Model_Project_Labor_Agreement_(PLA)_Monmouth-Ocean.docx

[PROJECT NAME]

PROJECT LABOR AGREEMENT

ARTICLE 1 – PREAMBLE

WHEREAS, [contractor/owner] (“General Contractor") as agent for the Owner and on behalf of itself, and Project Management Firms acting as Construction Managers, and reflecting the objectives of the Owner, desires to provide for the efficient, safe, quality, and timely completion of certain construction projects in _________, New Jersey set forth in Schedule C hereto (the “Project”) in a manner designed to afford lower reasonable costs to the Owner and the advancement of public policy objectives; and alia by:

WHEREAS, this Project Labor Agreement will foster the achievement of these goals, inter

· Ensuring a reliable source of skilled and experienced labor;

· Standardizing the terms and conditions governing the employment of labor on the Project;

· Permitting wide flexibility in work scheduling and shift hours and times, from those which otherwise might obtain;

· Receiving negotiated adjustments as to work rules and staffing requirements from those which otherwise might obtain;

· Providing comprehensive and standardized mechanisms for the settlement of work disputes, including those relating to jurisdiction, without delay or disruption to the project;

· Avoiding the costly delays of potential strikes, slowdowns, walkouts, picketing and other disruptions arising from work disputes, and promote labor harmony and peace for the duration of the project;

· Furthering public policy objectives as to improved employment opportunities for minorities, women and the economically disadvantaged in the construction industry;

· Expediting the construction process;

· Stabilizing wages, hours and working conditions for the craft workers on the project; and

· Ensuring a satisfactory, continuous, and harmonious relationship between the parties hereto.

WHEREAS, the signatory Unions desire the stability, security and work opportunities afforded by a Project Labor Agreement; and

WHEREAS, the Parties desire to maximize Project safety conditions for both workers and the public.

NOW, THEREFORE, the Parties enter into this Project Labor Agreement pursuant to N.J.S.A. 52:38-1 et seq.

SECTION 1. PARTIES TO THE AGREEMENT

This is a Project Labor Agreement (“Agreement”) for the Project located in __________, New Jersey. This Agreement is entered into by and between the General Contractor as agent for the Owner and its successors and assigns, and the Contractor(s) to be named (such Contractors joining by Letters of Assent in the form of Schedule B attached), and by the Monmouth & Ocean Building and Construction Trades Council, (“BTC") on behalf of itself and its affiliated local union members, (each a "Local Union", and collectively "Member Unions") and sometimes referred to herein where the context requires as a "Local Union", and together with the Member Unions, the "Unions") for certain construction work to be performed as outlined under Article 3.

ARTICLE 2 – GENERAL CONDITIONS

SECTION 1. DEFINITIONS

Throughout this Agreement, the Monmouth & Ocean Building and Construction Trades Council shall be referred to as "BTC", the BTC's Members Unions is referred to singularly and collectively as the “Union(s),” and where specific reference is made to “Local Unions” that phrase is sometimes used; the term “Contractor(s)” shall include all signatory Contractors, and their subcontractors of whatever tier, engaged in on-site Project construction work within the scope of this Agreement as defined in Article 3;

[contractor], is referenced as the General Contractor. [contractor] has been designated by the Owner, [Owner], to act on its behalf in connection with the Project and this Agreement, and the work covered by this Agreement (as defined in Article 3) for the redevelopment/rehabilitation of “[Owner] Projects” referred to as the “Construction Project.” Owner and Owner’s Representative may be used interchangeably throughout this Agreement.

SECTION 2. CONDITIONS FOR AGREEMENT TO BECOME EFFECTIVE

The Agreement shall not become effective unless executed by all parties designated in Article 1, Section 1 above, and will remain in effect until the completion of the Project. In the event that the Owner opts not to use a Construction Manager, in the Owner’s sole discretion, then the Owner shall designate an Owner’s representative who shall act, under the terms of this Agreement, as a Construction Manager.

SECTION 3. ENTITIES BOUND & ADMINISTRATION OF AGREEMENT

This Agreement shall be binding on the BTC, all signatory Unions and the General Contractor and all signatory Contractors performing on-site Project work, including site preparation and staging areas, as defined in Article 3. The Contractors shall include in any subcontract that they let, for performance during the term of this Agreement, a requirement that their subcontractors, of whatever tier, become signatories and bound by this Agreement with respect to subcontracted work performed within the scope of Article 3, and as per Schedule A "Local Collective Bargaining Agreements" and per Schedule B "Contractors Letters of Assent".

SECTION 4. SUPREMACY CLAUSE

This Agreement, together with the local Collective Bargaining Agreements appended hereto as Schedule A and Contractor(s) Letters of Assent appended hereto as Schedule B, represents the complete understanding of all signatories and supersedes any national agreement, local agreement or other collective bargaining agreement of any type which would otherwise apply to this Project, in whole or in part, except for all work performed under the National Agreement of the International Union of Elevator Constructors, with the exception of Article VII, IX and X of this Agreement. Where a subject covered by the provisions, explicit or implicit, of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall prevail except for all work performed under the NTD Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, 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, and the National Agreement of the International Union of Elevator Constructors, with the exception of Article 7, 9 and 10 of this Agreement, all such work will be governed by the National Agreement. No practice, understanding or agreement between a Contractor and Local Union, which is not explicitly set forth in this Agreement, shall be binding on this Project. It is further understood that no contractor shall be required to sign any other agreement as a condition of performing work on this project. No practice, understanding or agreement between a Contractor and Local Union, which is not explicitly set forth in this Agreement shall apply on this Project.

SECTION 5. LIABILITY

The liability of any Contractor and the liability of any Union under this Agreement shall be several and not joint. The General Contractor and any Contractor shall not be liable for any violations of this Agreement by any other Contractor, and the BTC and Local Unions shall not be liable for any violations of this Agreement by any other Union.

SECTION 6. AWARD OF CONTRACTS AND SUSPENSION OF WORK

The General Contractor shall require in its bid specifications for all work within the scope of Article 3 that all successful bidders, and their subcontractors of whatever tier, become bound by, and signatory to, this Agreement. It is understood that nothing in this Agreement shall be construed as limiting the sole discretions of the General Contractor in determining which Contractors shall be awarded contracts for Project Work. It is further understood that the General Contractor has sole discretion at any time to terminate, delay or suspend the work, in whole or part, on this Project.

SECTION 7. BID SPECIFICATIONS

The General Contractor shall include in all bid specifications for the Project, a notice advising all bidders that the work is subject to this Agreement and that all Contractors and subcontractors will be required to provide the Schedule B "Contractors Letters of Assent" as a condition of any contract award. It is understood that nothing in this Agreement shall be construed as limiting the sole discretion of the General Contractor in the award of contracts for work on the Project; nor shall it limit the rights of the General Contractor and/or Contractors in determining which subcontractor(s) shall be awarded subcontracts for Project work.

SECTION 8. THE CONSTRUCTION PROJECT MANAGER

The General Contractor will also be acting with respect to the Project as the Construction Project Manager (“Project Manager”). All references herein to the Project Manger shall be to the General Contractor and all notices required to be given to the Project Manager under this Agreement shall be given to the General Contractor. In addition to its rights and obligations as Owner, the General Contractor shall have all rights and obligations under this Agreement as Project Manager. Notwithstanding, the General Contractor may engage an outside consulting firm to support and assist the General Contractor with respect to Project Management, which firm shall have all rights and obligations given to the Project Manager under this Agreement. If an outside consulting firm is retained, the General Contractor will immediately notify the Unions.

SECTION 9. AVAILABILITY AND APPLICABILITY TO ALL SUCCESSFUL BIDDERS

A. The General Contractor shall require in its bid specifications for all work within the scope of Article 3 that all successful bidders, and their subcontractors of whatever tier, become bound by, and signatory to, this Agreement. It is understood that nothing in this Agreement shall be construed as limiting the sole discretion of the General Contractor or the Project Manager in determining which Contractors shall be awarded contracts for Project work. It is further understood that the General Contractor has the sole discretion at any time to terminate, delay or suspend the work, in whole or in part, on this Project.

B. The Unions agree that this Agreement will be made available to, and will fully apply to any successful bidder for the Project work who becomes signatory thereto, without regard to whether that successful bidder performs work at other sites on either a union or non-union basis and without regard to whether employees of such successful bidder are, or are not, members of any unions. This Agreement shall not apply to the work of any Contractor which is performed at any location other than the Project site, as defined in Article 3, Section 1.

ARTICLE 3 – SCOPE OF THE AGREEMENT

The Project work covered by this Agreement shall be as defined and limited by the following sections of this Article.

SECTION 1. THE WORK

This Agreement applies to the construction of all on-site work at the Project, as defined in the prime contract therefore to be awarded by General Contractor to the General Contractor. This Scope of Work may be amended from time to time by General Contractor to include work not performed under the original contract bid documents. The Scope of Work is confined to the on-site Project performed work contained in the scope of the General Contractor’s final construction contract. In no event shall this Agreement be construed to apply to any other construction activity engaged in by General Contractor, directly or indirectly or by a vendor or tenant of General Contractor, at or in the vicinity of the Project site.

A summarized Scope of Work is attached herewith as Schedule C.

The Scope of Work may be amended time to time by the General Contractor to include work not included under this description.

SECTION 2. EXCLUDED EMPLOYEES

The following persons are not subject to the provisions of this Agreement, even though performing work on the Project:

A. Superintendents, supervisors (excluding superintendents and general supervisors and forepersons specifically covered by a craft’s Schedule A), engineers, architects, inspectors and testers (excluding divers specifically covered by a craft’s Schedule A), quality control/assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, non-manual employees, and all professional, engineering, administrative and management persons;

B. Employees of General Contractor or any State agency, authority or entity or employees of any municipality or other public employer;

C. Employees of any project manager or consultant engaged by the General Contractor, excepting those who are performing manual, on-site construction labor who will be covered by this Agreement;

D. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery, unless such offsite operations are covered by the New Jersey Prevailing Wage Act by being dedicated exclusively to the performance of the public works contract or building project and are adjacent to the site of work, or involved in deliveries to and from the Project site, excepting local deliveries of all major construction materials including, but not limited to, fill, ready mix, and asphalt which are covered by this Agreement;

E. Employees of the Contractors, excepting those performing manual, on-site construction labor covered by this Agreement;

F. Employees engaged in on-site equipment warranty;

G. Employees engaged in geophysical testing (whether land or water) other than boring for core samples;

H. Employees engaged in laboratory or specialty testing or inspections;

I. Employees engaged in ancillary Project work performed by third parties such as electric utilities, gas utilities, telephone utilities companies, and railroads;

SECTION 3. NON-APPLICATION TO CERTAIN ENTITIES

This Agreement shall not apply to the parents, affiliates, subsidiaries, or other joint or sole ventures of the Owner, the Project Manager, or any Contractors which do not perform work at this Project site. It is agreed, for the purposes of this Agreement only, that this Agreement does not have the effect of creating any joint employment, single employer or alter ego status between the General Contractor, the Project Manager and/or any Contractor. The Agreement shall further not apply to the General Contractor, its Project Management firm, Clerk of the Works, or any other state or county agency, authority, or other municipal or public entity, and nothing contained herein shall be construed to prohibit or restrict the General Contractor or its employees, or the employees of any other state authority, agency or entity from performing on or off-site work related to the Project. As the contracts which comprise the Project work are completed and accepted, the Agreement shall not have further force or effect on such items or areas except where inspections, additions, repairs, modifications, check-out and/or warranty work are assigned in writing (copy to Local Union involved) to the Contractor(s) for performance under the terms of this Agreement and per Schedule B - "Contractors Letters of Assent."

ARTICLE 4 – UNION RECOGNITION AND EMPLOYMENT

SECTION 1. PRE-HIRE RECOGNITION

The Contractors recognize the signatory Unions as the sole and exclusive bargaining representatives of all craft employees who are performing on-site Project work within the scope of this Agreement as defined in Article 3.

SECTION 2. UNION REFERRAL

A. The Contractors agree to hire Project craft employees covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1, 2, and 4 subparagraph B) established in the Local Unions’ area collective bargaining agreements (attached as Schedule A to this Agreement). Notwithstanding this, the Contractors shall have sole rights to determine the competency of all referrals; the number of employees required (except with regard to pile-driving); the selection of employees to be laid-off (subject to the applicable procedures in Schedule A for permanent and/or temporary layoffs and except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48-hour period after such requisition is made by the Contractor (Saturdays, Sundays and holidays excepted), the Contractor may employ qualified applicants from another competent source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of the Project, craft employees hired within its jurisdiction from any source other than referral by the Union.

B. Following the employment of the first employee in each craft under Schedule A or the procedure set forth above in paragraph A, a Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Project work and who meet the following qualifications as determined by a Committee of 3 designated, respectively, by the applicable Local Union, the General Contractor and a mutually selected third-party or, in the absence of agreement, the permanent arbitrator (or designee) designated in Article 7:

1) Possess any license required by New Jersey law for the Project work to be performed;

2) Have worked a total of at least 1,000 hours in the Construction craft during the prior 3 years;

3) Were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award; and

4) Have demonstrated ability to safely perform the basic function of the applicable trade.

No more than 12 per centum of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above (any fraction shall be rounded to the next highest whole number).

Certified MBE/WBE contractor may request from the Workforce Coordinator, through the General Contractor, an exception to, and waiver of, the above per centum limitation upon the number of its employees to be hired through the special provision of Section 2.b above. This exception is based upon hardship and demonstration by the Contractor that the Project work would be the Contractor’s only job and that it would be obliged to lay off qualified minority and female employees in its current workforce moving from the last job. The exception and waiver are also conditioned upon the employees meeting the qualifications as set forth in Section 2.b, above.

SECTION 3. NON-DISCRIMINATION IN REFERRALS

The Unions represent that their hiring halls and referral systems will be operated in a non- discriminatory manner and in full compliance with all applicable federal, state and local laws and regulations, which require equal employment opportunities. Referrals shall not be affected in any way by the rules, regulations, bylaws, constitutional provisions or any other aspects or obligations of union membership, policies or requirements and shall be subject to such other conditions as are established in this Article. No employment applicant shall be discriminated against by any referral system or hiring hall because of the applicant’s union membership, or lack thereof.

SECTION 4. MINORITY AND FEMALE REFERRALS

In the event a Union either fails, or is unable, to refer qualified minority or female applicants in percentages equaling Project affirmative action goals as set forth in the General Contractor’s bid specifications, the Contractor may employ qualified minority or female applicants from any other available source as Apprentice Equivalents. Apprentice Equivalents will have completed a Department of Labor ("DOL") approved training program, applied to take a construction Apprenticeship test, and will be paid at not less than the applicable equivalent Apprentice rate. With the approval of the Local Administrative Committee (LAC), experience in construction related areas may be accepted as meeting the above requirements.

SECTION 5. CROSS AND QUALIFIED REFERRALS

The Unions shall not knowingly refer to a Contractor an employee then employed by another Contractor working under this Agreement. The Local Unions will exert their utmost efforts to recruit sufficient numbers of skilled and qualified craft employees to fulfill the requirements of the Contractor.

SECTION 6. UNION DUES/WORKING ASSESMENTS

Nothing in this Agreement requires employees to join a union or pay dues or fees to a union as a condition of working on the Project. This Agreement is not, however, intended to supersede independent requirements in applicable local union agreements as to contractors that are otherwise signatory to those agreements and as to employees of such employers performing covered work.

SECTION 7. CRAFT FOREPERSONS AND GENERAL FOREPERSONS

The selection of craft forepersons and/or general forepersons and the number of forepersons required shall be solely the responsibility of the Contractor except where otherwise provided by specific provisions of an applicable Schedule A collective bargaining agreement. All forepersons shall take orders exclusively from the designated Contractor representatives. Craft forepersons shall be designated as working forepersons at the request of the Contractor, except when an existing local Collective Bargaining Agreement prohibits a foreperson from working when the crafts-persons he is leading exceed a specified number.

ARTICLE 5 – UNION REPRESENTATIONS

SECTION 1. LOCAL UNION REPRESENTATIVE

Each Local Union representing on-site Project employees shall be entitled to designate in writing (with copies to the Contractors involved and the General Contractor and Project Management Firm) one representative, and the Business Manager, who shall be afforded access to the Project. Such representatives shall fully comply with the visitor, safety and security of the Project.

SECTION 2. STEWARDS

A) Each Local Union shall have the right to designate a working journey person as a Steward and an alternate, and shall notify the Contractor and PM of the identity of the designated Steward (and alternate) prior to the assumption of such duties. Stewards shall not exercise supervisory functions and will receive the regular rate of pay for the craft classifications. There will be no non-working Stewards on the Project.

B) In addition to their work as an employee, the Steward shall have the right to receive complaints or grievances and to discuss and assist in their adjustment with the Contractor’s appropriate supervisor. Each Steward shall be concerned with the employees of the Steward’s Contractor and, if applicable, subcontractors of that Contractor, but not with the employees of any other Contractor. The Contractor will not discriminate against the Steward in the proper performance of Union duties.

C) The Stewards shall not have the right to determine when overtime shall be worked, or who shall work overtime, except pursuant to a Schedule A provision providing procedures for the equitable distribution of overtime.

SECTION 3. LAYOFF OF A STEWARD

Contractors agree to notify the appropriate Union 24 hours prior to the layoff of a Steward, except in cases of discipline or discharge for just cause. If a Steward is protected against layoff by a Schedule A, such provisions shall be recognized to the extent the Steward possesses the necessary qualifications to perform the work required. In any case in which a Steward is discharged or disciplined for just cause, the Local Union involved shall be notified immediately by the Contractor.

ARTICLE 6 – MANAGEMENT’S RIGHTS

SECTION 1. RESERVATION OF RIGHTS

Except as expressly limited by a specific provision of this Agreement, Contractors retain full and exclusive authority for the management of their Project operations including, but not limited to: the right to direct the work force, including determination as to the number to be hired and the qualifications therefore; the promotion, transfer, layoff of its employees; or the discipline or discharge for just cause of its employees; the assignment and schedule of work; the promulgation of reasonable Project work rules; and, the requirement, timing and number of employees to be utilized for overtime work. No rules, customs, or practices, which limit or restrict productivity or efficiency of the individual, as determined by the Contractors and/or joint working efforts with other employees shall be permitted or observed.

SECTION 2. MATERIALS, METHODS & EQUIPMENT

There shall be no limitations or restriction upon the Contractors choice of materials, techniques, methods, technology or design, or, regardless of source or location, upon the use and installation of equipment, machinery, package units, pre-cast, pre-fabricated, pre-finished, or pre-assembled materials, tool, or other labor-saving devices. Contractors may, without restriction, install or use materials, supplies or equipment regardless of their source. The on-site installation or application of such items shall be performed by the craft having jurisdiction over such work; provided, however, it is recognized that other personnel having special qualifications may participate, in a supervisory capacity, in the installation, check-out or testing of specialized or unusual equipment or facilities as designated by the Contractor. Notwithstanding the foregoing statement of contractor rights, prefabrication issues relating to work traditionally performed at the job site shall be governed pursuant to the terms of the applicable Schedule A. There shall be no restrictions as to work, which is performed off-site for the Projects, except for work done in a fabrication center, tool yard, or batch plant dedicated exclusively to the performance of work on the Project, and located adjacent to the “site of work.”

ARTICLE 7 – WORK STOPPAGES AND LOCKOUTS

SECTION 1. NO STRIKES-NO LOCKOUT

There shall not be strikes, sympathy strikes, picketing, work stoppages, slowdowns, hand billing, demonstrations or other disruptive activity at the Project for any reason by any Union or employee against any Contractor, PM or Owner while performing work at the Project. There shall be no other Union, or concerted or employee activity which disrupts or interferes with the operation of the existing free flow of traffic in the Project area. Failure of any Union or employee to cross any picket line established by any union, signatory or non-signatory to this Agreement, or the picket or demonstration line of any other organization, at or in proximity to the Project site is a violation of this Article. There shall be no lockout at the Project by any signatory Contractor, Owner, or PM. Contractors, Owner, and PM, and Unions shall take all steps necessary to ensure compliance with this Section 1 and to ensure uninterrupted construction and the free flow of traffic in the project area for the duration of this Agreement.

SECTION 2. DISCHARGE FOR VIOLATION

A Contractor may discharge any employee violating Section 1, above, and any such employee will not be eligible thereafter for referral under this Agreement for a period of 100 days.

SECTION 3. NOTIFICATION

If a Contractor, Owner, or PM contends that any Union has violated this Article, it will notify the appropriate district or area council of the Local Union involved advising of such fact, with copies of the notification to the Local Unions and BTC. The district or area council, and the BTC shall each instruct, order and otherwise use their best efforts to cause the employees, and/or Local Unions to immediately cease and desist from any violation of this Article. A district or area council, or the BTC complying with these obligations shall not be liable for the unauthorized acts of a Local Union or its members.

SECTION 4. EXPEDITED ARBITRATION

Any Contractor or Union alleging a violation of Section 1 of this Article may utilize the expedited procedure set forth below (in lieu of, or in addition to, any actions at law or equity) that may be brought.

A. A party invoking this procedure shall notify Melissa Biren, Jr., Esq., The Arbitration Centre, 8 Fox Hunt Road, Box 604, New Vernon, NJ 07976, phone 973-359-8100, fax 973-359-8161 who shall serve as Arbitrator under this expedited arbitration procedure. Copies of such notification will be simultaneously sent to the alleged violator and, if a Local Union is alleged to be in violation, its International, the General Contractor, the PM, the BTC, and the Contractor involved.

B. The Arbitrator shall thereupon, after notice as to the time and place to the Contractor, the Local Union involved, the BTC, and the PM, hold a hearing within 48 hours of receipt of the notice invoking the procedure if it is contended that the violation still exists. The hearing will not, however, be scheduled for less than 24 hours after the notice to the General Contractor or area council required by Section 3 above.

C. All notices pursuant to this Article may be by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the arbitrator, Contractor or Union involved. The hearing may be held on any day including Saturdays or Sundays. The hearing shall be completed in one session, which shall not exceed 8 hours duration (no more than 4 hours being allowed to either side to present their case, and conduct their cross examination) unless otherwise agreed. A failure of any Union or Contractor to attend the hearing shall not delay the hearing of evidence by those present or the issuance of an award by the Arbitrator.

D. The sole issue at the hearing shall be whether a violation of Section 1, above, occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease and Desist Award restraining such violation and serve copies on the Contractor and Union involved. The Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages, which issue is reserved solely for court proceedings, if any. The Award shall be issued in writing within 3 hours after the close of the hearing, and may be issued without an Opinion. If any involved party desires an Opinion, one shall be issued within 15 calendar days, but its issuance shall not delay compliance with, or enforcement of, the Award.

E. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of the Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator’s Award as issued under this expedited procedure, the involved Union and Contractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party’s right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.

F. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.

G. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.

SECTION 5. ARBITRATION OF DISCHARGES FOR VIOLATION

Procedures contained in Article 9 shall not be applicable to any alleged violation of this Article, with the single exception that an employee discharged for violation of Section1, above, may have recourse to the procedures of Article 9 to determine only if the employee did, in fact, violate the provisions of Section 1 of this Article; but not for the purpose of modifying the discipline imposed where a violation is found to have occurred.

ARTICLE 8. – LOCAL ADMINISTRATIVE COMMITTEE (LAC)

SECTION 1. THE LOCAL ADMINISTRATIVE COMMITTEE

The Local Administrative Committee (LAC) will meet on a regular basis to:

A. Implement and oversee this Agreement’s procedures and initiatives;

B. Monitor the effectiveness of this Agreement; and

C. Identify opportunities to improve efficiency and work execution.

SECTION 2. COMPOSITION

The LAC will be co-chaired by the President of the BTC or his designee, and a designated official of the General Contractor. It will be comprised of representatives of the local union's signatory to this Agreement and representatives of the General Contractor's Project Management firm and other contractors on the Project.

ARTICLE 9. – GRIEVANCE AND ARBITRATION PROCEDURE

SECTION 1. PROCEDURE FOR RESOLUTION OF GRIEVANCES

Any question, dispute or claim arising out of, or involving the interpretation or application of this Agreement (other than jurisdictional disputes or alleged violations of Article 7, Section 1) shall be considered a grievance and shall be resolved pursuant to the exclusive procedure of the steps described below; provided, in all cases, that the question, dispute or claim arose during the term of this Agreement.

Step 1:

A. When any employee covered by this Agreement feels aggrieved by a claimed violation of this Agreement, the employee shall, through the Local Union business representative or job steward give notice of the claimed violation to the work site representative of the involved Contractor. To be timely, such notice of the grievance must be given within 7 calendar days after the act, occurrence, or event giving rise to the grievance, or after the act, occurrence or event became known or should have become known to the Union. The business representative of the Local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within seven (7) calendar days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party, may, within seven

(7) calendar days thereafter, pursue Step 2 of the grievance procedure by serving the involved Contractor with written copies of the grievance setting forth a description of the claimed violation, the date on which the grievance occurred, the provisions of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 are non-precedential except as to the specific Local Union, employee, and Contractor directly involved, unless the settlement is accepted in writing, by the Contractor, as creating a precedent; and

B. Should any signatory to this Agreement have a dispute (excepting jurisdictional disputes or alleged violations of Article 7, Section 1) with any other signatory to this Agreement and, if after conferring, a settlement is not reached within 7 calendar days, the dispute shall be reduced to writing and proceed to Step 2 in the same manner as outlined in sub-paragraph (a) for the adjustment of grievances on behalf of employees.

Step 2:

The Business Manager or designee of the involved Local Union, together with representatives of the BTC and the involved Contractor, shall meet in Step 2 within 5 calendar days of the written grievance to arrive at a satisfactory settlement.

Step 3:

A. If the grievance shall have been submitted but not resolved in Step 2, any of the participating Step 2 entities may, within fourteen (14) calendar days after the initial Step 2 meeting, submit the grievance in writing (with copies to other participants) to the next available arbitrator of the panel of Arbitrators consisting of Arbitrator Melissa Biren, Gary Kendellen, and Louis Verrone, who shall act as the Arbitrator under this procedure. The Labor Arbitration Rules of the American Arbitration Association shall govern the conduct of the arbitration hearing, at which all Step 2 participants shall be parties. The decision of the Arbitrator shall be final and binding on the involved Contractor, Local Union and employees. The fees and expenses of such arbitration shall be borne equally by the involved Contractor and Local Union.

B. Failure of the grieving party to adhere to the time limits set forth in this Article shall render the grievance null and void. These time limits may be extended only by written consent of the PM, involved Contractor and involved Local Union at the particular step where the extension is agreed upon. The Arbitrator shall have authority to make decisions only on the issues presented to him and shall not have the authority to change, add to, delete or modify any provision of this Agreement.

SECTION 2. LIMITATION AS TO RETROACTIVITY

No arbitration decision or award may provide retroactivity of any kind exceeding thirty

(30) calendar days prior to the date of service of the written grievance on the Project Manager, the General Contractor and the involved Contractor or Local Union.

SECTION 3. PARTICIPATION BY PROJECT MANAGER

The Project Manager shall be notified by the involved Contractor of all actions at Steps 2 and 3 and, at its election, may participate in full in all proceedings at these Steps, including Step 3 arbitration.

ARTICLE 10 – JURISDICTIONAL DISPUTES

SECTION 1. NO DISTRUPTIONS

There will be no strikes, sympathy strikes, work stoppages, slowdowns, picketing or other disruptive activity of any kind arising out of any jurisdictional dispute. Pending the resolution of the dispute, the work shall continue uninterrupted and as assigned by the Contractor. No jurisdictional dispute shall excuse a violation of Article 7.

SECTION 2. ASSIGNMENT

A. There shall be a mandatory pre-job markup/assignment meeting prior to the commencement of any work. Attending such meeting shall be designated representatives of the Union signatories to this Agreement, the PM, and the involved Contractors. Best efforts will be made to schedule the pre-job meeting in a timely manner after Notice to Proceed is issued but not later than 30 days prior to the start of the Project.

B. All project construction work assignments shall be made by the Contractor according to the criteria set forth in Section 3, Subsection D 1-3.

C. When a Contractor has made an assignment of work, he shall continue the assignment without alternation unless otherwise directed by an arbitrator or there is an agreement between the National or International Unions involved. Claims of a change of assignment shall be processed in accordance with Article 1 of the Procedural Rules of the Plan for the Settlement of Jurisdictional disputes in the Construction Industry (“the Plan”).

D. In the event that a Union involved in the change of original assignment dispute is an affiliate of a National or International Union that is not affiliated with the Building and Construction Trades Department and does not wish to process a case through the Plan, the parties shall mutually select one of the following Arbitrators: Arbitrator Melissa Biren, Arbitrator Gary Kendellen, or Arbitrator Louis Verrone, and submit the dispute directly to the Arbitrator. The selected Arbitrator shall determine whether the case requires a hearing or may be decided upon written submission. In rendering his determination on whether there has been a change of original assignment, the Arbitrator shall be governed by the following:

1) The Contractor who has the responsibility for the performance and installation shall make a specific assignment of the work which is included in his contract to a particular union(s). For instance, if Contractor A subcontracts certain work to Contractor B, the Contractor B shall have the responsibility for making the specific assignments for the work included in his contract. If Contractor B, in turn shall subcontract certain work to Contractor C, then Contractor C shall have the responsibility for making the specific assignment for the work included in his contract. After work has been so assigned, each assignment will be maintained even though the assigning Contractor is replaced and such work is subcontracted to another Contractor. It is a violation of the Agreement for the Contractor to hold up disputed work or shut down a project because of a jurisdictional dispute.

2) When a Contractor has made an assignment of work, he shall continue the assignment without alteration unless otherwise directed by an Arbitrator or there is an agreement between the National or International Unions involved.

a. Unloading and/or handling of materials to stockpile or storage by a trade for the convenience of the responsible Contractor when his employees are not on the job site, or in an emergency situation, shall not be considered to be an original assignment to the trade.

b. Starting of work by a trade without a specific assignment by an authorized representative of the responsible Contractor shall not be considered an original assignment of that trade, provided that the responsible Contractor, or his authorized representative, promptly, and in any event, within eight (8) working hours following the start of the work, takes positive steps to stop further unauthorized performance of the work by that trade.

SECTION 3. PROCEDURE FOR SETTLEMENT OF DISPUTES

A. Any Union having a jurisdictional dispute with respect to Project work assigned to another Union will submit through its International the dispute in writing to the

Administrator of the Plan within 72 hours and send a copy of the letter to the other Union involved, the Contractor involved, the General Contractor, the BTC, and the district or area councils of the unions involved. Upon receipt of a dispute letter from any union, the Administrator will invoke the procedures set forth in the Plan to resolve the jurisdictional dispute. The jurisdictional dispute letter shall contain the information described in Article IV of the Procedural Rules of Plan.

B. Within five (5) calendar days of receipt of the dispute letter, there shall be meeting of the General Contractor, the Contractor involved, the Local Unions involved and designees of the BTC and the district or area councils of the Local Unions involved for the purpose of resolving the jurisdictional dispute.

C. In order to expedite the resolution of jurisdictional disputes, the parties have agreed in advance to mutually select one of the following designated Arbitrators: Arbitrator Melissa Biren, Arbitrator Andy Douglas or Arbitrator Richard K. Henft to hear all unsolved jurisdictional disputes arising under this Agreement. All other rules and procedures of the Plan shall be followed. If none of the three Arbitrators is not available to hear the dispute within the time limits of the Plan, the Plan’s arbitrator selection process shall be utilized to select another arbitrator.

D. In the event that a Union involved in the dispute is an affiliate of a National or International Union that is not affiliated with the National Building and Construction Trades Council and does not wish to process cases through the Plan as described in paragraphs A-C above, the parties to the dispute shall mutually select one of the following Arbitrators: Arbitrator Melissa Biren, Arbitrator Gary Kendellen, or Arbitrator Louis Verrone to hear the dispute and shall submit the dispute directly to the selected arbitrator. The time limits for submission and processing disputes shall be the same as provided elsewhere in this Section. The selected Arbitrator shall schedule the hearing within seven (7) business days from the date of submission. If he cannot hear the case within the required timeframe, one of the other Arbitrators will be selected to hear the case unless all parties to the dispute agree to waive the seven (7) day time limit. In rendering his decision, the Arbitrator shall determine:

1) First, whether a previous agreement of record or applicable agreement, including a disclaimer agreement, between the National and International Unions to the dispute governs;

2) Only if the Arbitrator finds that the dispute is not covered by an appropriate or applicable agreement of record or agreement between the crafts to the dispute, shall the Arbitrator consider the established trade practice in the industry and prevailing practice in the locality where there is a previous decision of record governing the case. The Arbitrator shall give equal weight to such decision of record, unless the prevailing practice in the locality in the past ten (10) years favors one craft. In that case, the Arbitrator shall base his decision on the prevailing practice in the locality. Except, that if the Arbitrator finds that a craft has improperly obtained the prevailing practice in the locality through raiding, the undercutting of wages or by the use of vertical agreements, the Arbitrator shall rely on the decision of record and establish trade practice in the industry rather than the prevailing practice in the locality.

3) Only if none of the criteria is found to exist, the Arbitrator shall then consider that because of efficiency, cost or continuity and good management are essential to the wellbeing of the industry, the interest of the consumer or the past practices of the employer shall not be ignored. The Arbitrator shall set forth the basis of his decision and shall explain his findings regarding the applicability of the above criteria. If lower-ranked criteria are relied upon, the Arbitrator shall explain why a higher- ranked criteria were not deemed applicable. The Arbitrator’s decision shall apply to the job in dispute.

Each party to the arbitration shall bear its own expense for the arbitration and agrees that the fees and expenses of the Arbitrator shall be borne by the losing party or parties as determined by the Arbitrator.

E. The Arbitrator shall render a short-form decision within five (5) days of the hearing based upon the evidence submitted at the hearing, with a written decision to follow within thirty (30) days of the close of hearing.

F. This Jurisdictional Dispute Resolution Procedure will only apply to work performed by Local Unions that represent workers employed on the Project.

G. Any Local Union involved in a jurisdictional dispute on this Project shall continue working in accordance with Section 2 above and without disruption of any kind.

SECTION 4. AWARD

Any award rendered pursuant to this Article and the Plan shall be final and binding on the disputing Local Unions and the involved Contractor on this Project only and may be enforced in accordance with the provisions of Article VII of the Plan. Any award rendered pursuant to the alternate procedures of this Article shall be final and binding on the disputing Local Unions and the involved Contractor on this Project only, and may be enforced in any court of competent jurisdiction. Such award or resolution shall not establish a precedent on any other construction work not covered by this Agreement. In all disputes under this Article, the General Contractor and the involved Contractors shall be considered parties in interest.

SECTION 5. LIMITATIONS

The Arbitrator shall have no authority to assign work to a double crew, that is, to more employees than the minimum required by the Contractor to perform the work involved; nor to assign work to employees who are not qualified to perform the work involved; nor to assign work being performed by non-union employees to union employees. This does not prohibit the establishment, with the agreement of the involved Contractor, of composite crews where more than 1 employee is needed for the job. The aforesaid determinations shall decide only to whom the disputed work belongs.

SECTION 6. NO INTERFERENCE WITH WORK

A. There shall be no interference or interruption of any kind with the work of the Project while any jurisdictional dispute is being resolved. The work shall proceed as assigned by the Contractor until finally resolved under the applicable procedure of this Article. The award shall be confirmed in writing to the involved parties. There shall be no strike, work stoppage or interruption in protest any such award. Any Claims of a violation of this section shall be submitted and processed in accordance with the impediment to job progress provisions of the Plan.

B. In the event a Union alleged to have engaged in an impediment to job progress is an affiliate of a National or International Union that is not affiliated with the Building and Construction Trades Department and does not wish to have the impediment to job progress charge processed through the Plan, the parties to the dispute shall mutually select one of the three Arbitrators designated in this Article to hear the dispute. The selected Arbitrator shall schedule the hearing within two (2) business days from the date of submission. If he cannot hear the case within the required timeframe, one of the other Arbitrators shall be selected by the parties to hear the case unless all parties to the dispute agree to waive the two (2) day time limit. The sole issue at the hearing shall be whether or not a violation of this Section has in fact occurred, and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. The Arbitrator’s decision shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the decision. The Arbitrator may order cessation of the violation of this Section and other appropriate relief, and such decision shall be served on all parties by facsimile upon issuance. Each party to the arbitration shall bear its own expense for the arbitration and agrees that the fees and expenses of the Arbitrator shall be borne by the losing party or parties as determined by the Arbitrator.

ARTICLE 11 – WAGES AND BENEFITS

SECTION 1. CLASSIFICATION AND BASE HOURLY…