HomeMy WebLinkAboutSan Diego Building and Construction Trades CouncilCITY OF NATIONAL CITY
PROJECT LABOR AGREEMENT
Effective Date: December 14, 2023
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TABLE OF CONTENTS
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ARTICLE1 RECITALS.......................................................................................................... 1 -
ARTICLE 2 DEFINITIONS....................................................................................................- 2-
ARTICLE 3 SCOPE OF THE AGREEMENT........................................................................ - 4-
ARTICLE 4 UNION RECOGNITION AND EMPLOYMENT .............................................- 9-
ARTICLE 5 UNION ACCESS AND STEWARDS.............................................................. 14 -
ARTICLE 6 WAGES AND BENEFITS...............................................................................- 15 -
ARTICLE 7 WORK STOPPAGES AND LOCKOUTS.......................................................- 16 -
ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES ...................- 21 -
ARTICLE 9 MANAGEMENT RIGHTS............................................................................... 22 -
ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES ...................................- 25 -
ARTICLE 11 COMPLIANCE.................................................................................................- 27 -
ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY .................. - 27 -
ARTICLE 13 TRAVEL, SUBSISTENCE AND PARKING .................................................. - 28 -
ARTICLE 14 APPRENTICES................................................................................................. 28 -
ARTICLE 15 LEGAL ACTION.............................................................................................. 29 -
ARTICLE 16 PRE -JOB CONFERENCE................................................................................- 30 -
ARTICLE 17 LABOR/MANAGEMENT AND COOPERATION ........................................- 31 -
ARTICLE 18 SAVINGS AND SEPARABILITY..................................................................- 31 -
ARTICLE19 WAIVER...........................................................................................................- 32 -
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TABLE OF CONTENTS
(Continued)
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ARTICLE 20 AMENDMENTS.............................................................................................. - 32 -
ARTICLE 21 DURATION OF THE PLA............................................................................... 33 -
ARTICLE 22 WORK OPPORTUNITIES PROGRAM.......................................................... - 34 -
ARTICLE 23 HELMETS TO HARDHATS............................................................................ 36 -
ATTACHMENT A— LETTER OF ASSENT..........................................................................- 40 -
ATTACHMENT B-1— WORKFORCE DISPATCH REQUEST FORM ................................ 41 -
ATTACHMENT B-2 — CONTRACTOR CORE WORKFORCE FORM ................................ 42 -
ATTACHMENT C — DRUG AND ALCOHOL TESTING POLICY .....................................- 43 -
CITY OF NATIONAL CITY
PROJECT LABOR AGREEMENT
This Project Labor Agreement (hereinafter the "PLA" or "Agreement') is entered
into this 141h day of November 2023 by and between the San Diego Building and Construction
Trades Council (hereinafter the "Council'), and the signatory Craft Unions (hereinafter, together
with the Council, collectively, the "Union' or "Unions"), and the City of National City ("City").
ARTICLE 1
RECITALS
WHEREAS, the City desires the completion of the Covered Projects in a
professional, safe, efficient, and economical manner, without undue delay or work stoppages;
and
WHEREAS, the timely, efficient, economical and successful completion of the
Covered Projects is of the utmost importance to the City; and
WHEREAS, large numbers of workers of various skills will be required in the
performance of the construction work on Covered Projects, including workers affiliated with
and/or represented by the Unions; and
WHEREAS, it is recognized that on construction projects with multiple
contractors and bargaining units on the job site at the same time over an extended period of time,
the potential for work disruption is substantial without an overriding commitment to maintain
continuity of work; and
WHEREAS, the Parties agree that by establishing and stabilizing wages, hours,
and working conditions for the workers employed on Covered Projects, a satisfactory,
continuous, and harmonious relationship will exist among labor and management that will lead
to the efficient and economical completion of Covered Projects; and
WHEREAS, in recognition of the special needs of the Covered Projects and to
maintain a spirit of harmony, cooperative labor-management relations, peace, and stability
during the term of this PLA, the Parties agree to establish effective and binding methods for the
settlement of all misunderstandings, disputes and grievances without any strikes, slowdowns,
work interruptions, or disruption of Covered Projects, and the Contractors agree not to engage in
any lockout; and
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WHEREAS, the City places high priority upon -the development of
comprehensive programs for the recruitment, training, and employment of local residents, and
also recognize the ability of local Apprenticeship Programs to provide meaningful and
sustainable careers in the building and construction industry. The Parties will encourage local
residents to participate in Covered Projects through programs and procedures jointly developed
to prepare and encourage such individuals for entrance into Apprenticeship Programs and formal
employment on the Covered Projects through the referral programs sponsored and/or supported
by the Parties to this PLA; and
WHEREAS, it is further understood that the City shall actively administer and
apply the obligations of this PLA.
NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE
PARTIES AS FOLLOWS:
ARTICLE 2
Capitalized terms utilized in this PLA which are not otherwise defined herein
shall have the meanings ascribed to said terms below.
"Agreement" means this Project Labor Agreement (PLA).
"Applicable Prevailing Wage Determination" means the prevailing wage
determinations applicable to a Covered Project issued by the Department of Industrial Relations
pursuant to the California Labor Code.
"Apprentice" means an apprentice properly registered in an Apprenticeship
Program for the time they are employed on a Covered Project.
"Apprenticeship Program" as used in this PLA shall be defined as an
apprenticeship program approved by the California Division of Apprenticeship Standards (DAS)
"Contractor" means the Prime Contractor and any subcontractor of any tier
awarded Covered Work. The term "Contractor" includes any individual, firm, partnership,
corporation, owner operator, consultant or combination thereof, including joint ventures,
performing Covered Work.
"Core Employees" are defined in Article 4, Section 4.6 (e).
"Council" means the San Diego County Building & Construction Trades Council.
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"Covered Contract" means a prime contract or subcontract awarded for
performance of Covered Work, or an individual job order constituting a Covered Project as
defined below.
"Covered Project" means a construction project with a prime contract awarded by
the City with an estimated construction contract award value of $1,000,000 or greater. "Covered
Projects" also includes individual task orders valued at $100,000 or greater for Surveyors and/or
Building/Construction Inspectors and/or Field Soils and Material Testers (Inspectors) that are
related to a Covered Project.
"Covered Work" means construction work in furtherance of a Covered Project,
other than work excluded pursuant to specific exemptions set forth in this PLA.
"Joint Labor -Management Apprenticeship Program" means a Joint Labor -
Management Apprenticeship Program approved by the State of California DAS as provided for
in the Schedule A's.
"Party" means the City, Council, and each Union.
"Prime Contractor" means the contractor awarded a Covered Contract in privity
directly with the City.
"Project Labor Coordinator" means the designee of the City, either from its own
staff (including, but not limited to, the City Engineer) and/or an independent entity acting on
behalf of the City, to monitor compliance with this PLA and assist with developing,
implementing and administering the requirements, policies and programs referenced herein.
"Schedule A's" means the local master labor agreements of the Unions.
"Union" or "Unions" means any labor organization signatory to this Agreement
acting on their own behalf and on behalf of their respective affiliates and member organizations
whose names are subscribed hereto and who have, through their officers, executed this
Agreement.
"Veteran" means a veteran or the eligible spouse of a veteran of the United States
Armed Forces, under Section 2(a) of the Jobs for Veterans Act (38 U.S.C. 4215[a]).
"Workforce Dispatch Request Form" means the project -specific form by which
Contractors request workers from the Union hiring halls on Covered Projects, an example of
which is attached as Attachment B-1.
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ARTICLE 3
SCOPE OF THE AGREEMENT
Section 3.1 Scope.
(a) This Agreement covers, without limitation, all on -site site preparation,
surveying, construction, alteration, demolition, installation, improvement,
landscaping, painting or repair of buildings, structures and other works, and
related activities for the Covered Project that is within the craft jurisdiction of one
of the Unions and which is directly part of the Covered Project, including, without
limitation to the following examples, geotechnical and exploratory drilling,
temporary HVAC, landscaping, temporary fencing, pipelines (including those in
linear corridors built to serve the Project), pumps, and pump stations. On -site
work includes work done solely for the Covered Project in temporary yards,
dedicated sites, or other areas provided that they are adjacent to the Covered
Project, and at any on -site or off -site batch plant constructed solely to supply
materials to the Covered Project.
(b) This Agreement applies to any start-up, calibration, commissioning,
performance testing, repair, maintenance or operational revisions to systems
and/or subsystems for the Project that are required as part of a Covered Contract,
including warranty work performed after completion, unless such work is
performed by City employees. Covered Work includes all onsite physical craft
work that is part of startup and commissioning, including, but not limited to,
system flushes and testing, loop checks, rework and modifications, and functional
and operational testing up to and including the final running test. It is understood
that the City's personnel and/or its representatives, together with the
manufacturer's and/or vendor's representatives, and/or plant operating personnel
may supervise and direct the startup, commissioning, rework, and modification
activity, and that the onsite physical craft work is typically performed as part of a
joint effort with these representatives and personnel. A manufacturer or its
representatives may perform industry standard startup and commissioning work to
satisfy its guarantee or warranty on a piece of equipment, and such work will be
exempt from the Project Labor Agreement to the extent the work is excluded by
Section 3.2(b) and/or Section 3.2(d).
(c) This Agreement covers all on -site fabrication work over which
Contractors possess the right of control (including work done for a Covered
Project in any temporary yard or area established for the Covered Project). This
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Agreement also covers off -site fabrication to the extent that it is covered by
existing Master Agreements in effect at the time of the execution of this PLA. All
fabrication work over which a Contractor possesses the right of control, including
without limitation, the fabrication of medical gas piping, air -handling systems and
ducts, and HVAC sheet metal work, and which is traditionally claimed as on -site
fabrication shall be performed on -site. Purchase of manufactured items from a
genuine manufacturing facility for the supply of products is not considered
fabrication and not subject to this PLA.
(d) On -site construction shall also include the site of any batch plant
constructed solely to supply materials to the Project. Construction trucking work
for the delivery of ready -mix, asphalt, aggregate, sand, or other fill or material
which are directly incorporated into the construction process as well as the off -
hauling of debris and excess fill, material and/or mud, shall be covered by the
terms and conditions of this Agreement to the fullest extent allowed by law and by
the prevailing wage determinations of the California Department of Industrial
Relations.
Section 3.2 Exclusions. Items specifically excluded from the scope of this PLA 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, messengers, guards,
safety personnel, emergency medical and first aid technicians, and other
professional, engineering, administrative, supervisory, and management
employees; and
(b) All employees of the City, Project Labor Coordinator, design teams
(including, but not limited to, architects, engineers, and master planners), or any
other consultants for the City (including, but not limited to, project managers and
construction managers and their employees where not engaged in Covered Work)
and their subconsultants, and other employees of professional service
organizations, not performing manual labor within the scope of this PLA.
Notwithstanding the foregoing, however, this exclusion shall not apply to
surveying and inspection services on a Covered Project, within the State of
California's general prevailing wage determination for Field Surveyors and/or
Building/Construction hispectors and Field Soils and Material Tester, when this
work is performed under a Covered Contract or under a professional services
agreement. This shall also specifically include such work where it is referred to by
utilization of such terms as "quality control" or "quality assurance." Every
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Surveyor and Inspector performing under the wage classifications of Field
Surveyors and/or Building/,Construction Inspectors and Field Soils and Material
Tester (Inspectors) on Covered Work pursuant to a professional services
agreement or a construction contract shall be bound to all applicable requirements
of this Agreement regardless of the manner in which the work was awarded; and
(c) Any work performed by state, county, city, or other governmental bodies,
or their contractors (other than work within the scope of this PLA undertaken by
contractors to the City); or by private utilities, or their contractors; and
(d) Work performed by employees of a manufacturer or vendor necessary to
install, commission and/or maintain such manufacturer's or vendor's warranty or
guarantee and provided that the warranty agreement is the manufacturer's or
vendor's usual and customary warranty agreement for such equipment and is
consistent with industry practice. Any work to be excluded pursuant to this
subsection (d) shall be identified and discussed at the relevant pre job conference.
Upon request from the Council, the City shall review with the vendor whether
installation or application may be performed pursuant to terms of the PLA without
affecting the status of the warranty; and
(e) Specialized or technical work requiring specialized training, unique skills,
or a level of specific technical experience which employees represented by the
Unions do not possess. At least ten (10) working days' notice shall be given to the
Council before any work is performed pursuant to this exemption; and
(1) Laboratory testing work; and
(g) Non -construction support services contracted by the City, Project Labor
Coordinator, or Contractor in connection with a Covered Project; and
(h) Contracts for which there are less than three (3) unrelated, qualified
bidders for a Covered Contract, in which case the City reserves the right to reject
all bids and readvertise the contract not as a Covered Project or Covered Contract
and not subject to this PLA; and
(i) Non -construction support services contracted by the City in connection
with Covered Projects; and
6) Emergency work; and
(k) Substantial impracticality or inefficiency. The City may exclude any work
constituting a Covered Project upon a 4/5 vote of its City Council finding and
determining that said work as a Covered Project would result in a substantial
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inefficiency or impracticality; and(1) If the lowest apparent responsive and
responsible bid is ten percent (10%) or greater than the engineer's estimate, in
which case the City reserves the right to reject all bids and readvertise the contract
not as a Covered Project or Covered Contract and not subject to this PLA; and
(m) All off -site manufacturing, fabrication, maintenance, and handling of
materials, equipment, or machinery; and
(n) All operation of equipment and machinery owned or controlled by the
City.
Section 3.3 Awarding of Contracts.
Notwithstanding any obligation, term, duty or condition contained herein to the
contrary, this Agreement shall be subject to all applicable laws, including the
California Public Contract Code. The City shall maintain absolute and sole
discretion regarding the application and the related enforcement of said laws.
(a) The City has the absolute right to bid or award Covered Contracts
regardless of delivery method to any Contractor notwithstanding the existence or
non-existence of any agreements between such Contractor and any Union,
provided only that such Contractor is willing, ready, and able to execute a Letter
of Assent as set forth in Attachment A hereto, and comply with this PLA in
performance of Covered Work.
(b) Each Union shall enroll in the electronic bidding system used at the time
of bidding (currently, P1anetBids) and provide the listing information to all Union
contractors able to provide services to the trades required of the project. Each
Union contractor may provide bids to each prime bidding contractor in
accordance with California law and the bidding documents. Union prime
contractors may bid the project in accordance with California law and the bidding
documents.
(c) It is agreed that all Contractors who have been awarded a contract for
Covered Work shall be required to accept and be bound by the terms and
conditions of this PLA. Contractors shall evidence their acceptance of this
Agreement by executing a Letter of Assent as set forth in Attachment A hereto.
No Contractor shall commence Covered Work without first providing a copy of
the signed Letter of Assent to the Project Labor Coordinator.
(d) The City and all Contractors awarded Covered Work agree that to the
extent permitted by law and consistent with the economy and efficiency of
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construction and operation, they will use best efforts to purchase materials,
equipment, and supplies that will not create labor strife. Under all circumstances,
however, the City and Contractors shall retain the absolute right to select
Contractors for the award of contracts and subcontracts on all Covered Projects.
(e) Proiect funding -source restrictions. Notwithstanding anything contained in
this PLA to the contract, the City shall comply with any and all restrictions related
to any funding source for project work including, but not limited to, federal, state
or local (e.g., County of San Diego, State of California Department of
Transportation, or San Diego Association of Governments) regulations.
Section 3.4 Schedule A's.
(a) The provisions of this PLA, including the Schedule A's (which are the
local Master Labor Agreements of the signatory Unions having jurisdiction over
Covered Work, as such may be changed from time to time consistent with Section
21.3, and which are incorporated herein by reference), shall apply to the work
covered by this PLA. Where a subject covered by the provisions of this PLA is
also covered by a Schedule A, the provisions of this PLA shall prevail. Where a'
subject is covered by a provision of a Schedule A and not covered by this PLA,
the provisions of the Schedule A shall govern. Any dispute as to the applicable
source between this PLA and any Schedule A shall be resolved under the
procedures established in Article 10.
(b) It is understood that this PLA, together with the referenced Schedule A's,
constitutes a self-contained, stand-alone agreement and, by virtue of having
become bound to this PLA, the Contractor will not be obligated to sign any other
local, area, or national collective bargaining agreement as a condition of
performing work within the scope of this PLA (provided, however, that the
Contractor may be required to sign a uniformly applied non-discriminatory
Participation or Subscription Agreement at the request of the trustees or
administrator of a trust fund established pursuant to Section 302 of the Labor
Management Relations Act, and to which such Contractor may be bound to make
contributions under this PLA, provided that such Participation or Subscription
Agreement does not purport to bind the Contractor beyond the terms and
conditions of this PLA and/or expand its obligation to make contributions
pursuant thereto). It shall be the responsibility of the Prime Contractor to have
each of its Contractors of any tier sign the documents with the appropriate Union
prior to the Contractor beginning work on Covered Projects.
Section 3.5 The Parties agree that this PLA will be made available to, and will fully apply to,
any successful bidder for Covered Work, without regard to whether that
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successful bidder performs work at other sites on either a Union or non -Union
basis. This PLA shall not apply to any work of any Contractor other than that on
Covered Projects specifically covered by this PLA.
Section 3.6 Binding Signatories Only. This PLA and Letter of Assent shall only be binding on
Contractors in the performance of Covered Work, and shall not apply to the
parents, affiliates, subsidiaries, or other ventures of any such Contractors.
Section 3.7 Other Work. Nothing contained herein shall be interpreted to prohibit, restrict, or
interfere with the performance of any other operation, work, or function not
covered by this PLA, which may be performed by City employees or contracted
for by City for its own account, on its property, or in and around Covered Project
sites.
Section 3.8 Separate Liability. It is understood that the liability of the Contractor(s) and the
liability of the separate Unions under this PLA shall be several and not joint. The
Unions agree that this PLA does not have the effect of creating any joint
employment status between or among the City or Project Labor Coordinator
and/or any Contractor.
Section 3.9 Completed Covered Projects. As portions of Covered Projects are completed, this
PLA shall have no further force or effect on such items or areas except where the
Contractor is directed by the City or its representatives to engage in repairs,
modification and/or check-out functions required by its contract(s) with the City.
Section 3.10 Except for all work performed under the NTLArticles ofAgreement, the National
Stack/Chimney Agreement, and the National Cooling Tower Agreement, all
instrument calibrations 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 (Work Stoppages and
Lockouts), Article 8 (Work Assignments and Jurisdictional Disputes) and Article
10 (Settlement of Grievances and Disputes) of this PLA, which shall apply to
such work.
ARTICLE 4
UNION RECOGNITION AND EMPLOYMENT
Section 4.1 Recognition. The Contractors recognize the Unions as the exclusive bargaining
representative for the employees engaged in Covered Work. Such recognition
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does not extend beyond the period when the employee is engaged in Covered
Work.
Section 4.2 Contractor Selection of Employees. The Contractors shall have the right to
determine the competency of all employees, the number of employees required,
the duties of such employees within their craft jurisdiction, and shall have the sole
responsibility for selecting employees to be laid off, consistent with this Article.
The Contractors shall also have the right to reject any applicant referred by a
Union for any reason, subject to any reporting time requirements of the applicable
Schedule A; provided, however, that such right is exercised in good faith and not
for the purpose of avoiding the Contractors' commitment to employ qualified
workers through the procedures endorsed in this PLA.
Section 4.3 Referral Procedures.
(a) For signatory Unions to this Agreement having a job referral system
contained in a Schedule A, the Contractor agrees to comply with such system and
it shall be used exclusively by such Contractor, except as modified by this PLA.
Such job referral system will be operated in a nondiscriminatory manner and in
full compliance with federal, state, and local laws and regulations that require
equal employment opportunities and non-discrimination.
(b) The local Unions will exert their best efforts to recruit and refer sufficient
numbers of skilled craft workers to fulfill the labor requirements of the
Contractor, including specific employment obligations to which the Contractor
may be legally and/or contractually obligated; and to refer Apprentices as
requested to develop a larger, skilled workforce. The Unions will work to identify
and refer competent craft persons as needed for Covered Work, and to identify
individuals, particularly local residents, for entrance into Apprenticeship
Programs, or participation in other identified programs and procedures to assist
individuals in qualifying and becoming eligible for such Apprenticeship
Programs, all maintained to increase the available supply of skilled craft
personnel for Covered Projects.
(c) The Union shall not knowingly refer an employee currently employed by a
Contractor on a Covered Project to any other Contractor.
Section 4.4 Non -Discrimination in Referral. Employment, and Contracting. The Unions and
Contractors agree that they will not discriminate against any employee or
applicant for employment on the basis of sex, race, ethnicity, color, ancestry,
religious creed, national origin, sexual orientation, physical disability, mental
disability, medical condition, age, marital status, denial of family care leave,
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genetic information, gender, gender identity, gender expression, military and
veteran status, criminal records, past incarceration, previous status as a foster
youth, political affiliation or membership in a labor organization in hiring and
dispatching workers for the Covered Projects. The Parties and Contractors will
ensure that the evaluation and treatment of their employees, members, and
applicants for employment or membership are free from such discrimination and
harassment.
Section 4.5 Employment of Local Residents.
(a) In recognition of the City's mission to serve its residents, the Unions and
Contractors agree that, to the extent allowed by law, and as long as they possess
the requisite skills and qualifications, the Unions shall first refer for Covered
Projects permanent residents of zip codes 91950, 91951 and 91947 ("qualifying
zip codes") at the time of initial employment on a Covered Project or Veterans
residing anywhere.
(b) To facilitate the dispatch of Local Residents, as well as all Contractor
requests for referral and dispatch of workers from the applicable Union referral
system, the Parties will develop and utilize a Workforce Dispatch Request Form
for Covered Projects.
(c) It is the Parties' goal that at least 80% of the total craft hours to be
performed on a Covered Project shall be performed by residents of San Diego
County, graduates of, or recipients of a GED from a school in San Diego County
residing anywhere, or Veterans residing anywhere, of which 5% should be from
qualifying zip codes or graduates of, or recipients of a GED from, Sweetwater
High School residing anywhere, or Veterans residing anywhere.
Section 4.6 Core Employees. This Section only applies to Contractors who are not directly
signatory to an applicable Schedule A.
(a) The Parties recognize the City's interest in promoting competition and
inclusion of disadvantaged business enterprises (DBEs) which may not be
signatory to a current Schedule A. For purposes of this Section, DBEs
shall be as defined by the United States Department of Transportation, as
that definition may be amended from time to time. (See, e.g.,
httns://www.transportation. gov/c ivil-rights/disadvantaged-business-
enterprise/definition-disadvantas,ed-business-enterprise; see also
Appendix E to Part 26 of 49 CFR Part 26.) In order to promote
participation and attract DBEs to work under this Agreement, and subject
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to the limitations set forth below, each Contractor that is a DBE may
employ up to five (5) Core Employees per craft on a Covered Project,
alternating with Core Employees and Union referrals (first a Core
Employee, then a referral from the appropriate Union hiring hall, then a
Core Employee, and so on). After five (5) Core Employees have been
employed, all additional employees in the affected trade or craft shall be
requested and referred from the appropriate Union hiring hall.
The preceding Core Employee hiring procedures for DBEs are subject to
the following limitation:
(1) Each Contractor is limited to utilizing the preceding Core
Employee hiring procedure on one Covered Project.
(b) Contractors who are not otherwise signatory to a current Schedule A may
employ, as needed, a Core Employee first, then a referral from the appropriate
Union hiring hall, then a second Core Employee, then a second employee through
the referral system, then a third Core Employee, and so on, until a maximum of
three (3) Core Employees are employed per craft on the Project. Thereafter, all
additional employees in the affected trade or craft shall be requested and referred
from the appropriate Union hiring hall in accordance with this Article.
(b) Section 4.6 only applies to Contractors who are not directly signatory to a
current Schedule A for the craft worker in its employ and is not intended to limit
the transfer provisions of the Schedule A of any trade. As part of this process, and
in order to facilitate the contract administration procedures, as well as appropriate
fringe benefit fund coverage, all Contractors shall require their Core Employees
and any other persons employed other than through the referral process, to
register with the appropriate Union hiring hall, if any, prior to their first day of
employment working under the Construction Contract at the Project site. The
registration process shall be administered by the Contractors and Union
reasonably, but without impacting the Project schedule.
(c) Prior to each Contractor performing any work on a Covered Project, each
Contractor shall provide a list of Core Employees to the Project Labor
Coordinator and the Council. After submitting the Core Employee list prior to
commencing work on that Covered Project, Contractors shall not make any
changes or substitutions to the Core Employee list for the duration of that
Covered Project without prior agreement by the Parties, unless one or more Core
Employees retires, changes employer, resigns or is terminated.
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(d) Upon request by any Party to this Agreement, the Contractor hiring any
Core Employee shall provide satisfactory proof (i.e., payroll records, quarterly tax
records, and such other documentation) evidencing the Core Employee's
qualification as a Core Employee to the Project Labor Coordinator and the
Council.
(e) Core Employees must meet the following eligibility requirements to
qualify for employment on Covered Projects:
(1) A Core Employee must be a journeyperson and appear on the
Contractor's active payroll for at least ninety (90) of the last one -hundred -eighty
(180) working days prior to being designated as a Core Employee. The date a
Core Employee is designated is the date the Core Employee list is submitted to
the Project Labor Coordinator and Council prior to the Contractor commencing
work; and
(2) A Core Employee must possess any license required by state or
federal law for the Covered Work to be performed; and
(3) A Core Employee must have the ability to safely perform the basic
functions of the applicable trade; and
(4) A Core Employee must be a resident of San Diego, Imperial,
Riverside or Orange Counties
(f) In addition to the Core Employee provisions set forth herein, all
Contractors may avail themselves of any opportunity provided for in the
applicable Schedule A's to call for specific employees by name.
(g) During any layoffs or reductions in workforce, Contractors shall lay off
employees in an order and manner consistent with the Core Employee hiring
procedures and maintain the required Core Employee -to -Union referral ratios
required by this Section for the duration of the Project.
Section 4.7 Time for Referral. If any Union's registration and referral system does not fulfill
the requirements for specific classifications of covered employees (including
Local Residents) requested by any Contractor within forty-eight (48) hours
(excluding Saturdays, Sundays, and holidays), that Contractor may employ Core
Employees without reference to the ratio requirements in Section 4.6 or use
employment sources other than the Union registration and referral services, and
may employ applicants from any other available source. The Contractor shall
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promptly inform the Union of any applicants hired from other sources, and such
applicants shall register with the appropriate hiring hall, if any.
Section 4.8 Lack of Referral Procedure. If a signatory local Union does not have a job referral
system as set forth in Section 4.3 above, the Contractors shall give the Union
equal opportunity to refer applicants. The Contractors shall notify the Union of
employees so hired, as set forth in Section 4.7.
Section 4.9 Union Membership. Employees are not required to become or remain union
members, or pay dues or fees to a union, as a condition of performing Covered
Work under this Agreement. Employers shall make and transmit all deductions for
union dues, fees, and assessments that have been authorized by employees in
writing in accordance with the applicable Schedule A. Nothing in this Section 4.9,
however, is intended to supersede independent requirements in applicable local
union agreements such as those in Schedule A as to those Employers that are
otherwise signatory to those agreements and as to the employees of those
Employers who are performing Covered Work.
Section 4.10 Foremen. The selection and number of craft foremen and/or general foremen shall
be the responsibility of the Contractor, consistent with the Schedule A's. All
foremen shall take orders exclusively from the designated Contractor
representatives. Craft foremen shall be designated as working foremen at the
request of the Contractors.
ARTICLE 5
UNION ACCESS AND STEWARDS
Section 5.1 Access to Project Sites. Authorized representatives of the Union shall have access
to Covered Projects, provided that they do not interfere with the work of
employees and further provided that such representatives fully comply with
posted visitor, security, and safety rules.
Section 5.2 Stewards.
(a) Each signatory local Union shall have the right to dispatch a working
joumeyperson 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-
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working stewards. Stewards will receive the regular rate of pay for their
respective crafts.
(b) In addition to his/her work as an employee, the steward should have the
right to receive, but not to solicit, complaints or grievances and to discuss and
assist in the adjustment of the same with the employee's appropriate supervisor.
Each steward should be concerned only with the employees of the steward's
Contractor 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 at one
site, the Contractor may request and the Union shall appoint such additional
working stewards as the Contractor requests to provide independent coverage of
one or more such locations. In such cases, a steward may not service more than
one work location without the approval of the Contractor.
(d) The stewards shall not have the right to determine when overtime shall be
worked or who shall work overtime.
Section 5.3 Steward Layoff/Discharge. The Contractor agrees to notify the appropriate Union
twenty-four (24) hours before the layoff of a steward, except in the case of
disciplinary discharge for just cause. If the steward is protected against such
layoff by the provisions of the applicable Schedule A, such provisions shall be
recognized when the steward possesses the necessary qualifications to perform the
remaining work. In any case in which the steward is discharged or disciplined for
just cause, the appropriate Union will be notified immediately by the Contractor,
and such discharge or discipline shall not become final (subject to any later filed
grievance) until twenty-four (24) hours after such notice has been given;
provided, however, that during the 24-hour period before the discipline or
discharge becomes final, the steward will be considered suspended pending
investigation without pay.
Section 5.4 Employees on Non -Covered Projects. On work where the personnel of the City
may be working in close proximity to the construction activities covered by this
PLA, the Union agrees that the Union representatives, stewards, and individual
workers will not interfere with City personnel, or with personnel employed by any
other employer not a Party to this PLA.
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ARTICLE 6
WAGES AND BENEFITS
Section 6.1 Wages. At a minimum, all employees covered by this PLA shall be classified in
accordance with work performed and paid the hourly wage rates and benefits for
those classifications in compliance with the applicable Prevailing Wage
Determination established pursuant to the California Labor Code by the California
Department of Industrial Relations.
Section 6.2 Benefits.
(a) Payment of Benefits. For all employees performing Covered Work,
Contractors shall pay all fringe benefits and other required employer contributions
to the established Union employee benefit funds in the amounts required by the
applicable Schedule A. In addition, the Contractors and Unions agree that only
such bona fide employee benefits that accrue to the direct benefit of the
employees (such as pension and annuity, health and welfare, vacation,
apprenticeship, and training funds) shall be included in this requirement and
required to be paid by the Contractor on Covered Projects.
(c) Where applicable, the Contractor adopts and agrees to be bound by the
written terms of the applicable, legally established, Union trust agreement(s)
specifying the detailed basis how payments will be made into, and benefits paid
out of, such trust funds for its employees. The Contractor authorizes the
sponsoring Parties to such trust funds to appoint trustees and successor trustees to
administer the trust funds and hereby ratifies and accepts the trustees so appointed
as if made by the Contractor. The Contractor obligations to the applicable Union
benefit fund(s) and trust agreement(s) are limited to work performed on Covered
Work. The Union benefit funds and trust agreement(s) applicable to each
Contractor are determined by the pre job conference and Union work assignment
process described in Articles 8 and 16.
(d) Each Contractor is required to certify to the Project Labor Coordinator that
it has paid all benefit contributions due and owing to the appropriate Union
trust(s) and benefit funds prior to the receipt of its final payment and/or retention.
Further, upon timely notification by a Union to the Project Labor Coordinator, the
Project Labor Coordinator shall work with any Contractor who is delinquent in
payments to assure that proper benefit contributions are made, to the extent of
requesting the City or the prime Contractor to withhold payments otherwise due
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such Contractor, until such contributions have been made or otherwise
guaranteed.
Section 6.3 Wage Premiums, with the exception of shift premiums, shall not be applicable to
work performed under this PLA, except to the extent provided for in any
applicable prevailing wage determination. The types of wage premiums that will
not apply to the Project include, but are not limited to, pay based on height of
work, hazard pay, scaffold pay, and special skills, except to the extent provided
for in any prevailing wage determination. Similarly, there will be no wage
premiums based on staggered start times or start times that are earlier or later than
set forth in the applicable Schedule A, with the exception of shift premiums.
Section 6.4 Compliance with Prevailing Wage Laws. All complaints regarding possible
prevailing wage violations may be referred to the Project Labor Coordinator or
Labor Compliance Program, if any, for referral to the Department of Industrial
Relations, State Labor Commissioner.
ARTICLE 7
WORK STOPPAGES AND LOCKOUTS
Section 7.1 No Work Stoppages or Disruptive Activity. The Council and the Unions signatory
hereto agree that neither they, nor their respective officers, agents or
representatives, shall incite or encourage, condone or participate in any strike,
walk -out, slowdown, picketing, observation of picket lines, or other activity of
any nature or kind whatsoever, for any cause or dispute whatsoever with respect
to or any way related to Covered Work, or which interferes with or otherwise
disrupts Covered Work, including, but not limited to, economic strikes, unfair
labor practice strikes, safety strikes, sympathy strikes, and jurisdictional dispute
strikes, whether or not the underlying dispute is arbitrable. Any such actions by
the Council, or any Union, or their members, agents, representatives, or the
employees they represent shall constitute a material violation of this PLA. The
Council and the Union shall take all steps necessary to obtain compliance with
this Article.
Section 7.2 Employee Violations. The Contractor may discharge any employee violating
Section 7.1 above, and any such employee will not be eligible for rehire under this
PLA.
Section 7.3 Standing to Enforce. Any Contractor affected by an alleged violation of Section
7.1 shall have standing and the right to enforce the obligations established therein.
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Section 7.4 Expiration of Schedule A's. If a collective bargaining agreement between a
signatory Contractor and one or more of the Union(s) expires before the
Contractor completes the performance of a Contract for Covered Work, and the
Union or the Contractor gives notice of demand for a new or modified collective
bargaining agreement, the Unions agree that they will not strike the Contractor on
the Project, and the Union and the Contractor agree that the expired collective
bargaining agreement will continue in full force and effect for the Covered Work
until a new or modified collective bargaining agreement is reached between the
Union and the Contractor. If the new or modified collective bargaining agreement
reached between the Union and the Contractor provides that any terms of the
collective bargaining agreement shall be retroactive, the Contractor agrees to
comply, consistent with the terms of this PLA and the Prevailing Wage Statute,
with any retroactive terms of the new or modified collective bargaining agreement
which are applicable to employees of said Contractor that are employed on the
Project within seven (7) days at no cost to the City. All employees shall continue
to work and to perform all their obligations with respect to Covered Work despite
the expiration of a Schedule A agreement. Should a Contractor engaged in
Covered Work enter into an interim agreement with the Unions for work being
performed elsewhere after the expiration, and before the renewal of a local
collective bargaining agreement forming the basis for Schedule A, such interim
agreement shall be utilized by that Contractor for Covered Work, subject to the
provisions of Section 21.3.
Section 7.5 No Lock Outs. Contractors shall not cause, incite, encourage, condone or
participate in any lock -out of employees with respect to Covered Work during the
term of this PLA. The term "lock -out" refers only to a Contractor's exclusion of
employees in order to secure collective bargaining advantage, and does not refer
to the discharge, termination, or lay off of employees by the Contractor for any
reason in the exercise of rights pursuant to any provision of this PLA, or any other
agreement, nor does "lock -out" include the City's decision to stop, suspend, or
discontinue any Covered Project or any portion thereof for any reason.
Section 7.6 Best Efforts to End Violations.
(a) If a Contractor contends that there is any violation of this Article, it shall,
prior to invoking the procedures of Section 7.7, provide written notification to the
Council of the involved Union(s) and to the Project Labor Coordinator, setting
forth the facts which the Contractor contends violates this Article. The Council
and the leadership of the involved Union(s) will immediately instruct, order, and
use their best efforts to cause the cessation of any violation of the Article.
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(b) If the Union contends that any Contractor has violated this Article, it will
notify the Contractor and the Project Labor Coordinator, setting forth the facts
which the Union contends violate this Article, prior to invoking the procedures of
Section 7.7. The Project Labor Coordinator shall promptly order the involved
Contractor(s) to cease any violation of the Article.
Section 7.7 Expedited Enforcement Procedure. Any Party, and affected Contractors, may
institute the following procedures, in lieu of or in addition to any other action at
law or equity, when a breach of this Article is alleged.
(a) The Party invoking this procedure shall notify Robert M. Hirsch, who has
been selected by the negotiating Parties, and whom the Parties agree shall be the
permanent arbitrator under this procedure, and if Mr. Hirsch is unavailable, shall
notify John Kagel, who has been selected as the alternate arbitrator under this
procedure. If the permanent arbitrator is unavailable at any time, the alternate will
be contacted. If neither is available, then a selection shall be made from the list of
arbitrators as set forth in Article 10. Notice to the arbitrator shall be by the most
expeditious means available, with notices to the Parties alleged to be in violation,
and to the Project Labor Coordinator and the Council. For purposes of this
Article, written notice may be given by email, facsimile, hand delivery, or
overnight mail and will be deemed effective upon receipt.
(b) Upon receipt of said notice, the arbitrator named above or his/her alternate
shall sit and hold a hearing within seventy-two (72) hours if it is contended that
the violation still exists, but not sooner than twenty-four (24) hours after notice
has been dispatched to the Council of the involved Union(s) and/or Contractor as
required by Section 7.6, above.
(c) The arbitrator shall notify the Parties of the place and time chosen for this
hearing, which may be a Zoom proceeding or the equivalent. Said hearing shall be
completed in one session, which, with appropriate recesses at the arbitrator's
discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon
by all Parties. A failure of any Party or Parties to attend said hearings shall not
delay the hearing of evidence or the issuance of any award by the arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of this
Article has in fact occurred, and if so, whether the arbitrator shall order the
applicable union(s) to return to work. The arbitrator shall have no authority to
consider any matter in justification, explanation, or mitigation of such violation or
to award damages, (except for damages as set forth in Section 7.8 below) which
issue is reserved for court proceedings, if any. The award shall be issued in
writing within three (3) hours after the close of the hearing and may be issued
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without an opinion. If any Party desires a written opinion, one shall be issued
within fifteen (15) days, but its issuance shall not delay compliance with, or
enforcement of, the award. The arbitrator may order cessation of the violation of
this Article and other appropriate relief, and such award shall be served on all
Parties by hand, facsimile, email or registered mail upon issuance. The amount of
liquidated damages pursuant to Section 7.8 below shall be determined at a second
hearing scheduled by the arbitrator within thirty (30) days of the first hearing to
determine if a violation of this Article has occurred.
(e) Such arbitration award(s) shall be final and binding on all Parties and may
be enforced by any court of competent jurisdiction upon the filing of this PLA and
all other relevant documents referred to herein above in the following manner.
Written notice of the filing of such enforcement proceedings shall be given to the
other Party. In any judicial proceeding to obtain a temporary order enforcing the
arbitrator's award as issued under Section 7.7(d) of this Article, all Parties waive
the right to a hearing and agree that such proceedings may be ex parte. Such
agreement does not waive any Party's right to participate in a hearing for a final
order of enforcement. The courfs order or orders enforcing the arbitrator's award
shall be sent to all disputing parties.
(f) The fees and expenses of the arbitrator shall be equally divided between
the Party or Parties initiating this procedure and the respondent Party or Parties.
Section 7.8 Liquidated Damages.
(a) If the arbitrator determines in accordance with Section 7.7 above that a
work stoppage has occurred, the respondent Union(s) shall, within eight (8) hours
of receipt of the Award, direct all the employees they represent on the project to
immediately return to work. If the craft(s) involved do not return to work by the
beginning of the next regularly scheduled shift following such eight (8) hour
period after receipt of the arbitrator's Award, and the respondent Union(s) have
not complied with their obligations to immediately instruct, order, and use their
best efforts to cause a cessation of the violation and return the employees they
represent to work, then the non -complying Union(s) found in violation of Section
7.7 shall each pay liquidated damages in accordance with subsection (c) below.
(b) If the arbitrator determines in accordance with Section 7.7 above that a
lock out has occurred, the respondent Contractor(s) found in violation of Section
7.7 shall pay liquidated damages in accordance with subsection (c) below.
(c) The Parties agree that project delays caused by violations of this Article
will cause the City to sustain damages. They agree that it would be impractical or
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extremely difficult to fix the amount of such damages. Therefore, the Parties
agree that, in the event of a breach of either of these provisions, the Party in
breach shall pay to the impacted parties the sum of $10,000 per shift from the
time the arbitrator determines that a delay has occurred until the arbitrator
determines that the project is no longer disrupted. If the breaching party is a
Union, the liquidated damages will be paid to the Prime Contractor and other
affected Contractors as determined by the Arbitrator. If the breaching party is a
Contractor, the liquidated damages will be apportioned among the affected
employees and the benefit funds as determined by the Arbitrator. The payment of
liquidated damages, when made, shall constitute a damages remedy for the delay
specified, but shall not prevent the impacted party or parties from seeking an
injunction or equitable relief, including termination of this PLA. Payment of these
sums as liquidated damages is not intended as a forfeiture or penalty within the
meaning of California Civil Code sections 3275 or 3369, but instead, is intended
to constitute liquidated damages to the affected party or parties pursuant to section
1671 of the California Civil Code.
Section 7.9 Payroll and Benefit Delinquencies. Notwithstanding other provisions of this PLA,
it shall not be a violation of this PLA for any Union to withhold the services of its
members from a Contractor who fails to timely pay its weekly payroll in
accordance with the applicable Schedule A, or fails to make timely payments to
the applicable Union benefit funds. This Section 7.9 does not inhibit or affect
responsibilities of the Council and the Union under Section 7.1 to refrain from
picketing or other disruption of Covered Projects.
Prior to withholding its members' services for the Contractor's failure to meet its
weekly payroll, the Union shall give at least five (5) calendar days written notice
of such failure to pay by certified mail, and by facsimile or email transmission to
the involved Contractor, Prime Contractor and Project Labor Coordinator. The
Prime Contractor, together with the involved Contractor and affected Union, shall
meet within five (5) working days after the written notice of such failure to pay
was sent to attempt to resolve the payroll delinquency. If the payroll delinquency
remains unresolved, then the affected Union may withhold the services of its
members from the involved Contractor. Upon the payment of all monies due and
then owing for wages, the Union shall direct its members to immediately return to
work and the Contractor shall return all such members back to work.
Prior to withholding its members' services for the Contractor's failure to make
timely payments to the applicable Union benefit funds, the Union shall give at
least thirty (30) days written notice of such failure to pay by certified mail, and by
facsimile or email transmission to the involved Contractor, the Prime Contractor
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and Project Labor Coordinator. The Prime Contractor, together with the involved
Contractor and affected Union, shall meet within five (5) working days after the
written notice of such failure to pay was sent to attempt to resolve the
delinquency. If the delinquency remains unresolved, then the affected Union may
withhold the services of its members from the involved Contractor. Upon
payment by the delinquent Contractor of all monies due and then owing for
employee benefit contributions, the Union shall direct its members to immediately
return to work and the Contractor shall return all such members back to work.
Nothing in this section should be construed to prevent the Union having
jurisdiction over the involved work from submitting a grievance under the
procedures of Article 10 for any alleged or actual violations of Article 6 or
referring any alleged or actual prevailing wage violation to the Project Labor
Coordinator and Department of Industrial Relations for review and enforcement,
in accordance with Section 6.4.
The City shall have the right to replace any delinquent Contractor in accordance
with the terms and conditions of the applicable prime contract with the City and
applicable law.
The City is not liable for any unpaid benefits or wages, or damages that flow from
non-payment of either, regardless of any action or failure to act by the City.
ARTICLE 8
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 8.1 No Jobsite Disruption. There will be no strikes, work stoppages, picketing,
sympathy strikes, slowdowns, or other interference with the work because of
jurisdictional disputes between Unions. 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 Settlement of Jurisdictional
Disputes in the Construction Industry (the "Plan") or any successor Plan.
Section 8.2 All jurisdictional disputes on this project 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 by the Building and
Construction Trades Department. Decisions rendered shall be final and binding
and conclusive on the Contractors and Unions parties to this PLA.
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All jurisdictional disputes shall be resolved without the occurrence of any of the
activities prohibited in Article 7 (Work Stoppages and Lockouts), and the
Contractor's assignment shall be adhered to until the dispute is resolved.
Individuals violating this section shall be subject to immediate discharge.
Section 8.2.1 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
Thomas Pagan, Thomas Angelo, Robert Hirsch, and John Kagel, and the
arbitrator's hearing on the dispute shall be held at the offices of the Council
within fourteen (14) days of the selection of the arbitrator. All other procedures
shall be as specified in the Plan.
Section 8.3 Failure to Comply. If any Union or Contractor fails to immediately and fully
comply with the final decision rendered by the Plan, affected Union(s) or
Contractor(s) may seek legal redress for such conduct, including, but not limited
to, injunctive relief and/or damages.
Section 8.4 Labor Pre-iob Conference. It is required that a pre job conference be held not later
than fourteen (14) calendar days prior to the start of work by each Contractor for
the Project in accordance with the procedure described in Article 16.
ARTICLE 9
MANAGEMENT RIGHTS
Section 9.1 Contractor and Cit,, Rights. The Contractors and the City have the sole and
exclusive right and authority to oversee and manage construction operations on
Covered Projects without any limitations unless expressly limited by a specific
provision of this PLA. In addition to the following and other rights of the
Contractors enumerated in this PLA, the Contractors expressly reserve their
management rights and all the rights conferred upon them by law. The
Contractor's rights include, but are not limited to, the right to:
(a) Plan, direct, and control operations of all work; and
(b) Hire, promote, transfer, and lay off their own employees, respectively, as
deemed appropriate to satisfy work and/or skill requirements; and
(c) Promulgate and require all employees to observe reasonable job rules and
security and safety regulations; and
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(d) Discharge, suspend, or discipline their own employees for just cause; and
(e) Utilize, in accordance with City approval, any work methods, procedures,
or techniques, and select, use, and install any types or kinds of materials,
apparatus, or equipment, regardless of source of manufacture or construction; and
(0 Assign and schedule work at their discretion; and
(g) Assign overtime, determine when it will be worked and the number and
identity of employees engaged in such work, subject to such provisions in the
applicable Schedule A(s) requiring such assignments be equalized or otherwise
made in a nondiscriminatory manner.
Section 9.2 Specific City Rights. In addition to the following and other rights of the City and
Prime Contractor enumerated in this PLA, the City expressly reserves its
management rights and all the rights conferred on it by law and contract. The
City's rights (and those of the Project Labor Coordinator on its behalf) include,
but are not limited to the right to:
(a) Inspect any construction site or facility to ensure that the Contractor
follows the applicable safety and other work requirements; and
(b) At its sole option, terminate, delay, and/or suspend any and all portions of
Covered Projects at any time; prohibit some or all work on certain days or during
certain hours of the day to accommodate the ongoing operations of the City
and/or to mitigate the effect of ongoing Covered Work on businesses and
residents in the neighborhood of the Covered Project sites; and/or require any
other operational or schedule changes it deems necessary, in its sole judgment, to
meet Project deadlines and remain a good neighbor to those in the area of the
Covered Project. (In order to permit the Contractors and Unions to make
appropriate scheduling plans, City will use best efforts to provide the Project
Labor Coordinator and the affected Contractor[s] and Union[s] with reasonable
notice of any changes it requires pursuant to this section); and
(c) Approve any work methods, procedures, and techniques used by
Contractors whether or not these methods, procedures, or techniques are part of
industry practices or customs; and
(d) Investigate and process complaints or disagreements, through its Project
Labor Coordinator.
Section 9.3 Use of Materials. Subject to the terns of this Agreement, there shall be no
limitations or restrictions by the Union upon a Contractor's choice of materials or
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design, nor, regardless of source or location, upon the full use and utilization of
equipment, machinery, packaging, precast, prefabricated, prefinished,
preassembled or modular materials, products, tools, or other labor-saving devices,
subject to the application of the California Public Contract and Labor Codes.
Generally, the onsite installation or application of such items shall be performed
by the craft having jurisdiction over such work.
Section 9.4 Special Equipment, Warranties, and Guaranties.
(a) It is recognized that certain equipment of a highly technical and
specialized nature maybe installed at Covered Project sites. The nature of the
equipment, together with the requirements for manufacturer's warranties, may
dictate that it be prefabricated, pre -piped, and/or pre -wired and that it be installed
under the supervision and direction of the manufacturer's personnel. The Unions
agree that such equipment is to be installed without incident.
(b) The Parties recognize that the Contractor will initiate from time to time the
use of new technology, equipment, machinery, tools, and other labor -savings
devices and methods of performing Covered Work. The Unions agree that they
will not restrict the implementation of such devices or work methods. The Unions
will accept and will not refuse to handle, install, or work with any standardized
and/or catalogue parts, assemblies, accessories, prefabricated items, preassembled
items, partially assembled items, modular products or materials, whatever their
source of manufacture or construction.
(c) If any disagreement between the Contractor and the Unions concerning the
methods of implementation or installation of any equipment, device, or item, or
method of work arises, or whether a particular part or pre -assembled item is a
standardized or catalog part or item, the work will proceed as directed by the
Contractor, and the Parties shall immediately consult over the matter. If the
disagreement is not resolved, the affected Union(s) shall have the right to proceed
through the procedures set forth in Article 10.
ARTICLE 10
SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 10.1 Cooperation and Harmony on Site.
(a) This PLA is intended to establish and foster continued close cooperation
between management and labor. The Council shall assign a representative to this
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Project for the purpose of assisting the local Unions, and working with the Project
Labor Coordinator, together with the Contractors, to complete construction of the
Covered Projects economically, efficiently, continuously, and without any
interruption, delays, or work stoppages.
(b) The Project Labor Coordinator, the Contractors, Unions, and employees,
collectively and individually, realize the importance to all Parties of maintaining
continuous and uninterrupted performance of Covered Work, and agree to resolve
all disputes in accordance with the grievance provisions set forth in this Article or,
as appropriate, those of Article 7 or 8.
(c) The Project Labor Coordinator shall observe the processing of grievances
under this Article and Articles 7 and 8, including the scheduling and arrangement
of facilities for meetings, selection of the arbitrator from the agreed -upon panel to
hear the case, and any other administrative matters necessary to facilitate the
timely resolution of any dispute; provided, however, it is the responsibility of the
principal Parties to any pending grievance to ensure the time limits and deadlines
are met.
Section 10.2 Processing Grievances. Any disputes arising out of and during the term of this
PLA involving its interpretation and application, and all disputes involving the
interpretation or application of the applicable Schedule A's, but not alleged
violations of Articles 7 or 8, shall be considered a grievance and subject to
resolution under the following procedures.
Step 1. (a) Employee Grievances. When any employee subject to the
provisions of this PLA feels aggrieved by an alleged violation of this PLA or the
applicable Schedule A, the employee shall, through his local Union business
representative or job steward, within ten (10) 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 details of the
alleged violation and the remedy sought to resolve the matter. A grievance shall
be considered null and void if notice of the grievance is not given within the ten
(10) day period. A 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 ten (10) working days after timely notice has
been given. If they fail to resolve the matter within the prescribed period, the
grieving Party may, within ten (10) working days thereafter, pursue Step 2 of this
grievance procedure provided the grievance is reduced to writing, setting forth the
relevant information, including a short description thereof, the date on which the
alleged violation occurred, and the provision(s) of the applicable agreement
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alleged to have been violated. Grievances and disputes settled at Step 1 shall be
non-precedential except as to the Parties directly involved.
(b) Union or Contractor Grievances. Should the Union(s) or any Contractor
have a dispute with the other Party(ies) and, if after conferring within ten (10)
working days after the disputing Party knew or should have known of the facts or
occurrence giving rise to the dispute, a settlement is not reached within five (5)
additional working days, the dispute shall be reduced to writing and processed to
Step 2 in the same manner as outlined in Step 1(a) above for the adjustment of an
employee complaint.
Step 2. The business manager of the involved local Union or his designee,
together with the site representative of the involved Contractor, and the labor
relations representative of the Project Labor Coordinator shall meet within seven
(7) working days of the referral of the dispute to this second step to arrive at a
satisfactory settlement thereof 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 after the initial meeting at Step 2.
Step 3. (a) If the grievance shall have been submitted but not resolved under
Step 2, either the Union or Contractor Party may request in writing to the Project
Labor 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 selected from the agreed -upon list below, on a rotational basis in the
order listed. Those arbitrators are: (1) Robert M. Hirsch; (2) Kenneth Perea; (3)
Sara Adler; (4) John Kagel; (5) Michael Prihar; (6) Michael Rappaport; and (7)
Fred Horowitz. The decision of the arbitrator shall be final and binding on all
Parties, and the costs and expenses of such arbitrations shall be borne equally by
the involved Contractor(s) and the involved Union(s).
(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 and shall not have the authority to
change, amend, add to, or detract from any of the provisions of this PLA or the
applicable Schedule A.
Section 10.3 Limit on Use of Procedures. Procedures contained in this Article shall not be
applicable to any alleged violation of Article 7 or 8, with a single exception that
any employee discharged for violation of Section 7.2 may resort to the procedures
of this Article to determine only if he/she was, in fact, engaged in that violation.
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Section 10.4 Notice. The Project Labor Coordinator shall be notified by the involved
Contractor of all actions at Steps 2 and 3, and further, the Project Labor
Coordinator shall, upon its own request, be permitted to participate fully in all
proceedings at such steps.
ARTICLE 11
COMPLIANCE
Section 11.1 Compliance with All Laws. The Council and all Unions, Contractors, and their
employees shall comply with all applicable federal and state laws, ordinances, and
regulations including, but not limited to, those relating to safety and health,
employment, and applications for employment. All employees shall comply with
the safety regulations established by the City, the Project Labor Coordinator, and
the Contractor. Employees must promptly report any injuries or accidents to a
supervisor.
ARTICLE 12
SAFETY AND PROTECTION OF PERSON AND PROPERTY
Section 12.1 Safe .
(a) It shall be the responsibility of each Contractor to ensure safe working
conditions and employee compliance with all applicable safety laws and
regulations and any safety rules contained herein or established by City, the Prime
Contractor, or the Contractor. It is understood that employees have an individual
obligation to use diligent care to perform their work in a safe manner and to
protect themselves and the property of the Contractor and the City.
(b) All Parties and Contractor employees shall be bound by the safety,
security, and visitor rules established by CalOSHA, the Prime Contractor,
Contractor and the City. These rules will be published and posted. An employee's
failure to satisfy his/her obligations under this Section will subject him/her to
discipline, up to and including discharge.
Section 12.2 Drug and Alcohol Testing Policy. The Parties agree to adopt the Drug and Alcohol
Testing Policy attached hereto as Attachment C, which is the exclusive Drug and
Alcohol Testing Policy for the Project, except when the prime contract designates
special funding source requirements.
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Section 12.3 Inspection. All inspections shall be performed in accordance with the
requirements in the prime contract.
ARTICLE 13
TRAVEL, SUBSISTENCE AND PARKING
Section 13.1 Travel expenses, travel time, subsistence allowances and/or zone rates, and
parking reimbursements shall not be applicable to work under this PLA, except to
the extent provided for in any applicable prevailing wage determination. Parking
for employees covered by this PLA shall be provided by the Contractor(s)
according to the provision of the applicable Schedule A's.
ARTICLE 14
APPRENTICES
Section 14.1 Importance of Trainine. The Parties recognize the need to maintain continuing
support of the programs designed to develop adequate numbers of competent
workers in the construction industry, the obligation to capitalize on the availability
of the local workforce in the area served by the City, and the opportunities to
provide continuing work on Covered Projects for Local Residents. To these ends,
and consistent with any laws or regulations, the Parties will facilitate, encourage,
and assist Local Residents to commence and progress in Apprenticeship Programs
and/or apprenticeship readiness programs in the construction industry leading to
participation in such Joint -Labor Management Apprenticeship Programs. The
Project Labor Coordinator, the Contractors, the City, and the Council and Unions,
will work cooperatively to identify, or establish and maintain, effective programs
and procedures for persons interested in entering the construction industry and
which will help prepare them for entry into Apprenticeship Programs.
Apprentices, if utilized, must be enrolled in a California Apprenticeship Council -
approved Program.
Section 14.2 Use of Apprentices.
(a) The Unions and Contractors agree to cooperate in referring and employing
Apprentices up to the maximum percentage allowed by the State Labor Code and
the standards of each Joint Labor -Management Apprenticeship Program. The
minimum ratios for Apprentice to joumeyperson hours worked shall be in
compliance, at a minimum, with the applicable provisions of the California Labor
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Code relating to utilization of Apprentices. The City, unless otherwise required by
law, shall encourage such utilization, and, both as to Apprentices and the overall
supply of experienced workers, the Project Labor Coordinator will work with the
Council, Apprenticeship Programs, and Contractors to assure appropriate and
maximum utilization of Apprentices and the continuing availability of both
Apprentices and journeypersons.
(b) The Parties and Contractors will comply with all applicable laws and
regulations in the request for dispatch and employment of Apprentices.
(c) The Parties agree that Apprentices will not be dispatched to Contractors
working under this PLA unless there is a journeyperson or other Contractor
employee working on the Project where the Apprentice is to be employed who is
qualified to assist and oversee the Apprentice's progress through the program in
which he/she is participating
ARTICLE 15
LEGAL ACTION
Section 15.1 Legal Action. The City, Council and Unions recognize the substantial legal costs
(including all attorney's fees and associated disbursements) that might accrue
with regard to any legal challenge over this PLA and related to claims directly
challenging the legality of this PLA, or a particular section or language that has
been adopted herein. In the event of a legal challenge, the Council, on behalf of
itself and affiliated Unions, agrees to seek to intervene in the legal action and
actively participate in the litigation or other action to defend the legality of this
PLA, or a particular section or language herein. The failure of the Council to seek
to intervene in the legal action and actively participate to defend the legality of
this PLA will constitute a material breach of this PLA. In the event the Council is
denied leave to intervene in the legal action, the Council shall have its counsel
coordinate with counsel for the City, at the Council's own expense, regarding how
the Council can best support the City's legal position.
ARTICLE 16
Section 16.1 Each Contractor is required to conduct a pre job conference with the Unions not
later than fourteen (14) calendar days prior to commencing work. The purpose of
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the conference will be to, among other things, convey craft manpower needs, the
schedule of work for the Covered Project, project work rules, and propose
preliminary Union work assignments. The Project Labor Coordinator may work
with the Prime Contractor and Council to facilitate the scheduling of all pre job
conferences, but ensuring each Contractor conducts a pre job conference in
accordance with this Agreement is the responsibility of the Prime Contractor. All
preliminary Union work assignments shall be disclosed by each Contractor at a
pre job conference. Should there be work within the scope of a Construction
Contract for a Covered Project that was not previously assigned at a pre job
conference, or additional work be added to the scope of a Covered Project, the
Contractor(s) performing such work will conduct a separate pre job conference.
Any Union in disagreement with a proposed assignment shall notify the affected
Contractor of its position in writing, with a copy sent to the Project Labor
Coordinator, within seven (7) calendar days after the pre job conference occurred.
Within seven (7) calendar days after the period allowed for Union notices of
disagreement with the Employer's proposed assignments, but prior to the
commencement of any work, the Employer shall make final assignments in
writing with copies sent to the Project Labor Coordinator and Council.
Section 16.2 A Contractor's failure to conduct a pre job conference in accordance with this
PLA is considered a breach of contract, and any affected Union may pursue a
grievance under Article 10 of this PLA to seek a remedy for such a violation.
Provided, however, if the Contractor has conducted a pre job conference in
accordance with this PLA, that Contractor is not required to participate in any
additional pre job conferences or mark-up meetings related to the original
scope(s) of work assigned at the pre job conference.
Section 16.3 The Project Labor Coordinator may attend and facilitate each pre job conference.
At each pre job conference, the Unions shall address the programs, goals and
outcomes related to Local Resident employment.
ARTICLE 17
LABOR/MANAGEMENT AND COOPERATION
Section 17.1 Labor/Management Collaboration Meetings. The Parties will conduct periodic
labor/management cooperation meetings, which will be chaired jointly by a
designee of the City and a designee of the Council. The co-chairs shall determine
the frequency and scheduling of the meetings with the assistance of the Project
Labor Coordinator. The purpose of the meetings shall be to update the Parties
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about the progress and schedule of Covered Projects, promote harmonious and
stable labor management relations, ensure effective and constructive
communication between labor and management Parties, advance the proficiency
of work in the industry, and to evaluate and ensure an adequate supply of skilled
labor for all Covered Projects. All Parties will be invited to attend the
labor/management cooperation meetings. Substantive grievances or disputes shall
not be reviewed or discussed by this Committee but shall be processed pursuant to
the provisions of the appropriate Article.
ARTICLE 18
SAVINGS AND SEPARABILITY
Section 18.1 Savings Clause. It is not the intention of the City, the Project Labor Coordinator,
Contractor, or the Union Parties to violate any laws governing the subject manner
of this PLA. The Parties hereto agree that in the event any provision of this PLA
is finally held or determined to be illegal or void as being in contravention of any
applicable law or regulation, the remainder of the PLA shall remain in full force
and effect unless the part or parts so found to be void are wholly inseparable from
the remaining portions of this PLA. Further, the Parties agree that if and when any
provision(s) of this PLA is finally held or determined to be illegal or void by a
court of competent jurisdiction, the Parties will promptly enter into negotiations
concerning the substantive effect of such decision for the purposes of achieving
conformity with the requirements of any applicable laws and the intent of the
Parties hereto. If the legality of this PLA is challenged and any form of injunctive
relief is granted by any court, suspending temporarily or permanently the
implementation of this PLA, then the Parties agree that all Covered Projects that
would otherwise be covered by this PLA should be continued to be bid and
constructed without application of this PLA so that there is no delay or
interference with the ongoing planning, bidding, and construction of any Covered
Projects.
Section 18.2 Effect of Injunctions or Other Court Orders. The Parties recognize the right of the
City to withdraw, at its absolute discretion, the utilization of the PLA as part of
any bid specification should a court of competent jurisdiction issue any order, or
any applicable statute that could result, temporarily or permanently, in delay of
the bidding, awarding, and/or construction on the Project.
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ARTICLE 19
WAIVER
Section 19.1 Waiver. A waiver of or a failure to assert any provisions of this PLA by any or all
of the Parties hereto shall not constitute a waiver of such provision for the future.
Any such waiver shall not constitute a modification of the PLA or a change in the
terms and conditions of the PLA and shall not relieve, excuse or release any of the
Parties from any of their rights, duties, or obligations hereunder.
ARTICLE 20
AMENDMENTS
Section 20.1 Amendments. The provisions of this PLA can be renegotiated, supplemented,
rescinded, or otherwise altered only by mutual agreement in writing, hereafter
signed by the Parties.
Section 20.2 Most Favored Nation. In the event that any city with a population of 100,000 or
less (as of the effective date of this PLA) executes a project labor agreement with
the Council, the City shall maintain an option, in its sole and exclusive discretion,
to amend this PLA to contain substantively all of the provisions as that of said
project labor agreement.
ARTICLE 21
DURATION OF THE PLA
Section 21.1 Duration. This Agreement shall be effective thirty (30) days after the date when it
has been executed by both the Council and the City. The Agreement shall
continue in full force and effect for a term of three (3) years after the initial
effective date (provided, however, it shall continue in effect for all work awarded
prior to such termination date until the completion of such work). At the end of
the initial three (3) year term, this PLA shall automatically renew for an additional
term of three (3) years unless either Party provides written notice to the other at
least sixty (60) days before the expiration date of its intention to renegotiate or
terminate the PLA.
Section 21.2 Turnover and Final Acceptance of Completed Work.
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Turnover and final acceptance of Completed Work shall be in accordance with the
requirements of the prime contract and City policy. As areas and systems of the
Covered Project are inspected and construction -tested and/or approved and
accepted by the City or third parties with approval of the City, the PLA shall have
no further force or effect on such items or areas, except when the Contractor is
directed by the City to engage in repairs, modifications or warranty work required
by its Contract(s) with the City or the Prime Contractor.
Section 21.3 Continuation of Schedule A's. Schedule A's incorporated as part of this PLA shall
continue in full force and effect with regard to Covered Work, until the Schedule
A is modified by parties thereto.
The Parties agree to recognize and implement all applicable changes on their
effective dates, except as otherwise provided by this PLA; provided, however,
that any such provisions negotiated in said collective bargaining agreements will
not apply to work covered by this PLA if such provisions are less favorable to the
Contractor under the PLA than those uniformly required of Contractors for
construction work normally covered by those agreements in San Diego County;
nor shall any provision be recognized or applied if it may be construed to apply
exclusively or predominantly to work covered by this PLA. Any disagreement
between the Parties over the incorporation into a Schedule A of any such
provision agreed upon in a negotiation of the local collective bargaining
agreement that is the basis for a Schedule A shall be resolved under the
procedures established in Article 10.
Section 21.4 Final Termination. Final termination of all obligations, rights, and liabilities, and
disagreements shall occur upon action by the City Council of the City of National
City of final acceptance of the project and resolution of all matters concerning the
Covered Project.
ARTICLE 22
HELMETS TO HARDHATS
Section 22.1 Veterans Entry into Building and Construction Trades. The Parties 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 the "Center")
and the Center's "Helmets to Hardhats" program to serve as a resource for
preliminary orientation, assessment, and construction aptitude, referral to
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Apprenticeship Programs or hiring halls, counseling and mentoring, support
network, employment opportunities, and other needs as identified by the Parties.
Section 22.2 Integrated Database. 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.
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In witness whereof, the Parties have caused this Project Labor Agreement for the City to
be executed as of the date and year above stated.
Dated: 11/14/2023 SAN DIEGO BUILDING AND CONSTRUCTION
TRADES COUNCIL
rooc "s W.
By: I Z V4 .
arbi'1'l°irS`�3i�siness Manager
Dated: 11/14/2023 CITY OF NATIONAL CITY
By FDMufty by:
KDIn, k4Vriw, ,
�tufffflMt%M, Mayor
Approved as to form: a
Barry J. Sc u z, City Attorney
SIGNATORY UNIONS AND
(See Attached)
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SIGNATORY UNIONS
By:
By
Allied Workers Local 5
Boilermakers Local 92
By:
By
Bricklayer & Allied Crafts Local 4
Cement Masons Local 500 / Area 744
By:
By
Electrical Workers Local 569
Elevator Constructors Local 18
By:
By
Painters and Allied Trades Local 1399
Iron Workers Local 229
By:
By
Laborers Local 89
Plasterers Local 200
By:
By
Plaster Tenders Local 1414
Operating Engineers Local 12
By:
By
Plumbers & Pipefitters Local 230
Road Sprinkler Fitters Local 669
By:
By
Roofers & Waterproofers Local 45
Sheet Metal Workers' Local 206
By:
By
Laborers Local 1184
Teamsters Local 166
By:
By
Laborers Local 345
Tradeshow & Sign Crafts Local 831
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I�
UA Local 345
Southwest Regional Council of Carpenters
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m
Laborers Local 300
ATTACHMENT A— LETTER OF ASSENT
To be signed by all Contractors awarded work covered by the Project Labor
Agreement prior to commencing work.
[CONTRACTOR'S LETTERHEAD]
DATE
City Engineer
1243 National City Blvd
National City, CA 91950
Attention:
Re: City of National City Project Labor Agreement
Dear Sir:
This is to confirm that [Name of Company] agrees to be party to and bound by the City of
National City Project Labor Agreement, effective December 14, 2023, as such Agreement may
from time to time be amended by the negotiating Parties or interpreted pursuant to its terms.
Such obligation to be a Party and bound by this Agreement shall extend to all work covered by
the Agreement undertaken by this Company on the Project pursuant to [Contract No.
1, and this Company shall require all of its subcontractors of whatever tier to be
similarly bound for all work within the scope of the Agreement by signing and furnishing to you
an identical Letter of Assent prior to their commencement of work.
Sincerely,
[Name of Construction Company]
By:
[Name and Title of Authorized Executive]
[Copies of this Letter must be submitted to the Project Labor Coordinator and to the Council
consistent with Article 3, Section 3.31
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ATTACHMENT B-1-WORKFORCE DISPATCH REQUEST FORM
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ATTACHMENT B-2 - CONTRACTOR CORE WORKFORCE FORM
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ATTACHMENT C — DRUG AND ALCOHOL TESTING POLICY
The Parties recognize the problems that drug and alcohol abuse have created in the construction
industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the
Parties agree that in order to enhance the safety of the workplace and to maintain a drug and
alcohol -free work environment, individual Contractors shall require applicants or employees to
undergo drug and alcohol testing in accordance with this PLA and this policy, Attachment C —
Drug and Alcohol Testing Policy, hereafter "Policy."
1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or
other unlawful substances, as well as being under the influence of alcohol and the
possession of or consuming alcohol is absolutely prohibited while employees are on the
Contractor's job premises or while working on any jobsite in connection with work
performed under the PLA.
2. No Contractor may implement a drug and alcohol testing program that does not conform
in all respects to the provisions of this Policy.
3. No Contractor may implement drug and alcohol testing at any jobsite unless written
notice is given to the Union setting forth the location of the jobsite, a description of the
project under construction, and the name and telephone number of the Prime Contractor's
project manager. Said notice shall be provided at the pre job conferences for each
Covered Project. Failure to give such notice shall make any drug and alcohol testing
engaged in by the Contractor a violation of the Agreement and subject to the Article 10
grievance procedure.
4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy
shall require all craft employees on the Covered Project to be tested. With respect to
individuals who become employed on the Covered Project subsequent to the proper
implementation of a valid drug and alcohol testing program, such test shall be
administered upon the commencement of employment on the project, whether by referral
from a Union Dispatch Office, transfer from another project, or another method.
Individuals who were employed on the project prior to proper implementation of a valid
drug and alcohol testing program may only be subjected to testing for the reasons set
forth in paragraphs 5(g)(1) through 5(g)(3) and paragraphs 6(a) through 6(e) of this
Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny
employment on the project.'
5. The following procedure shall apply to all drug and alcohol testing:
a. The Contractor may request urine samples only. The applicant or employee shall not
be observed when the urine specimen is given. An applicant or employee, at his or her
sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee
of the Contractor shall draw blood from a bargaining unit employee, touch or handle
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urine specimens, or in any way become involved in the chain of custody of urine or
blood specimens. A Union Business Representative, subject to the approval of the
individual applicant or employee, shall be permitted to accompany the applicant or
employee to the collection facility to observe the collection, bottling, and sealing of the
specimen.
b. A Contractor may request an applicant or employee promptly, within four (4) hours of
the Contractor's request, perform an alcohol breathalyzer test at a certified laboratory
only, and cutoff levels shall be those mandated by applicable state or federal law.
c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental
Health Services Administration (SAMHSA), which is chosen by the Contractor and the
Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay
Technique (EMIT). In the event a question or positive result arises from the initial test,
a confirmation test must be utilized before action can be taken against the applicant or
employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry
(GC/MS). Cutoff levels for both the initial test and confirmation test will be those
established by SAMHSA and this Policy. Should these SAMHSA levels be changed
during the course of the PLA or new testing procedures are approved, then these new
regulations will be deemed as part of this existing PLA. Confirmed positive samples
will be retained by the testing laboratory in secured long-term frozen storage for a
minimum of one (1) year. Handling and transportation of each sample must be
documented through strict chain -of -custody procedures.
e. In the event of a confirmed positive test result, the applicant or employee may request,
within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory
for purposes of a second test to be performed at a second laboratory, designated by the
Union and approved by SAMHSA. The retest must be performed within ten (10) days
of the request. Chain of custody for this sample shall be maintained by the Contractor
between the original testing laboratory and the Union's designated laboratory. Retesting
shall be performed at the applicant's or employee's expense. In the event of conflicting
test results, the Contractor may require a third test, at the Contractor's expense.
f. If, as a result of the above testing procedure, it is determined that an applicant or
employee has tested positive, this shall be considered sufficient grounds to deny the
applicant or employee his/her employment on the project.
g. No individual who tests negative for drugs and alcohol pursuant to the above procedure
and becomes employed on the project shall again be subjected to drug and alcohol
testing with the following exceptions:
1) Employees who are involved in industrial accidents resulting in damage to plant,
property, or equipment or injury to him/her or others may be tested for drugs or
alcohol pursuant to the procedures stated hereinabove.
2) The Contractor may test employees following thirty (30) days' advance written
notice to the employee(s) to be tested and to the applicable Union. Notice to the
applicable Union shall be sent by certified mail to the affected Union with a copy
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to the Project Labor Coordinator. Such testing shall be pursuant to the procedures
stated hereinabove.
3) The Contractor may test an employee where the Contractor has reasonable cause to
believe that the employee is impaired from performing his/her job. Reasonable
cause shall be defined as being aberrant or unusual behavior, the type of which is a
recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack
of muscular coordination). Such behavior must be actually observed by at least two
(2) persons, one (1) of whom shall be a supervisor who has been trained to
recognize the symptoms of drug and alcohol abuse or impairment and the other of
whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job
Steward on the Covered Project, the other person shall be a member of the
applicable Union's bargaining unit. Testing shall be pursuant to the procedures
stated hereinabove. Employees who are tested pursuant to the exceptions set forth
in this paragraph and who test positive will be removed from the Contractor's
payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost while
undergoing drug and alcohol testing. Payment shall be at the applicable wage and
benefit rates set forth in the applicable Union's Master Labor Agreement. Applicants
who have been dispatched from the Union and who are not put to work pending the
results of a test will be paid waiting time until such time as they are put to work. It is
understood that an applicant must pass the test as a condition of employment.
Applicants who are put to work pending the results of a test will be considered
probationary employees.
6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on
the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee
who worked on that project three (3) working days before or after the date of the test;
b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the work
on the project;
c. Prior to start of periodic testing, a Business Representative will be allowed to conduct
an educational period on company time to explain periodic jobsite testing program to
affected employees;
d. Testing shall be conducted by an SAMHSA-certified laboratory, pursuant to the
provisions set forth in paragraph 5 hereinabove.
e. Only two (2) periodic tests may be performed in a twelve (12)-month period.
7. It is understood that the unsafe use of prescribed medication, or where the use of
prescribed medication impairs the employee's ability to perform work, is a basis for the
Contractor to remove the employee from the jobsite.
8. Any grievance or dispute that may arise out of the application of this Policy shall be
subject to the grievance and arbitration procedures set forth in the PLA.
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9. The establishment or operation of this Policy shall not curtail any right of any employee
found in any law, rule, or regulation. Should any part of this Policy be found unlawful by
a court of competent jurisdiction or a public agency having jurisdiction over the Parties,
the remaining portions of the Agreement shall be unaffected, and the Parties shall enter
negotiations to replace the affected provision.
10. Present employees, if tested positive, shall have the prerogative for rehabilitation
program at the employee's expense. When such program has been successfully
completed, the Contractor shall not discriminate in any way against the employee. If
work for which the employee is qualified exists, he/she may be reinstated.
11. The Contractor agrees that results of urine and blood tests performed hereunder will be
considered medical records held confidential to the extent permitted or required by law.
Such records shall not be released to any persons or entities other than designated
Contractor representatives and the applicable Union. Such release to the applicable Union
shall only be allowed upon the signing of a written release by the employee, and the
information contained therein shall not be used to discourage the employment of the
individual applicant or employee on any subsequent occasion.
12. Employees who seek voluntary assistance for substance abuse may not be disciplined for
seeking such assistance. Requests from employees for such assistance shall remain
confidential and shall not be revealed to other employees or management personnel
without the employee's consent. Employees enrolled in substance abuse programs will be
subject to all Contractor rules, regulations, and job performance standards with the
understanding that an employee enrolled in such a program is receiving treatment for an
illness.
13. The Contractor shall indemnify and hold the Union harmless against any and all claims,
demands, suits, or liabilities that may arise out of the application of this Policy.
14. This Policy shall constitute the only Policy in effect between the Parties concerning drug
and alcohol abuse, prevention, and testing. Any modifications thereto must be
accomplished pursuant to collective bargaining negotiations between the Parties.
-45-
DocuSign Envelope ID: 608AF037-0BB8-4A8F-A1B6-5CABDD2EF713
SPECIMEN, REPORTING CRITERIA
Initial Test Analyte
Initial Test Cutoff I
Confirmatory Test
Confirmatory Test Cutoff
Analyte
Concentration
Marijuana metabolites
50 ng/ml'
THCA
15 ng/ml
(THCA)'
Cocaine metabolite
150 ng/ml 3
Benzoylecgonine
100 ng/ml
(Benzoylecgonine)
Codeine/
2000 ng/ml
Codeine Morphine
2000 ng/ml
Morphine
2000 ng/ml
Hydrocodone/
300 ng/ml
Hydrocodone
100 ng/ml
Hydromorphone
Hydromorphone
100 ng/ml
Alcohol
0.02%
Ethanol
0.02%
Oxycodone/
100 ng/ml
Oxycodone
100 ng/ml
Oxymorphone
Oxymorphone
100 ng/ml
6-Acetylmorphine
10 ng/ml
6-Acetylmorphine
10 ng/ml
Phencyclidine
25 ng/ml
Phencyclidine
25 ng/ml
Amphetamine/
500 ng/ml
Amphetamine
250 ng/ml
Methamphetamine
Methamphetamine
250 ng/ml
MDMA4/MDA5
500 ng/ml
MDMA
250 ng/ml
MDA
250 ng/ml
Initial Test Analyte
Initial Test Cutoff
Confirmatory Test
Confirmatory Test Cutoff
Analyte
Concentration
Barbiturates
300 ng/ml
Barbiturates
200 ng/ml
Benzodiazepines
300 ng/ml
Benzodiazepines
300 ng/ml
Methadone'
300 ng/ml
Methadone
100 ng/ml
Methaqualone
300 ng/ml
Methaqualone
300 ng/ml
Propoxyphene
300 ng/ml
Propoxyphene
100 ng/ml
For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test
cutoff):
Immunoassav: The test must be calibrated with one analyte from the group identified as the target analyte.
The cross -reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater;
if not, separate immunoassays must be used for the analytes within the group.
Alternate technolo-v: Either one analyte or all analytes from the group must be used for calibration, depending
on the technology. At least one analyte within the group must have a concentration equal to or greater than the
initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's
validated limit of quantification) must be equal to or greater than the initial test cutoff.
z An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA).
Alternate technologv(THCA and benzovlecsonine):Theconfirmatory test cutoffmustbeusedfor analtemate
technology initial testthat isspecific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ not for
benzoylecgonine).
4 Methylenedioxymethamphetamine (MDMA)
5 Methylenedioxyamphetamine (MDA)
' Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired
and can safely perform their work, will not be considered to have violated this Policy.
-46-
DocuSign Envelope ID: 60BAF037-OBB8-4ABF-Ai B6-BCABDD2EF713
MEMORANDUM OF UNDERSTANDING REGARDING
"QUICK" DRUG SCREENING TESTS PURSUANT TO
ATTACHMENT C — DRUG AND ALCOHOL TESTING POLICY
It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly
implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an
applicant or employee a "quick" drug screening test. This "quick" screen test shall consist either
of the "ICUP" urine screen or similar test or an oral screen test. The applicant or employee shall
have the absolute right to select either of the two "quick" screen tests, or to reject both and
request a full drug test.
An applicant or employee who selects one of the "quick" screen tests, and who passes the test,
shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or
who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the
Policy. The sample used for the "quick" screen test shall be discarded immediately upon
conclusion of the test. An applicant or employee shall not be deprived of any rights granted to
them by the Policy as a result of any occurrence related to the "quick" screen test.
-47-
Danielle Paukner
� DocuSign Envelope ID: 60BAF037-OBBS-4A8F-A1B6-5CABDD2EF713
From: Carol Kim
Sent: Tuesday, November 7, 2023 7:00 AM
To: Danielle Paukner
Subject: Fwd: PLA Application Approved for National City PLA
Please send out for signatures. Thank you!
Carol Kim
I
San Diego County Building & Construction Trades Council
(She/Her/Hers)
3737 Camino Del Rio S. #203
San Diego, CA 92108
619.521.2914 Office
714.865.8645 Cell
Begin forwarded message:
From: NABTU <agreements@nabtu.org>
Date: November 7, 2023 at 5:50:41 AM PST
To: Carol Kim <Carol@sdbuildingtrades.com>
Subject: PLA Application Approved for National City PLA
Reply -To: agreements@nabtu.org
Hello Carol Kim:
Thank you for your application for the PLA agreement application for National City PLA. It has been
.. J
DocuSign Envelope ID: 60BAF037-OBB8-4A8F-A1B6-5CABDD2EF713
SIGNATORY UNIONS
DocuSigned by:
DocuSigned by:
By:_
M.Ic�,at.�, Pafft,vsau.
BY:
I._ Luis (kirmal,kS
IAH%d8Wmkars Local 5
I i -Local 92
By
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f Li 6vis'
Docuslgned by:
C�lvaxc.clo
1 S
�-t&Almyvv&..Allied Crafts Local 4
emen'T' asons Local 500 / Area 744
rpocuSigned by:
by:
By:I
By:
rpocuslgned
'Etd6119Vd44Wbrkers Local 569
_I
Q—%Mtru6tors Local 18
by.
DoeuSigned by:
By
"cuslgned
.l,Sfa �SGt Ahh
BY:
ItftMIWEAIlied Trades District Council 36
'ImR'Wb'ffF ff Local 229
by:
by:
By:
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By:
rpocuSigned
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fem+3189
al200
rpocuSigned by:
By:
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By:
Pstla Local 1414
—
Operating Engineers Local 12
Docuslgned by:
By:_I
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By:
kRWWv s9&PPpefitters Local 230
Operating Engineers Local 12
rpocuSigned by:
BY:
I Pain, (A6t,V"6
BY:
e&04W-aterproofers Local 45
Operating Engineers Local 12
By:`rDocuslgned
by:
By:
DocuSigned by:
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@ WEM5aal 1184
WMWAVorkers' Local 206
BY
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gQggifCfSS618al 345
g PPFWf9fl .deal 166
Docuslgned by:
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By:
[Lk
BY:
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LaaUorecs meal 300
by:
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By:�Docuslgned
��� 1'JaYrt' ou, bt,�,a�F aF l° 1AL, �Polft (WFLIB3)'''
�6W Pvt,c k
Q13Y7°5DTlMer Fitters Local 669
'3o4It 8Yieeffiifomia District Council of
Laborers
�-DocuSigned by. Docuslgned by:
By: I NA4 kti�t s By Wbr "IWMS
S6utl&eswRegional Council of Carpenters eafrisier to6al 481
Docuftrr
Certificate Of Completion
Envelope Id: 60BAF0370BB84A8FA1B65CABDD2EF713 Status: Completed
Subject: Complete with DocuSign: National City PIA - FINAL.docx, NABTU Approval - National City PLA.jpeg...
Source Envelope:
Document Pages: 52 Signatures: 25.
Envelope Originator.
Certificate Pages: 9 Initials: 0
Danielle Paukner
AutoNav: Enabled
3737 Camino del do South; #202
Envelopeld Stamping: Enabled
3737 Camino del rio South, #202
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
San Diego, CA 92108
danlelle@sdbuildingtrades.com
IP Address: 76.216.251.70
Rdcord Tracking
Status: Original
Holder: Danielle Paukner
Location: DocuSign
11/7/2023 3:36:15 PM
danlelle@sdbuildingtrades.com
Signer Events
Signaturd
Timestamp
Beau Coleman
0oce8t
Sent 11A/2023 3:47:04 PM
bwleman@loml229.org
,d��/1b�r�.��
C 1 LAAI
Viewed: 1117/20233:51:52 PM
Security Level: Email, Account Authentication
Signed: 11/7/2023 3:52:48 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 12.171.25.82
Electronic Record and Signature Disclosure:
Accepted: 5/10/2021 6:30:13 PM
ID: 8c79afl3-fc2c-4985-9d6f-87adbed3667b
Carol Kim -
ox.si°"edb,:
Sent: 11/7/2023 3:47:05 PM
carol@sdbuildingtrades.com
[eX" t Z
Resent: 11/14/2023 12:26:25 PM
Business Manager
ipp�EFp _
Viewed: 11/14/20232:28:43 PM
Security Level: Email, Account Authentication
Signed: 11/14/2023 2:29:14 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 104.28.76.147
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 11/14/2023 2:28:43 PM
ID: de285b28-c96e-4c22-b893-bba9fl9162ae
Chris Brisson
o°aus�a"ed br.
Sent: 11/7/2023 3:47:04 PM
bac4brisson@gmail.com
U As I%Ssm
C
Viewed: 11/8/2023 7:10:44 PM
Security Level: Email, Account Authentication
uasoe°cowrso_
Signed: 11/8/2023 7:11:48 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 104.173.42.100
Electronic Record and Signature Disclosure:
Accepted: 7/23/2020 3:07:06 PM
ID: 590cl7cl-4120-426d-8e46-07630694a5fa
neab:
Dave Gauthier � Sent: 11/7/2023 3:47:06 PM
dgauthier@smart206.org [�o°"rr' '�0"""`"' Viewed: 11/8/2023 6:39:31 AM
Business Manager/FST o"0spE°1°P°C° Signed: 11/8/2023 6:41:38 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using IP Address: 184.191.188.117
Electronic Record and Signature Disclosure:
Accepted: 8120/2020 11:41:51 AM
ID: 5013f7f0-2bff-0b95-8929-me549a3d3da
Signer Events Signature
Timestamp
David Casey
�"8/Iw
Sent: 1177/2023 3:47:06 PM
wsey@pl200.org
rdw�
FVZI 1p
Resent: 11/14/2023 12:26:26 PM
Chair oocnedeErrna _
Viewed: 11/14/2023 1:01:10 PM
Plasterers local 200 Signed: 11/14/2023 1:01:46 PM
Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style _
(None) Using IP Address: 47.136.153.247
Electronic Record and Signature Disclosure:
Accepted: 11/14/2023 1:01:10 PM
ID: 9e03cOl5-7877-4e87-9b9d-Obc4OO5ac7dd
Doug Hicks
mo,s m"m W.
Sent: 2/5/2024 5:47:38 PM
dhicks@wsmrpenlers.org
�i1
i/64 Riz
Resent: 2/6/2024 9:40:15 AM
Security Level: Email, Account Authentication
MaE'I 11NI`"
Viewed: 2/6/2024 11:57:22 AM
(None)
Signed: 2/6/2024 11:59:48 AM
Signature Adoption: Pre -selected Style
Using IP Address: 136.226.54.197
Electronic Record and Signature Disclosure:
Accepted: 2/6/2024 11:57:22 AM
ID: b5810001-b637-47ac-be3d-fl202ea6cObe
Ed Learn
Sent: 11/7/2023 3:47:05 PM
edleam@sodcl.org
�°o`.sm"`dW.
� �,LaJnn.
Resent: 11/14/2023 12:26:26 PM
Security Level: Email, Account Authentication
AEBFEAXB`'r"" .-
Resent: 1/4/2024 9:16:48 AM
(None)
Resent: 2/6/2024 9:40:15 AM
Signature Adoption: Pre -selected Style
Resent: 2/6/2024 3:55:21 PM
Using IP Address: 35.129.93.214
Resent: 2/21/2024 3:33:52 PM
Viewed: 2/22/2024 11:02:50 AM
Signed: 2/22/2024 11:03:05 AM
Electronic Record and Signature Disclosure:
Accepted: 2/22/2024 11:02:50 AM
ID: 452529e4-a685.4e67-b92o-b75fdd64c872
Ernesto Toscano
Sent: 11f7/2023 3:47:10 PM
hyejin.chang@dc36.org
�r^�u�.m."1°dm
hV46 thoscmh
Resent: 11/14/202312:26:27 PM
Painters and Allied Trades DC 36
OIUE00.5B0o`" .
Viewed: 11/22/2023 8:20:01 AM
Security Level: Email, Account Authentication
Signed: 11/22/2023 8:20:12 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 64.31.99.130
Electronic Record and Signature Disclosure:
Accepted: 10/5/2020 3:33:42 PM
ID: 4d63eb9a-d714-4d60-a958-2cd260751f87
Jack Alvarado
°y Sent: 1177/2023 3:47:08 PM
jack.opcmla@yahoo.corn
�°Oe"s'o"�a
�"""`� Viewed: 11/8/2023 6:46:18 AM
Security Level: Email, Account Authentication
°C8B1N00EHB0r`- Signed: 11/8/2023 6:47:08 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 173.247.163.218
Electronic Record and Signature Disclosure:
Accepted: 11/8/2023 6:46:18 AM
ID: 4d6dOf5d-af28-01f3-a106-c76cdacb0fl c
Signer Events
Signature
Timestamp
Jerem Abrams
Y
umusanm W
Sent: 11f7/2023 3:47:08PM
jabrams@ibew569.org
Resent: 11/14/2023 12:26:28 PM
Secretary
4111ceA,5aao4oe...
Resent: 1/4/2024 9:16:49 AM
Security Level: Email, Account Authentication
Resent: 2/6/2024 9:40:16 AM
(None)
Signature Adoption: Drawn on Device
Resent: 2/6/2024 3:55:22 PM
Using IP Address: 12.147.4.194
Viewed: 2/6/2024 3:56:30 PM
Signed: 2/612024 3:56:42 PM
Electronic Record and Signature Disclosure:
Accepted: 2/6/2024 3:56:30 PM
ID: bd262452-23aa-41fa-9c20-d8719lc8b746
Jon Preciado A°' uftned by:�"
jon@scdcl.org C,p% PrUiap.o
SOUTHERN CALIFORNIA DISRICT COUNCIL OF e5151MMB e44a..
LABORERS
Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style
(None) Using IP Address: 71.92.75.178
Electronic Record and Signature Disclosure:
Accepted: 2/7/2024 4:32:39 PM
ID: 4089od03-f33o-4f60-b031-6bf3b3bc9de4
Jose Estrada
jestrada@teamsteml 66.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/8/2023 9:29:02 AM
ID: e58elb51-5122-475b-a39e-933c372alld5
Jose Sanchez
lose@plaslertenderl 414.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/6/2024 4:53:32 PM
ID: d5a0b76c-6efd-48e0-89e0-4893f8bdc8ee
Luis Miramonles
Luis.Miramonles@boilermakemlocal92.org
Business Manager
Boilermaker Local 92
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/9/2023 10:11:27 PM
ID: 5d843475-a5ee4646-a73a-1 e64c4cb4d8e
Michael Patterson
michaelawl5@aol.cem
Heat & Frost Local 5
Secudty Level: Email, Account Authentication
(None)
Cuocusisned W�:I�
,�6SL �1apa
W90WcMV"ee..
Signature Adoption: Pre -selected Style
Using IP Address: 68.15.4.82
o«dsgn.dbr
or�na1W4w_.
Signature Adoption: Pre -selected Style
Using IP Address: 47.181.78,180
o«usq W W.
SEaIeECBIEO 01—
Signature Adoption: Pre -selected Style
Using IP Address: 98.97.60.29
[o sip«d W
M ic(,.ul, PaLrseu
49"Eesr5msdsr_.
Signature Adoption: Pre -selected Style
Using IP Address: 66.218.54.229
Signed using mobile
Sent: 1117/2023 3:47:09 PM
Resent: 11/14/2023 12:26:28 PM
Resent: 1/4/2024 9:16:49 AM
Resent: 216/2024 9:40:17 AM
Resent: 2/6/2024 3:55:22 PM
Viewed: 2/7/2024 4:32:39 PM
Signed: 2/7/2024 4:32:48 PM
Sent: 11/7/2023 3:47:07 PM
Viewed: 11/8/2023 9:29:02 AM
Signed: 11/8/2023 10:34:50 AM
Sent: 1/11/2024 9:49:07 AM
Resent: 2/6/2024 9:40:18 AM
Resent: 2/612024 3:55:23 PM
Viewed: 2/6/2024 4:53:32 PM
Signed: 2f7/2024 4:38:47 PM
Sent: 1117/2023 3:47:08 PM
Viewed: 11/9/2023 16:11:27 PM
Signed: 11/9/2023 10:11:57 PM
Sent: 11/7/2023 3:47:07 PM
Viewed: 11f7/2023 8:56:48 PM
Signed: 11/7/2023 8:57:02 PM
pigner Events Signature Timestamp
Electronic Record and Signature Disclosure:
Accepted: 11/7/2023 8:56:48 PM
ID: 7e8cc016-9ddb-4cc8-9cc7-5b 15fbbbb4a3
Mike Dee
�p�°iy".a br.
Sent: 11r7/2023 3:47:09 PM
msdea@locall184.com
[j'°j °
Resent: 11/14/202312:26:29 PM
Business Manager
asosnamcezwoc'
Viewed: 11/14/2023 12:44:33 PM
LIUNAI 1184
Signed: 11/15/202311:27:41 AM
Security Level: Email, Account Authentication
Signature Adoption: Drawn on Device
(None)
Using IP Address: 12.34.188.122
Electronic Record and Signature Disclosure:
Accepted: 11/14/2023 12:44:33 PM
ID: 20a95ffb-9e59-4958-ad62-116a4acf72c2
Paul Colmenero C°°`u81pna"�_a' Sent: 11/7/20233:47:11 PM
PaulC@roofers45.org Paul. (661,1&Vii Viewed: 11/7/2023 4:17:45 PM
Security Level: Email, Account Authentication U5810.8.EW.- Signed: 11/7/2023 4:17:55 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 75.24.78.215
Electronic Record and Signature Disclosure:
Accepted: 7/13/2020 11:21:20 AM
ID: 8cdlf744-d057-407e-accl-9dbcdeebl49a
Ricardo Perez
Sent: 11/7/2023 3:47:12 PM
businessmanager@ua345.org
�0oci51/pn�e°°�"
�Caf"AoP] Viewed: 1117/20234:53:10 PM
Security Level: Email, Account Authentication
Signed: 11/7/2023 4:53:20 PM
(None)
'
Signature Adoption: Pre -selected Style
Using IP Address: 66.214.253.210
Electronic Record and Signature Disclosure:
Accepted: 11/7/2023 4:53:10 PM
ID: 777d65d0-ed3948a3-a6d3-419cfef99597
Ron Morrison
Sent: 11114/2023 2:53:18 PM
rmordson@nationalcilyca.gov
p�ppCp$1pi"°°r
PON, h bmsbw Viewed: 11114/2023 3:16:09 PM
Security Level: Email, Account Authentication
Wi 8]7°fl4°1°4oa.- Signed: 11/14/2023 3:26:07 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 12.188.214.210
Electronic Record and Signature Disclosure:
Accepted: 11/14/2023 3:16:09 PM
ID: 415ced20-f96f-4836-8a56-1615a5cl95e1
SERGIO RASCON
br.
Sent: 11/7/2023 3:47:10 PM
srescon@loral300.com
CDxUSV.H
fm.I
5 ��- SIA>,"
Resent: 11/14/2023 12:26:30 PM
Business Manager
09520DIc Fr a.-
Resent: 1/4/2024 9:16:50 AM
LIUNAI LOCAL 300
Resent 2/6/2024 9:40:19 AM
Security Level: Email, Account Authentication
Signature AdopBon: Pre -selected Style
Resent: 2/6/2024 3:55:23 PM
(None)
Using IP Address: 74.62.226.146
Viewed: 2/6/2024 3:59:55 PM
Signed: 2/8/20243:46:41 PM
Electronic Record and Signature Disclosure:
Accepted: 3/4/2021 2:49:04 PM
ID: Ob2c5fc2-ldc0-4752-a9af-594b6d84d3ac
Signer Events Signature Timestamp
Steve Beringer [o Uft .db" Sent: 1117/20233:47:13 PM
Steve@UALocal230.org Sft" )aJl,nW Viewed: 11/8/2023 12:20:55 PM
Security Level: Email, Account Authentication bdflEMOR91407... Signed: 11/8/2023 12:21:52 PM
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/8/2023 12:20:55 PM
ID: af704a10-e4ba-4455-a24b-el2efd42fcf4
Todd Barry on behalf of B.M. Robert Cooper Jr
toddbarry669@gmail.com
Sprinkler Fitters UA Local 669
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/9/2023 1:42:19 PM
ID: 8ceft564299-46e9-al6d-ca4f173612cb
Signature Adoption: Pre -selected Style
Using IP Address: 184.179.125.29
Sent: 11/7/2023 3:47:12 PM
[�u �OAf 15" 61. �°I 15•M• Abe blYtr .�" Viewed: 11/7/2023 6:05:36 PM
e¢cewmn,ss..
Signed: 11/9/2023 1:42:32 PM
Signature Adoption: Pre -selected Style
Using IP Address: 24.24.244.115
Tony Ga=miga OxuSk"•d br.
tony@iuecl8.org [�t Caj7a '
Security Level: Email, Account Authentication M°B�S"'-
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/9/2023 11:36:40 AM
ID: cbac352a-d64c-4b7a-b9c8-46ddcef233b8
Val Macedo
vmacedo@loml89.org
Business Manager
UUNA Loral'(
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/13/2020 11:58:53 AM
ID: ac344e4e-3844-4c68-8b38-6ed7a33b35e9
Victor Torres
vtorms@teamsters481.org
Chairrrrustee
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11[7/2023 3:50:40 PM
ID: 471 e6365-3c6b-444e-9f5b-b6aaa65133ef
Signature Adoption: Pre -selected Style
Using IP Address: 173.196.227.98
Signed using mobile
EE�edbr.
Ata� h
327B>GN2-
Signature Adoption: Pre -selected Style
Using IP Address: 192.111.92.6
[oxus4"w M:
Vifier lam s
070"NSME1 O 7—
Signature Adoption: Pre -selected Style
Using IP Address: 174.78.58.181
Sent: 1117/2023 3:47:10 PM
Viewed: 11/9/2023 11:36:40 AM
Signed: 11/9/2023 11:37:00 AM
Sent: 11/7/2023 3:47:10 PM
Resent: 11114/202312:26:31 PM
Resent: 1/4/2024 9:16:51 AM
Resent: 2/6/2024 9:40:20 AM
Resent: 2/6/2024 3:65:24 PM
Resent: 2/21/2024 3:33:53 PM
Viewed: 2/21/2024 3:56:14 PM
Signed: 2/21/2024 3:57:01 PM
Sent: 11r7/20233:47:11 PM
Viewed: 11/7/2023 3:50:40 PM
Signed: 1117/2023 3:51:02 PM
In Person Signer Events Signature Timestamp
Editor,Delivery Events Status Timestamp
Agent Delivery Events 'Status Timestamp
Intermediary. Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy. Events
Status
Timestamp
Witness Events
Signature
Timestamp
Notary Events
Signature,
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
1 tl7/2023 3:47:14 PM
11/14/2023 2:53:18 PM
1/11/2024 9:49:07 AM
1/11/2024 9:49:07 AM
2/5/2024 5:47:37 PM
Envelope Updated Security Checked 2/5/2024 5:47:38 PM
Certified Delivered Security Checked 11/7/2023 3:50:40 PM
Signing Complete Security Checked 11/7/2023 3:51:02 PM
Completed Security Checked 2/22/2024 11:03:05 AM
Electronic Record and Signature Disclosure created on: 6/24/2020 4:23:12 PM
Parties agreed to: Beau Coleman, Carol Kim, Chris Brisson, Dave Gauthier, David Casey, Doug Hicks, Ed Learn, Ernesto Toscano, Jack Alvarado, Jeremy Abrams, Ji
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, SD Building Trades (we, us or Company) may be required by law to provide
to you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to
use electronic records and signatures' before clicking `CONTINUE' within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need fast to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact SD Building Trades:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: danielle@sdbuildingtrades.com
To advise SD Building Trades of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at danielle@sdbuildingtrades.com
and in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from SD Building Trades
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to danielle@sdbuildingtrades.com and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with SD Building Trades
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to danielle@sdbuildingtrades.com and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https:Hsunnort.docusign.com/Lruides/signer- ide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
Us Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify SD Building Trades as described above, you consent to receive
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by SD Building Trades during the course of your relationship with SD
Building Trades.