PLA_-_LAWA,_2020.pdf

LOS ANGELES DEPARTMENT OF

AIRPORTS CONSTRUCTION

PROJECT LABOR AGREEMENT

2020 AMENDMENT

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2020 AMENDMENT TO THE

LOS ANGELES DEPARTMENT OF AIRPORTS CONSTRUCTION

PROJECT LABOR AGREEMENT

Parsons Constructors Inc. (“Parsons”) and the Los Angeles/Orange Counties Building and

Constructions Trades Council (“Council”) on behalf of itself and on behalf of the Unions signing this Agreement, hereby agree to amend their Project Labor Agreement (“PLA”) as follows:

1. Page 2 of the Table of Contents (which lists the Attachment and Addenda) is hereby deleted in its entirety and replaced with the following:

Attachment 1

Letter of Assent (Revised)

Addendum No. 1 (Revised per Item 18 of this 2020

Amendment) May 1, 2000 Letter of Clarification

Addendum No. 2 (Superseded by Item 8 of this 2020 Amendment)

Morgan, Lewis & Bockius April 16, 2001 letter

(Permanent Arbitrators)

Addendum No. 3 (Superseded by Item 8 of this 2020 Amendment)

Memorandum of Understanding

(List of Available Arbitrators)

Addendum No. 4

Parsons’ December 14, 1999 letter

(Redi-mix material delivery)

Addendum No. 5

Parsons’ December 9, 1999 letter

(Elevator Union Clarification)

Addendum No. 6

December 3, 2010 PLA Amendment

(Extension of Agreement/Duration)

Addendum No. 7

December 2010 Clarification

(Hiring Obligations)

Addendum No. 8

Craft Employee Request Form

Addendum No. 9

Resolution No. 24316

(Additional Projects)

Addendum No. 10

Drug and Alcohol Testing Policy

2. Article II Section 4(b) is hereby deleted in its entirety and replaced with the following:

Any dispute as to the applicable source between this Agreement and any Schedule

A for determining the wages, hours and working conditions of employees on the

Project shall be resolved by one of the Arbitrators, selected by the negotiating parties, under the procedures established in Article VII. It is understood that this

Agreement, together with the referenced Schedule As constitute a self-contained, stand-alone agreement and by the virtue of having become bound to this Project

Labor Agreement the Contractor will not be obligated to sign any other local, area or national Agreement as a condition of performing work within the scope of this

Agreement.

3. Article III Section 6 is hereby deleted in its entirety and replaced with the following:

The local unions will exert their utmost 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 obligated. The parties to this Agreement support the development of increased numbers of skilled construction workers from the residents of the area of the Project to meet the needs of the Project and the requirements of the industry generally. Toward that end, the unions agree to first refer, to the extent permitted by law and the hiring hall procedures, Impact Area Residents or Local

Residents as journeymen and apprentices for employment on the Project. The qualifying zip codes for both Impact Area Residents and Local Residents are listed in Addendum No. 8 – Craft Employee Request Form. Local Residents are defined as those employees living within the zip codes of the City of Los Angeles, Culver City, Hawthorne and the West Los Angeles Veterans Affairs Campus

(90073) that are not otherwise included in the Impact Area zip codes. In addition, the parties agree to recruit Impact Area Residents and Local Residents and facilitate entrance into such apprenticeship and training programs as may be operated by the signatory local unions. All parties agree to fully cooperate in local hiring and training programs such as the HireLAX Apprenticeship Readiness

Program.

4. Article III Section 8 is hereby deleted in its entirety.

5. Article III Section 9 is hereby deleted in its entirety and replaced with the following:

Employees are not required to become or remain union members as a condition of performing work on a Project under this Agreement. Contractors 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 Schedule A.

Nothing in this Section 9 is intended to supersede the requirements of the applicable Schedule A(s) as to those Contractors otherwise signatory to such

Schedule A(s) and as to the employees of those Contractors who are performing work on a Project.

6. The last full paragraph of Article III Section 10 is hereby deleted in its entirety and replaced with the following:

For each covered Project, the Union will refer to such Contractor one employee from the hiring hall out-of-work list for each affected trade or craft, and will then refer one of such Contractor’s “core” employees and shall repeat the process as follows: one from the hiring hall and one “core” employee, until such contractor’s requirements are met or until such contractor has hired five (5) such “core” employees for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list. In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of core employees in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the Contractor under this

7. The following new Section 13 (c) is hereby added to Article III as follows:

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 the responsibility of each qualified Veteran 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.

8. Article VII Section 2 (iii), Addendum No. 2 and Addendum No.3 are hereby deleted in their entirety and replaced with the following new Article VII Section 2 (iii), as follows:

Step 3(a). If the grievance shall have been submitted but not resolved under Step

2, either party may request in writing to the Agreement Coordinator (with copy(ies) to the other party(ies)) within seven (7) calendar days after the initial

Step 2 meeting, that the grievance be submitted to an arbitrator mutually agreed upon by the parties to the grievance, selected from the following permanent panel of six (6) arbitrators, pre-selected by the negotiating parties to this Agreement, as follows: (1) Thomas Pagan; (2) David Hart; (3) Edna Francis; (4) Michael Prihar;

(5) Fred Horowitz; and (6) Sara Adler. Should the parties to the grievance be unable to agree upon the selection of one of the six listed arbitrators, within ten

(10) working days of the arbitration request, the Agreement Coordinator shall select one of the seven listed arbitrators on a rotational basis. The decision of the arbitrator shall be final and binding on all parties and the fee and expenses of such arbitrations shall be borne equally by the involved Contractor and the involved

Union(s).

9. The following new subsection (a) is added to Article VIII section 2 as follows:

If a dispute arising under this Article involves the Southwest Regional Council of

Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of

John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the

Arbitrator’s hearing on the dispute shall be held at the offices of the Council within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

10. Article IX Section 1 is deleted in its entirety and replaced with the following:

All employees covered by this Agreement shall be classified in accordance with work performed and paid the hourly wage rates for those classifications in compliance with the applicable prevailing federal or state rate determination. If the prevailing wage laws are repealed during the term of this Agreement, the

Contractor shall pay the wage rates established under the Schedule As, except as otherwise provided in this Agreement. Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the Schedule A

Agreements are required to pay all of the wages set forth in those Schedule A

Agreements without reference to the forgoing.

11. The first paragraph of Article IX Section 2 is deleted in its entirety and replaced with the following:

Contractor is to pay contributions to the established employee benefits funds in the amounts designated in the appropriate Schedule A and to make all employee-authorized deductions on behalf of all employees in the amounts designated in the appropriate Schedule A; provided, however, that the Contractor and the Union agree that only such bona fide employee benefits as accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, training funds, etc.) shall be included in this requirement and required to be paid by the Contractor on this Project; and provided that such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. Bona fide jointly-trusteed benefit plans 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, subject to the limitations upon such negotiated changes contained in Article XVII, Section 2 of this Agreement, and provided that contributions do not exceed contribution amounts set forth in the applicable prevailing wage determination. Notwithstanding any other provision in this

Agreement, Contractors directly signatory to one or more of the Schedule A

Agreements are required to pay all contributions set forth in those Schedule A

Agreements without reference to the forgoing.

12. Sections 2, 3, 4, 5, 6, 7, 9 and 11 of Article X are hereby deleted in their entirety.

13. Article XI Section 1 is hereby deleted in its entirety and replaced with the following:

The parties recognize the need to maintain continuing support of programs designed to develop adequate numbers of competent workers in the construction industry, and the special need and obligation to capitalize on the availability of the local workforce in the Los Angeles area entering the construction industry. To these ends, the Contractor will employ apprentices in their respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured. Further, the parties will recruit and encourage Impact Area Residents, Local Residents, minorities and women to commence and progress in apprenticeship programs in the construction industry.

14. Article XI Section 3 is hereby deleted in its entirety and replaced with the following:

It is recognized that special procedures may be established by joint agreement of the parties to this Agreement and governmental agencies for the training and employment of persons who have not previously qualified to be employed on construction Projects of the type covered by this Agreement. The parties agree that they will make all good faith efforts to assist in the proper implementation of such orders, regulations or agreements for the general benefit of the Impact Area

Residents and Local Residents, including the utilization of the HireLAX

Apprenticeship Readiness Program.

15. Article XII Section 1(c) is hereby deleted in its entirety and replaced with the following:

The Parties to this Agreement adopt the Los Angeles/Orange Counties Building and Construction Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is hereby attached to the PLA as Addendum 10 and which shall be the policy and procedure utilized under this Agreement.

16. Article XIII Section 1 is deleted in its entirety and replaced with the following:

The Contractor and Union agree that they will not discriminate against any employee or applicant for employment because of race, sex, religion, creed, political affiliation, membership in a labor organization, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition, marital status, ancestry, or sexual orientation in any manner prohibited by law or regulation, in hiring and dispatching workers for the Project. The Union shall cooperate with the

Contractors’ obligations to take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to such status. Relevant employment actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Any complaints regarding the application of this provision shall be brought to the immediate attention of the involved contractor for consideration and resolution.

17. Article XIV is hereby deleted in its entirety.

18. It is understood by the Parties to the Agreement that the City no longer owns or operates

Ontario Airport. All references to airport-related facilities owned and controlled by the

City is limited to Los Angeles International Airport (LAX), Van Nuys Airport (VNY), and Palmdale Aviation-related Property. Consequently, it will not be required for the San

Bernardino and Riverside County Building and Construction Trades Council to remain signatory to this Agreement.

Therefore, Item 2, Section 1(b) of Addendum 1 is hereby deleted in its entirety and replaced with the following:

(b) Such other major construction, rehabilitation, and renovation Projects involving airport-related facilities at Los Angeles International Airport (LAX), Van Nuys Airport

(VNY), and Palmdale Aviation-related Property, as are designated by the City to be covered by this Agreement.

19. The following new Section 1(c) is hereby added to Addendum No. 6, the December 3, 2010 PLA Amendment which further amends Section 1 of Article XIX, as follows:

Section 1(c) The signatory parties mutually agree this 3rd day of September, 2020, to extend the existing Agreement effective January 1, 2021 for an additional ten

(10) years, through December 31, 2030, for Project work meeting conditions established in Article II, Section 1 (a) or (b) with a bid advertisement date or request for proposal advertisement date on or after January 1, 2021. The amended

Agreement shall continue in effect until December 31, 2030, and thereafter with regard to any work covered by this Agreement commenced prior to that date but not executed to Final Completion prior to that date. The Agreement may be extended by mutual agreement of the City and the Unions, not to exceed ten (10) additional years, with twelve (12) month notice to the other party.

20. The three (3) paragraphs under item (1) of Addendum No. 7 is hereby deleted in its entirety and replaced with the following:

It is understood that all Contractors awarded contracts or sub-contracts for a covered Project are legally obligated (pursuant to their commercial contracts relating to such covered work on a Project), to maximize the employment of qualified Impact Area Residents and Local Residents, with the goal that at least

30% of the total hours worked by covered employees on each Project shall be performed by Impact Area Residents or Local Residents. The qualifying zip codes for Impact Area Residents and Local Residents are listed in Addendum No. 8 –

Craft Employee Request Form. Contractors shall develop a hiring plan for maximizing the employment of Impact Area Residents and Local Residents and maintain records of their compliance efforts. Those plans and records shall be made available to the Agreement Coordinator upon request. The Contractors and the signatory unions will make every good faith effort to request for referral and to refer, respectively, qualified individuals meeting the Impact Area Resident and

Local Resident hiring residency qualifications.

In recognition of these obligations, the signatory unions, as the prime referral source, as well as the apprenticeship programs in which the signatory unions participate, shall cooperate and work with the contractors, LAWA, the City of Los

Angeles, and the organizations designated by LAWA, to assist in the identification and training of Impact Area Residents and Local Residents for work and the referral of such persons to work opportunities arising under this

The contractors and referral systems of the signatory unions will maintain records with regard to all requests for referral, referrals, and employment of both Impact

Area Residents and Local Residents. Such records shall be available upon request to the Agreement Coordinator.

21. The Parties agree that Addendum 9 is obsolete.

SIGNATURE PAGES

2020 AMENDMENT OF THE LOS ANGELES WORLD AIRPORTS

PROJECT LABOR AGREEMENT

This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all which together shall constitute one and the same instrument. Electronic signatures collected using a bona fide electronic signature collection system are to be deemed equivalent to original “wet ink” signatures under this Amendment.

For the Agreement Coordinator: For the Unions:

By: ______________________________ By: ________________________________

President, Parsons Constructors Inc. President, North America’s Building

Trades Union

By: _________________________________

President, State Building and Construction

Trades Council of California

By: _________________________________

Executive Secretary, Los Angeles and

Orange County Building and Construction

Trades Council

Signatory Unions (signatures continue on the next pages)

DocuSign Envelope ID: A5447855-2AB2-4989-B8A7-6CEAB2C4A8A2DocuSign Envelope ID: D788DB3A-49D4-4620-962A-0E61D92D6FA6

2020 LAWA Amendment

LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS

Asbestos Heat & Frost Insulators (Local 5) _________________________

Boilermakers (Local 92) _________________________

Bricklayers & Allied Craftworkers (Local 4) _________________________

Cement Masons (Local 600) _________________________

District Council of Laborers _________________________

Electricians (Local 11) _________________________

Elevator Constructors (Local 18) _________________________

Gunite Workers (Local 345) _________________________

Iron Workers (Reinforced – Local 416) _________________________

Iron Workers (Structural – Local 433) _________________________

Laborers (Local 300) _________________________

Laborers (Local 1184) _________________________

Operating Engineers (Local 12) _________________________

Operating Engineers (Local 12) _________________________

Operating Engineers (Local 12) _________________________

Painters & Allied Trades DC 36 _________________________

Pipe Trades (Local 250) _________________________

Pipe Trades (Local 345) _________________________

Pipe Trades (Plumbers Local 78) _________________________

Pipe Trades (Plumbers & Fitters Local 761) _________________________

Pipe Trades (Sprinkler Fitters Local 709) _________________________

Plasterers (Local 200) _________________________

Plaster Tenders (Local 1414) _________________________

Roofers & Waterproofers (Local 36) _________________________

Sheet Metal Workers (Local 105) _________________________

Teamsters (Local 986) _________________________

Southwest Regional Council of Carpenters _________________________

DocuSign Envelope ID: A1D88F59-2CAE-43BE-A631-36CB34559AFFDocuSign Envelope ID: D788DB3A-49D4-4620-962A-0E61D92D6FA6

TABLE OF CONTENTS

AR TIC LE I PURPOSE

ARTICLE II SCOPE OF AGREEMENT

ARTICLE III UNION RECOGNITION AND EMPLOYMENT

ARTICLE IV UNION REPRESENTATION AND STEW ARDS

ARTICLE V MANAGEMENT'S RIGHTS

ARTICLE VI WORK STOPPAGES AND LOCKOUTS

ARTICLE VII DISPUTES AND GRIEVANCES ...................................................... I 4

ARTICLE vrn WORK ASSIGNMENTS AND JURISDICTIONAL

DISPUTES

ARTICLE IX WAGES AND BENEFITS ................................................................. l 7

ARTICLE X HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAY

ARTICLE XI APPRENTICES

ARTICLE XII SECURITY, SAFETY, PROTECTION OF PERSON

AND PROPERTY

ARTICLE XIII NON-DISCRIMINATION

ARTICLE XIV TRAVEL AND SUBSISTENCE

ARTICLE XV WORKING CONDITIONS

ARTICLE XVI PRE-JOB CONFERENCES

ARTICLE XVII LABOR/MANAGEMENT COOPERATION

ARTICLE XVIII SAVINGS AND SEPARABILITY

ARTICLE XIX DURATION OF THE AGREEMENT

A TI ACHMENT l LETfER OF ASSENT

ADDENDUM 1 LETIER OF CLARIFICATION

ADDENDUM 2 PERMANENT ARBITRATORS

ADDENDUM 3 READIMIX CONCRETE, SAND/ORA VEL, AGGREGATE

DELIVERY

ADDENDUM 4 ELEV ATOR UNION CLARIFICATION

LOS ANGELES INTERN A TI ON AL AIRPORT

CONSTRUCTION

PROJECT LABOR AGREEMENT

This Project Labor Agreement (hereinafter, the ''Agreement") is entered into this 19th day of November, 1999, by and between Parsons Constructors, Inc., its successors or assigns (hereinafter "PCI" or "Agreement Coordinator") and The Building and Construction Trades Department, AFL-CIO (hereinafter "BCTD'1), on behalf of its affiliated International Unions, The Building and Construction Trades Council of California (hereinafter "California Council''), The Building and Construction Trades Council of Los Angeles-Orange County (hereinafter "Los Angeles Council"), and the signatory Craft Unions affiliated with The Building & Construction Trades Department AFL-CIO (all hereinafter, collectively called the "Union" or "Unions''), with respect to the construction work within the scope of this Agreement owned by The City of Los Angeles, Department of Airports, acting through the Board of Airport Commissioners (hereinafter, "City, .. "Department," or "Commission," as appropriate) for the renovation and improvement of the Los Angeles International Airport's ("LAX") Tom Bradley International Terminal (hereinafter, "TBIT''), and such other major construction projects and related construction work as the City determines is appropriate for coverage and which is commenced prior to December 31, 20 I 0, collectively referred to herein as the "Project."

It is understood by the parties to th.is Agreement that if this Agreement is acceptable to the Commission, it will become the policy of the Commission that the construction work covered by this Agreement shall be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement. Therefore, the Unions agree that other contractors may execute the Agreement for purposes of covering such work.

PCI shall administer th.is Agreement and shall monitor the compliance with it by all contractors, who, together with their subcontractors, through their execution of this Agreement, the Letter of Assent, or other document binding them to this Agreement, shall become bound hereto. It is understood, however, that the current contractual arrangement between the City and PCI is of limited duration, not for the length of the Project, and that should a new Contract not be awarded to PCI, a new Agreement Coordinator will be designated by the City and such Agreement Coordinator will execute this Agreement and accept and undertake the obligations, responsibilities and authority of PCT for the implementation of this Agreement.

The term "Contractor" shall include all construction contractors and subcontractors of whatever tier engaged in on-site construction work within the scope of this Agreement, including the Agreement Coordinator, if awarded construction work within the scope of this Agreement. Where specific reference to PCI (or its successor) alone is intended, the term "PCI" or "Agreement Coordinator" is used.

The Unions, the Agreement Coordinator and all signatory contractors agree to abide by the terms and conditions contained in this Agreement. This Agreement represents complete understanding of the parties, and no Contractor is or will be required to sign any other agreement with a signatory union as a condition of performing work within the scope of this Agreement. No practice, understanding or agreement between a Contractor and a Union party which is not specifically set forth in this Agreement will be binding on any other party unless endorsed in writing by the Agreement Coordinator

The Unions agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Project work who becomes a signatory hereto, without regard to whether that successful bidder performs work at other sites on either a union or a non.union basis, and without regard to whether employees of such bidder are or are not members of any union. Th.is Agreement shall not apply to the work of any contractor which is perfonned at any location other than the project site as defined in this Agreement.

The use of the masculine or feminine gender or titles in this Agreement shall be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction.

ARTICLE I

PURPOSE

The initial phase of the Project, the renovation and improvement ofTBIT, is a multi-year, over $100 million dollar undertaking of the City. The goal of this Project is to provide added space to LAX's existing Tom Bradley International Terminal Facility, which provides more than 8.7 million international travelers with transportation services in and out of the Los Angeles area.

The THIT construction will rehabilitate, renovate, and improve the existing terminal facility by "infilling" the central area to the west of the main terminal building. The Project includes improvement of airline and public lounge areas. baggage claim areas and devices, and administrative offices. The design changes to TBIT will provide approximately 285,000 net usable square feet of floor space, distributed over seven floor levels. Also included in the renovations is approximately 195,000 net square feet of the existing central tenninal area.

Finally, the TBIT Project is the first of many major construction projects expected to be approved and built at the Airport during the next decade. These projects are critical to the continued value of the Airport for the domestic and international transportation of passengers and cargo without delay, and for the overall economic well-being of the greater Los Angeles and Southern California. Therefore, the timely and successful completion of the construction work covered by this Agreement is vital and it is essential that the construction be done in an efficient and economical manner in order to secure the optimum productivity and eliminate delay. The parties recognize that such work will talce place in the middle of the continuing operation of the Airport and that it is critical to minimize the inconvenience to the 62 million people who use the facilities annually. The parties acknowledge the vital economic role which the efficient and functioning of the Airport holds for the economy of California. They will endeavor to avoid interference with the ongoing operations of the Airport, completing the work within the scope of this Agreement with9ut delay or unnecessary cost.

In recognition of these special needs of this Project and to maintain a spirit of harmony, labor management peace and stability during the term of this Project Labor Agreement. the parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes or grievances which may arise; and in recognition of such methods and procedures, the Unions agree not to engage in any strikes, slow downs or interruption of work and the Contractor agrees not to engage in any lock out.

ARTICLE II

SCOPE OF AGREEMENT

This Agreement, hereinafter designated as the "Project Labor Agreement" or "Agreement" shaU apply and is limited to all construction as generally described in Section I ofthis Article performed by those contractor(s) of whatever tier which have contracts awarded for such work, which may include the Agreement Coordinator, on or after the effective date of this Agreement, with regard to the construction, reconstruction, rehabilitation, or any other construction-related activities neeessary to the development of Tom Bradley International T enninal and related facilities and such other major construction projects within the scope ofthis Agreement, all of which are hereinafter referred to as the "Project" and generally defined below.

Section 1. The Project is generally defined as and limited to:

(a) The renovation, rehabilitation and improvement of the Tom Bradley International Terminal Facility, in an approximately 285,000 square foot infill area of that terminal, and which will include the renovation of airline and public lounge areas, baggage claim facilities, and the Federal Inspection Service and Department administrative offices;

and

(b) Such other major construction, rehabilitation, and renovation projects involving Airport-related facilities as are designated by the City to be covered by this Agreement.

It is understood by the parties that the City may at any time and at its sole discretion determine to build segments of the Project under this Agreement not currently proposed, or to modify or not to build any one or more of the particular �egments proposed to be covered.

Section l. Items specifically excluded from the scope of this Agreement include the following:

(a) Work of non-manual employees, including but not limited to, superintendents, supervisors, staff engineers, quality control and quality assurance personnel, timekeepers, mail carriers, clerks, office workers, including 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 City, Department, or Commission.

(c) AH off-site manufacture and handling of materials, equipment or machinery; provided, however, that lay-down or storage areas dedicated solely to Project work, delivery of material or goods between locations on the site, and all on-site transportation involving any batch plant erected on the site, are within the scope of this Agreement.

(d) All employees of the City, Department, Commission, Agreement Coordinator, and design team, or any other consultant of the City not perfonning manual labor with the scope of this Agreement.

(e) Any work performed on or near or leading to or into the site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their contractors; or by public utilities or their contractors; and/or by the City or its contractors (for work which is not part of the scope of this Agreement).

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

(g) Work by employees of a manufacturer or vendor necessary to maintain such manufacturer's or vendor ts warranty or guarantee.

(h) Non-construction support services contracted by the City, Agreement Coordinator, or Contractor in connection with this Project.

(i) Any work performed by tenants of the City or their contractors.

G) All work by employees of the City or its contractors involving general maintenance, emergency repair, and/or cleaning work, except as specifically covered by this Agreement.

(k) Installation of speciality items which may be purchased by the City may be performed by employees employed under this Agreement with the participation of other personnel in a supervisory role, or, in limited circumstances requiring special knowledge of the particular item(s), or where required to protect a guarantee or warranty, may be performed by employees of the vendor or other companies where employees working under this Agreement Jack the required necessary skills or cannot protect a guarantee or warranty offered by the vendor. These speciality items may include but are not limited to baggage handling and security systems.

O) The City's controlled environmental and ha2Jll'dous materials management program and integrated security system, unless such is included in new construction contracts let as part of projects covered by this Agreement.

Section 3(a). The City, the PCI, and/or Contractors, as appropriate, have the absolute right to award contracts or subcontracts on this Project notwithstanding the existence or non existence of any Agreements between such contractor and any union party provided only that such Contractor is willing, ready and able to execute and comply with this Project Labor 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 of work covered by this Agreement on or after the effective date of this Agreement shall be required to accept and to be bound by the terms and conditions of this Project Labor Agreement, and shall evidence their acceptance by the execution of the Agreement or the Letter of Assent, as set forth in Attachment l hereto, prior to the commencement of work. A copy of the Agreement or Letter of Assent executed by the Contractor shall be available for review by the Union.

Section 4(a). The provisions of this Project Labor Agreement (including the Schedule As, which are the local Collective Bargaining Agreements of the signatory unions having jurisdiction over the work on the Project (as may be changed from time-to-time consistent with Article XIX, Section 2) 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 Agreements which may conflict with or differ from the tenns of this Agreement. Where a subject covered by the provisions of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall prevail. Where subject is covered by the provisions of a Schedule A and is not covered by this Agreement, the provisions of the Schedule A shall prevail.

(b) Any dispute as to the applicable source between this Agreement and any Schedule A for determining the wages, hours and working conditions of employees on the Project shall be resolved by Howard S. Block, selected by the negotiating parties, under the procedures established in Article VII. It is understood that this Agreement. together with the referenced Schedule As constitute a self-contained, stand-alone agreement and by the virtue of having become bound to this Project Labor Agreement the Contractor will not be obligated to sign any other local, area or national Agreement as a condition of performing work within the scope of this Agreement.

Section 5. The 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.

Section 6. This Agreement shall be limited to the construction work within the scope of this Agreement for which bids have been received on and after the effective date of this Agreement, including, specifically, site preparation and related demolition work, and utilities and modifications or rehabilitation of existing facilities. Nothing contained herein shall be construed to prohibit, restrict, or interfere with the perfonnance of any other operation, work or function which may be performed or contracted by the City for its own account on the property or in and around the construction site.

Section 7. It is understood that the liability of the Contractor 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 City or the PCI and/or any Contractor.

Section 8. None of the provisions of this Agreement shall be construed to prohibit or restrict the City or its employees from performing work not covered by this Agreement on or around the construction site. As areas of covered work are accepted by the City, the Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the City to engage in repairs, modifications, check-out and/or warrwity functions required by its contract(s) with the City.

Section 9. It is understood that the City, at its sole option, may terminate, delay and/or suspend any and all portions of the covered work at any time. Further, the City may prohibit some or all work on certain days, for example, peak travel days in holiday periods, to accommodate LAX operational considerations; and/or require such other operational or scheduled changes as it may deem necessary to maintain efficient operations for the traveling public. In order to permit the Contractor and Union to make appropriate scheduling plans, the City will provide the Agreement Coordinator, the Contractor, and the Union with sufficient reasonable notice of any changes it is requiring pursuant to this Clause.

Section 10. The parties recognize that by virtue of the operation of the Airport, the City, its Contractors, and their employees are subject to regulations and directives issued by the Federal Aviation Administration and other federal and state agencies. Nothing in this Agreement is intended to compromise compliance by the City or any entity covered by this Agreement, with their obligations to the state and federal agencies and authorities with jurisdiction over their operations or those of the Airport. In the event a directive is received which conflicts with any provision of the Agreement, the directive shall take priority and the Agreement Coordinator and affected contractors and unions will be notified by the most expeditious means available.

ARTICLE III

UNION RECOGNITION AND EMPLOYMENT

Section 1. The Contractor recognizes the Union as the sole and exclusive bargaining representative of all employees working on the Project within the scope of this Agreement.

Section 2. The Contractor shall have the right to detennine the competency of all employees, the nwnber of employees required and shall have the sole responsibility for selecting employees to be laid off, consistent with Section 1 J and with Article IV, Section 3, below. The Contractor shall also have the right to reject any applicant referred by a local Union, subject to any show-up payment required by Article X, Section 8(a}.

Section 3. For signatory unions now having ajob referral system contained in Schedule A, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Such job referral system will be operated in a non-discriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination, and referrals shall not be affected in any way by the rules, regulations, by-laws, constitutional provisions or any other aspects or obligations of union membership, policies or requirements.

All of the foregoing hiring procedures, including related practices affecting apprenticeship and training, will be operated so as to facilitate the ability of the contractors to meet any and all equal employment opportunity/affinnative action obligations.

Section 4. In the event that local unions are unable to fill any requisitions for employees within forty-eight (48} hours after such requisition is made by the Contractor (Saturdays, Sundays, and holidays excepted), the Contractor may employ applicants from any other available source. The Contractor shall inform the Union of any applicants hired from other sources.

Section 5. The local unions shall not knowingly refer an employee currently employed by any Contractor working under this Agreement to any other Contractor. No Contractor shall knowingly hire an employee employed by a Contractor working under this Agreement, nor shall they induce an employee to change employers.

Section 6. The local unions will exert their utmost 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 obligated. The parties to this Agreement support the development of increased numbers of skilled construction workers from the residents of the area of the Project to meet the needs of this Project and the requirements of the industry generally. Toward that end, the unions agree to encourage the referral and utilization, to the extent permitted by Jaw and the hiring hall procedures, of qualified residents as journeymen, apprentices and trainees on this Project and entrance into such apprenticeship and training programs as may be operated by the signatory local unions. All parties agree to fully cooperate in local hiring and training programs such as the "Workforce Development System."

Section 7. In the event that a signatory local Wlion does not have a job referral system as set forth in Section 3 above, the Contractor shall give the union equal opportunity to refer applicants, subject to the provision of Section 4 of this Article and in a non-discriminatory manner consistent with Section 3 ofthis Article. The Contractor shall notify the Union of employees hired from any source other than referral by the Union.

Section 8. Notwithstanding any other provision, in the event any Union either fails or is unable to refer qualified minority or female applicants in numbers equaling the City's or a Contractor's expected levels of participation, the Contractor may use employment sources other than the Union registration and referral systems if such use is necessary to meet affinnative action or equal employment opportunity obligations applicable to the City or Contractor by virtue of any federal, state, or local law, rule, ordinance, regulation or executive order, or judicial decision or decree.

Section 9. No employee covered by this Agreement shall be required to join any union as a condition of being employed, or remaining employed, on the Project� provided, however, that an employee who is a member of the referring union at the time of referral shall maintain that membership in good standing while employed under the Agreement. All employees shall, however, be required to comply with the union security provisions of the applicable Schedule A for the period during which they are perfonning on-site Project work to the extent, as required by law, of rendering payment of the applicable monthly working dues and all non initiation or application fees uniformly required for union membership in the local union which is signatory to this Agreement.

Section 10. The parties recognize the City's commitment to provide opportunities to participate on the Project to minority, women, disadvantaged and other business enterprises as well as other enterprises which may not have previously had a relationship with the unions signatory to this Agreement. To ensure that such enterprises will have an opportunity to employ their experienced ''core" employees on this Project, the parties agree that in those situations where a Contractor not a party to the current collective bargaining agreement with the signatory union having jurisdiction over the affected work is a successful bidder, that Contractor may request by name, and the local will honor, referral of persons who have applied to the local union for Project work and who meet the following qualifications:

(1) possess any license required by state or federal law for the Project work to be performed;

(2) have worked a total of at least 3,000 hours in the construction craft during the prior three (3) years.

(3) were on the Contractor's active payroll for at least 90 out of the 180 calendar days prior to the contract award;

(4) have the ability to perform safely the basic functions of the applicable trade.

The Union will refer to such Contractor one employee from the hiring hall out-of-work list for each affected trade or craft, and will then refer one of such Contractor•s "'core•• employees and shall repeat the process as follows: one from the hiring hall and one "core" employee, until such contractor's requirements are met or until such contractor has hired ten ( l 0) such "core,, employees for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list. In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of core employees in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the Contractor under this Agreement.

Section 11. Except as provided in Article IV, Section 3, individual seniority should not be recognized or applied to employees working on the Project provided, however, that group and/or classification seniority in a Union Schedule A as of effective date of this Agreement shall be recognized for purposes of layoff.

Section 12. The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated contractor representatives. Craft foremen shall be designated as working foremen at the request of the Contractor.

ARTICLE IV

UNION REPRESENTATION AND STEW ARDS

Section 1. Authorized representatives of the Union shall have access to the Project, provided that they do not interfere with the work of the employees and further provided that such representatives fully comply with posted visitor and security and safety rules of the Project.

It is understood that because of the geographical scope of the Project, and the type of work being undertaken on the Project site, visitors may be limited to certain times, or areas, or to being accompanied at all times while on the Project site; with this in mind, however, the Contractor recognizes the right of access set forth in this Section and such will not be unreasonably withheld from an authorized representative of the Union.

Section 2(a). Each signatory local union shall have the right to dispatch an experienced working journeyman 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 steward. Stewards will receive the regular rate of their respective crafts.

(b) In addition to his/her work as an employee, the steward shall have the right to receive, but not solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee1s appropriate supervisor. Each steward shall be concerned with the employees of the steward's Contractor and if applicable, subcontractors, and not with the employees of any other Contractor. The 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 on the 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 sha1l not have the right to determine when overtime shall be worked or who shall work overtime.

Section 3. The Contractor agrees to notify the appropriate union twenty-four (24) hours prior to the layoff of a steward. If a steward is protected against such layoff by the provisions of any Schedule A, such provisions shall be recognized to the extent that the steward possesses the necessary qualifications to perform the work remaining. In any case in which a steward is discharged or disciplined for just cause and prohibited from entering or being on the job site, the appropriate union shall 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. 4. Personnel of the Department will be working in close proximity to the construction activities. The union agrees that the union representatives, stewards and individual workers will not interfere with such personnel, or with personnel employed by any other employer not a party to this Agreement.

ARTICLE V

MANAGEMENT'S…