Resolution No. 93801 RESOLUTION NO. 9380
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
A MAINTENANCE AGREEMENT FOR THE VERNON POWER PLANT
4 PROJECT BY AND BETWEEN THE CITY OF VERNON AND THE
STATE BUILDING AND CONSTRUCTION TRADES COUNCIL OF
5 CALIFORNIA, THE LOS ANGELES/ORANGE COUNTIES
6 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 and
16 WHEREAS, a Maintenance Agreement is necessary to ensure that
17 a sufficient supply of skilled craft workers are available at the VPP
18 Project, that all maintenance work and related work performed by the
19 members of the Unions on the VPP Project shall proceed continuously,
20 without interruption, in a safe and efficient manner, economically
21 with due consideration for the protection of labor standards, wages
22 and working conditions; and
23 WHEREAS, the City desires to enter into a Maintenance
24 Agreement with the State Building and Construction Trades Council of
25 California, the Los Angeles/Orange Counties Building & Construction
26 Trades Council and the local unions (collectively, "Unions") for the
27 construction of the VPP Project; and
28 WHEREAS, the City Council of the City of Vernon has
I determined that, pursuant to the provisions of subsection (a) of
2 Section 2.27 of the Vernon City Code, it is in the public interest and
3 necessity to enter into an Agreement with the State Council, the Local
4 Council and the Unions.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
6 CITY OF VERNON AS FOLLOWS:
7 SECTION 1: The City Council of the City of Vernon hereby
8 finds and determines that the recitals contained hereinabove are true
9 and correct.
10 SECTION 2: The City Council of the City of Vernon hereby
11 approves the Maintenance Agreement for the Vernon Power Plant with the
12 Unions, in substantially the same form as Exhibit A which is attached
13 hereto and incorporated herein by reference.
14 SECTION 3: The City Council of the City of Vernon hereby
15 authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
16 and on behalf of, the City of Vernon and the City Clerk is hereby
17 authorized to attest thereto.
18 SECTION 4: The City Council of the City of Vernon hereby
19 authorizes the City Administrator, or his designee, to make whatever
20 nonsubstantive, administrative and/or text changes, upon advice of
21 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 City Administrator, or his designee, to execute any and
27 all documents necessary or required to implement and carry out the
28 Agreement consistent with the terms of the Agreement approved herein
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I for, and on behalf of, the City of Vernon and to perform such other
2 acts and deeds, as may be necessary or convenient to effect the
3 purposes of ,this Resolution and the transactions herein authorized.
4 SECTION 7: The City Clerk of the City of Vernon shall
5 certify to the passage of this resolution, and thereupon and
6 thereafter the same shall be in full force and effect.
7 APPROVED AND ADOPTED this 6th day of August, 2007.
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Name: Leonis C. Malburg
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11 Title: Mayor
ATT ST:
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UELA GIRON, Ci y Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 9380, was
6 duly adopted by the City Council of the City of Vernon at a regular
7 meeting of the City Council duly held on Monday, August 6, 2007, and
8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City
9 of Vernon.
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11 MXNUELA GIR ity Clerk
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(SEAL)
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EXHIBIT A
MAINTENANCE AGREEMENT
FOR THE
VERNON POWER PLANT PROJECT
LOS ANGELES COUNTY, CALIFORNIA
1877-003b
SM 6629 6.15OW5 3
1. PARTIES
1.1. This Maintenance 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 P-Rarties 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 � "�� -eran Applicable Agreement (as defined in Seetion1.6Article
3), Primary Employer shall retain the right to control and coordinate all pProject
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
1877-003b
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employee to order corrective action 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 and
maintenance 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 construction maintenance 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
maintenance 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.
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1.7. The parties acknowledge that plant maintenance repair and
renovation involves units that must keen operating or, if shut down must
be brought up as soon as practicable. This means that some of the work
will be urgent or emergency in nature and therefore will require at times
the acceptance of extreme fluctuations in labor demand The Unions
completely understand the necessity of these demands and will make
every effort, including requesting assistance from other local Unions to
fulfill the labor requirements of the Employers under this Agreement
1.8. 3-.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 interference with the process of the work, including interference that may
arise at a common-situs jobsite if union employees have 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.
1.9. 4-.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 applies to all major maintenance work to be
performed on the Project which is not excluded by Section 2.2 below
("Covered Work"), and includes all planned outage maintenance, major overhauls,
and other major maintenance work performed on the Project that is contracted out
1877-003b
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to a contractor primarily engaged in the construction industry. All work within
2.2. The following work is excluded from the scope of this Agreement:
2.2.1. Work which is performed by an Original Equipment
Manufacturer's ("OEM") labor forces for warranty, repair or maintenance on the
vendor's equipment if required by the OEM's warranty agreement between the
OEM and the Owner, or work which is performed by OEM labor forces
pursuant to a long-term parts and service agreement with the Primary
Employer f, provided those labor forces are paid a comparable wage and benefit
package no less than the total wage and benefit package of the craft union affiliated
with the State Council which would normally and customarily have craft
jurisdiction over that work.l
2.2.2. Construction or repair work performed by the Primary
Employer's or Owner's general or EPC contractor under a Project Labor
Agreement approved by the Councils and the Primary Emnlover and/or Owner.
2.2.3. Work performed by technical representatives or technicians
performing specialized work on equipment where such employees have special or
unique skills or experience on that equipment which employees represented by the
Unions do not possess. Where practicable, prior notice shall be given to the Local
Council before technical representatives or technicians perform any work.
Employer.
2.2.4. Work performed by regular employees of Primary
2.2.5. ` .` . . Work performed by non -construction craft employees such
as supervisors not covered by a collective bargaining agreement- technical
or non -manual employees, executives, civil, mechanical or other licensed
engineers, office and clerical employees drafters supervisors
timekeepers, messengers, inspectors, or any other employee above the
classification of general foreman
1877-003b
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sD\%N85 62985.3
2.2.6. Work that is immediately necessary to repair a unit or
niece of equipment as the result of an emergency, act of God, or other
sudden unexpected events outside of the control of the Primary Employer,
provided that no union contractor is immediately available to perform the
work on reasonable terms This provision shall not be used to evade the
terms and conditions of a Master Agreement or other collective bargaining
agreement.
2.2.7. Any work outside the fence line of the Project shall be
included only if under the direct control of Primary Employer,
2.2.8. Work which consists of the furnishing or delivery of
materials, supplies or equipment to the Project.
Company.
2.2.9. 2-.2-.-R-Work performed by regular employees of Petrelli Electric
2.2.10. 2-.2-.6-Work if, at the time the work is to be performed, at
least three union signatory contractors are not reasonably available to bid the
work. "Reasonably available" includes, but is not limited to, contractors
who are regularly in the business for services required by Primary
Employer and whohaveavailable sufficient numbers of employees with
requisite skills.
2.2.11. Work performed by employees reporting, either
directly or indirectly, to local, state or federal governmental agencies (e.g..
CBO Inspectors) or Owner's or Primary Employer's Contractor's quality
control employees.
2.2.12. Work which is not planned more than 14 days in
advance and which takes fewer than 300 hours to complete.
3. CONTRACTING AND SUBCONTRACTING
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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 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" and Attachment
B, the "Subscriber Agreement." 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 and Subscriber Agreement,
Any Employer not already bound to an Applicable Agreement, who sins
or becomes bound to such a multi -employer, area, regional, or national
agreement to perform Covered Work on the Project, shall not be required
to apply the terms of that agreement to any other construction proiect.
1877-003b
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3.2.1. All work within the scone 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. 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, bound to the Master Agreement for this
Project and signatory to the Subscriber Agreement as required by this Agreement.
Any Employer that fails to provide the Local Council and State Council with the
Employer Agreement to be Bound and Subscriber 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.
3.4. 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.
3.5. The furnishing of materials. supplies or equipment and the
delivery thereof shall in no case be considered subcontracting.
1877-003b
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3.6. The Owner or Primary Employer may choose to perform any
work with its regular work force for operations and maintenance or
directly purchase any parts or materials for the work necessary on the
Project.
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.
4.3. All terms and conditions of employment applicable to the
Project and not covered herein are subject to negotiation between the
Primary Employer (or applicable Employer) and the Union unless it is the
subject to an agreement authorized in Article 3 above
4.4. The parties agree that this Agreement provides for wages and
benefits consistent with California prevailing wage law. The Unions agree
that any dispute concerning the appropriate wage rate for Covered Work
under this Agreement should be resolved solely under the grievance
procedure provided in Section 8.3 of this Agreement, and that the Unions
1877-003b
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and each of them will not seek to resolve any issue over the applicable
wage rate in any other forum, including but not limited to the California
Department of Industrial Relations
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. Nothing in this
Agreement shall in any manner whatsoever limit the rights of Primary
Employer or any Employer to select any contractors to perform portions of
the Covered Work on the Project whether or not such contractors are
signatories to any Applicable Agreement or employ members of any
signatory Union. Any Employer performing Covered Work on the Project
shall as a condition to working on the Project become bound by and
perform all Covered Work on the Project under the terms of this
Agreement and the Applicable Agreement
5.3. The Unions shall be the primary 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, discriminating on the basis of union membership
or non -membership, or on the basis of race, creed color, sex reHaion. affe
1877-003b
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SD\462995b562985-1
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
nay as a result of any judgment or settlement in any action based on such
violation(s) and for any expenses. costs and attornev'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, tbut
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.l The Employer(s) shall have the right to reject any
applicant referred by the Unions)
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. [DELETE?
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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 any Employer. Failure of any Union or employee to cross any
picket line established at the Employer's pProject 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
pProject 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 pProject 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 }pProject 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.
1877-003b
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SDI 62'us.,5fi2985.'i
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,
the Employer may suspend all or any portion of the pProject 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 pProject 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 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
1877-003b
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sD\-"'���_, 5fi2985.3
parties to attend said hearing shall not delay the hearing of evidence or. issuance of
an Award by the Arbitrator.
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 above, the party or parties found to be in violation shall
1877-003b
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pay as liquidated damages, the following amounts: for the first shift in which the
violation occurred, $ 6,09fl25.000; for the second shift, $28;99925.000; for the third
shift, $25,000; for each shift thereafter on which the craft has not returned to work,
$25,000 per shift. The Arbitrator shall determine whether the specified damages in
this Section shall be paid to the Owner or the Primary 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
1877-003b
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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.
7. HOURS, SHIFT TIMES, HOLIDAYS AND WORKING CONDITIONS
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. q:2-Recognized holidays shall be as follows: New Year's'Day, Martin
Luther King, Jr. Day, Presidents' Day, Memorial Day, Fourth of July, Labor Day,
1877-003b
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SD\ 62995.47562' S.`i
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 shall receive the appropriate rate: but in no case shall such overtime
rate be more than double the -straight time rate
7.5. E 3. Except as enumerated in this Agreement, all other terms and
conditions of employment described in the appropriate Local Agreement shall apply.
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
1877-003b
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SM:56,1984 562985.3
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 craftsupervisor 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)
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.
S o 'd the parties he parties agree that Louis
Ziaman, 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
1877-003b
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3M462n�,_94 ' 5-62985.3
(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
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.
1877-003b
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SDk &29 c4562y85.3
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_ [CONFORM TO PLA?l
9.1. The assignment of work will be solely the responsibility of the
Employer performing the work involved, and work shall be made in ., ,,,,or t r
witlassined based on traditional and customary building trades craft
jurisdiction. All jurisdictional disputes between or among the Unions and their
employees, parties to this Agreement, shall be settled and adjusted according to the
plan described in this Article 9. Decisions rendered shall be final, binding and
conclusive on the Employers involved and the Unions that are parties to this
Agreement. ProvisionsThe provisions of Article 6.1 apply to any issues associated
with jurisdictional disputes.
9.2. A party challenging an assignment shall notify all affected Unions, the
Employer and the Council, by facsimile, within two (2) days of the time that a
dispute occurs. All disputes involving craft work assignments shall be referred to
the Local Council which shall convene a meeting with the affected Unions and
Employer within two (2) days. Should the Local Council, the affected Unions and
the Employer fail to resolve the dispute within five (5) working days from the date
they were notified of the dispute, then the matter shall be immediately referred to
the affected International Unions with which the local unions are affiliated and
they and the Employer shall have the opportunity to resolve the dispute.
9.3. Should the International Unions and the Employer fail to resolve the
1877-003b
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SD\462 ,Tug r 5fi29R5.3
dispute within five (5) working days from the date they were notified of the dispute,
then the matter shall be referred by facsimile by any International Union or
Employer directly involved in the dispute for arbitration to the arbitrator, chosen by
the International Unions from among Gerald McKay, Thomas Angelo, William
Riker and Emily Maloney, to resolve jurisdictional disputes under this procedure.
9.4. The arbitrator will set and hold a hearing within seven (7) days of the
referral to him or her. The arbitrator shall notify the Employer and the appropriate
International Unions by facsimile of the place and time chosen for the hearing. A
failure of any party or parties to attend said hearing without good cause, as
determined by the arbitrator, shall not delay the hearing of evidence or issuance of
a decision by the arbitrator. The time period set forth herein can be extended by
mutual agreement of the parties in writing.
9.5. The arbitrator shall issue a decision within three (3) days after the
case has been closed. The decision of the arbitrator shall be final and binding on all
parties to the dispute. This action of the arbitrator shall be predicated upon the
particular facts and evidence presented regarding this dispute and shall be effective
only on this particular job.
9.6. In rendering the decision, the arbitrator shall determine first, whether
a previous decision or agreement of record between the parties to the dispute
governs. If the arbitrator finds that the dispute is not covered by an appropriate or
applicable decision or agreement of record, the arbitrator shall then consider
whether there is an applicable agreement between the crafts governing the case. If
no such agreement is in effect, the arbitrator shall then consider the established
trade practice and prevailing practice in the locality.
9.7. The arbitrator is not authorized to award back pay or any damages for
a mis assignment of work, except for a knowing mis-assignment of work. Nor may
any party to this procedure bring an independent action for back pay or any other
damages, based upon a decision of the arbitrator.
1877-003b
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$D\.S/2(_v 44!r44G 1562 M3
9.8. Each party to the arbitration shall bear its own expense for the
arbitration. The fees and expenses of the arbitrator will be shared equally by the
affected International Unions and the Employer.
9.9. The Employer shall not be subject to disputes regarding work
assignments made by its subcontractors. However, the Employer must ensure that
its subcontractors, performing work under the terms and conditions of this
Agreement, follow the procedures of this Article.
9.10. In case of a jurisdictional dispute involving a Union or Unions not
party to this Agreement, such dispute will be referred to the General Presidents of
the Unions involved and the Employer for resolution.
10. GENERAL WORKING CONDITIONS
10.1. Employment begins and ends at the Proiect 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 referred to the
Employer who are 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
1877-003b
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SDV 6298c45629SU
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. 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 or the Master Agreement, stand by crews and feather
bedding practices will not be recognized.
10.6. Individual seniority shall not be recognized or applied to
employees working on projects under this Agreement.
10.7. The Employer shall establish and employees shall observe such
reasonable project job site work rules as the Employer deems appropriate.
These rules will be reviewed and discussed at the pre -job conference
distributed to all employees, posted at the project site by the employer,
and may be amended thereafter as necessary.
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•
11.1.1. Plan, direct and control the operation of all the work.
1877-003b
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SMU)—l-4 c � M2985.3
the work.
11.1 2 Decide the number and type of employees required for
11.1.3. Hire, promote and lay off employees as deemed
appropriate to meet work requirements and/or skills required.
11.1.4. Discharge. suspend or discipline employees for just
cause as provide in the work rules.
11.1.5. Assign and schedule work at its sole discretion and
determine when overtime will be worked There shall be no refusal by a
Union to perform work, including overtime work. assigned. Such cases
shall be subject to the grievance procedure.
11.1.6. 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.
11.1.7. The Primary Employer and Employers shall have the
right to implement a drug and alcohol testing program consistent with
accepted industry practice in the area, including pre -hire, post -accident.
and reasonable suspicion testing, as agreed to by the Local Council. The
Local Council's agreement shall not be unreasonably withheld. With
regard to employees performing work on gas pipelines specifically,
Primary Employer and Employers shall have the right to implement a
drug and alcohol testing program in compliance with and to the extent
required by the Department of Transportation regulations.
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.
1877-003b
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SD\4624� y_;�,sc4S62985.3
12. A—. JOINT LABOR/MANAGEMENT MEETINGS
12.1. 48-1-During the period of any work performed under this Agreement
that is scheduled to last longer than 60 days, a joint Labor/Management meeting
will be held on an approximately monthly basis or more frequently as needed
between the Owner, the eontr etors and subeontraetorsEmployers, 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 the scheduling and productivity of work performed at the Project.
12.2. 44.2-Except for an emergency or a job of two (2) weeks or, less, 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 will be required with the contractor prior to each contractor or
subcontractor mobilizing on site and beginning contract work. The results of a
Pre -Job Conference and/or Mark -Up Meeting shall be provided to the Owner and
the Unions in writing.
13.E SUCCESSORSHIP
13.1. 44 This Agreement is and shall be binding and legally effective upon
(i) any successor to Owner, whether by merger, consolidation, acquisition or
otherwise, and Gi) 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; provided, however.
that this Agreement shall not be binding upon any successor or transferee
who takes title to the Project by reason of the default of the Owner
1877-003b
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SM462 sec �562985-3
pursuant to any loan or financing agreement or because of the bankruptcy
or insolvency of the Owner. 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 11.1,
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. irL The parties agree that`. (i) if Owner breaches Section 34-.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 44�-3-13.3. 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 34-413.3 ("Liquidated Damages").
13.3. 31.3-In that Liquidated Damages are owed as described in Section
a-1-.2-,13.2. Owner shall pay Th twenty Dollars ($90�020.00) 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: PWteenTen Dollars ($16.0010.00) per
hour to the qualified pension plan and fiftee-nten Dollars ($16.0010.00) 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
1877-003b
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Agreement. The parties agree that a Union shall enforce, collect and receive
liquidated damages pursuant to Article -1413 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 1+:13.
13.4. In no event shall the liquidated damages payable under
Section 13.3 exceed a total amount of $1.000 000 In the event that pending
claims would result in a payment in excess of $1.000 000 the total claims
shall 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 1 000 000
13.5. 34-.4-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 +1-.843.3.
13.5.1. 44-.44 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. 44-�-This Article -1413 shall be enforceable in any court of competent
jurisdiction, and shall not be subject to the grievance procedure of Article 8.
1877-003b
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SD\462 ,.! 4 502M 3
14.
1877-003b
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SD\5 2 ,,4 i 5629813
LABOR MANAGEMENT COOPERATION TRUST
14.1. 12.1:-Each Employer at every tier who performs work within the scope
of this Agreement shall contribute the sum of twenty-five cents ($0.25) per hour for
each hour paid for or worked by employees, and shall remit that sum by payment
postmarked no later than the 15' of the month following the month in which those
hours were paid for or worked, directly to the State Building & Construction Trades
Council Labor Management Cooperation Trust or its designee. Each Employer
shall execute a Subscriber Agreement covering these contributions, a copy of which
is attached as Attachment B.
14.2. The Unions will indemnify and hold harmless the Primary
Employer and all Employers on the Project covered by this Agreement
from any liability for entering into or implementing this Article, or for any
deficiencies in or liabilities of the organization or operation of the Trust
15. 4-3—GENERAL
15.1. 43�-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 Primary Employer 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
good faith 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. f The new article
or provision 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
1877-003b
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SDI 6299c4Sfi2)85.3
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.
18.3. Exeept as enumerated in this Agreement, all other terms and
15.3. The parties agree that employees are entitled to equal
employment opportunity and the parties will not discriminate affainst an
employee or applicant for employment because of race, creed, color, sex,
sexual orientation, disability, national origin, age. religion, Vietnam
veteran, or Vietnam era status, or any other basis prohibited by law. The
parties also agree that no person shall be subject to unlawful harassment
on any basis prohibited by law, including sexual or racial harassment.
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. 4-34.-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.
1877-003b
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SDlei2c, ,_,,445fii2l$5,a
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 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: For the Unions:
Robert L. Balgenorth, President
State Building and Construction Trades
Council of California
1225-8"' 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:
Marc D. Joseph
Adams Broadwell Joseph & Cardozo
1877-003U
30
SM462LT )"u<,'S
601 Gateway Boulevard, Suite 1000
South San Francisco, CA 94080
Telephone: 650-589-1660
1877-003b
31'
SD\cr9uc M2985-3
Either party may notify the other in writing if its person designated to receive
notice is changed.
16.+4-7- WAIVER
16.1. 444-The parties hereby acknowledge that this Agreement is a lawful
pre -hire agreement within the meaning of Section 8M 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. 14.2. 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. TERM
This Maintenanee Agreement shall be effective upon final completion of
pre operational test . f any portion-4-the Project meaning "final acceptance"
as that term is defined in the Project Labor Agreement), and shall continue
for thirty (30) years thereafter, except that Primary Employer may terminate
1877-003b
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SM-5. A 56205.3
this Agreement at any time after the commencement of operations if the
maintenance work performed under this Agreement has not, in Primary
Employer's reasonable business judgment, been performed safely.
efficiently, or according to schedule.
IN WITNESS WHEREOF, the Pparties have caused this Agreement to be
executed and effective as of , 24)06 2007.
CITY OF VERNON
Primary Employer and Owner:
1877-003b
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SD -56299c �5629R5:3
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
Cxnsex't names of unxoaj
1877-003b
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SDV46298c 4562985,3
ATTACHMENT A
AGREEMENT TO BE BOUND
MAINTENANCE 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 Maintenance 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)
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SM562 8-t 5A298La
1877-003b
SM462984509S5 3
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 15t" 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.
By:
Employer/Subscriber Date
By:
State Building & Construction Date
-Trades Council
1877-003b
SM4 2c��.'�,�u�.' 562985.3
MAINTENANCE AGREEMENT
FOR THE
VERNON POWER PLANT PROJECT
LOS ANGELES COUNTY, CALIFORNIA
1877-009a
1. PARTIES
1.1. This Maintenance 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 an Applicable Agreement (as defined in Article 3), 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
1877-009a
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 and maintenance
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 construction maintenance 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 maintenance
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. The parties acknowledge that plant maintenance, repair and
renovation involves units that must keep operating or, if shut down, must be
1877-009a
2
brought up as soon as practicable. This means that some of the work will be urgent
or emergency in nature and, therefore, will require at times the acceptance of
extreme fluctuations in labor demand. The Unions completely understand the
necessity of these demands and will make every effort, including requesting
assistance from other local Unions, to fulfill the labor requirements of the
Employers under this Agreement.
1.8. 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
interference with the process of the work, including interference that may arise at a
common-situs jobsite if union employees have 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.
1.9. 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 applies to all maintenance work to be performed on
the Project which is not excluded by Section 2.2 below ("Covered Work"), and
includes all planned outage maintenance, major overhauls, and other maintenance
work performed on the Project that is contracted out to a contractor primarily
engaged in the construction industry.
2.2. The following work is excluded from the scope of this Agreement:
]877-oo9a
2.2.1. Work which is performed by an Original Equipment
Manufacturer's ("OEM") labor forces for warranty, repair or maintenance on the
vendor's equipment if required by the OEM's warranty agreement between the
OEM and the Owner, provided those labor forces are paid a comparable wage and
benefit package no less than the total wage and benefit package of the craft union
affiliated with the State Council which would normally and customarily have craft
jurisdiction over that work.
2.2.2. Construction or repair work performed by the Primary
Employer's or Owner's general or EPC contractor under a Project Labor Agreement
approved by the Councils and the Primary Employer and/or Owner.
2.2.3. Work performed by technical representatives or technicians
performing specialized work on equipment where such employees have special or
unique skills or experience on that equipment which employees represented by the
Unions do not possess. Where practicable, prior notice shall be given to the Local
Council before technical representatives or technicians perform any work.
2.2.4. Work performed by regular employees of Primary Employer.
2.2.5. Work performed by non -construction craft employees such as
supervisors not covered by a collective bargaining agreement, technical or non -
manual employees, executives, civil, mechanical or other licensed engineers, office
and clerical employees, drafters, supervisors, timekeepers, messengers, inspectors,
or any other employee above the classification of general foreman.
2.2.6. Work that is immediately necessary to repair a unit or piece of
equipment as the result of an emergency, act of God, or other sudden unexpected
events outside of the control of the Primary Employer, provided that no union
contractor is immediately available to perform the work on reasonable terms. This
provision shall not be used to evade the terms and conditions of a Master
Agreement or other collective bargaining agreement.
1877-009a
4
2.2.7. Any work outside the fence line of the Project shall be included
only if under the direct control of Primary Employer.
2.2.8. Work which consists of the furnishing or delivery of materials,
supplies or equipment to the Project.
2.2.9. Work performed by regular employees of Petrelli Electric
Company.
2.2.10. Work if, at the time the work is to be performed, union signatory
contractors are not reasonably available to bid the work. "Reasonably available"
includes, but is not limited to, contractors who are regularly in the business for
services required by Primary Employer and who have available sufficient numbers
of employees with requisite skills.
2.2.11. Work performed by employees reporting, either directly or
indirectly, to local, state or federal governmental agencies (e.g., CBO Inspectors) or
Owner's or Primary Employer's Contractor's quality control employees.
3. CONTRACTING AND SUBCONTRACTING
3.1. Primary Employer, and each other Employer, as deigned 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
1977-009a
5
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 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" and Attachment
B, the "Subscriber Agreement." 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 and Subscriber Agreement.
Any Employer not already bound to an Applicable Agreement, who signs or becomes
bound to such a multi -employer, area, regional, or national agreement to perform
Covered Work on the Project, shall not be required to apply the terms of that
agreement to any other construction project.
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. 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,
1877-009a
6
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, bound to the Master Agreement for this
Project and signatory to the Subscriber Agreement as required by this Agreement.
Any Employer that fails to provide the Local Council and State Council with the
Employer Agreement to be Bound and Subscriber 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.
3.4. 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.
3.5. The furnishing of materials, supplies or equipment and the delivery
thereof shall in no case be considered subcontracting.
3.6. The Owner or Primary Employer may choose to perform any work with
its regular work force for operations and maintenance or directly purchase any
parts or materials for the work necessary on the Project.
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.
1877-009a
7
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.
4.3. All terms and conditions of employment applicable to the Project and
not covered herein are subject to negotiation between the Primary Employer (or
applicable Employer) and the Union unless it is the subject to an agreement
authorized in Article 3 above.
4.4. The parties agree that this Agreement provides for wages and benefits
consistent with California prevailing wage law. The Unions agree that any dispute
concerning the appropriate wage rate for Covered Work under this Agreement
should be resolved solely under the grievance procedure provided in Section 8.4 of
this Agreement, and that the Unions, and each of them, will not seek to resolve any
issue over the applicable wage rate in any other forum, including but not limited to
the California Department of Industrial Relations.
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. Nothing in this
1877-009a
Agreement shall in any manner whatsoever limit the rights of Primary Employer or
any Employer to select any contractors to perform portions of the Covered Work on
the Project, whether or not such contractors are signatories to any Applicable
Agreement, or employ members of any signatory Union. Any Employer performing
Covered Work on the Project shall as a condition to working on the Project, become
bound by and perform all Covered Work on the Project under the terms of this
Agreement and the Applicable Agreement.
5.3. The Unions shall be the primary 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, 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
1877-009a
9
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. The Employer(s) shall have the right to reject any applicant
referred by the Union(s).
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.
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 any 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.
1877-009a
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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,
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.
]877-009a
11
6.6.1. The party invoking this procedure shall notify 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.
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
1877-009a
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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 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,
$25,000 per shift. The Arbitrator shall determine whether the specified damages in
this Section shall be paid to the Owner or the Primary 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
1877-009a
13
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.
7. HOURS, SHIFT TIMES, HOLIDAYS AND WORKING CONDITIONS
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
1877-009a
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as soon as practicable. Any shifts established shall continue for the established
work week. If a Master 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 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.
1877-009a
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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:
Ste-0 I
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)
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.
1877-009a
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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.
Should the parties be 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)
labor arbitrators with construction experience 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
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 15.1.1, 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.
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.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 work will be solely the responsibility of the
Employer performing the work involved, and work shall be assigned based on
traditional and customary building trades craft jurisdiction. All jurisdictional
disputes between or among the Unions and their employees, parties to this
Agreement, shall be settled and adjusted according to the plan described in this
Article 9. Decisions rendered shall be final, binding and conclusive on the
Employers involved and the Unions that are parties to this Agreement. The
provisions of Article 6.1 apply to any issues associated with jurisdictional disputes.
9.2. A party challenging an assignment shall notify all affected Unions, the
Employer and the Council, by facsimile, within two (2) days of the time that a
dispute occurs. All disputes involving craft work assignments shall be referred to
the Local Council which shall convene a meeting with the affected Unions and
1877-009a
W.
Employer within two (2) days. Should the Local Council, the affected Unions and
the Employer fail to resolve the dispute within five (5) working days from the date
they were notified of the dispute, then the matter shall be immediately referred to
the affected International Unions with which the local unions are affiliated and
they and the Employer shall have the opportunity to resolve the dispute.
9.3. Should the International Unions and the Employer fail to resolve the
dispute within five (5) working days from the date they were notified of the dispute,
then the matter shall be referred by facsimile by any International Union or
Employer directly involved in the dispute for arbitration to the arbitrator chosen in
accordance with the procedure set forth in Step 4 of Section 8.4, to resolve
jurisdictional disputes under this procedure.
9.4. The arbitrator will set and hold a hearing within seven (7) days of the
referral to him or her. The arbitrator shall notify the Employer and the appropriate
International Unions by facsimile of the place and time chosen for the hearing. A
failure of any party or parties to attend said hearing without good cause, as
determined by the arbitrator, shall not delay the hearing of evidence or issuance of
a decision by the arbitrator. The time period set forth herein can be extended by
mutual agreement of the parties in writing.
9.5. The arbitrator shall issue a decision within three (3) days after the
case has been closed. The decision of the arbitrator shall be final and binding on all
parties to the dispute. This action of the arbitrator shall be predicated upon the
particular facts and evidence presented regarding this dispute and shall be effective
only on this particular job.
9.6. In rendering the decision, the arbitrator shall determine first, whether
a previous decision or agreement of record between the parties to the dispute
governs. If the arbitrator finds that the dispute is not covered by an appropriate or
applicable decision or agreement of record, the arbitrator shall then consider
whether there is an applicable agreement between the crafts governing the case. If
1877-009a
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no such agreement is in effect, the arbitrator shall then consider the established
trade practice and prevailing practice in the locality.
9.7. The arbitrator is not authorized to award back pay or any damages for
a mis-assignment of work, except for a knowing mis-assignment of work. Nor may
any party to this procedure bring an independent action for back pay or any other
damages, based upon a decision of the arbitrator.
9.8. Each party to the arbitration shall bear its own expense for the
arbitration. The fees and expenses of the arbitrator will be shared equally by the
affected International Unions and the Employer.
9.9. The Employer shall not be subject to disputes regarding work
assignments made by its subcontractors. However, the Employer must ensure that
its subcontractors, performing work under the terms and conditions of this
Agreement, follow the procedures of this Article.
9.10. In case of a jurisdictional dispute involving a Union or Unions not
party to this Agreement, such dispute will be referred to the General Presidents of
the Unions involved and the Employer for resolution.
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 referred to the Employer who are 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
1877-009a
20
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. 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 or the Master
Agreement, stand by crews and feather bedding practices will not be recognized.
10.6. Individual seniority shall not be recognized or applied to employees,
working on projects under this Agreement.
10.7. The Employer shall establish and employees shall observe such
reasonable project job site work rules as the Employer deems appropriate. These
rules will be reviewed and discussed at the pre -job conference, distributed to all
employees, posted at the project site by the employer, and may be amended
thereafter as necessary.
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
1877-009a
21
expressly limited by the terms of this Agreement or the Master Agreement. This
authority includes, but is not limited to, the right to:
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 work.
11.1.3. Hire, promote and lay off employees as deemed appropriate to
meet work requirements and/or skills required.
11.1.4. Discharge, suspend or discipline employees for just cause as
provide in the work rules.
11.1.5. Assign and schedule work at its sole discretion and determine
when overtime will be worked. There shall be no refusal by a Union to perform
work, including overtime work, assigned. Such cases shall be subject to the
grievance procedure.
11.1.6. 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.
11.1.7. The Primary Employer and Employers shall have the right to
implement a drug and alcohol testing program consistent with accepted industry
practice in the area, including pre -hire, post -accident, and reasonable suspicion
testing, as agreed to by the Local Council. The Local Council's agreement shall not
be unreasonably withheld. With regard to employees performing work on gas
pipelines specifically, Primary Employer and Employers shall have the right to
implement a drug and alcohol testing program in compliance with and to the extent
required by the Department of Transportation regulations.
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.
1877-009a
22
12. JOINT LABOR/MANAGEMENT MEETINGS
12.1. During the period of any work performed under this Agreement that is
scheduled to last longer than 60 days, a joint Labor/Management meeting will be
held on an approximately monthly basis or more frequently as needed between the
Owner, the 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 the scheduling and productivity of work
performed at the Project.
12.2. Except for an emergency or a job of two (2) weeks or less, 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 will be
required with the contractor prior to each contractor or subcontractor mobilizing on
site and beginning contract work. The results of a Pre -Job Conference and/or Mark -
Up Meeting shall be provided to the Owner and the Unions in writing.
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
1877-009a
23
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 Twenty Dollars ($20.00) 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: Ten Dollars ($10.00) per hour to the qualified pension plan
and ten Dollars ($10.00) 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.
1877-009a
24
13.4. 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.
13.4.1. 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.
13.5. 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. Each Employer at every tier who performs work within the scope of
this Agreement shall contribute the sum of twenty-five cents ($0.25) per hour for
each hour paid for or worked by employees, and shall remit that sum by payment
postmarked no later than the 15th of the month following the month in which those
hours were paid for or worked, directly to the California Construction Industry
Labor Management Cooperation Trust or its designee. Each Employer shall
execute a Subscriber Agreement covering these contributions, a copy of which is
attached as Attachment B.
1877-009a
25
15. GENERAL
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 Primary Employer 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
good faith 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.
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.
1877-009a
26
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 parties agree that employees are entitled to equal employment
opportunity and the parties will not discriminate against any employee or applicant
for employment because of race, creed, color, sex, sexual orientation, disability,
national origin, age, religion, Vietnam veteran, or Vietnam era status, or any other
basis prohibited by law. The parties also agree that no person shall be subject to
unlawful harassment on any basis prohibited by law, including sexual or racial
harassment.
15.5. The provisions of this Agreement shall take precedence over conflicting
provisions of any Master Agreement, national agreement or any other collective
bargaining agreement.
15.6. 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.
15.7. 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.
15.8. 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 State 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.
1877-009a
27
15.9. Any notices required under this Agreement shall be given as follows:
To Primary Employer: To the Unions:
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
With a copy to:
City Attorney
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
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:
Marc D. Joseph
Adams Broadwell Joseph & Cardozo
601 Gateway Boulevard, Suite 1000
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.
1877-009a
28
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
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.
1877-009a
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17. TERM
This Agreement shall be effective upon final completion of the Project
(meaning "final acceptance" as that term is defined in the Project Labor
Agreement), and shall continue for thirty (30) years thereafter.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed and effective as of �" I J "� , 2007.
CITY OF VERNON STATE BUILDING & CONSTRUCTION
Primary Employer and Owner: TRADES COUNCIL OF CALIFORNIA
By: gg>y�6nLeon' s C . Malliurg By; Robert L. Balgenorth, President
Uiie%R Mayor
ATTEST LOS ANGELES/ORANGE COUNTIES
By; BUILDING & CONSTRUCTION
M nuela Giron, "City Clerk TRADES COUNCIL
APPROVED
U111m,
1877-009a
TO FORM:
30
By: Richard N. Slawson,
Business Manager
ATTACHMENT A
AGREEMENT TO BE BOUND
MAINTENANCE 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 Maintenance 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)
1877-009a
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.
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.
I' s
Employer/Subscriber Date
State Building & Construction Date
Trades Council
1877-009a
UNIONS
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LOCAL UNION
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1877-008a 29
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,
E
JFJ A. rrison
City Attorney
JH:em
Enclosures
cc: Ms. Nelly Giron, City Clerk (w/o encls)
Excfusivefy Industfiaf