & Construction Date
Trades Council
1877-005a
PROJECT LABOR AGREEMENT
FOR THE
VERNON POWER PLANT PROJECT
LOS ANGELES COUNTY, CALIFORNIA
1877-008a
1. INITIAL PROVISIONS
1.1. This Project Labor Agreement ("Agreement") is entered into by the
City of Vernon ("Primary Employer"), and the State Building and Construction
Trades Council of California ("State Council"), the Los Angeles/Orange Counties
Building & Construction Trades Council ("Local Council") and the local unions who
have executed this Agreement, all of whom are referred to collectively as the
"Unions."
1.2. The Vernon Power Plant Project (the "Project") is an approximately
943 MW electric generating facility located in Vernon, California. The Primary
Employer is also currently the owner of the Project ("Owner"). It is understood and
agreed by and between the parties to this Agreement that the final plans for the
Project may be subject to modifications and approval by those public agencies
possessing lawful approval authority over the Project and that this Agreement
applies to the Project as it is finally approved by such entities and agencies.
1.3. Primary Employer is a municipality that provides electric service to its
residents and businesses. The Primary Employer will construct, operate and
maintain the Project through its employees, contractors and agents. Primary
Employer controls the site at which the Project will be constructed. Primary
Employer performs construction work with its employees and reserves the right to
directly perform construction on the Project with its own employees. Subject to the
provisions of a Master Agreement (as defined in Section 1.5), Primary Employer
shall retain the right to control and coordinate all project construction work by
determining work scheduling, including uniform start times, the necessity for and
the times of shift work, by directly enforcing any drug and alcohol abuse policy
which is agreed to by any contractor or subcontractor and the Local Council, and
otherwise directly removing any employee whether employed directly or by any
contractor or subcontractor for breach of reasonable rules promulgated by Primary
Employer governing conduct on the job. Primary Employer shall have the right
upon receipt of the written complaint of any employee to order corrective action
1877-OO8a 1
necessary to maintain reasonable and lawful standards for work place health and
safety. Primary Employer shall act as the coordinator, participate in monthly
labor/management meetings, participate in pre -job conferences and mark-up
meetings, and, at its option, participate in the resolution of any grievances.
1.4. As provided below, all project managers, construction managers,
contractors, subcontractors or other persons or entities assigning, awarding or
subcontracting Covered Work (as defined in Article 2), or authorizing another party
to assign, award or subcontract Covered Work, or performing Covered Work will be
subject to this Agreement by executing Attachment A, the Employer Agreement to
be Bound (all of whom, including the Primary Employer, are individually and
collectively referred to as "Employer" or "Employers").
1.5. The Unions are labor organizations whose members are construction
industry employees who generally work in close proximity to one another at
construction job sites and whose jobs are closely related and coordinated. Each of
the Unions is a party to a multi -employer collective bargaining agreement ("Master
Agreement") that covers the geographic area of the Project. Where the term Master
Agreement is used, it means the existing Master Agreement currently in effect as to
each of the Unions.
1.6. A large labor pool represented by the Unions will be required to
execute the work involved in the Project. Employers wish, and it is the purpose of
this Agreement, to ensure that a sufficient supply of skilled craft workers are
available at the Project, that all construction work and related work performed by
the members of the Unions on this Project shall proceed continuously, without
interruption, in a safe and efficient manner, economically with due consideration for
the protection of labor standards, wages and working conditions.
1.7. In furtherance of these purposes and to secure optimum productivity,
harmonious relations between the parties and the orderly performance of the work,
the parties to this Agreement agree to establish adequate and fair wage levels and
working conditions and to protect the Project against strikes and lockouts and other
1877-008a 2
interference with the process of the work, including. interference that could have
arisen at a common-situs jobsite if union employees had been required to work
along side non -union employees in their own craft or in those other crafts with
which they generally work in close proximity performing work that is closely related
and coordinated.
1.8. In the interest of the future of the construction industry in the local
area, of which the Unions are a vital part, and to maintain the most efficient and
competitive posture possible, the Unions pledge to work and cooperate with the
management of the Project to produce the most efficient utilization of labor and
equipment in accordance with this Agreement.
2. SCOPE OF AGREEMENT
2.1. This Agreement covers all on -.site construction, alteration or repair of
buildings, structures and other works and related activities for the Project that is
within the craft jurisdiction of one of the Unions and which is directly or indirectly
part of the Project, including, without limitation, pipelines (including those in linear
corridors built to serve the Project), pumps, pump stations, start-up and
commissioning, site preparation, material inspection and testing, all on -site
fabrication work provided such work is within the fabrication provision of a local
master or national agreement of one of the Unions, demolition of existing
structures, and all construction, demolition or improvements required to be
performed as a condition of approval by any public agency. On -site fabrication work
includes work done for the Project in temporary yards or areas near the Project. All
fabrication work over which the Owner possesses the right of control and which is
traditionally claimed as on -site fabrication shall be performed on -site. For the
convenience of the Primary Employer or other Employers, such work may be
performed off -site. In that event, such fabrication work shall be performed in
accordance with the union standards established by this Agreement for the
appropriate craft Union or by a fabrication agreement approved by the craft's
1877-008a 3
International Union. On -site construction shall also include the site of any batch
plant constructed solely to supply materials to the Project. Construction of offsite
utilities, when performed by a utility other than Primary Employer, shall not be
considered Covered Work. All work within the scope of this Agreement is referred
to as "Covered Work" in this Agreement.
2.2. Startup and commissioning, including but not limited to system
flushes and testing, loop checks, rework and modifications, functional and
operational testing up to and including the final running test, is Covered Work. It
is understood that the Owner, manufacturer's and vendor's representatives, and
plant operating personnel may supervise and direct this activity. A manufacturer
or its representatives may perform industry standard work to satisfy its guarantee
or warranty prior to start-up of a piece of equipment.
2.3. Specialized or technical work requiring specialized training, unique
skills, or a level of specific technical experience which employees represented by the
Union do not possess is excluded from this Agreement. At least ten (10) working
days notice shall be given to the Local Council before any work is performed
pursuant to this Section.
2.4. This Agreement applies to all employees performing Covered Work. It
does not apply to Primary Employer's supervisors not covered by a collective
bargaining agreement, technical or non -technical employees including, but not
limited to, executives, office and clerical employees, drafters, engineers, time
keepers, messengers, guards, inspectors, or any other employees above the
classification of general foreman or who perform administrative/clerical functions.
2.5. After construction and installation is completed by the Primary
Employer and upon acceptance, it is understood that the Primary Employer and/or
the plant operator reserve the right to perform industry standard procedures and
operation not within the scope of this Agreement using persons of its choice. Work
performed or contracted by the Primary Employer and/or the plant operator after
the completion of Covered Work is not included within the scope of the Agreement.
1877-008a 4
3. SUBCONTRACTING
3.1. Primary Employer, and each other Employer, as defined in Section 1.4,
agree that they will contract for the assignment, awarding or subcontracting of
Covered Work, or authorize another party to assign, award or subcontract Covered
Work, only to a person, firm, corporation or other entity that, at the time the
contract is executed, has become a party to this Agreement by executing
Attachment A, the Employer Agreement to be Bound.
3.2. Primary Employer and each other Employer, as defined in Section 1.4,
agree that they will subcontract Covered Work only to a person, firm, corporation or
other entity who is or becomes party to this Agreement and who is or becomes
bound for purposes of performing Covered Work to either a local, area or regional
Master Agreement with the craft Union having traditional and customary building
trades craft jurisdiction over the work or, only in the case of a national contractor, a
national agreement with the International Union(s) of the craft Union(s) having
traditional and customary jurisdiction over the work. Any Employer (including
Primary Employer) performing Covered Work on the Project shall, as a condition to
working on the Project, become signatory to this Agreement, and shall perform all
work under the terms of this Agreement and the applicable Master Agreement (the
"Applicable Agreement"). Before being authorized to perform any Covered Work,
Employers (other than Primary Employer) shall become a party to this Agreement
by signing Attachment A, the "Employer Agreement to be Bound." Every Employer
shall notify the Local Council and the State Council in writing within five business
days after it has subcontracted work, and shall at the same time provide to the
Local Council and the State Council a copy of the executed Employer Agreement to
be Bound.
3.2.1. All work within the scope of the Joint National Industrial
Agreement for Instrument and Control System Technicians or its successor may, at
1877-008a 5
the option of the Employer be performed under the terms of that Agreement or its
successor agreement.
3.3. Nothing in this Agreement shall in any manner whatsoever limit the
rights of the Primary Employer, or any other Employer, to subcontract Covered
Work or to select its contractors or subcontractors, provided, however, that all
Employers, at all tiers, assigning, awarding, contracting or performing, or
authorizing another to assign, award, contract or perform Covered Work shall be
required to comply with the provisions of this Agreement. Primary Employer and
every other Employer shall notify each of its contractors and subcontractors of the
provisions of this Agreement and require as a condition precedent to the assigning,
awarding or subcontracting of any Covered Work or allowing any subcontracted
Covered Work to be performed, that all such contractors and subcontractors at all
tiers become signatory to this Agreement and bound to the Applicable Agreement
for this Project. Any Employer that fails to provide the Local Council and State
Council with the Employer Agreement to be Bound executed by its contractor or
subcontractor shall be liable for any failure of that contractor or subcontractor, or
any contractor or subcontractor at a lower tier, to comply with the provisions of this
Agreement, including any contributions to any trust funds that the contractor or
subcontractor, or any subcontractor to that subcontractor, fails to make.
3.4. It is recognized that the delivery of cement, ready -mix, aggregate and
asphalt is Covered Work. In circumstances where the Primary Employer shows
that no suitable Union designated contractor is available to furnish these required
materials within reasonable proximity to the plant construction site, then the
Primary Employer will consult with the Union directly as these and other such
matters arise.
3.5. Work within the craft jurisdiction of the Elevator Constructors will be
performed under the terms of the National Agreements of the International Union
of Elevator Constructors.
1877-008a 6
4. WAGES AND BENEFITS
4.1. All employees covered by this Agreement (including foremen and
general foremen if they are covered by the Master Agreement) shall be classified
and paid wages, other compensation including but not limited to travel, subsistence,
and shift premium pay, and contributions made on their behalf to multi -employer
trust funds, all in accordance with the then current multi -employer Master
Agreement of the applicable Union.
4.2. Any special interest bargaining which establishes wage rates,
classifications, zones, or wage escalations which apply exclusively to the Project will
not be recognized. In addition, there shall be no redlining of the Project in any
future multi -employer collective bargaining agreements by singling out, either by
name or by effect, the Project or the Employers for less favorable wages, benefits or
working conditions than are generally accorded other industrial projects in the
same general geographic area.
5. UNION RECOGNITION
5.1. The Employers recognize the Unions signatory to this Agreement as
the sole and exclusive collective bargaining agents for their respective construction
craft employees performing Covered Work for the Project, and further recognize the
traditional and customary craft jurisdiction of each Union.
5.2. All employees performing Covered Work shall be or shall become and
then remain members in good standing of the appropriate Union as a condition of
employment on or before the eighth (8th) day of employment, or the eighth (8th) day
following the execution of this Agreement, whichever is later.
5.3. The Unions shall be the source of all craft employees for Covered Work
for the Project. Employers agree to be bound by the hiring and layoff practices of
the respective Union, including hiring of apprentices, and to utilize its registration
facilities and referral systems, provided that such hiring practices and referral
systems have not been found to violate State or Federal law by, among other things,
1877-008a 7
discriminating on the basis of union membership or non -membership, or on the
basis of race, creed, color, sex, religion, age or national origin. Further, in the event
that the Unions' hiring practices or referral system are found to violate State or
Federal law, the Unions hereby agree to indemnify Employers for any damages
which Employers become obligated to pay as a result of any judgment or settlement
in any action based on such violation(s) and for any expenses, costs and attorney's
fees incurred by Employers in defending any action based on such violation(s). In
the event that the Employer(s)' hiring practices are found to violate State or Federal
law, the Employer(s) hereby agree to indemnify the Unions for any damages which
Unions become obligated to pay as a result of any judgment or settlement in any
action based on such violation(s) and for any expenses, costs and attorney's fees
incurred by the Unions in defending any action based on such violation(s).
5.4. In the event the referral facilities maintained by the Unions do not
refer the employees as requested by the Employer within a forty eight (48) hour
period after such requisition is made by the Employer (Saturdays, Sundays and
Holidays excepted), the Employer may employ applicants from any source, but shall
arrange for a dispatch to be issued for such applicant from the Union within twenty
four (24) hours of the commencement of employment and the dispatch shall upon
request be issued to the Union to the employee. Employer will notify the Unions of
such gate -hires.
5.5. Each Union shall have the right to designate a working journeyperson
as a steward. The steward shall be a qualified employee performing the work of
that craft and shall not exercise any supervisory functions. Each steward shall be
concerned with the employees of the steward's Employer and not with the
employees of any other Employer. A steward shall be allowed sufficient time to
perform his duties.
1877-008a 8
6. WORK STOPPAGES AND LOCKOUTS
6.1. During the term of this Agreement there shall be no strikes, sympathy
strikes, picketing, work stoppages, slow downs, interference with the work or other
disruptive activity for any reason by the Union or by any employee and there shall
be no lockout by the Employer. Failure of any Union or employee to cross any
picket line established at the Employer's Project site is a violation of this Article.
6.2. The Union shall not sanction, aid or abet, encourage or continue any
work stoppage, strike, picketing or other disruptive activity at the Employer's
Project site and shall undertake all reasonable means to prevent or to terminate
any such activity. No employee shall engage in activities which violate this Article.
Any employee who participates in or encourages any activities which interfere with
the normal operation of the Project shall be subject to disciplinary action, including
discharge, and if justifiably discharged for the above reasons, shall not be eligible
for rehire on the same project for a period of not less than ninety (90) days.
6.3. The Union shall not be liable for acts of employees for which it has no
responsibility. The business manager(s) of the respective local union(s) will
immediately instruct, order and use the best efforts of his office to cause the local
union(s) to cease any violations of this Article. The principal officer or officers of a
local union will immediately instruct, order and use the best efforts of his office to
cause the employees the local union represents to cease any violations of the Article.
A local union complying with this obligation shall not be liable for unauthorized
acts of employees it represents. The failure of the Employer to exercise its right in
any instances shall not be deemed a waiver of its right in any other instance.
6.4. The Union(s) agrees that if any union or any other persons, whether
parties to this Agreement or otherwise, engage in any picketing or work stoppages,
the signatory Unions shall consider such work stoppage or picketing to be illegal,
and refuse to honor such picket line or work stoppage.
6.5. In the event of any work stoppage, strike, sympathy strike, picketing
interference with the work or other disruptive activity in violation of this Article,
1877-008a 9
the Employer may suspend all or any portion of the Project work affected by such
activity at the Employer's discretion and without penalty.
6.5.1. There shall be no strikes, sympathy strikes, picketing, work
stoppages, slowdowns, interference with the work, or other disruptive activity,
affecting the Project site during the term of this Agreement. Any Union which
initiates or participates in a work stoppage in violation of this Article, or which
recognizes or supports the work stoppage of another Union which is in violation of
this Article, agrees as a remedy for said violation, to pay liquidated damages in
accordance with Section 6.6.8 of this Article.
6.6. In lieu of, or in addition to, any other action at law or equity, any party
may institute the following procedure when a breach of this Article is alleged, after
the Union(s) and/or local union(s) has been notified of the fact.
6.6.1. The party invoking this procedure shall notify Joe Gentile,
Norman Brand or Joe Grodin, who the parties to this Agreement agree shall be the
permanent Arbitrators under this procedure. In the event that either of the
permanent Arbitrators is unavailable at any time, the American Arbitration
Association shall select an alternative arbitrator within twenty-four (24) hours of
notice. Notice to the Arbitrator shall be by the most expeditious means available,
with notice by fax or electronic means or any other effective written means, to the
party alleged to be in violation and the involved International Union President, and
or local union.
6.6.2. Upon receipt of said notice the Arbitrators named above shall
set and hold a hearing within twenty-four (24) hours if it is contended that the
violation still exists.
6.6.3. The Arbitrator shall notify the parties by fax or electronic means
or any other effective written means, of the place and time he has chosen for this
hearing. Said hearing shall be completed in one session. A failure of any party or
parties to attend said hearing shall not delay the hearing of evidence or issuance of
an Award by the Arbitrator.
1877-008a 10
6.6.4. The sole issue at the hearing shall be whether or not a violation
of this Article has in fact occurred. The Award shall be issued in writing within
three (3) hours after the close of the hearing, and may be issued without an
Opinion. If any party desires an Opinion, one shall be issued within fifteen (15)
days, but its issuance shall not delay compliance with, or enforcement of, the
Award. The Arbitrator may order cessation of the violation of this Article by the
Union, and such Award shall be served on all parties by hand or registered mail
upon issuance.
6.6.5. Such Award may be enforced by any court of competent
jurisdiction upon the filing of this Agreement and all other relevant documents
referred to hereinabove in the following manner. The fax or electronic notice of the
filing of such enforcement proceedings shall be given to the other party. In the
proceeding to obtain a temporary order enforcing the Arbitrator's Award as issued
under Section 6.6.4 of this Article, all parties waive the right to a hearing and agree
that such proceedings may be ex parte. Such agreement does not waive any party's
right to participate in a hearing for a final order of enforcement. The Court's order
or orders enforcing the Arbitrator's Award shall be served on all parties by hand or
by delivery to their last known address or by registered mail.
6.6.6. Any rights created by statute or law governing arbitration
proceedings inconsistent with the above procedure or which interfere with
compliance therewith are hereby waived by the parties to whom they accrue.
6.6.7. The fees and expenses of the Arbitrator shall be borne by the
party or parties found in violation, or in the event no violation is found, such fees
and expenses shall be borne by the moving party.
6.6.8. If the Arbitrator determines that a violation has occurred in
accordance with Section 6.6.4 above, the party or parties found to be in violation
shall pay as liquidated damages, the following amounts: for the first shift in which
the violation occurred, $25,000; for the second shift, $25,000; for the third shift,
$25,000; for each shift thereafter on which the craft has not returned to work,
1877-008a 11
$25,000 per shift. The Arbitrator shall determine whether the specified damages in
this Section shall be paid to the Owner or an Employer. The Arbitrator shall retain
jurisdiction to determine compliance with this section and this Article.
6.7. The procedures contained in Section 6.6 shall be applicable to alleged
violations of this Article. Disputes alleging violation of any other provision of this
Agreement, including any underlying disputes alleged to be in justification,
explanation or mitigation of any violation of this Article, shall be resolved under the
grievance procedures of Article 8.
6.8. Notwithstanding the provisions of Section 6.1 above, it is agreed that,
with twenty four (24) hour prior notice to the Primary Employer, a Union retains
the right to withhold the services of its members from a particular contractor or
subcontractor who fails to make timely payments to the Union's benefit plans, or
fails to timely pay its weekly payroll, in accordance with its agreements with the
Union; provided, however, that in the event the Union or any of its members
withholds their services from such contractor or subcontractor, Primary Employer
shall have the right to replace such contractor or subcontractor with any other
contractor or subcontractor who executes the Agreement to be Bound.
6.9. In the event that any applicable labor agreement expires and the
parties to that agreement fail to reach agreement on a new contract by the date of
expiration, a Union shall continue to provide employees to the Employers working
on the Project under all the terms of the expired agreement until a new agreement
is negotiated, at which time all terms and conditions of that new agreement shall be
applied to Covered Work at the Project, except to the extent they conflict with any
provision of this Agreement. In addition, if the new labor agreement provides for
wage or benefit increases, then any Employer shall pay to its employees who
performed Covered Work at the Project during the hiatus between the effective
dates of such labor agreements, an amount equal to any such wage and benefit
increases established by the new labor agreement for such work performed.
1877-008a 12
7. HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS
7.1. The standard work day shall consist of eight (8) hours of work between
6:00 a.m. and 5:30 p.m. with one-half hour designated as an unpaid period for
lunch. The standard work week shall be five (5) consecutive days of work
commencing on Monday. Nothing herein shall be construed as guaranteeing any
employee eight (8) hours of work per day or forty (40) hours of work per week.
7.2. Common shifts during the standard work day may be established when
considered necessary by the Employer. The Employer shall provide at least one
week notice to the Local Council and the Unions involved prior to any change in
shift time, except in unforeseen circumstances, in which case notice shall be given
as soon as practicable. Any shifts established shall continue for the established
work week. If a Local Agreement provides for a different work shift schedule, the
Employer may opt for that schedule for that craft.
7.3. It is recognized by the parties to this Agreement that the standard
work week may not be desirable or cost effective for some projects, and other
arrangements for hours of work will be considered. Such proposed modifications to
the standard work week shall be worked out between the Primary Employer and
the Union. Project schedule, manpower requirements, the geographic locations of
the project and other appropriate factors, will be taken into consideration by the
parties in reaching an understanding on work schedules.
7.4. Recognized holidays shall be as follows: New Year's Day, Martin
Luther King, Jr. Day, Presidents' Day, Memorial Day, Fourth of July, Labor Day,
Veterans Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day.
Under no circumstances shall any work be performed on Labor Day except in cases
of emergency involving life or property. In the event a holiday falls in Saturday, the
previous day, Friday, shall be observed as such holiday. In the event a holiday falls
on Sunday, the following day, Monday, shall be observed as such holiday. There
shall be no paid holidays. If employees are required to work on a holiday, they
1877-008a 13
shall receive the appropriate rate; but in no case shall such overtime rate be more
than double the straight time rate.
8. GRIEVANCE PROCEDURE
8.1. It is mutually agreed that any question arising out of and during the
term of this Agreement involving its interpretation and application (other than
jurisdictional disputes or successorship) shall be considered a grievance. Questions
between or among parties signatory to a Master Agreement arising out of or
involving the interpretation of a Master Agreement shall be resolved under the
grievance procedure provided in that Master Agreement.
8.2. The Primary Employer and other Employers, as well as the Unions,
may bring forth grievances under this Article.
8.3. A grievance shall be considered null and void if not brought to the
attention of the Employer(s) within five (5) working days after the incident that
initiated the alleged grievance occurred or was discovered, whichever is later. The
term "working days" as used in this Article shall exclude Saturdays, Sundays or
holidays regardless of whether any work is actually performed on such days.
8.4. Grievances shall be settled according to the following procedure except
that grievances that do not involve an individual grievant shall be discussed by the
Primary Employer, State Council and Local Council and then, if not resolved within
5 working days of written notice unless extended by mutual consent, commence at
Step 4:
Step 1
The Steward and the grievant shall attempt to resolve the
grievance with the craft supervisor within five (5) working
days after the Grievance has been brought to the
attention of the Employer.
Step 2
In the event the matter remains unresolved in Step 1
above after five (5) working days, within five (5) working
days thereafter, the alleged grievance may be referred in
writing to the Business Manager(s) of the Union(s)
1877-008a 14
affected and the project manager or Labor Relations
representative of the Employer(s) for discussion and
resolution. A copy of the written grievance shall also be
mailed/faxed/emailed to the Primary Employer.
Step 3
In the event the matter remains unresolved in Step 2
above within five (5) working days, within five (5) working
days thereafter, the grievance may be referred in writing
to the Business Manager(s) of the affected Union(s)
involved and the Manager of Labor Relations of the
Employer(s) or the Manager's designated representative,
and the Primary Employer for discussion and resolution.
Step 4
If the grievance is not settled in Step 3 within five (5)
working days, either party may request the dispute be
submitted to arbitration or the time may be extended by
mutual consent of both parties. The request for
arbitration and/or the request for an extension of time
must be in writing with a copy to the Primary Employer.
The parties agree that Louis Zigman, Douglas Collins,
and Howard Block shall be the permanent arbitrators for
purposes of this Article 8. Should the permanent
arbitrators be unavailable and the parties are unable to
mutually agree on the selection of an Arbitrator, selection
for that given arbitration shall be made by seeking a list
of seven (7) arbitrators from the Federal Mediation and
Conciliation Service and alternately striking names from
the list of names on the list until the parties agree on an
Arbitrator or until one name remains. The first party to
strike a name from the list shall alternate between the
party bringing forth the grievance and the party
defending the grievance. Primary Employer shall keep a
record of the sequence and shall notify the parties to the
grievance as to which party has the right to strike a name
first.
8.5. The Arbitrator shall conduct a hearing at which the parties to the
grievance shall be entitled to present testimonial and documentary evidence.
Hearings will be transcribed by a certified court reporter. The parties shall be
1877-008a 15
entitled to file written briefs after the close of the hearing and receipt of the
transcript.
8.6. Upon expiration of the time for the parties to file briefs, the Arbitrator
shall issue a written decision that will be served on all parties and on the Primary
Employer. The Arbitrator's decision shall be confined to the issue(s) posed by the
grievance and, except as provided in Section 13.1.1, the Arbitrator shall not have
the authority to modify, amend, alter, add to or subtract from, any provision of this
Agreement. The Arbitrator shall have the authority to utilize any equitable or legal
remedy to prevent and/or cure any breach or threatened breach of this Agreement.
The Arbitrator's decision shall be final and binding as to all parties signatory to this
Agreement.
8.7. The cost of the Arbitrator and the court reporter, and any cost to pay
for facilities for the hearing, shall be borne equally by the parties to the grievance.
All other costs and expenses in connection with the grievance hearing shall be borne
by the party who incurs them.
8.8. Any party to a grievance may invite the Primary Employer to
participate in resolution of a grievance. The Primary Employer may, at its own
initiative, participate in Steps 1 through 3 of the grievance procedure.
8.9. In determining whether the time limits of Steps 2-4 of the grievance
procedure have been met, a written referral or request shall be considered timely if
it is personally delivered, faxed or postmarked within the five (5) working day
period. Any of the time periods set forth in this Article may be extended in writing
by mutual consent of the parties to the grievance, and any written referral or
request shall be considered timely if it is personally delivered, faxed or postmarked
during the extended time period.
9. JURISDICTIONAL DISPUTES
9.1. The assignment of Covered Work will be solely the responsibility of the
Employer performing the work involved; and such work assignments will be in
1877-008a 16
accordance with the Plan for the Settlement of Jurisdictional Disputes in the
Construction Industry (the "Plan") or any successor Plan.
9.2. All jurisdictional disputes between or among the Unions and their
employees, parties to this Agreement, shall be settled and adjusted according to the
present Plan established by the Building and Construction Trades Department or
any other plan or method of procedure that may be adopted in the future by the
Building and Construction Trades Department. Decisions rendered shall be final,
binding and conclusive on the Employers and Unions parties to this Agreement.
9.3. All jurisdictional disputes shall be resolved without the occurrence of
any strike, work stoppage, or slow -down of any nature, and the Employer's
assignment shall be adhered to until the dispute is resolved. Individuals violating
this section shall be subject to immediate discharge.
9.4. Each Employer will conduct a pre -job conference with the Local
Council prior to commencing work. The Primary Employer and any general
contractor will be advised in advance of all such conferences and may participate if
they wish.
9.5. Any award or resolution under Article 9 shall be prospective and shall
not require any back pay for work performed unless the assignment is a knowing
violation of a well -established resolution under the Plan and this Agreement.
9.6. This Article 9 shall be enforceable in any court of competent
jurisdiction, and shall not be subject to the grievance procedure of Article 8.
10. GENERAL WORKING CONDITIONS
10.1. Employment begins and ends at the Project site.
10.2. The selection of craft foremen and/or general foremen shall be entirely.
the responsibility of the Employer, it being understood that in the selection of such
foremen and/or general foremen the Employer will give primary consideration to the
qualified individuals available in the local area. After giving such consideration,
the Employer may select such individuals from other areas. The number of foremen
1877-008a 17
and general foremen required shall be in accordance with the respective local craft
Master Agreements. All foremen shall take orders from the designated Employer
representatives. Craft foremen shall be designated working foremen at the request
of the Employer, in accordance with the Master Agreement.
10.3. There shall be no limit on production by employees or restrictions on
the full use of tools or equipment. Employees using tools shall perform any of the
work of the trade and shall work under the direction of the craft foremen. There
shall be no restrictions on efficient use of manpower other than as may be required
by safety regulations.
10.4. Employees shall be at their place of work and ready to work at the
starting time (which is the gang box, tool box or place where the foreman gives
instructions to employees). A reasonable time will be allowed for employees to put
company and personal tools in secured storage and return to the parking lot by
quitting time. The Employer will provide adequate facilities for checking in and out
in an expeditious manner.
10.5. All equipment assigned to a project shall be under the control of the
Employer. The Employer shall have the right to determine how many pieces of
equipment an individual employee shall operate. In an emergency involving safety
or health, foremen shall operate any equipment assigned by the Employer, and
there shall be no restriction on foremen in the use of the tools of his craft in such
emergency. The foremen shall be from the craft normally operating the equipment.
In accordance with currently recognized craft jurisdiction, the Employer shall
determine the assignment of employees to start, stop, and maintain small portable
construction equipment. Such work may be assigned to craft employees within a
reasonable distance of their primary duties or an employee may be assigned full
time to start, stop and maintain the Employer's small, portable equipment on the
job site. There shall be no over manning of this type of equipment.
1877-008a 18
10.6. The number of employees assigned to rigging and scaffolding
operations shall be at the sole discretion of the Employer other than as may be
required by safety regulations.
10.7. The Employer may utilize the most efficient methods or techniques of
construction, tools or other labor saving devices to safely accomplish the work.
Practices not a part of the terms and conditions of this Agreement, stand by crews
and feather bedding practices will not be recognized.
10.8. Individual seniority shall not -be recognized or applied to employees
working on projects under this Agreement.
10.9. The Employer shall establish such reasonable Project job site work
rules as the Employer deems appropriate. These rules will be reviewed at the pre -
job conference, distributed to all employees, posted at the project site by the
Employer, and may be amended thereafter as necessary.
10.10. The Primary Employer and Local Council will negotiate a drug and
alcohol screening program consistent with applicable legal requirements.
11. MANAGEMENT RIGHTS
11.1. The Employer retains and shall exercise full and exclusive authority
and responsibility for the management of its operations and work forces, except as
expressly limited by the terms of this Agreement or the Master Agreement. This
authority includes, but is not limited to, the right to:
work.
11.1.1. Plan, direct and control the operation of all the work.
11.1.2. Decide the number and type of employees required for the
11.1.3. Hire, promote and layoff employees as deemed appropriate to
meet work requirements and/or skills required.
11.1.4. Require all employees to observe the Employers' and Owner's
reasonable Project Rules, Security, Environmental and Safety Regulations,
consistent with the provision of this Agreement. These Project Work Rules and
1877-008a 19
Regulations shall be supplied to the Unions, to all employees and posted on the job
site.
11.1.5. Discharge, suspend or discipline employees for just cause as
provided in the work rules.
11.1.6. Assign and schedule work at its sole discretion and
determine when overtime will be worked. There shall be no refusal by a craft to
perform work, including overtime work, assigned. Such cases shall be subject to the
grievance procedure.
11.1.7. Utilize any safe work methods, procedures or techniques and
select and use any type or kind of materials, apparatus or equipment regardless of
source, manufacturer or designer, except as limited by Section 2.1.
11.1.8. The foregoing listing of management rights shall not be
deemed to exclude other functions not specifically set forth herein. The Employers,
therefore, retain all legal rights not specifically enumerated in this Agreement.
12. JOINT LABOR/MANAGEMENT MEETINGS
12.1. During the period of any work performed under this Agreement, a joint
Labor/Management meeting will be held on an approximately monthly basis or
more frequently as needed between the Primary Employer, the other Employers,
and the signatory Unions. The purpose of these meetings is to promote harmonious
labor/management relations, ensure adequate communications and advance the
proficiency and efficiency of the craft workers and contractors performing work at
the Project. These monthly (or more frequent) meetings will also include discussion
of safety, craft resource requirements, scheduling and productivity of work
performed at the Project.
12.2. A Pre -Job Conference will be held prior to the commencement of work
to establish the scope of work in each Employer's contract. When a contract has
been let to an Employer(s) covered by this Agreement, a Pre -Job Conference and/or
1877-008a 20
Mark -Up Meeting shall be required upon request of any Union, Employer or the
Primary Employer.
12.3. The Primary Employer will schedule and attend all Pre -Job
Conferences and Mark -Up Meetings.
13. SUCCESSORSHIP
13.1. This Agreement is and shall be binding and legally effective upon (i)
any successor to Owner, whether by merger, consolidation, acquisition or otherwise,
and (ii) any person or entity that acquires all or any portion of Owner's right, title
or interest in the Project whether by sale, lease, or other transfer, or contribution to
partnership, joint venture or other entity. Any agreement for a sale, lease,
contribution or other transfer of the Project by the Owner, or an agreement for a
merger or acquisition including ownership or control of Owner, shall include an
express assumption of the obligations and undertakings of Owner under this
Agreement, including this successorship provision. Within five (5) days following
the close of any sale, acquisition, merger, lease or other transfer covered by this
Section 13.1, Owner shall provide the State Council and the Local Council with
written notice thereof and an original, executed assumption of this Agreement. Any
sham transfer is a breach of this clause and shall not release Owner from any of its
obligations or undertakings under this Agreement.
13.2. The parties agree that: (i) if Owner breaches Section 13.1, and (ii)
Covered Work is performed by a contractor or subcontractor that is not in
compliance with the provisions of Article 3, then Owner shall pay liquidated
damages, as described in Section 13.3, to compensate for the actual damages caused
by reason thereof. The parties agree that such damages would be unreasonably
difficult, costly, inconvenient or impracticable to calculate and, accordingly, they
agree to liquidated damages, which bear a reasonable relationship to the actual
harm suffered by the Unions and their members, as provided in Section 13.3
("Liquidated Damages").
1877-008a 21
13.3. In that Liquidated Damages are owed as described in Section 13.2,
Owner shall pay Thirty Dollars ($30.00) for each hour that work was performed on
the Project within the scope of this Agreement by employees of contractors or
subcontractors who are not signatory to this Agreement. The liquidated damages
shall be paid as follows: Fifteen Dollars ($15.00) per hour to the qualified pension
plan and fifteen Dollars ($15.00) per hour to the qualified health and welfare plan of
the Union(s) having jurisdiction over the work performed by the contractor(s) or
subcontractor(s) not signatory to this Agreement. The parties agree that a Union
shall enforce, collect and receive liquidated damages pursuant to Article 13 on
behalf of its qualified pension plan and its qualified health and welfare plan. The
qualified pension plans and the qualified health and welfare plans shall have no
right to independently enforce the provisions, including but not limited to, the
liquidated damage provisions contained in Article 13.
13.4. In no event shall the Liquidated Damages payable under this Article
exceed a total amount of $7.5 million. In the event that pending claims would
result in a payment in excess of $7.5 million the total claims be prorated based on
the number of hours worked by contractors or subcontractors in violation of
Section 3.1 so that the total payment of claims does not exceed $7.5 million.
13.5. Upon execution and delivery of an agreement assuming all the
obligations of this Agreement, and determination by the Unions that the successor
is financially responsible, Owner shall be released from liability for the payment of
Liquidated Damages under Section 13.3 and Owner shall have no liability for any
breach of this Agreement by a successor employer or contractor. A successor shall
be considered financially responsible if the Unions, in the exercise of their
reasonable judgment, determine that the successor is financially capable of
completing the Project and complying with the obligations and undertakings of the
Primary Employer under this Agreement, including any obligation to pay
Liquidated Damages under Section 13.3.
1877-008a 22
13.5.1. The Unions authorize the Local Council to execute and
deliver a release on their behalf pursuant to a resolution adopted at a duly noticed
meeting of the Local Council.
13.6. This Article 13 shall be enforceable in any court of competent
jurisdiction, and shall not be subject to the grievance procedure of Article 8.
14. LABOR MANAGEMENT COOPERATION TRUST
14.1. Within 10 days of the first hour of Covered Work being performed on
the Project, Primary Employer shall contribute the sum of $87,500 to the California
Construction Industry Labor -Management Cooperation Trust or its designee.
Within 10 days of the 6 month, 12 month and 18 month anniversary of the first
hour of Covered Work being performed on the Project, Primary Employer shall
contribute the sum of $87,500 to the California Construction Industry Labor -
Management Cooperation Trust or its designee, for a total contribution of $350,000.
After such payments are made, there shall be no further obligation by the Primary
Employer, Owner or any other Employer(s) to make any contribution to the Trust.
15. GENERAL PROVISIONS
15.1. If any article or provision of this Agreement shall become invalid,
inoperative and/or unenforceable by operation of law or by declaration of any
competent authority of the executive, legislative, judicial or administrative
branches of the federal or state government, the Employers and the State Council
shall suspend the operation of such article or provision during the period of its
invalidity, and the Primary Employer and the State Council shall negotiate in its
place and stead an article or provision that will satisfy the objections to its validity
and that, to the greatest extent possible, will be in accord with the intent and
purpose of the article or provision in question. The new article or provision
negotiated by the Primary Employer and the State Council shall be binding on all
parties signatory to this Agreement.
1877-008a 23
15.1.1. If the Primary Employer and the State Council are unable
within thirty (30) calendar days to negotiate a substitute article or provision, any of
them may at any time thereafter submit the matter directly to interest arbitration
pursuant to the procedures set forth in Section 8.4, Step 4, and Sections 8.5 through
8.7. The Arbitrator shall have the authority to modify, amend and alter the
Agreement by providing a substitute article or provision to replace the one(s) that
have become invalid, inoperative or unenforceable. The Arbitrator's decision, and
the new article or provision, shall be final and binding on all parties signatory to the
Agreement.
15.2. If any article or provision of this Agreement shall be held invalid,
inoperative or unenforceable by operation of law, or by any of the above mentioned
tribunals of competent jurisdiction, the remainder of the Agreement or application
of such article or provision to persons or circumstances other than to which it has
been held invalid, inoperative or unenforceable shall not be affected thereby.
15.3. . Except as enumerated in this Agreement, all other terms and
conditions of employment described in the Master Agreement of the Union having
traditional and customary jurisdiction over the work shall apply.
15.4. The provisions of this Agreement shall take precedence over conflicting
provisions of any Master Agreement, national agreement or any other collective
bargaining agreement.
15.5. Each person executing this Agreement represents and warrants that
he or she is authorized to execute this Agreement on behalf of the party or parties
indicated.
15.6. This Agreement may be executed in any number of counterparts, and
each counterpart shall be deemed to be an original document. All executed
counterparts together shall constitute one and the same document, and any
signature pages may be assembled to form a single original document.
15.7. To the fullest extent consistent with the applicable Master Agreement
and trust agreement, it is agreed that any liability under this Agreement by
1877-008a 24
Primary Employer, the Council, the Local Council, a Union, or any other Employer
shall be several and not joint. Any alleged breach of this Agreement by a party
shall not affect the rights, liabilities, obligations, and duties among the other
parties or between that party and any other party.
15.8. Any notices required under this Agreement shall be given as follows:
To Primary Employer: To the State Council:
City Administrator Robert L. Balgenorth, President
City of Vernon State Building and Construction Trades
4305 Santa Fe Avenue Council of California
Vernon, CA 90058 1225-8th Street, Suite 375
Sacramento, CA 95814
Telephone: 916-443-3302
To the Local Council:
Richard N. Slawson
Los Angeles/Orange Counties Building &
Construction Trades Council
1626 Beverly Blvd
Los Angeles CA 90026
Telephone: 213-483-4222
With a copy to: With a copy to:
City Attorney Marc D. Joseph
City of Vernon Adams Broadwell Joseph & Cardozo
4305 Santa Fe Avenue 601 Gateway Boulevard; Suite 1000
Vernon, CA 90058 South San Francisco, CA 94080
Telephone: 650-589-1660
Either party may notify the other in writing if its person designated to receive
notice is changed.
16. WAIVER
16.1. The parties hereby acknowledge that this Agreement is a lawful pre -
hire agreement within the meaning of Section 8(f) of the National Labor Relations
1877-008a 25
Act; and the Primary Employer and each other Employer hereby expressly waives
its right to contest, challenge, repudiate or void (hereinafter collective "challenge")
this Agreement, directly or indirectly, on any basis, in any proceeding before any
federal, state or local court, agency or other tribunal, including the National Labor
Relations Board; or before any arbitrator or hearing officer, including any challenge
to the validity of this Agreement that is raised as a defense to any action or claim
brought by the Unions. This Agreement shall be a complete defense to any such
challenge.
16.2. Each Employer further agrees that it shall not solicit, finance or .
participate in any challenge to this Agreement by any other person or entity.
Payment of regular annual dues to an organization or association does not
constitute "solicitation," "financing" or "participation in" a challenge as those terms
are used in this Agreement.
16.3. This Article shall be enforced pursuant to Article 8 of this Agreement
and any grievance shall commence at Step 3 of Section 8.4. The parties agree that
the economic damages to the Unions from a breach of this Article include the
reasonable fees and costs of defense.
17. HELMETS TO HARDHATS
17.1. The Employers and the Unions recognize a desire to facilitate the entry
into the building and construction trades of veterans who are interested in careers
in the building and construction industry. The Employers and Unions agree to
utilize the services of the Center for Military Recruitment, Assessment and
Veterans Employment (the "Center") and the Center's "Helmets to Hardhats
program to serve as a resource for preliminary orientation, assessment of
construction aptitude, referral to apprenticeship programs or hiring halls,
counseling and metering, support network, employment opportunities and other
needs as identified by the parties.
1877-008a 26
17.2. The Unions and Employers agree to coordinate with the Center to
create and maintain an integrated database of veterans interested in working on
this Project and of apprenticeship and employment opportunities for this Project.
To the extent permitted by law, the Unions will give credit to such veterans for bona
fide, provable past experience.
18. TERM OF AGREEMENT
18.1. The term of this Agreement shall commence on the date indicated
below as the date of execution, and except as set forth in this Article 18 shall
continue in effect until completion of all Covered Work pursuant to Article 2.
18.2. In the event that the Application for Certification submitted to the
California Energy Commission for the Project is withdrawn and the Application
proceeding is terminated pursuant to 20 CCR § 1709.8, or the Application is denied
by the California Energy Commission and the time periods for reconsideration
under Public Resources Code § 25530 and appeal of the denial under Public
Resources Code § 25531 have expired with no reconsideration granted or appeal
sought, the Primary Employer may notify the State Council and the Local Council
and terminate this Agreement.
18.3. In the event construction of the Project is not commenced prior to the
final deadline, without right of extension, for the commencement of construction
established by the California Energy Commission, or prior to final expiration,
without right to renew, of the authority to construct permit from .the South Coast
1877-008a 27
Air Quality Management District, the Primary Employer may notify the State
Council and the Local Council and terminate this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed and effective as of 1) cc JZ 11`j c c-, l c� , 2007.
CITY OF VERNON STATE BUILDING & CONSTRUCTION
Primary Employer and Owner: TRADES COUNCIL OF CALIFORNIA
By: L--eonis C. M lburg, Zayor By: Robert L. Balgenorth, President
ATTE T:
By:
anuela Giron, City Clerk
LOS ANGELES/ORANGE COUNTIES
BUILDING & CONSTRUCTION
TRADES COUNCIL
APPROVED A FORM:
C
Je Ha r'son, City Attorney By. Richard N. Slawson,
Business Manager
1877-008a 28
ATTACHMENT A
AGREEMENT TO BE BOUND
PROJECT LABOR AGREEMENT
VERNON POWER PLANT PROJECT
The undersigned hereby certifies and agrees that:
1) It is an Employer as that term is defined in Section 1.4 of the Vernon Power
Plant Project Labor Agreement ("Agreement") because it has been, or will be,
awarded a contract or subcontract to assign, award or subcontract Covered
Work on the Project (as defined in Sections 1.2 and 2.1 of the Agreement), or
to authorize another party to assign, award or subcontract Covered Work, or
to perform Covered Work.
2.) In consideration of the award of such contract or subcontract, and in further
consideration of the promises made in the Agreement and all attachments
thereto (a copy of which was received and is hereby acknowledged), it accepts
and agrees to be bound by the terms and conditions of the Agreement,
together with any and all amendments and supplements now existing or
which are later made thereto.
3.) If it performs Covered Work, it will be bound by the legally established trust
agreements designated in local master collective bargaining agreements, and
hereby authorizes the parties to such local trust agreements to appoint
trustees and successor trustee to administer the trust funds, and hereby
ratifies and accepts the trustees so appointed as if made by the undersigned.
4.) It has no commitments or agreements that would preclude its full and
complete compliance with the terms and conditions of the Agreement.
5.) It will secure a duly executed Agreement to be Bound, in form identical to
this document, from any Employer(s) at any tier or tiers with which it
contracts to assign, award, or subcontract Covered Work, or to authorize
another party to assign, award or subcontract Covered Work, or to perform
Covered Work.
DATED: Name of Employer
(Authorized Officer & Title)
(Address)
1877-008a
ATTACHMENT B
SUBSCRIBER AGREEMENT
The undersigned hereby adopt the Trust Agreement known as the California
Construction Industry Labor -Management Cooperation Trust Agreement,
hereinafter referred to as "Trust" and agree to be bound by the terms thereof. The
undersigned employer Subscriber and Union hereby grant Powers of Attorney to the
Board of Trustees now holding office, or to the successors, to administer the Trust
as representatives of the employer and Union respectively, with full power and
authority to act for the employer and Union in all matters of administration of the
Trust. In no event shall the Union or employer be responsible for any act or
omission of the Trustees nor shall the Union or employer have any liability for any
debt or liability of the Trust or its Trustees.
The employer Subscriber shall pay to the Trust the amount specified by the
Agreement for which contributions to the Trust are required by the Agreement.
The undersigned employer Subscriber acknowledges that the failure by the
employer to timely remit required contributions will result in liquidated damages
being payable under the Trust Agreement to which the employer Subscriber is
hereby bound.
The undersigned represent and warrant that they are authorized to execute
this Agreement on behalf of their respective organizations and that by their
respective execution of this Subscriber Agreement their respective organizations are
fully bound hereto and the provisions of the Trust Agreement.
LN
City of Vernon
Date
By. b 0 0 -7
State Building & Const uction Date
Trades Council
1877-008a
UNIONS
NAME
a
1877-009a
31
LOCAL UNION
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OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
December 4, 2007
VIA FEDERAL EXPRESS
Mark S. Pulliam, Esq.
Latham & Watkins, LLP
600 West Broadway, Suite 1800
San Diego, CA 92101-3375
Re: Vernon Power Plant Project
Dear Mark:
Enclosed please find the following; (1) three original side
letter agreements; (2) three original Project Labor Agreements;
and (3) three Maintenance Agreements which need to be signed by
the appropriate parties and returned to the City, to the
attention of Judy Lehr, Legal Department, as soon as possible.
If you have any questions, please contact me.
Very truly yours,
J PIA.Crr'ison
City Attorney
JH:em
Enclosures
cc: Ms. Nelly Giron, City Clerk (w/o encls.)
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