CWA_Agreement.pdf

Mt. San Antonio College 1 Community workforce Agreement

COMMUNITY WORKFORCE AGREEMENT

BY AND BETWEEN

MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT

AND

LOS ANGELES AND ORANGE COUNTIES

BUILDING AND CONSTRUCTION TRADES COUNCIL

AND

THE SIGNATORY CRAFT COUNCILS AND UNIONS

FOR

CAPITAL CONSTRUCTION AND MAJOR RENOVATION PROJECTS

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Mt. San Antonio College 2 Community Workforce Agreement

TABLE OF CONTENTS Page

ARTICLE 1 DEFINITIONS 4

ARTICLE 2 INTENT AND PURPOSE 5

ARTICLE 3 SCOPE OF AGREEMENT 7

ARTICLE 4 UNION RECOGNITION AND EMPLOYMENT 11

ARTICLE 5 UNION ACCESS AND STEWARDS 15

ARTICLE 6 WAGES AND BENEFITS 17

ARTICLE 7 HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS 18

ARTICLE 8 WORK STOPPAGES AND LOCKOUTS 20

ARTICLE 9 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 23

ARTICLE 10 MANAGEMENT RIGHTS 24

ARTICLE 11 SETTLEMENT OF GRIEVANCES AND DISPUTES 26

ARTICLE 12 REGULATORY COMPLIANCE 28

ARTICLE 13 SAFETY AND PROTECTION OF PERSON AND PROPERTY 29

ARTICLE 14 TRAVEL AND SUBSISTENCE 29

ARTICLE 15 APPRENTICES 29

ARTICLE 16 WORK OPPORTUNITIES PROGRAM 30

ARTICLE 17 WORKING CONDITIONS 31

ARTICLE 18 PRE-JOB CONFERENCES 32

ARTICLE 19 LABOR/MANAGEMENT COOPERATION 32

ARTICLE 20 SAVINGS AND SEPARABILITY 33

ARTICLE 21 WAIVER 33

ARTICLE 22 AMENDMENTS 34

ARTICLE 23 DURATION OF THE AGREEMENT 34

ATTACHMENT A – LETTER OF ASSENT 37

ATTACHMENT B – LOCAL RESIDENT ZIP CODES 38

ATTACHMENT C – CRAFT EMPLOYEE REQUEST FORM 39

ATTACHMENT D – DRUG AND ALCOHOL TESTING POLICY 41

Mt. San Antonio College 3 Community Workforce Agreement

MT. SAN ANTONIO COLLEGE

COMMUNITY WORKFORCE AGREEMENT

FOR NEW CONSTRUCTION AND MODERNIZATION

This Community Workforce Agreement (hereinafter, “Agreement”) is entered into by and among the Board of Trustees of the Mt. San Antonio Community College District (the “College”), the Los Angeles/Orange Counties Building and Construction Trades Council (the “Council”), and the signatory Craft Councils and Unions signing this Agreement (hereinafter together with the Council, collectively, the “Union” or “Unions”). This Agreement establishes the labor relations guidelines and procedures for the College and for the Contractors and craft employees represented by the Unions and engaged in Project Work. The College, Council and Unions are hereinafter referred to herein, as the context may require, as “Party” or “Parties.”

The Parties to this Agreement understand that if this Agreement is acceptable to the College, the policy of the College will be for the Project Work to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as “Attachment A”), and to require each of its subcontractors, of whatever tier, to become bound. The College shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the College.

The College shall actively administer and enforce the obligations of this Agreement to ensure that the benefits envisioned from it flow to all signatory Parties, the Contractors and crafts persons working under it, and the residents and students of the College. The College shall therefore designate a “Community Workforce Coordinator,” either from its own staff or an independent contractor acting on behalf of the College, to monitor compliance with this Agreement; assist, as the authorized representative of the College, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purposes of the Parties and this Agreement; and to otherwise implement and administer this Agreement.

The Union and all Contractors agree to abide by the terms and conditions of this

Agreement and agree that this Agreement represents the complete understanding of the Parties.

No Contractor is or will be required to sign or otherwise become a party to any other collective bargaining agreement with a signatory Union as a condition of performing work within the scope of this Agreement.

The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Project Work, without regard to whether that successful bidder performs work at other sites on either a union or non-union basis. This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.

The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance.

Mt. San Antonio College 4 Community Workforce Agreement

ARTICLE 1

DEFINITIONS

Section 1.1 “Agreement” means this Community Workforce Agreement.

Section 1.2 “Apprentice” means an employee registered and participating in Joint Labor/Management Apprenticeship Programs approved by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California.

Section 1.3 “College” means Mt. San Antonio Community College District.

Section 1.4 “Community Workforce Coordinator” means a person selected from staff which shall assist in monitoring compliance with this Agreement.

Section 1.5 “Completion” means the Public Contract Code definition of completion as provided in Public Contract Code section 7107, subdivision (c).

Section 1.6 “Construction Contract” means public works contract(s) (including design-bid, design-build, or lease-leaseback) awarded by the College.

Section 1.7 “Contractor” means any individual, firm, partnership, or corporation, or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and has entered into a Construction Contract with the College for any part of the Project under contract terms and conditions approved by the College and which incorporates this Agreement, and all contractors and subcontractors of any tier.

Section 1.8 “Council” means the Los Angeles/Orange Counties Building and Construction Trades Council.

Section 1.9 “Joint Labor/Management Apprenticeship Program” means a joint Union and Contractor administered apprenticeship program certified by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California.

Section 1.10 “Letter of Assent” means the document that each Contractor (of any tier) must sign and submit to the Community Workforce Coordinator and the Council, before beginning any Project Work, which formally binds them to adhere to all the forms, requirements and conditions of this Agreement, in the letter attached hereto as Attachment A.

Section 1.11 “Project” means any construction performed pursuant to a College-awarded Construction Contract that is paid for, in whole or in part, by Bond Measure RR or Measure GO funds and not otherwise excluded pursuant to Section 2.4 of this Agreement, which is awarded during the term of this Agreement.

Section 1.12 “Project Work” means construction performed on a Project, as defined in Section 1.11.

Mt. San Antonio College 5 Community Workforce Agreement

Section 1.13 “Schedule A Agreement” means the local collective bargaining agreement(s) of the signatory Union having jurisdiction over the construction work and which has signed this Agreement.

Section 1.14 “Subscription Agreement” means the contract between a Contractor and a Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of Schedule A Agreement.

Section 1.15 “Union” or “Unions” mean the Los Angeles/Orange Counties Building & Construction Trades Council, AFL-CIO, and the Craft Councils and local Unions signatory to this Agreement, acting on 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 2

INTENT AND PURPOSE

Section 2.1 College’s Proprietary Interest in the Project: The College's proposed capital construction and renovations will affect a significant number of the facilities that are owned, leased or controlled by the College, and which are used by the College for educational, recreational, social, and other purposes, including a new physical education complex, a technology center, a learning resource center, a science laboratory, and a student center. The College has a proprietary interest in ensuring that the construction of and renovation to such facilities is completed in a timely and efficient manner, and to prevent labor disruptions that may delay the completion of such projects. The College, wishes to utilize the most efficient and effective procedures for construction, including assurances of a sufficient supply of skilled craftsperson's, and the elimination of disruptions or interference with Project Work, and believes that the adoption of this Agreement is in the best interests of its students, parents, staff, and the taxpayers.

Section 2.2 Identification and Retention of Skilled Labor and Employment of College Residents: The vast amount of new school construction, substantial renovation, and capital improvement work scheduled to be performed by the College will require large numbers of craft personnel and other supporting workers. The parties understand and intend to use the opportunities provided by the extensive amount of work to be covered by this Agreement to identify and promote, through cooperative efforts, programs and procedures (which may include, for example, programs to prepare persons for entrance into formal apprenticeship programs, or outreach programs to the community describing opportunities available as a result of the Project), the interest and involvement of College residents in the construction industry; assist them in entering the construction trades, and through utilization of the joint labor/management sponsored apprenticeship programs, provide training opportunities for those College residents and other individuals wishing to pursue a career in construction. Further, with assistance of the Community Workforce Coordinator, the College, the contractors, the Unions and their affiliated regional and national organizations, will work jointly to develop and implement procedures promptly for the identification of craft needs, the scheduling of work to facilitate the utilization

Mt. San Antonio College 6 Community Workforce Agreement of available craft workers, and to secure the services of craft workers in sufficient numbers to meet the high demands of the Project Work to be undertaken.

Section 2.3 Encouragement of Local and Small Business: The Project will provide many opportunities for local and small business enterprises to participate as contractors or suppliers, and the parties therefore agree that they will cooperate with all efforts of the College, the Community Workforce Coordinator, and other organizations retained by the College for the purpose of encouraging and assisting the participation of local and small businesses in Project Work. Specifically, all parties understand that the College has established and quantified goals which place a strong emphasis on the utilization of local and small businesses on the Project.

Each party agrees that it shall employ demonstrable efforts to encourage utilization in an effort to achieve such goals. This may include, for example, participation in outreach programs, education and assistance to businesses not familiar with working on a project of this scope, and the encouragement of local residents to participate in Project Work through programs and procedures jointly developed to prepare and encourage such local residents for apprenticeship programs and formal employment on the Project through the referral programs sponsored and/or supported by the parties to this Agreement. Further, the parties shall ensure that the provisions of this Agreement do not inadvertently establish impediments to the participation of local and small businesses, and residents of the College.

Section 2.4 Project Cooperation: The parties recognize that the construction to take place under this Agreement involves unique and special circumstances which dictate the need for the parties to develop specific procedures to promote high quality, rapid and uninterrupted construction methods and practices. The smooth operation and successful and timely completion of the work is vitally important to the parents and the students of the College. The parties therefore agree that maximum cooperation among all parties involved is required; and that with construction work of this magnitude, with multiple contractors and crafts performing work on multiple sites of over an extended period of time, all parties agree to work in a spirit of harmony and cooperation, and with an overriding commitment to maintain the continuity of Project Work.

Further, the parties recognize that an Act of God or on Act of War could require the College to partially or fully suspend Project Work. The parties shall fully cooperate with any request by the College to redirect their equipment, skills and expertise to support the College's efforts necessitated by such events.

Section 2.5 Peaceful Resolution of All Disputes: In recognition of the special needs of the Project and to maintain a spirit of harmony, labor-management peace and stability during the term of this Community Workforce Agreement, the parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes and grievances; and in recognition of such methods and procedures, the unions agree not to engage in any strike, slowdowns or interruptions or disruption of Project Work, and the contractors agree not to engage in any lockout, or any other action impairing or impeding the Project Work.

Section 2.6 Binding Agreement on Parties and Inclusion of College Residents and Businesses: By executing this Agreement, the College, Council, Unions and Contractors agree to be bound by each and all of the provisions of this Agreement, and pledge that they will work

Mt. San Antonio College 7 Community Workforce Agreement together to adopt, develop and implement processes and procedures which are inclusive of the residents and businesses of the College.

ARTICLE 3

SCOPE OF AGREEMENT

Section 3.1 Parties: This Agreement applies to and is limited to all Contractors performing Project Work (including subcontractors at any tier), and their successors and assigns, the College, the Council and its affiliated Unions signatory to this Agreement.

Section 3.2 Applicability: For the purposes of this Agreement, Project Work shall be limited to construction work performed pursuant to a College-awarded Construction Contract that is paid for, in whole or in part, by Bond Measure RR or Measure GO funds and not otherwise excluded pursuant to Section 2.4 of this Agreement, which is awarded during the term of this Agreement.

(a) It is understood by the Parties that the College may at any time, and at its sole discretion, add additional projects under this Agreement not otherwise covered by this Agreement.

Section 3.3 Covered Work: This Agreement covers, without limitation, all Construction Contracts for on-site site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting of buildings, structures and other works, and related activities for Project Work that is within the craft jurisdiction of one or more of the Unions and which is directly or indirectly part of Project Work, including, without limitation to the following examples, geotechnical and exploratory drilling, temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve Project Work), pumps, pump stations, start-up, modular furniture installation and final clean-up. On-site work includes Project Work in temporary yards, dedicated sites, or areas adjacent to Project Work sites, and at any on-site or off-site batch plant constructed solely to supply materials to the Project. This scope of work includes all soils and materials testing and inspection where such testing and inspection is a classification in which a prevailing wage determination has been published.”

Section 3.4 Awarding of Contracts:

(a) The College and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on this Project to any Contractor notwithstanding the existence or non-existence of any agreements between such Contractor and any Union parties, provided only that such Contractor is ready, willing and able to execute and comply with this Community Workforce Agreement should such Contractor be awarded work covered by this Agreement.

(b) It is agreed that all Contractors and subcontractors of whatever tier, 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 Community Workforce Agreement, and shall evidence their acceptance by the execution of the Letter of Assent set forth in Attachment “A” hereto, prior to the commencement of work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance on the construction contract, the tpatterson Highlight tpatterson Highlight

Mt. San Antonio College 8 Community Workforce Agreement

Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project. No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the Community Workforce Coordinator and to the Council forty-eight (48) hours before the commencement of Project Work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

Section 3.5 Combining, Consolidating, or Canceling Contracts: The College has the absolute right to combine, consolidate, or cancel work or portions of work that would otherwise be covered by Sections 2.2 and 2.3 and not excluded by Section 2.4. If the College cancels work or portions of work that would otherwise be considered Project Work and thereafter reauthorizes such work, then such work shall be performed under the terms of this Agreement.

Section 3.6 The Parties understand that the College may at any time, and at its sole discretion, determine to build segments of the Project under this Agreement which were not currently proposed, or to modify or not to build any one or more particular segments proposed to be covered. It is understood by the Parties that the College may at any time, and at its sole discretion, add additional projects under this Agreement not otherwise covered by this Agreement.

Section 3.7 Exclusions: Items specifically excluded from the scope of this Agreement include the following:

(a) Work of non-manual employees, including but not limited to: superintendents;

administrators; teachers; supervisors; time keepers, mail carriers, clerks, office workers, messengers; guards, safety personnel, emergency medical and first aid technicians; and other professional, engineering, administrative, supervisory and management employees;

(b) Equipment and machinery owned or controlled and operated by the College;

(c) All off-site manufacture and handling of materials, equipment or machinery;

provided, however, that lay down or storage areas for equipment or material and manufacturing (prefabrication) sites, dedicated solely to the Project or Project Work, and the movement of materials or goods between locations on a Project site are within the scope of this Agreement;

(d) All employees of the College, Community Workforce Coordinator, design teams

(including, but not limited to architects engineers and master planners), or any other consultants for the College (including, but not limited to, project managers and construction managers and their employees not engaged in Project Work) and their sub-consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Building/Construction Inspector and Field Soils and Materials Testers (Inspectors) are a covered craft under the CWA.

This inclusion applies to the scope of work defined in the State of California Wage Determination for said Craft. This shall also specifically include such work where it is referred to

Mt. San Antonio College 9 Community Workforce Agreement by utilization of such terms as "quality control" or "quality assurance." Every Inspector performing under the Wage classification of Building/Construction Inspector and Field Soils and Material Testers under a professional services agreement of a construction contract shall be bound to all applicable requirements of the CWA. Project 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;

(e) Any work performed on, or near, or leading to a site of work covered by this

Agreement and undertaken by state, county, city or other governmental bodies, or their Contractors, or by public or private utilities, or their Contractors, and/or by the College or its Contractors (for work for which is not within the scope of this Agreement);

(f) Off-site maintenance of leased equipment and on-site supervision of such work;

(g) It is recognized that certain materials, equipment and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment and systems, together with requirements of manufacturer’s or vendor’s warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of Owner’s and/or manufacturer’s personnel. The Unions agree to install such material, equipment and systems without incident;

(h) Non-construction support services contracted by the College, Community

Workforce Coordinator, or Contractor in connection with this Project;

(i) Laboratory work for testing.

Section 3.8 Coverage Exception:

(a) This Agreement shall not apply if the College receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the College not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. With respect to work funded by local or other public entity, the College agrees that it will make a reasonable effort to defend application of this Agreement.

(b) The College, with the written agreement of the Council, may modify the Agreement in the event that: 1) federal or state law prohibits the application of a provision of this Agreement; or 2) the terms, conditions, or contingencies of a grant or a contract with a federal or state agency would be inconsistent with the application of a provision of this Agreement. The College President/CEO or his/her designee shall be authorized to modify the requirements of this Agreement accordingly, with agreement from the Council, to advance the purposes of this Agreement to the maximum extent feasible

Mt. San Antonio College 10 Community Workforce Agreement

Section 3.9 Schedule A Agreements:

(a) 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, notwithstanding the provisions of any other local, area and/or national agreement which may conflict with or differ from the terms of this Agreement. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), or within the jurisdiction of the International Union of Elevator Constructors and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians except that Articles 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. Where a subject covered by the provisions of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall apply. Where a subject is covered by a provision of a Schedule A and not covered by this Agreement, the provisions of the Schedule A shall prevail. Any dispute as to the applicable source between this Agreement and any Schedule A for determining the wages, hours of working conditions of employees on this Project shall be resolved under the procedures established in Article 11.

(b) It is understood that this Agreement, together with the referenced Schedule A’s, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Community Workforce Agreement, the Contractor will not be obligated to sign any other local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign an uniformly applied, non-discriminatory “Subscription Agreement” or “Participation Agreement” at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Participation Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign such Agreement with the appropriate Craft Union prior to the subcontractor beginning Project Work.

(c) Within fort-eight (48) hours of a request, the Council and Unions shall provide copies of all operative Schedule A Agreements to any Contractor who requests, in writing, such agreements in order to inform their prospective bid on Project Work or the performance of Project Work. The Council and Unions shall provide copies of such agreements to the College upon request.

Section 3.10 Binding Signatories Only: This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party.

Mt. San Antonio College 11 Community Workforce Agreement

Section 3.11 Other College Work: Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work or function not covered by this Agreement, which may be performed by College employees or contracted for by the College for its own account, on its property or in and around a Project site.

Section 3.12 Separate Liability: It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the College or Community Workforce Coordinator and/or any Contractor.

Section 3.13 Completed Project Work: Upon Completion of Project Work, this Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the College or its representatives to engage in repairs, modification, check-out and/or warranties functions required by its contract(s) with the College.

ARTICLE 4

UNION RECOGNITION AND EMPLOYMENT

Section 4.1 Recognition: The Contractor recognizes the Council and the Unions as the exclusive bargaining representative for the employees engaged in Project Work.

Section 4.2 Contractor Selection of Employees: The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with Section 4.3 and Section 5.3, below. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any reporting pay required by Section 7.6; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified workers through the procedures endorsed in this Agreement.

Section 4.3 Referral Procedures:

(a) For signatory Unions now having a job referral system contained in a Schedule A, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the College to encourage employment of College residents and utilization of small local businesses on the Project, and to facilitate the ability of all Contractors to meet their employment needs.

The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The Unions will work with their

Mt. San Antonio College 12 Community Workforce Agreement affiliated regional and national unions, and jointly with the Community Workforce Coordinator and others designated by the College, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, particularly residents of the College, for entrance into joint labor/management apprenticeship programs, or to participation in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel for Project Work and future construction of maintenance work to be undertaken by the College.

(b) The Union shall not knowingly refer an employee currently employed by a Contractor on Project Work to any other Contractor.

(c) The Parties are aware of the College’s policy that Contractors shall not employ, on Project Work when minors may be present on or around the site of such Project Work during working hours, a person who would not be eligible for employment by the College under California Educational Code, Section 45123. The Parties shall endeavor to employ persons under this Article in compliance with this policy, and the Contractors agree to remove such an individual in their employ from the particular Project site at the request of the College or the Community Workforce Coordinator.

Section 4.4 Non-Discrimination in Referral, Employment, and Contracting: The Unions and Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status or disability. Further, it is recognized that the College has certain policies, programs, and goals for the utilization of local small business enterprises. The Parties shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere within a local and small business enterprises successfully bidding for work within the scope of this Agreement shall be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the College’s policies and commitment to its goals for the significant utilization of local and small businesses as direct Contractors or suppliers for Project Work.

Section 4.5 Employment of College Area Residents:

(a) The Unions and Contractors agree that, to the maximum extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft “Local Residents” as defined herein, to fulfill the requirements of the Contractors. In recognition of the fact that the College and the communities surrounding Project Work will be impacted by the construction of the Project, the parties agree to support the hiring of workers from the residents of these surrounding areas (“Area Residents”), as well as Veterans and students of the College which have received an AA/AS degree or who have completed and received a completion certificate from the College’s apprenticeship preparation program utilizing the multi-craft core curriculum (“Student Graduates”). Towards that end, the Unions agree that they will exert their best efforts to encourage and provide referrals and utilization of qualified workers:

Mt. San Antonio College 13 Community Workforce Agreement

(i) First, Area Residents residing in those first-tier zip codes which cover the College service area, as reflected on the attached list of zip codes, as well as Veterans and Student Graduates, regardless of where they reside;

(ii) Second, if the Unions cannot provide the Contractors in the attainment of a sufficient number of qualified workers from paragraph (i), above, the Unions will exert their best efforts to then recruit and identify for referral qualified workers residing within a ten (10) mile radius of the College Campus, as reflected on the attached list of zip codes.

(iii) Third, if the Unions still have not provided the Contractors in the attainment of a sufficient number of qualified workers from paragraphs (i) and (ii), above, the Unions will then exert their best efforts to recruit and identify for referral qualified workers residing within the County of Los Angeles.

Qualified workers residing within any of these three (3) areas described above, as well as Veterans and Student Graduates, regardless of where they reside, shall be referred to as Local Residents.

(b) A goal of 30% of all of the construction labor hours worked shall be from Local Residents described in (a) above. To facilitate the dispatch of Local Residents, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any Project Work, a sample of which is attached as Attachment “C.”

(c) The Community Workforce Coordinator shall work with the Unions and

Contractors in the administration of this Local Resident preference; and the Contractors and Unions shall cooperate by maintaining adequate records to demonstrate to the Community Workforce Coordinator that such preferences have been pursued. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate benefit fund coverage, all Contractors 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.

(d) Out of State Workers. Hours worked by residents of states other than California shall not be included in the calculation of total hours of Project Work for purposes of the percentage goals.

Section 4.6 Helmets to Hardhats: The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement, the term “Eligible Veteran” shall have the same meaning as the term “veteran” as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re-codified from time to time. It shall be

Mt. San Antonio College 14 Community Workforce Agreement the responsibility of each qualified College resident to provide the Unions with proof of his/her status as an Eligible Veteran.

The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

Section 4.7 Core Employees:

(a) Except as otherwise provided in separate collective bargaining agreement(s) to which the Contractor is signatory, Contractors may employ, as needed, first, a member of his core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 4.3. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for a Contractor with ten (10) or fewer employees, assuming the remaining employees are qualified to undertake the work available. This provision applies only to Contractors who are not directly signatory to a current Schedule A Agreement for the craft worker in its employ and is not intended to limit the transfer provisions of the Schedule A Agreement of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a project site.

(b) The core work force is comprised of those employees whose names appeared on the Contractor’s active payroll for sixty (60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who possess any license required by state or federal law for the Project Work to be performed; who have the ability to safely perform the basic functions of the applicable trade.

(c) Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the Community Workforce Coordinator and the Council. Failure to do so will prohibit the Contractor from using any core employees. Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, driver’s license, voter registration, postal address and such other documentation) evidencing the core employee’s qualification as a core employee to the Community Workforce Coordinator and the Council.

Section 4.8 Time for Referral: If any Union’s registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services and may employ applicants meeting such standards from any other available source. The Contractors shall inform the Union

Mt. San Antonio College 15 Community Workforce Agreement of any applicants hired from other sources within forty-eight (48) hours of such applicant being hired, and such applicants shall register with the appropriate hiring hall, if any.

Section 4.9 Lack of Referral Procedure: If a signatory Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 3.5.

Section 4.10 Union Membership:

Employees are not required to become or remain union members as a condition of performing Covered Work under this Agreement. Employers shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. Nothing in this Section 4.10 is intended to supersede the requirements of applicable Master Agreements as to those Employers otherwise signatory to such Master Agreements and as to the employees of those Employers who are performing Covered Work.

Section 4.11 Individual Seniority: Except as provided in Section 5.3, individual seniority shall not be recognized or applied to employees working on the Project; provided, however, that group and/or classification seniority in a Union’s Schedule A as of the effective date of this Agreement shall he recognized for purposes of layoffs.

Section 4.12 Foremen: The selection and number of craft foreman and/or general foreman shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors.

Section 4.13 College Security Requirements: The Parties are aware of the College’s policy that Contractors and other Contractors shall not employ a person who would not be eligible for employment by the College under California Education Code, Section 45123. All persons working on Project Work, including all employees hired by a Contractor (or referred by a Signatory Union) to work on Project Work, shall be required to comply with all criminal background check certification requirements and policies of College for those persons who may come in contact with, or work in close proximity to, minors in the course of performing work on a Project. Contractors may refuse to employ any person who declines to comply with College’s background check requirements or who is otherwise determined to be disqualified from participating in Project Work because of a disqualifying conviction. Similarly, College may ban or order the immediate removal of any person disqualified from working in the presence of, or in close proximity to, minors.

ARTICLE 5

UNION ACCESS AND STEWARDS

Section 5.1 Access to Project Sites: Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and

Mt. San Antonio College 16 Community Workforce Agreement further provided that such representatives fully comply with posted visitor, security and safety rules.

Section 5.2 Stewards:

(a) Each signatory Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non-working stewards. Stewards will receive the regular rate of pay for their respective crafts.

(b) In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor. Each steward should he concerned only with the employees of the steward’s Contractor and, if applicable, subcontractor(s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/her Union duties.

(c) When a Contractor has multiple, non-contiguous work locations at one site, the

Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor.

(d) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 5.3 Steward Layoff/Discharge: The relevant Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Schedule A, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given.

Section 5.4 Employees on Non-Project Work: On work where the personnel of the College may be working in close proximity to the construction activities covered by this Agreement, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with the College personnel, or with personnel employed by any other employer not a Party to this Agreement.

Mt. San Antonio College 17 Community Workforce Agreement

ARTICLE 6

WAGES AND BENEFITS

Section 6.1 Wages: All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that rate as of its effective date under the law. Notwithstanding any other provision of this Agreement, this Agreement does not relieve Contractors directly signatory to one or more of the Schedule A Agreements from paying all wages set forth in such Agreements.

Section 6.2 Benefits:

(a) Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate Schedule A and make all employee authorized deductions in the amounts designated in the appropriate Schedule A; provided, however, that such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. Notwithstanding any other provision of this Agreement, Contractors directly signatory to one or more of the Schedule A Agreements are required to make all contributions set forth in those Schedule A Agreements without reference to the forgoing. Bona fide benefit plans with joint trustees or authorized employee deduction programs established or negotiated under the applicable Schedule A or by the Parties to this Agreement during the life of this Agreement may be added.

(b) The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor.

(c) Each Contractor and subcontractor shall be required to certify to the Community Workforce Coordinator that it has paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, upon timely notification by a Union to the Community Workforce Coordinator, the Community Workforce Coordinator shall work with any prime Contractor or subcontractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting the College or the prime Contractor to withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.

Section 6.3 Wage Premiums: Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay, and special skills shall not be applicable to work under this…