PLA COT 2022.pdf

PROJECT LABOR AGREEMENT

By and Between

(Developer, General Contractor and/or Project Management Firm)

And

NORTHWESTERN OHIO BUILDING AND CONSTRUCTION TRADES

COUNCIL AND ITS AFFILIATES

Union

Covering

CITY OF TOLEDO

Owner

(Project Name)

This Agreement is entered into this __ day of ________, 20__ by and between, _______________________________ Developer, General Contractor and/or Project Management Firm (collectively referred to herein as “Contractor”), acting on its behalf and on behalf of all “Contractors” as herein defined, and the Northwestern Ohio Building & Construction Trades Council (“NWOBCTC”), acting on its own behalf and on behalf of all affiliates and members whose names are subscribed hereto, and who have, through their duly authorized officers, executed this Agreement, (“Union”) with respect to the construction of the City of Toledo’s project located in County, Ohio (“Project”).

The term “Contractor” shall include the Developer and all construction contractors and subcontractors of whatever tier engaged in construction work within the scope of this Agreement. The term “applicable local collective bargaining agreement” means the labor agreement of an affiliated local union to the NWOBTC that covers the work being performed on the Project within its work jurisdiction/scope of work.

The Unions and all signatory Contractors agree to abide by the terms and conditions contained in this Agreement.

ARTICLE I

INTENT AND PURPOSE

1.1 Reflecting the objectives of the Owner, the Parties’ specific intent and purpose is to provide for the efficient, safe, quality and timely completion of the construction of the Project, in a manner designed to afford lower reasonable costs to the Owner and its residents and to foster responsible contracting on public construction projects.

1.2 The Contractor(s) and the Unions agree that the timely construction of this

Project will require substantial numbers of employees from construction and supporting crafts possessing skills and qualifications that are vital to its completion. The Parties to this Agreement will work together cooperatively to furnish skilled, efficient, craft men and women who, whenever possible, reside in the local area. The intent and understanding of the Parties is to maximize the employment opportunities of skilled craftspeople living within the local area.

1.3 The purpose of this Agreement is to establish conditions for the prompt and efficient completion of construction work on the Project and to secure optimum productivity by providing close cooperation between the Owner, Contractors and the Unions. The Parties recognize the need for the timely completion of the Project without interruption or delay. This Agreement is intended to enhance this cooperative effort through the establishment of a framework for labor-management cooperation and stability.

1.4 A primary incentive for entering into this Agreement is elimination of the risk of delays and disruption caused by labor disputes and unrest. This Agreement creates effective and binding methods for the settlement of all disputes or grievances, which may arise on the Project, and there shall be no strikes, work stoppages or lockouts.

1.5 The Parties to this Agreement express their mutual and sincere commitment to the families and quality of life within Northwest Ohio by;

(a) helping to ensure that the 17,000-plus building tradesmen and their families benefit from the construction of the region’s public and civic infrastructure; (b) supporting the investment made in training local building trades men and women to ensure the highest quality construction;

and (c) protecting the area standards for wages and benefits realized through the process of collective bargaining by imposing union scale for all work covered by this Agreement.

1.6 The Parties recognize the advantages of this project-specific Agreement, which, in part, includes standard work rules and prohibitions against strikes, lockouts, slowdowns, and other work stoppages during the course of construction. The parties recognize the need to minimize the impact of construction industry challenges such as the short-term nature of employment, which makes post-hire collective bargaining difficult, and to address the contractor's need for predictable costs and a steady supply of skilled labor.

ARTICLE II

SCOPE OF AGREEMENT

2.1 This Project Agreement shall apply to all work recognized and accepted within historical definitions of construction work under the direction of and performed by the Contractor(s), of whatever tier who have contracts awarded for such work on the Project. Such work shall include site work and dedicated off-site work.

2.2 The scope of work includes all work assigned by the Owner to the

Contractor(s). To the extent any work covered by a Contractor’s construction contract for the Project entails work beyond the historical definition of “construction work,” including but not limited to off-site fabrication, assembly, insulation, skids, modules, manufacture and related preparatory work, all Contractors agree to pay their employees not less than the wage and fringe benefit rates set forth in the applicable local collective bargaining agreement. Any such work to be subcontracted shall only be subcontracted to contractors who pay their employees for such work at wage and fringe benefit rates not less than those set forth in the applicable local collective bargaining agreement.

2.3 All work within the scope of this Project Agreement shall be performed only by contractors and subcontractors that are signatory to this Project Agreement. The Contractor shall require all Contractors of whatever tier, as a condition of being awarded contracts for work covered by this Agreement, to accept, execute and be bound by the terms and conditions of this Project Agreement prior to commencing work on the Project, including holding pre-job conferences in accordance with Article X herein. The Contractor is responsible for ensuring that its subcontractors through a Letter of Assent become signatories to this Agreement and abide by its terms. If the Developer, General Contractor, Project Manager, or contractor of whatever tier, permits any contractor or subcontractor to commence work prior to providing proof that it is signatory to this Project Agreement, the Developer, General Contractor, Project Manager, and/or contractor shall be required to pay a fine of $5,000.00, which shall be paid to the Fallen Trades Memorial, Inc., an Ohio 501(c)(3) non-profit corporation. Such fine shall be paid within two weeks of notice of such violation.

2.4 The terms and conditions of the applicable local collective bargaining agreements covering the craftwork being performed shall govern the terms and conditions of employment of employees on the Project, with the exception of any union security provisions, and other than as explicitly set forth herein

2.5 It is further agreed that, where there is a conflict, the terms and conditions of this Project Agreement shall supersede and override terms and conditions of any and all other national, area, or local collective bargaining agreements, except for all work performed under the NTL 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 IV (No Strikes and No Lockouts); Article VI (Settlement of Grievances and Disputes); and Article VII (Jurisdictional Disputes) of this Project Agreement, which shall apply to such work.

2.6 The liability of any Contractor and the liability of any Union under this Agreement shall be several and not joint, with the exception of violations of Art. II, Sec. 2.3 and Art. X, Sec. 10.4. The Owner is not a party to this Agreement and shall not be liable in any manner under this Agreement. It is understood that nothing in this Agreement shall be construed as limiting the Owner’s sole discretion to control the job-site labor relations and determining which Contractors shall be awarded contracts for the Project.

It is further understood that the Owner has sole discretion at any time to terminate, delay or suspend, in whole or part, the work on this Project.

2.7 The Unions agree that this Agreement will apply to any successful bidder for the Project who becomes signatory hereto, without regard to whether the bidder performs work at other sites on a union or non-union basis and without regard to whether employees of such bidder are, or are not, members of any union. This Agreement shall not apply to the work of any Contractors that is performed at any location other than the Project site as defined herein.

ARTICLE III

UNION RECOGNITION

3.1 The Contractor(s) recognize the Union(s) as the sole and exclusive bargaining representatives of all craft employees within their respective jurisdictions working on the Project within the scope of this Agreement.

3.2 Upon being presented with a voluntary written authorization form by an employee covered by this Agreement, the Contractor will deduct from the wages of such employee and remit to the Union all initiation fees, dues, and representation fees in accordance with the signed authorization. In the case of unaffiliated employees who voluntarily execute dues checkoff authorization cards provided in a local agreement, the dues payment shall be considered a voluntary working assessment fee.

3.3 Contractors shall provide Unions with access to, and meetings with, any worker referred or assigned to the Project that is not a member of the appropriate Union prior the commencement of their employment on the project or within fourteen (14) days of such employee’s first date of reporting for work at the Project location. The Unions shall be permitted access at the Project location and are permitted to present benefits of union membership including, but not limited to, retirement, healthcare, and training benefits. The Unions may conduct such employee meeting without the presence of any Contractor representative. The Unions shall coordinate such meetings with the Contractors during work hours and ensure minimal disruption to work schedules.

ARTICLE IV

REFERRAL OF EMPLOYEES

4.1 Contractors agree to recognize and be bound by the hiring hall and job referral systems maintained by the Unions.

Contractors shall notify the applicable Union of its need to hire craft employees for the Project through the respective hiring hall and job referral system and shall adhere to the procedures set forth in the applicable Local

Union’s collective bargaining agreement. All referrals shall have the minimum qualifications set forth in 4.4 herein. The Contractors shall have the sole rights to determine the number of employees required for the Project; the competency of referrals, subject to minimum qualifications set forth in section 4.4 below; the selection of employees for lay-off, subject to the applicable procedures set forth in the respective collective bargaining agreement; and the right to reject any applicant referred by a Local Union, subject to the show-up payments required in the applicable collective bargaining agreement.

4.2 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.

4.3 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 craft employees hired within its jurisdiction for work on the Project from any source other than referral by the Union.

4.4 A Contractor may request by name referral of persons who have applied to the respective Local Union for the Project and who meet the following qualifications:

a. Possess a license required by State of Ohio and Local laws for work to be performed on the Project;

b. Worked in the applicable construction craft a minimum of at least 1000 hours per year for each of the three years prior to the contract award;

c. Has been on the respective Contractor’s active payroll for at least 60 of the 180 calendar days prior to the contract award; and

d. Has the demonstrated ability and qualifications to safely and independently perform the basic functions of the applicable trade.

4.5 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.

4.6 An employee or applicant required to satisfactorily demonstrate his/her ability to perform certain tasks through an examination or test shall be paid by the Contractor or Subcontractor of any tier for that time required to take the exam or test, provided the employee or applicant successfully passes the exam or test.

4.7 The union security provisions contained in the applicable local agreements shall not apply to the employees covered by this Agreement as for the period during which they are performing on-site Project work.

ARTICLE V

INCLUSION

5.1 The Parties intend for the Project to bring great opportunities for contractors as well as the local workforce. A principal stated goal of the Owner is to ensure that, to the extent legally permissible, contractors and subcontractors include Minority Business Enterprises and Women’s Business Enterprises, which are qualified to perform work on the construction of the Project. The Owner’s goal is to achieve a percentage, which it reasonably arrived at and is included in its diversity plan, for MBE/WBE involvement for the construction of the Project, regardless of union affiliation. All minority participation is subject to inclusion in Owner’s periodic reports to certain regulatory and legislative bodies.

5.2 The Parties agree to a goal of 15% Minority workforce who are qualified to perform work on the construction of the Project in order to meet the Owner’s stated inclusion goals and objectives.

5.3 The Parties agree to use their best efforts (including without limitation accommodation on fringe bonding and other financial hurdles) and cooperate in order to meet or exceed the above stated goals. The Union shall also provide the Owner, upon its request, with any data, statistics and/or information that the Union possesses, relating to the stated hiring goals.

ARTICLE VI

INCLUSION ADVOCACY

6.1 The Parties will mutually agree upon a system to monitor and enforce the inclusion commitments in this Agreement.

ARTICLE VII

NO STRIKES AND NO LOCKOUTS

7.1 The Union and its agents, representatives and employees shall not allow, incite, encourage, condone or participate in any strike, walkout, slowdown, picketing, or other work stoppage of any nature whatsoever for any cause whatsoever, whether jurisdictional or otherwise, or observe any picket of any nature during the term of this Agreement. Any such action by the Union or its agents, representatives and employees shall constitute a violation of this Agreement.

7.2 All employees shall continue to work and to perform all their obligations on the Project despite the expiration of any local collective bargaining agreement.

ARTICLE VIII

WAGES AND FRINGE BENEFITS

8.1 Wages and fringe benefits to be paid for all work within the scope of this

Agreement shall be the rates set forth in the applicable local collective bargaining agreement. The Contractor shall pay employees the prevailing wage rate and fringe benefits as set forth in R.C. Chapter 4115 for all work performed on the Project that is not covered by an applicable local collective bargaining agreement. No fringe benefit obligation, as required by O.R.C § 4115 (E), may be made in the form of a cash payment to a worker employed on the Project. No premium pay (i.e. subsistence pay, travel pay, hazard pay, high pay, mask pay, etc.) other than overtime and shift differential is recognized under this Agreement.

8.2 The Contractors agree to pay contributions on behalf of all employees covered by this Agreement to the established employee benefit funds in the amounts designated in the appropriate local collective bargaining agreement. Bona fide jointly trusted fringe benefit plans established or negotiated through collective bargaining during the life of this Agreement may be added.

8.3 The Contractor agrees to be bound by the written terms of the legally established Trust Agreements specifying the detailed basis on which payments are to be paid into, and benefits paid out of, such Trust Funds but only with regard to work done on this Project and only for those employees to whom this Agreement requires such benefit payments.

8.4 Should any Contractor or sub-contractor become delinquent in the payment of contributions to the fringe benefit funds, or upon notice of the delinquency claim from the Union or the Funds, the subcontractor at the next higher tier agrees to withhold from the delinquent subcontractor such disputed amount from the next advance, or installment payment for work performed and the amount claimed and owed will be paid within thirty (30) days after receipt of the notice by the General Contractor if not paid prior to said date by the delinquent contractor/subcontractor. If any such contractor fails to withhold such funds or to pay the amount claimed due after receipt of notice of delinquency of a contractor or subcontractor within the time period set forth in this provision, Contractors agree that the Union or the Funds may provide notice to the Owner of such delinquency and authorizes that the Owner shall withhold such sums from the monthly progress payment(s) to the Contractor and pay such sums directly to the appropriate fringe benefit fund(s).

8.5 Any future wage or fringe benefit increases negotiated and established by an applicable local collective bargaining agreement shall be paid retroactively to the expiration of the preceding local agreement.

ARTICLE IX

SETTLEMENT OF GRIEVANCES AND DISPUTES

9.1 This Agreement is intended to provide close cooperation between contractors and labor. Each of the Unions will assign a representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.

9.2 The Contractors, NWOBTC, Unions and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the Project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.

9.3 Any question or dispute arising out of and during the term of this Project

Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:

Step 1. (a) When any employee subject to the provisions of this

Agreement feels he or she is aggrieved by a violation of this Agreement, he or she, through his or her local union business representative or job steward, shall, within five (5) working days after the occurrence of the violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the job steward and the work-site representative of the involved Contractor and the Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing (copying the Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.

(b) Should NWOBTC, a Local Union, or the Project

Contractor or any Sub-Contractor have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2.

Step 2. The NWOBTC Executive Secretary, or designee, or the Local Union Business Manager, or designee, and/or the involved Contractor(s) shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.

Step 3. (a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by the involved parties. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the involved Parties.

(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.

9.4 The Developer, General Contractor, Project Manager, and/or Owner shall be notified of all actions at Steps 2 and 3 and if not already an involved party, shall upon request, be permitted to participate in all proceedings at these steps.

ARTICLE X

JURISDICTIONAL DISPUTES

10.1 The assignment of work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

10.2 All jurisdictional disputes on this Project, between or among Building and

Construction Trades Unions and Contractors, parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and

Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractors and Unions parties to this Agreement.

10.3 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Contractor’s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.

10.4 The Developer, General Contractor, Project Manager, or contractor of whatever tier shall require each Contractor or subcontractor to conduct a pre-job conference with the Northwest Ohio Building and Construction Trades Council, prior to commencing work. If the Developer, General Contractor or Construction Manager permits any Contractor to commence work prior to securing proof that it conducted the pre-job conference required herein, the Developer, General Contractor, Project Manager, and/or contractor shall be required to pay a fine of $5,000.00, which shall be paid to the Fallen Trades Memorial, Inc., an Ohio 501(c)(3) non-profit corporation. Such fine shall be paid within two weeks of notice of such violation.

ARTICLE XI

SAFETY

11.1 The Contractors and employees shall comply with all applicable federal and state laws, ordinances and regulations relating to safety and health. All employees shall comply with the reasonable safety regulations as established by the Contractor.

ARTICLE XII

UNION REPRESENTATION

12.1 The designated representative(s) of each local union signatory to this

Agreement shall be permitted to enter the Project site upon notification to the Contractor. Such designated union representative(s) will be permitted on the Project site without an escort. The privilege to move unescorted on the Project site is extended to the designated union representative(s) upon the understanding that such representative(s) will not disrupt the efficient operation of the Project and that the privilege will not be abused.

12.2 The Unions shall have the right to designate a working journeyman as a steward. Such designated steward shall be a qualified workman performing the work of that craft and shall not exercise any supervisory functions. There shall be no non-working stewards and stewards shall be provided sufficient time during regular working hours, without loss of pay, to enforce the terms and conditions of this Agreement.

12.3 Visitors, including Union representatives and agents, shall not interfere with the work of the employees. In addition, they shall fully comply with the visitor safety and security rules established for the Project.

ARTICLE XIII

HELMETS TO HARDHATS

13.1 The Contractor 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 Contractor 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 parties.

13.2 The Unions and Contractor 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.

ARTICLE XIV

SAVINGS AND SEVERABILITY

14.1 In the event that the application of any provision of this Agreement is enjoined, on either an interlocutory or permanent basis, or otherwise found in violation of law, the provision involved shall be rendered, temporarily or permanently, null and void but the remainder of the Agreement shall remain in full force and effect. In such event, the Agreement shall remain in effect for contracts already bid and awarded or in construction where the Contractor voluntarily accepts the Agreement. The parties to this Agreement will enter into negotiations for a substitute provision in conformity with the law and the intent of the parties for contracts to be let in the future.

14.2 In the event that the Developer, General Contractor and/or Project

Manager’s bid specifications, or other action, requiring that a successful bidder become signatory to this Agreement is enjoined, on either an interlocutory or permanent basis, or otherwise found in violation of law, such requirement shall be rendered, temporarily or permanently, null and void but the Agreement shall remain in full force and effect to the extent allowed by law. In such event, the Agreement shall remain in effect for contracts already bid and awarded or in contracts where the Contractor voluntarily accepts the Agreement. The parties will enter into negotiations as to modifications to the Agreement to reflect the court action taken and the intent of the parties for contracts to be let in the future.

14.3 In the event of an occurrence referenced in this Article, neither the Owner, the Developer, General Contractor, Project Manager or any contractor, subcontractor, or any signatory Union shall be liable, directly or indirectly, for any action taken, or not taken, to comply with any court order, injunction or determination. Project bid specifications will be issued in conformance with court orders in effect and no retroactive payments or other action will be required if the original court determination is ultimately reversed.

ARTICLE XV

TERM OF AGREEMENT

15.1 This Agreement shall become effective on the ____ day of ________, 20__, and shall remain in full force and effect as to each part or phase of construction work until all parts and phases have been accepted by the Owner.

ARTICLE XVI

SIGNATURES,

CONSENT TO DO BUSINESS ELECTRONICALLY

16.1 The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten “wet” signatures for the purposes of validity and admissibility. This Agreement may be signed in one or more counterparts, each of which shall be deemed a duplicate original, binding on the parties hereto notwithstanding that the parties are not signatory to the original or the same counterpart.

INTENTIONALLY LEFT BLANK

IN WITNESS WHEREOF, the parties hereto execute this Agreement, which shall be deemed effective as of the date stated in Article XV.

ON BEHALF OF: The Developer, General Contractor and/or Project Manager

Signature Date:

Company

Print Name and Title

ON BEHALF OF:

Northwestern Ohio Building and Construction Trades Council

International Brotherhood of Boilermakers Local 85

International Brotherhood of Electrical Workers Local 8

International Brotherhood of Teamsters Local 20

International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local 55

International Association of Heat & Frost Insulators and Allied Workers Local 45

International Union of Bricklayers and Allied Craftworkers Local Union No. 3

International Union of Bricklayers and Allied Craftworkers Local Union No. 46

International Union of Elevator Constructors Local 44

International Union of Operating Engineers Local 18

International Union Painters and Allied Trades DC-6, Locals 7, 639, and 948

Laborers’ International Union of North America Local 500

Operative Plasters’ and Cement Masons’ International Association Local 886

Sheet Metal, Air, Rail and Transportation Workers Local 33

United Association, Plumbers, Steamfitters, Sprinklerfitters & Service Mechanics Local 50 and 669

United Union of Roofers, Waterproofers and Allied Workers Local 134

COVERING CONSTRUCTION OF THE

CITY OF TOLEDO

PROJECT (“Project”)

LETTER OF ASSENT

Re: Project Labor Agreement By and Between Northwestern Ohio Building Trades Council, AFL-CIO and (“Contractor”) entered into on the day of , 20__.

The undersigned, as a Contractor(s) or Subcontractor(s) on a Contract which is part of construction for the above referenced Project in County, Ohio, for and in consideration of the award of a Contract to perform work on said Project, and in further consideration of the mutual promises made in the Project Labor Agreement, a copy of which was received and is acknowledged, hereby agrees:

(1) On behalf of itself and all its employees, to accept and to be bound by the terms and conditions of the Project Labor Agreement, together with any and all amendments and supplements now existing or which are later made thereto, and understands that any act of non-compliance with all such terms and conditions will subject a non-complying Contractor or employee(s) to being prohibited from the Project Site until full compliance is obtained;

(2) Contractor shall secure from any contractor(s), as defined in said

Project Labor Agreement, which is or becomes a subcontractor(s) of any tier, a duly executed Letter of Assent in form identical to this document, prior to commencement of any work;

(3) Any Contractor or subcontractor, of whatever tier, shall, in accordance with the Project Labor Agreement, conduct a pre-job conference with the Northwestern Ohio Building and Construction Trades Council, prior to commencing work on the Project;

(4) That if the Contractor commences work, or permits any contractor or subcontractor to commence work, prior to securing a Letter of Assent from a subcontractor, of whatever tier, or prior to conducting a pre-job conference in accordance with the Project Labor Agreement, that, in addition to being prohibited from the Project Site until full compliance is obtained, shall be subject to any fines provided for in the Project Labor Agreement;

(5) On behalf of itself, its employees, and all contractors or subcontractors of whatever tier, that it has no commitments or agreements that would preclude its full compliance with the terms and conditions of said Project Labor Agreement;

Company Name

By:

Title:

Date:

cc: NWOBTC and affiliated Local Unions