C.5_Community_Benefits_Agreement.pdf

IFB No.: HSR25-12 Fresno Station Early Works

C.5 Community Benefits Agreement

Revision(s) Date Description 0 12/10/2025 Initial Release

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COMMUNITY BENEFITS

AGREEMENT

CALIFORNIA HIGH-SPEED RAIL AUTHORITY

THE STATE BUILDING AND CONSTRUCTION TRADES COUNCIL

OF CALIFORNIA

AND THE SIGNA TORY CRAFT COUNCILS AND LOCAL UNIONS

2824-024cv

COMMUNITY BENEFITS AGREEMENT

Table of Contents

Purpose

Atticle I:

Article II:

Article Ill: Effect of Agreement

Article IV: Work Stoppages & Lockouts

Article V: No Discrimination

Article VI: Union Security

Article VII: Referral

Article VIII: Wages & Benefits

Article IX: Dispute Resolution Procedure

Article X: Joint Administrative Committee

Article XI: Jurisdictional Disputes

Article XII: Employee Grievance Procedure

Article XIII: Management Rights

Article XIV: Safety, Protection of Person and Property

Article XV: Savings Clause

Article XVI: Pre-Job Conference

Article XVII: Steward

Article XVIII: Term

Definitions

Scope of Agreement i

Article XIX: Miscellaneous Provisions

Attachment A: California High Speed Rail Authority- Community Benefits Agreement- Union Signatory Pages............................................ A-!

Attachment B: Letter of Assent to Community Benefits Agreement................ B-1

Attachment C: Authority's Small Business Policy..................................... C-!

Attachment D: Draft Request Form...................................................... D-l

Attachment E: Zip Code Defining the Extremely Economically Disadvantaged Area and Economically Disadvantaged Area......................... E-l

Attachment F: Core Employee List...................................................... F-l

Attachment G: Memorandum of Understanding (MOU) on Drug Abuse Prevention and Detection................................................ G-!

II

PURPOSE

The purpose of this Community Benefits Agreement (Agreement) is to facilitate efficiency and timely execution of this project while promoting employment opp01tunities and careers in the construction industry during the construction of the High Speed Rail System (Project) awarded by the California High Speed Rail Authority (Authority), remove potential barriers small businesses may encounter in participating in this Project, and to provide for the orderly settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring timely and economical completion of the Project.

WHEREAS, the Authority is responsible for the design and construction of the Project; and

WHEREAS, the successful timely completion of the Project is of the utmost importance to the Authority; and

WHEREAS, the work to be done will require maximum cooperation from the Parties; and

WHEREAS, increasing access to employment opportunities with prevailing wages is one way for the Authority to directly combat poverty and unemployment; and

WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work, including those to be represented by the affiliated unions and any other craft labor organizations which are signatory to this Agreement employed by C/S/E(s) who are signatory to agreements with said labor organizations for the purpose of the Project; and

WHEREAS, it is recognized that projects of this magnitude with multiple C/S/E(s) and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and

WHEREAS, the interests of the general public, the Authority, the Unions, C/S/E(s) and workers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockout, slowdowns or other interferences with work; and

WHEREAS, the Authority, C/S/E and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on this Project by C/S/E(s), and further, to encourage close cooperation among the C/S/E(s) and the Unions to the end that a satisfactory, continuous, and harmonious relationship will exist among the parties to this Agreement; and

WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish, or modify existing local or national collective bargaining agreements in effect during the duration of this Project, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event, the provisions of this Agreement shall prevail; and further, it is understood that Unions and C/S/E(s) are bound and shall remain bound, for the duration of this Project, by the terms of this Agreement and the applicable local and national collective bargaining agreements for the craft work performed, established between the Authority, Unions and C/S/E(s), in effect and covering the area of this Project; and

WHEREAS, this Agreement reflects a commitment by all parties to the diversity in the workforce hiring that reflect levels of minority, women, veterans, and other worker utilization at levels which are representative of the relevant workforce as determined by the U.S. Census Bureau; and

WHEREAS, the Parties signatory to this Agreement acknowledge the Authority's Small Business Policy (Attachment C to this Agreement) and established overall 30% Small Business Goal, inclusive of microbusinesses, a 10% DBE and a 3% DVBE goal within the 30% overall goal and shall exercise full support of this Policy in the implementation of this Agreement in ensuring maximum utilization of Small Businesses on the Project; and

WHEREAS; it is recognized that this Project receives funding from the Federal Railroad Administration, Department of Transp01tation under the High-Speed Intercity Rail Program; and

WHERAS, Federal Executive Order 13502 encouraged the entering into labor agreements in large-scale federally assisted construction projects for the purpose of facilitating the steady supply of labor, preventing labor disputes and promoting the efficiency and timely execution of construction projects; and

WHEREAS, this Agreement is intended to have a positive impact and exemplify the Authority's commitment to ensure the communities, small businesses and residents along the corridors benefit from the Project during construction; and

WHEREAS, the parties to this Agreement recognize that this Project provides an optimal opportunity to combat poverty and high unemployment; and

WHEREAS, the Parties signatory to this Agreement pledge their full good faith and trust to work towards a mutually satisfactory completion of the Project;

NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES, AS

FOLLOWS:

ARTICLE I

DEFINITIONS

1.1 "Agreement" means this Community Benefits Agreement.

1.2 "Apprentice" as used in this Agreement shall mean those apprentices registered and participating in Joint Labor/Management Apprenticeship Programs approved by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards ("DAS"), or in the case of a Federally Funded Project, approved by the US Department of Labor ("DOL") and DAS.

1.3 "Authority" means the California High-Speed Rail Authority.

1.4 "CBA Administrator" means the Authority's representative and/or designee acting on behalf of the Authority to administer this Agreement to ensure compliance by all Parties to this Agreement; develop and implement the associated processes and programs to facilitate this Agreement.

1.5 "Construction Contract" means a contract to perform Project Work.

1.6 "Contractor/Subcontractor/Employer" (C/S/E) means any individual firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and which has entered into contract with the Authority or any of its contractors or subcontractors or owner operators of any tier, with respect to the construction of any part of the Project under contract terms and conditions approved by the Authority which shall incorporate this Agreement. A C/S/E may bid for and be awarded construction of any part of the Project without regard as to whether the C/S/E is otherwise a party to any collective bargaining agreement. Each C/S/E warrants that it is an employer primarily engaged in the construction industry.

I.7 "Core Worker" or "Core Employee" as used in this Agreement shall mean an employee whose name appeared on the C/S/E active payroll for sixty (60) of the one hundred (100) days immediately before the award of the Project Work to the C/S/E and meets all standards required by applicable local, state or federal law or regulation.

1.8 "Disadvantaged Worker" means an individual who, prior to commencing work on the Project, resides in an Economically Disadvantaged Area or Extremely Economically Disadvantaged Area as defined in Sections 1.9 and 1.!0, (Attachment E to this Agreement) and faces at least one of the following barriers to employment: (I) being a veteran; (2) being homeless; (3) being a custodial single parent; (4) receiving public assistance; (5) lacking aGED or high school diploma; (6) having a criminal record or other involvement with the criminal justice system; (7) suffering from chronic unemployment; (8) emancipated from the foster care system; or (9) being an apprentice with less than 15% of the apprenticeship hours required to graduate to journey level in a program as described in Section 1.2.

1.9 "Economically Disadvantaged Area" means a zip code that includes a census tract or portion thereof in which the median annual household income is between $32,000 and $40,000 per year, as measured and reported by the U.S. Census Bureau in the 2010 U.S. Census and as updated by the parties upon the U.S. Census Bureau issuing updated Median Annual Household Income data by census tract in the American Community Survey (refer to Attachment E to this Agreement).

1.10 "Extremely Economically Disadvantaged Area" means a zip code that includes a census tract or portion thereof in which the median annual household income is less than $32,000 per year, as measured and reported by the U.S. Census Bureau in the 2010 U.S. Census and as updated by the parties upon the U.S. Census Bureau issuing updated Median Annual Household Income data by census tract in the American Community Survey (refer to Attachment E to this Agreement).

1.!1 "Federally-Funded Project" means any portion of the Project that is funded in whole or in part with funds received from the United States Department of Transportation.

1.!2 "Federal Railroad Administration" (FRA) means an operating mode of the United States Department of Transportation (DOT) providing financial and technical assistance to the Authority for this

Project.

l. I 3 "Jobs Coordinator" means the Prime Contractor designee responsible for the facilitation and implementation of the Targeted Hiring Requirements of this Agreement. The Jobs Coordinator must be able to demonstrate or document to the Authority the requisite qualifications and/or experience to fulfill the duties and responsibilities.

1.14 "Joint Administrative Committee" (JAC) means the committee established by Article X of this Agreement to review the implementation of this Agreement.

I. I 5 "Letter of Assent" means the document which formally binds each C/S/E to adherence to all the forms, requirements, and conditions of this Agreement that each C/S/E (of any tier) must sign and submit to the Authority's designated office prior to beginning any work covered by this Agreement, and a copy of which will be provided by the designated Authority office to the Council. The form of Letter of Assent is provided as Attachment B to this Agreement.

1.16 "National Targeted Worker" means (a) an individual whose primary place of residence is within an Economically Disadvantaged Area or an Extremely Economically Disadvantaged Area in the United States; or (b) a Disadvantaged Worker.

l. I 7 "Project" means the California High-Speed Rail System Project

1.18 "Project Work" means all on-site construction, alteration, painting or repair of buildings, structures and other works, and related activities for the Project that is within the craft jurisdiction of one of the Unions and which is directly or indirectly part of the Project, including, without limitation, pipelines (including those in linear corridors built to serve the Project), start-up, site preparation, survey work and soils and material inspection and testing, all on-site fabrication work provided such work is within the fabrication provision of a local master or national agreement, or local addenda to a national agreement, of one of the Unions, demolition of existing structures, and all construction, demolition or improvements required to be performed as a condition of approval by any public agency. On-site construction includes work done for the Project in temporary yards or areas near the Project. All fabrication work over which the Authority or C/S/E's possesses the right of control, and which is traditionally claimed as on-site fabrication shall be performed on-site, including without limitation, the fabrication of air-handling systems and ducts, HV AC sheet metal work, all reinforced concrete support structures designed and specially fabricated for this Project. For the convenience of the C/S/Es, such work may be performed off-site. In that event, such fabrication work shall be performed in accordance with the union standards established by this Agreement for the appropriate craft Union or a fabrication agreement approved by the craft's International Union. On-site construction shall also include the site of any batch plant constructed solely to supply materials to the Project. Project Work also includes startup and commissioning, including, but not limited to, system flushes and testing, loop checks, rework and modifications, functional and operational testing up to and including the final running test. It is understood that the Authority, manufacturer's and vendor's representatives, and Project operating personnel may supervise and direct this activity. A manufacturer or its representatives may perform industry standard work to satisfy its guarantee or warranty prior to start-up of a piece of equipment.

I. I 9 "Prime Contractor" means the firm who the Authority has directly awarded the Project Work and who has formally entered into contract directly with the Authority.

1.20 "Subscription Agreement" means the contract between C/S/E(s) and a Union's Labor/Management Trust Fund( s) that allows the C/S/E( s) to make the appropriate fringe benefit contributions in accordance with the terms of the contract.

1.21 "Union" or "Unions" or "Signatory Unions" means the State Building and Construction Trades Council of California ("Council") and any other labor organization signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2.1 Patties: this Agreement shall apply to the C/S/E(s) entering into a Construction Contract for Project Work, C/S/E(s) performing Project Work or agreeing to perform Project Work as C/S/E(s) or otherwise in regards to the Construction Contract and the State Building and Construction Trades Council of California, Craft Councils and Local Unions and any other labor organization signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement ("Signatory Unions") unless otherwise provided or limited herein under Attachment A of this Agreement.

2.2 Project Agreement Scope: This Agreement shall apply to all Project Work.

2.3 Schedule A Agreements: The provisions of this Agreement, including the Schedule A Agreements, (which are the local collective bargaining agreements of the Signatory Unions having jurisdiction over the work on the Project, as such may be changed from time-to-time and which are incorporated herein by reference) shall apply to the work covered by this Agreement (Project Work).

All Project Work shall be performed as provided in the applicable Schedule A Agreement. Where there is a provision in a Schedule A Agreement and not covered by this Agreement, the provision of the Schedule A Agreement shall prevail. Where there is a provision in this Agreement, it shall prevail over any conflicting provision of a Schedule A Agreement. All disputes relating to the interpretation or application of this Agreement shall be subject to resolution by the dispute resolution procedures set fmth herein.

2.4 Exclusions:

2.4.1 This Agreement shall not apply to or govern the award of contracts by the Authority which are outside the scope of the Project Work.

2.4.2 This Agreement shall not apply to or govern the award of contracts by the Authority which are for maintenance and operations of the Project.

2.4.3 This Agreement shall not apply to or impact in any way service contracts or operation, inspection or maintenance contracts entered into by the Authority including, but not limited to said contract relating to the Project, services provided at any Authority facility, building and/or the operation or maintenance of any Authority owned and operated facilities.

2.4.4 This Agreement shall not apply to a C/S/E's non-manual employees including, but not limited to, superintendents, supervisors, staff engineers, quality control and quality assurance personnel, time keepers, mail carriers, clerk, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other engineering, administrative, supervisory, and management employees (except those covered by existing building and construction trades collective bargaining agreements).

2.4.5 This Agreement shall not apply to officers and employees of the Authority, nor to work perfonned by or on behalf of other governmental entities and public utilities.

2.4.6 This Agreement shall not apply to the work of persons, firms and other entities that perform consulting, planning, scheduling, design, environmental, geological, management, or other supervisory services on any Authority Project including, but not limited to, consultants, engineers, architects, geologists, construction managers, and other professionals hired by the Authority or any other governmental entity.

2.4. 7 Notwithstanding the foregoing, it is understood and agreed that Building/Construction Inspector and Field Soils and Material Testers (Inspectors) are a covered craft under this Agreement. This inclusion applies to the scope of work defined in the State of California Wage Determination for that Craft. Every Inspector performing under these classifications pursuant to a professional services agreement or a construction contract shall be bound to all applicable requirements of this Agreement. Covered work as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded, but shall not cover quality assurance work performed by or on behalf of Authority. Notwithstanding the provisions of this sub-section, the Authority may engage consultants for limited periods of time in the event of an urgent need for specialized inspection services. The Authority must provide prior notice to the union that despite good faith efforts, it is unable to obtain qualified inspector(s) under the provisions of this Agreement. Such engagement shall be only to meet immediate and limited needs until such qualified inspectors working under the Agreement are available.

2.4.8 This Agreement shall not apply to work performed by or under contract to electric, gas, communications or water public utilities, and such work is not Project Work.

2.4.9 This Agreement shall not apply to the overhead electrification system.

2.4.1 0 The furnishing of supplies, equipment or materials which are stockpiled for later use shall in no case be considered subcontracting. Construction trucking work, such as the delivery of ready-mix, asphalt, aggregate, sand or other fill material which are directly incorporated into the construction process as well as the off-hauling of debris and excess fill material and/or mud, shall be covered by the terms and conditions of this Agreement, to the fullest extend provided by law and by prevailing wage determinations of the California Department of Industrial Relations. Employers, including brokers, of persons providing construction trucking work shall provide certified payroll records to the Authority within ten (I 0) days of written request or as required by bid specifications.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing the Agreement, the Unions and the Authority agree to be bound by each and every provision of this Agreement. This Agreement is not intended to supersede collective bargaining agreements between any of the C/S/E performing construction work on the Project and Signatory Unions thereto except to the extent the provisions of this Agreement are inconsistent with such collective bargaining agreement, in which event the provisions of this Agreement shall apply. However, such does not apply to work performed under the NTL Articles of Agreement, the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), or the National Agreement of the International Unions of Elevator Constructors and all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, however, provisions of this Agreement dealing with Work Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all parties signatory hereto who are then currently employed or represented at the Project.

3.2 It is understood that this Agreement constitutes a self-contained, stand-alone agreement and that, by virtue of having become bound to this Agreement, the C/S/E will not be obligated to sign any local, area or national collective bargaining agreement as a condition of perfonning work within the scope of this Agreement.

3.3 It is agreed that all C/S/Es of whatever tier, who have accepted the award of a Construction Contract or who have been awarded contracts for work covered by this Agreement, shall be required to accept and be bound to the terms and conditions of this Agreement, and shall evidence their acceptance by the execution of the Letter of Assent as set forth in Attachment B hereto, prior to the commencement of work. At the time that any C/S/E enters into a subcontract with any C/S/E of any tier providing for the performance on the Construction Contract, the C/S/E shall provide a copy of this Agreement to the C/S/E and shall require the C/S/E, as a part of accepting the award of a construction subcontract, to agree in writing in the form of the attached Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project. No C/S/E shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the Authority 48 hours before the commencement of Project Work, or within 48 hours after the award of Project Work to that C/S/E, whichever occurs later. FU!ther, C/S/E(s) not signatory to the established Joint Labor/Management Trust Fund Agreements, as described in the Schedule A Agreement(s) for the craft workers in their employ, shall sign a "subscription agreement" with the appropriate Joint Labor/Management Trust Funds covering the work performed under this agreement before work is commenced on the Project.

3.4 So that the public, the Unions and the employees have complete information, the Authority shall immediately post copies of all executed Letters of Assent on a dedicated page on its website. No C/S/E may perform any Project Work until its Letter of Assent is posted. lfthe Authority is notified that a C/S/E is performing Project Work without its Letter of Assent being posted, the C/S/E shall be removed from the Project unless an executed Letter of Assent is posted within 48 hours.

3.5 This Agreement shall only be binding on the signatory C/S/Es hereto in regards to the Construction Contract and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any C/S/Es or any other contract for construction or project to which this Agreement does not apply.

3.6 This Agreement shall be included as a general condition of the Construction Contract for the Project.

ARTICLE IV

WORK STOPPAGES AND LOCKOUTS

4.1 During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable local Union or by any employee, and there shall be no lockout by the C/S/E. Failure of any Union, local Union or employee to cross any picket line established for this Project is a violation of this Article.

4.2 The Union and its applicable local Union shall not sanction, aid, or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity of the Project 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 ifjustifiably discharged for the above reasons, shall not be eligible for rehire on the Project for a period of not less than ninety (90) days.

4.3 The Unions agree that they shall not sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity of the Project. If any Union is notified of any unrelated offsite work stoppage, strike, picketing or other disruptive activity by the Union that will economically and/or materially affect the completion of the Project, the Union will promptly make good faith efforts to cease such Project disruption.

4.4 No Union shall be liable for independent acts of employees. 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 this Atticle. A local Union complying with this obligation within two business days shall not be liable for unauthorized acts of employees it represents. The failure of the C/S/E to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.

4.5 Expiration of Local Agreements. If local, regional, and other applicable labor agreements expire during the term of this Agreement, it is specifically agreed that, with respect to any Authority Project, there shall be no strike, sympathy strike, picketing, lockout, slowdown, withholding of work, refusal to work, walk-off, sick-out, sit-down, stand-in, wobble, boycott or other work stoppage, disruption, advising of the public that a labor dispute exists, or other impairment of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at any Authority Project and/or failure of the patties to that agreement to reach a new contract. Terms and conditions of employment established and set for purposes of prevailing wage requirements under such labor agreements or as required by law at the time of bid or thereafter shall remain established and set.

Otherwise to the extent that such a local, regional, or other applicable labor agreement does expire and the parties to that agreement have failed to reach agreement on a new contract, work will continue on the Project on one of the following two bases, both of which will be offered by the Unions involved to the C/S/E affected:

4.5. I Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contracts may each propose wage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts provided, however, that the proposal does not violate state and/or federal prevailing wage laws required to be paid on public works projects. The terms of the Union's interim agreement offered to C/S/E(s) will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in the affected county.

4.5.2 Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, provided that said wage rates comply with state and/or federal prevailing wage laws, if the C/S/E(s) affected by that contract agree to the following retroactivity provisions: if a new local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for wage increases, then each affected C/S/E's shall pay to its employees who performed work covered by the Agreement at the Project during the hiatus between the effective dates of such labor agreements, an amount equal to any such wage increase established by such new labor agreement, retroactive to whatever date is provided by the new local, regional or other applicable agreement for such increase to go into effect, for each employee's hours worked on the Project during the retroactive period. An agreed labor agreement must not violate any requirements of state and/or federal prevailing wage laws. All parties agree that such affected C/S/E shall be solely responsible for any retroactive payment to its employees and that neither the Authority nor any other C/S/E has any obligation, responsibility or liability whatsoever for any such retroactive payments or collection of any such retroactive payments, from any such C/S/E.

4.5.3 Some C/S/E(s) may elect to continue to work on the Project under the terms of the interim agreement option offered under 4.5.1 above and other C/S/E(s) may elect to continue to work on the Project under the retroactivity option offered under 4.5.2 above. To decide between the two options, C/S/E(s) will be given one (I) week after the particular labor agreement has expired or one week after the Union has personally delivered to the C/S/E(s) in writing its specific offer of terms of the interim agreement pursuant to 4.5.1 above, whichever is the later date. If the C/S/E(s) fails to timely select one of the two options, the C/S/E(s) shall be deemed to have selected the option of 4.5.2.

4.6 Expedited Arbitration will be utilized for all work stoppages and lockouts. In lieu of or in addition to any other action at law or equity, any party may institute the following procedure when a breach or violation of this Atticle IV is alleged to have occurred:

4.6.1 The party invoking this procedure shall notify the permanent arbitrator next in sequence from the following list:

I. Joseph Gentile

2. Michael Rappapott

3. Walter Daugherty

4. Sara Adler

5. Mai Ling Bickner

The Parties agree these shall be the five permanent Arbitrators under this procedure. In the event that none of the five permanent Arbitrators are available for a hearing within 24 hours, the patty invoking the procedure shall have the option of delaying until one of the five permanent Arbitrators is available or of asking the permanent Arbitrator that would normally hear the matter to designate an arbitrator to sit as a substitute Arbitrator for this dispute. If any of the permanent Arbitrators ask to be relieved from their status as a permanent Arbitrator, the Parties shall mutually select a new permanent Arbitrator from the following list of arbitrators:

I. John Kagel

2. William Rule

3. Another arbitrator agreed to by the Authority and the Council

Selection shall be made by each party alternately striking from the foregoing list until one name remains who shall be the replacement permanent Arbitrator. Expenses incurred in arbitration shall be borne equally by the Union and the C/S/E involved and the decision of the Arbitrator shall be final and binding on both Parties, provided, however, that the Arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way. Notice to the Arbitrator shall be by the most expeditious means available, including by telephone and by facsimile to the party alleged to be in violation and to the Council and involved local Union if a Union is alleged to be in violation.

4.6.2 Upon receipt of said notice, the Arbitrator shall convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.

4.6.3 The Arbitrator shall notify the Parties by telephone and by facsimile or telegram of the place and time for the hearing. Notice shall be given to the individual Unions alleged to be involved and to the Council. Said hearing shall be completed in one session, which, with appropriate recesses at the Arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all Parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of any decision by the Arbitrator.

4.6.4 The sole issue at the hearing shall be whether or not a violation of Section 4.1, 4.2,

4.3 or 4.5 of this Article IV has in fact occurred. The Arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The decision shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (I 5) days, but its issuance shall not delay compliance with or enforcement of the decision. The Arbitrator may order cessation of the violation of this Article and liquidated damages as follow, and such decision shall be served on all Parties by hand or registered mail upon issuance: for the first shift in which the violation occurred, $15,000; for the second shift, $20,000; for the third shift, $25,000; for each shift thereafter on which the craft has not returned to work, $25,000 per shift. The Arbitrator shall determine whether the specified damages in this Section shall be paid to the Authority or the C/S/E. The Arbitrator shall retain jurisdiction to determine compliance with this section and this Article.

4.6.5 Such decision may be enforced by any Comt of competent jurisdiction upon the filing of this A1,oreement and all other relevant documents referred to above in the following manner. Written 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 decision as issued under Section 4.6.4 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 decision shall be served on all parties by hand or delivered by registered mail.

4.6.6 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.

4.6.7 The fees and expenses incurred in arbitration shall be divided equally by the parties to the arbitration, including Union(s) and the C/S/E(s) involved.

4.7 The procedures contained in Section 4.6 shall be applicable to alleged violations of Atticle IV to the extent any conduct described in Section 4.1 , 4.2, 4.3 or 4.5 occurs on the Project.

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 Section 4.1 or Atticle IV shall be resolved under the applicable grievance adjudication procedures for these other Articles.

4.8 Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but shall not have the right to picket) from a particular C/S/E who:

4.8.1 Fails to timely pay its weekly payroll; or

4.8.2 Fails to make timely payments to the Union's Joint Labor/Management Trust Funds in accordance with the provisions of the applicable Schedule A Agreements. Prior to withholding its members services for the C/S/E(s) failure to make timely payments to the Union's Joint Labor/Management Trust Funds, the Union shall give at least ten

(I 0) days (unless a lesser period oftime is provided in the Union's Schedule A Agreement, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved C/S/E(s) and to the Authority. The Union and C/S/E will meet within the ten (I 0) day period to attempt to resolve the dispute.

4.8.3 Upon the payment of the delinquent C/S/E(s) of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the C/S/E( s) shall return all such members back to work.

ARTICLE V

NO DISCRIMINATION

5.1 Consistent with Federal Executive Order 11246 and applicable federal and state law and regulation, the C/S/Es and Unions agree not to engage in any form of discrimination on the ground of, or because of, race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, marital status, medical condition, political affiliation, mental handicap, color, genetic information or membership in a labor organization in hiring and dispatching workers for the Project.

5.2 Any employee covered by this Agreement which believes he/she has been discriminated against, in violation of section 5.1 above, shall be referred to the appropriate state and/or federal agency for the resolution of such dispute.

ARTICLE VI

UNION SECURITY

6.1 The C/S/Es recognize the Unions as the sole and exclusive bargaining representatives of all craft employees working within the scope of this Agreement.

6.2 No employee covered by this Agreement shall be required to join any Union as a condition of being employed, or remaining employed, for the completion of the Project work. To the extent to which this Agreement applies, the C/S/E shall, however, require all employees working on the Construction Contract for a cumulative total of eight (8) or more working days to comply with the applicable Union's security provisions for the period during which they are performing on-site Project work and as permitted by law, to render payment of the applicable monthly dues and any working dues only, as uniformly required of all craft employees while working on the Project and represented by the applicable Signatory Unions. However, any employee who is a member of a Union at the time the referring Union refers the employee, shall maintain that membership in good standing while employed on the Construction Contract.

ARTICLE VII

REFERRAL

7.1 The C/S/E(s) recognize that the Unions shall be the primary source of all craft labor employed on the Construction Contract for the Project. For each craft, the local Union with geographic jurisdiction over the work to be performed shall make referrals of employees to the requesting C/S/E.

The Unions will exert their best effmts to recruit and identify individuals, patticularly National Targeted

Workers, as well as those referred by the Jobs Coordinator, for entrance or reentrance into the labor/management apprenticeship programs, and to assist individuals in qualifying and becoming eligible for such programs. C/S/E(s) utilizing core employees shall follow the procedures outlined below:

7.1.1 The C/S/E worker shall be considered a Core Worker for the purposes of this Article if the employee's name appeared on the C/S/E(s) active payroll for sixty (60) of the one hundred (100) days immediately before the award of the Project Work to the C/S/E and meets the required definition of Section 1.7 above,

7.1.2 Each C/S/E shall submit a Core Employees List to the CBA Administrator (on Attachment F to this Agreement) and shall provide payroll records evidencing the worker's qualification as a Core Worker upon request by Authority, and /or its designee, or any other party to this Agreement. The number of Core Workers on the Project for C/S/Es covered by this Agreement shall be governed by the following procedure: one Core Worker shall be selected and one worker from the hiring hall of the affected trade or craft and this process shall repeat until such C/S/E's requirements are met or until such C/S/E has hired five (5) such Core Workers for that craft, whichever occurs first.

Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall list. In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of remaining Core Workers in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E under this Agreement. This provision applies only to employees not currently working under a current master labor agreement and is not intended to limit transfer provisions of current master labor agreements of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate benefit fund coverage, all C/S/E(s) shall require their "Core Work Force" and any other persons employed, other than through the referral process, to register with the appropriate hiring hall, if any, of the signatory union prior to said employee's first day of employment at the Project site.

7.2 C/S/Es shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions when such procedures are not in violation of state or federal law or in conflict with provisions set forth in this Agreement.

7.3 In the event that referral facilities maintained by the unions are unable to fill the requisition of a C/S/E for National Targeted Workers within forty-eight ( 48) hours (excluding Saturdays, Sundays and holidays), the C/S/E shall be free to obtain National Targeted Workers from any source. If the Union's registration and referral system does not fulfill the requirements for specific classifications of covered classifications requested by any C/S/E within forty-eight ( 48) hours (excluding Saturdays, Sundays and holidays), that C/S/E may use employment sources other than the union registration and referral services, and may employ any applicants meeting such standards from any other available source. The C/S/E shall inform the Union of any applicants hired from other sources within 48 hours of such applicant being hired, and such applicants shall immediately register with the appropriate hiring hall, if any.

7.3.1 The C/S/E(s) must document all efforts made to comply with the targeted hiring process to locate and hire National Targeted Workers.

7.3.2 The C/S/E shall inform the Unions, Job Coordinator and Authority of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s).

7.3.3 No National Targeted Worker, having been pre-screened and /or pre- qualified by the Jobs Coordinator, and employed by the C/S/E to work on the Project, shall be required to participate in any Joint Labor/Management "boot camp" or pre- apprentice program that will unnecessarily delay the Targeted National Worker's start of work or cause said worker's termination due to having to participate in such "boot camps" or pre-apprentice programs.

7.4 Unions will make their best effort to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the C/S/E(s).

7.5 Recruitment

7.5 .I The Unions will make every effort to recruit National Targeted Workers and to refer and utilize National Targeted Workers on the Project. The C/S/E(s) shall submit written documentation to Authority on a quarterly basis, or as required by Authority, which sets forth the steps taken by the C/S/E(s) to recruit, refer and utilize qualified National Targeted Workers recruited by the Unions and referred to or utilized on the Project. In recognition of Authority's policy to utilize National Targeted Workers, the Unions and C/S/E(s) agree that as long as they possess the requisite skills and qualifications National Targeted Workers shall be first referred for Project work, including journeypersons and apprentices.

7 .5.2 The C/S/Es and Unions are responsible for ensuring that the following Targeted Hiring Requirements are met.

(a) A minimum of30% of all hours of Project Work shall be performed by National Targeted Workers.

(b) A minimum of I 0% of all National Targeted Worker hours shall be performed by Disadvantaged Workers.

7.5.3 Apprentice Hiring Requirements

(a) All C/S/E(s) performing Project Work will make every effort to employ the maximum number of Apprentices allowed by State Law.

(b) The Authority will seek to make available through this Agreement or other means, significant apprenticeship opportunities for National Targeted Workers, consistent with Section 7 .5.1.

(c) Any apprentice must come from an apprenticeship program as defined in

Section 1.2.

(d) All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Each C/S/E shall provide adequate proof evidencing the worker's qualification as a Journeyman.

7.6 The Disadvantaged Workers will be referred to the Unions from the Jobs Coordinator qualified to perform construction jobs coordination and related services. The Jobs Coordinator shall pre-screen and/or pre-qualify any applicant prior to referral to the Unions. Drug screening will be a prerequisite to employment. As referenced in 1.8 above, Disadvantaged Workers must meet at least one of the following criteria:

I. Being a Veteran;

2. Being homeless;

3. Being a custodial single parent;

4. Receiving public assistance;

5. Lacking a GED or high school diploma;

6. Having a criminal record or other involvement with the criminal justice system;

7. Suffering from chronic unemployment;

8. Emancipated from the foster care system;

or

9. An apprentice with less than 15% of the required graduating apprenticeship hours in a program as described in Section 1.2.

For the applicant to qualify under this program, the Jobs Coordinator shall verify the presence of any of the criteria listed above.

7.7 The C/S/E shall be the sole judge of the qualifications of any employee including those referred to the C/S/E by any source.

7.8 Helmets to Hardhats:

7.8.1 The C/S/Es and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans and members of the National Guard and Reserves who are interested in careers in the building and construction industry. The Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter "Center"), a joint Labor-Management Cooperation Trust Fund, established under the authority of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S.C. Section 175(a), and Section 302(c)(9) of the Labor- Management Relations Act, 29 U.S.C. Section 186(c)(9), and a charitable tax exempt organization under Section 50l(c)(3) ofthe Internal Revenue Code, and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, suppmi network, employment opportunities, and other needs as identified by the patiies.

7.8.2 The Unions and C/S/E(s) agree to coordinate with the Center to create and maintain an integrated database of veterans and members of the National Guard and Reserves interested in working on this Project and of apprenticeship and employment oppmtunities for this Project. To the extent permitted by law, the C/S/E(s) and Unions will give credit to such veterans and members of the National Guard and Reserves for bona fide, provable past experience.

7.8.3 In recognition of the work of the Center and the value it will bring to the Project, the Authority shall negotiate a contract with the Center for services.

7 .8.4 The Center shall function in accordance with, and as provided…