Attachment A -
Community Workforce
Agreement (2021) A8867
COMMUNITY WORKFORCE AGREEMENT
BY AND BETWEEN
THE CITY OF PALM SPRINGS
AND
SAN BERNARDINOIRIVERSIDE COL INTIES
BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL- CIO
AND THE SIGNATORY CRAFT COUNCILS AND UNIONS
City of Palm Springs CWA
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TABLE OF CONTENTS Page
ARTICLE 1 DEFINITIONS 3
ARTICLE 2 SCOPE OF THE AGREEMENT 5
ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 8
ARTICLE 4 UNION ACCESS AND STEWARDS 12
ARTICLE 5 WAGES AND BENEFITS 13
ARTICLE 6 HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS 14 ARTICLE 7 WORK STOPPAGES AND LOCKOUTS 16
ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAI. DISPUTES 20 ARTICLE 9 MANAGEMENT RIGHTS 21
ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES 23
ARTICLE 11 REGULATORY COMPLIANCE 25
ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY 25 ARTICLE 13 TRAVEL AND SUBSISTI; NCI : 26
ARTICLE 14 APPRENTICES 26
ARTICLE 15 WORKING CONDITIONS 27
ARTICLE 16 PRE - JOB CONFERENCES 28
ARTICLE 17 LABOR/ MANAGEMENT COOPERATION 28
ARTICLE 18 SAVINGS AND SEPARABILITY 29
ARTICLE 19 WAIVER 29
ARTICLE 20 AMENDMENTS 29
ARTICLE 21 DURATION OF THE AGREEMENT 30
ATTACHMENT A — LETTE: R OF ASSENT 33
ATTACHMENT B — ZIP CODES 34
ATTACHMENT C — CRAFT REQUEST FORM 39
ATTACHMENT D - LIST OF NEUTRAL ARBITRATORS 41
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CITY OF PALM SPRINGS
COMMUNITY WORKFORCE AGREEMENT
This Community Workforce Agreement (" Agreement") is entered into effective as of Au0m 3 [ , 2021, by and between the City of Palm Springs, a municipal corporation City"), the San Bernardino/ Riverside Counties Building and Construction Trades Council Trades Council"), and the signatoryCraft Councils and Local Unions signing this Agreement collectively, the " Union" or " Unions"). This Agreement establishes the labor relations policies and procedures for the City, the Contractors awarded contracts for Project Work and for the crafts persons employed by the Contractors and represented by the Unions engaged in the Project Work as more fully described below. The City, Trades Council and Unions are hereinafter referred to herein, as the context may require, as "Party" or " Parties." It is understood by the Parties to this Agreement that for the duration of this Agreement, it shall be the policy of the City, to the extent permitted by law, for all Project Work ( as defined in Sections 1.9 and 2. 2.) to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent ( a form of which is attached as " Attachment A"), and to require each of its subcontractors, of whatever tier, to become so bound. The City shall include, directly or by incorporation by reference, the requirementsof this Agreementin the advertisementof and/or specificationsfor eachand every contractfor ProjectWork to beawardedby the City.
It is further understood that the City shall actively administer and enforce the obligations of this Agreement, again to the extent permitted by law, to ensure that the benefits envisioned from it flow to all Parties, the Contractorsand crafts personsworking under it, and the residentsof the City. The City shall therefore designate a " CWA Administrator," either from its own staff or an independentcontractor, to serveasthe City' s liaison for Contractorsand other persons; monitor compliance with this Agreement; assist, as the authorized representative of the City, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purposesof the Partiesandthis Agreement; and to otherwise implement and administer this Agreement.
ARTICLE I
DEFINITIONS
Section 1. 1 " Agreement" or " CWA" means this Community Workforce Agreement.
Section 1.2 " Apprentice" means those employees indentured and participating in a Joint Labor/ Management Apprenticeship Program approved by the State of California, Department of Industrial Relations, and Division of Apprenticeship Standards.
Section 1.3 " Construction Contract" or " Construction Contracts" means any contract entered into by the City, for the construction of Project Work as specified in Section 2.2.
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Section 1.4 " Contractor" means any individual firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and which hasenteredinto a Construction Contract with the City or any of its contractorsor any of the City's or contractor's subcontractorsof any tier, with respectto the constructionof any part of a Project under contract terms and conditions approvedby the City and which incorporatethis Agreement.
Section 1. 5 " City" means the City of Palm Springs.
Section 1. 6 " Joint Labor; Management Apprenticeship Program" means a joint Union and Contractoradministeredapprenticeshipprogramcertified by the Stateof California, Department of Industrial Relations, andDivision of ApprenticeshipStandards.
Section 1.7 " Letter of Assent" meansthe document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally binds such Contractor( s) to adherence to all the forms, requirements and conditions of this Agreement in the form attached hereto as " Attachment A."
Section 1. 8 " CWA Administrator" means the City' s authorized representative who will be the liaison between the City, Contractors, and the Unions; responds to inquiries about the CWA; chargedwith monitoring compliancewith the CWA, developingand implementingprogramsset forth in the CWA including but not limited to grievance procedures.
Section 1.9 " Project", " Project Work" or " City Project" means the demolition and construction work to be performed on City property or within easementssecuredby the City consisting of the construction of public works, pursuant to a Construction Contract entered into by the City, that are estimated by the City to exceed One Million Dollars ($ 1,000, 000), as determined by the City. Projects that are estimated by the City not to exceed $ 1, 000, 000 shall not be a Project, Project Work or City Project, andshall not besubjectto this Agreement.
Section 1. 10 " Specialty Contracts" means a contract for Project Work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scopeof work (i.e. installing atoilet.)
Section 1. 11 " Master Labor Agreements" meansthe local collective bargainingagreementsof the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement.
Section 1. 12 " Subscription Agreement" means the contract between a Contractor and a Union' s Labor/ Management Trust Fund( s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of the Master Labor Agreements.
Section 1. 13 " Willful or Knowing Breach" means a default of a material term or covenant of this Agreement, which is done either willfully or knowingly, and continues following written notice by the non -defaulting party and a reasonable opportunity to cure. For purposes of this definition, " willfully" means a purpose or willingness to commit the act, or make the omission 4 City of Palm Springs CWA
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referred to, and " knowingly" means a knowledge that the facts exist that bring the act or omission within the provisions of this Agreement.
Section 1. 14 The use of masculine or feminine gender or titles in this Agreement should be construedas including both gendersand not as genderlimitations unlessthe Agreementclearly requires a different construction. Further, the use of Article titles and/ or Section headings are for information only, and carry no legal significance.
ARTICLE 2
SCOPE OF THE AGREEMENT
Section 2. 1 General This Agreement shall apply to all of the City' s Project Work, as defined in Section 1.9, performedby thoseContractor(s) of whatevertier that havecontractsawardedfor suchwork, for the developmentof the City' s facilities which, jointly, constitutethe Project, and have been designated by the City for construction or rehabilitation.
Section 2. 2 Specific Project Work covered by this Agreement is defined and limited to:
2. 2. 1 All construction and major rehabilitation work pursuant to " prime multi -trade construction contracts" that exceed one million dollars ($ 1, 000, 000) and all subcontracts flowing from theseprime multi -tradecontracts; and
2. 2. 2 All prime " Specialty Contracts," as defined in Section 1. 10 that exceed one million dollars ($ 1,000,000) and all subcontracts flowing from these specialty contracts; and
2. 2. 3 The City may, at any time and at its sole discretion, determine to build additional buildings, facilities, and other projects under this Agreement which is not otherwise covered as Project Work.
2. 2. 4 This Agreementis not intendedto, and shall not apply to any work performedat any time prior to the effective date, or after the expiration or termination of this Agreement, except as otherwise provided herein. This Agreement shall in no way limit the City' s right to terminate, modify or rescind any construction contract and;`or any related subcontract or agreement. Shouldthe City removeor terminateany contractor agreementfor constructionthat does not fail within the scope of this Agreement and thereafter authorize that work be commenced on any contract for such construction, the contract for construction shall be performed under the terms of this Agreement.
Section 2. 3 Bundling of Contracts
2. 3. 1 The City, in its sole discretion, may seek to group ( or " bundle") for bidding, contracts not meeting the threshold of Section 2.2 above. (Small contracts for like types of work, scheduledto be undertakenat the samefacility or on the sameproject site, and within the same timeframe, will be considered for such bundling, consistent with economies of scale, and the purposes of this Agreement); and
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2. 3. 2 Project Work will not be intentionally split, divided or otherwise separatedfor contract award purposes to avoid application of this Agreement.
Section 2. 4 Applicability This Agreement shalt not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.
Section 2. 5 Exclusions Items specifically excluded from the scope of this Agreement includesthefollowing:
2. 5. 1 Work of non -manual employees, including but not limited to: superintendents; teachers; supervisors ( except those covered by Master Labor Agreements above the level of general foreman); staff engineers; time keepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, executive, administrative, supervisoryand managementemployees;
2. 5. 2 Equipment and machinery owned or controlled and operated by the City;
2. 5. 3 All off -site manufacture and handling of materials, equipment or machinery; provided, however, that lay down or storageareasfor equipmentor material and manufacturing prefabrication) sites, dedicated solely to the Project, and the movement of materials or goods between such locations and a Project site are within the scope of this Agreement;
2. 5. 4 All work performed by City employees, the CWA Administrator, design teams including, but not limited to architectsengineersand masterplanners), or any other consultants for the City ( including, but not limited to, project managersandconstructionmanagersandtheir employees where not engaged in Project Work) and their sub -consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Building/Construction Inspector and Field Soils and Materials Testers ( Inspectors) are a covered craft under the Agreement. This inclusion applies to the scope of work defined in the State of California Wage Determinationfor saidCraft. This shall alsospecifically include suchwork whereit is referredto by utilization of such terms as " quality control" or " quality assurance." Every Inspector performing under the wage classification of Building/ Construction Inspector and Field Soils and Material Testers under a professional services agreement or a construction contract shall be bound to all applicable requirements of the Community Workforce Agreement ( CWA). Covered Work as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded;
2. 5. 5 Any work performednear, or leadingto a site of work coveredby this Agreement and undertakenby state, county or other governmentalbodies, or their Contractors; or by public utilities, or their Contractors; and/or by adjacentthird party landowners; andior by the City or its Contractors ( for work which is not within the scope of this Agreement);
2. 5. 6 Off - site maintenance of leased equipment and on -site supervision of such work; City of Palm Springs CWA
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2. 5. 7 Work by employeesof a manufactureror vendor supervisingthe work of Craft employees under this Agreement, necessary to maintain such manufacturers or vendor' s warranties or guaranty;
2. 5. 8 Non -construction support services contracted by the City, City consultants, the CWA Administrator, or Contractor in connection with a Project;
2. 5. 9 Laboratory work for testing.
2.5. 10 Covera eg_Exception This Agreement shall not apply if the City receives funding or assistancefrom any Federal, State, local or other public entity for the ConstructionContractif a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require bidders, contractors, or other personsor entities to enterinto an agreementwith one or more labor organi7.ations. The City agreesthat it will make reasonable efforts to establish the enforcement of this Agreement with any governmental agency or granting authority.
Section 2. 6 Awarding of Contracts for Project Work
2. 6. 1 The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on Project Work to any Contractor notwithstanding the existence or non-existenceof any agreementsbetweensuchContractorand any Union parties, provided only that such Contractor is ready, willing, and able to executeand comply with this Agreement shouldsuchContractorbe awardedwork coveredby this Agreement.
2. 6. 2 It is agreed that all Contractors of whatever tier, who have been awarded Project Work contracts, shall be required to accept and be bound to the terms and conditions of this Agreement, and shall evidencetheir acceptanceby the executionof the Letter of Assentsetforth in " Attachment A" hereto, prior to the commencement of any Project Work. At the time that any Contractor enters into a subcontractwith any subcontractorof any tier providing for the performance of the construction contract, the Contractor shall provide a copy of this Agreement to said subcontractorand shall require the subcontractor, as a part of acceptingthe award of a construction subcontract, to agreein writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project.
No Contractor or subcontractorshall commenceProject Work without having first provided a copy of the Letter of Assent as executedby it to the CWA Administrator and to the Trades Council before the commencement of Project Work.
2.6.3 Under all circumstances, the City shall retain the absolute right to select the lowestresponsiveand responsiblebidder for theawardof contractson all projects.
Section 2. 7 Master Labor Agreements
2. 7. 1 The provisions of this Agreement, including the Master Labor Agreements as such may be changedfrom time -to -time and which also are incorporatedherein by reference, City of Palm Springs CWA
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shall apply to Project Work. This Agreement is not intended to supersede such Master Labor Agreements between any of the Employers performing construction work on the Project and a Union signatory thereto except to the extent the provisions of this Agreement are inconsistent with such Master Labor Agreements, in which event the provisions of this Agreement shall apply. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement ( NTD), work within the jurisdiction of the International Union of Elevator Constructors, and all instrumentcalibration and loop checkingwork performedunderthe termsof the UA.'IBEW Joint National Agreement for Instrument and Control Systems Technicians except that Article 9 dealing with Strikes, Work Stoppages and Lock -Outs, Work Assignments and Jurisdictional Disputes, and Settlementof Grievancesand Disputesshall apply to suchwork. Where a subject is coveredby the provisionsof a Master Labor Agreementandnot in conflict with theprovisions of this Agreement, the provisions of the Master Labor Agreementshall apply. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all parties signatory hereto who are then currently employed or represented at the Project. Any dispute as to the applicable source between this Agreement and any Master Labor Agreements for determining the wages, hours of working conditions of employees on this Project shall be resolved under the procedures established in Article 10.
2. 7. 2 It is understood that this Agreement, together with the referenced Master Labor Agreements, constitutesa self-contained, stand-aloneagreementand by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, areaor national collective bargaining agreementas a condition of performing work within the scopeof this Agreement (provided, however, that the Contractor may be required to sign a uniformly applied, non-discriminatory Subscription Agreement at the request of the trustees or administrator of a trust fund establishedpursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that suchSubscriptionAgreementdoesnot purport to bind the Contractor beyond the terms and conditions of this Agreement and:'or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the appropriate Subscription Agreement, with the appropriate Craft Union prior to the subcontractor beginning work on Project Work.
Section 2. 8 Binding SignatoriesOnly This Agreementshall only be binding on the signatory Partieshereto, and shall not apply to the parents, affiliates, subsidiaries, or other venturesof any such Party not performing Project Work.
Section 2. 9 Other City Work Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performanceof any other operation, work or function not covered by this Agreement, which may beperformedby City employeesor contractedfor by the City for its own account, on its property or in and around a Project site.
Section 2. 10 Separate Liabilitx It is understoodthat the liability of the Contractor(s) and the liability of the separateUnions underthis Agreementshall be severaland not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City or CWA Administrator andior any Contractor. 8 City of Palm Springs CWA
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Section 2. 1 I Completed Project Work As areas of Project Work are accepted by the City, this Agreement 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, check- out and/or warranties functions required by its contract(s) with the City under the original contract.
ARTICLE 3
UNION RECOGNITION AND EMPLOYMENT
Section 3. 1 Recognition The Contractor recognizes the Trades Council and the Unions as the sole and exclusive bargaining representative for the employees engaged in Project Work.
Contractors further recognize that the Unions shall be the primary source of all craft labor employed on the Projects. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined below.
Section 3. 2 Contractor Selection of Employees The Contractor shall have the right to determine the competencyof all employees, the number of employeesrequired, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with Section 3.3 and Section 4. 3, below. The Contractor shall also havethe right to reject anyapplicant referredby a Union for any reason, subjectto any reporting pay required by Section 6.6; provided, however, that such right is exercisedin good faith and not for the purpose of avoiding the Contractor's commitment to employ qualified workers through the procedures endorsed in this Agreement.
Section 3. 3 Referral Procedures
3. 3. 1 For signatory Unions now having a job referral system contained in a Master Labor Agreement, the Contractor agrees to comply with such system and it shall be used exclusively by suchContractor, exceptasmodified by this Agreement. Suchjob referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non- discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of City residents and utilization of small local businesses on the Project, and to facilitate the ability of all Contractors to meet their employment needs.
3. 3. 2 The local Unions will exert their best efforts to recruit and refer sufficient numbersof skilled craft workers to fulfill the labor requirementsof the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprenticesas requestedto develop a larger, skilled workforce. The Unions will work with their affiliated regional and national unions, andjointly with the CWA Administrator andothersdesignatedby the City, to identify and refer competentcraft personsas neededfor Project Work, and to identify and hire individuals, particularly residentsof the City, for entrance into joint labor/ management apprenticeship programs, or to participate in other identified programsand proceduresto assistindividuals in qualifying and becomingeligible for 9 City of Palm Springs CWA
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such apprenticeshipprograms, all maintained to increasethe available supply of skilled craft personnelfor ProjectWork andfuture constructionof maintenancework to be undertakenby the City.
3. 3. 3 The Union shall not knowingly refer an employee currently employed by a Contractor on a covered Project to any other Contractor.
Section 3. 4 Non -Discrimination in Referral Employment, and ContraqtLng The Unions and Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatchingon the basisof race, color, religion, sex, gender, national origin, age, membershipin a labor organization, sexual orientation, political affiliation, marital status, disability or other protected class under Title 7, Section 7.09.040 of the Municipal Code of the City of Palm Springs. Further, it is recognizedthat the City hascertain policies, programs, andgoalsfor the utilization of local small businessenterprises. The Partiesshalljointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere with local small businessenterprisessuccessfully bidding for work within the scopeof this Agreementshall becarefully reviewed, andadjustmentsmadeas may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the City' s policies and commitment to its goals for the significant utilization of local small businesses as direct Contractors or suppliers for Project Work.
Section 3. 5 Emgloyment_ of City Residents
3. 5. 1 The Unions and Contractorsagreethat, to the extentallowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/ or recruit sufficient numbers of skilled craft " Local Residents" as defined herein, to fulfill the requirementsof the Employers. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project Work, the partiesagreeto supportthe hiring of workers from the residentsof thesesurrounding areas for Project Work. Towards that end, the Unions shall exert their best efforts to encourage and provide referrals and utilization of qualified workers residing in those U. S. Postal Service zip codeswhich overlap all of the City of Palm Springs, assetforth in "Attachment B" attached hereto, with Tier IA ( Palm Springs residents) who will always be the first contacted for work under this CWA. If the Unions cannot provide the Contractors in the attainment of a sufficient numberof Local Residentsfrom within the first tier zip codes, the Unions shall exert their best efforts to then recruit and identify for referral Local Residentsresidingwithin RiversideCounty.
3. 5. 2 A goal of 30% of the total work hours shall be performed from workers residing within the areas described in Section 3. 5. 1. Per Article 3. 6, referral of local residents shall be facilitated through the requirement to utilize the " Craft Employee Request Form" ( Attachment C). Accountability and monitoring requirements shall be discussed and addressed as set forth in Article 17. 2.
3. 5. 3 The Unions agree to support the operation of pre -apprentice referral programs in the City. Further, the Unions agreeto place on their referral roles or in their apprenticetraining programs, as appropriate and needed, qualified persons sent to them by designated City 10 City of Palm Springs CWA
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organizations or other organizations working with the City to increaseconstruction industry work opportunitiesfor City residents.
3. 5. 4 The Parties to this CBA support the development of increased numbers of skilled Construction Workers from among residents of the City of Palm Springs. Towards that end, the Parties agree to cooperatively seek to establish work opportunities for local residents and address Training and Employment needsin the Community. The goal is for the Careerplacementof disadvantaged and at -risk youth, Low Income and Under/ unemployed residents, Women, Minorities, LGTBQ+ members of the community, and Veterans. The Unions commit to:
a) Coordinate and participate in City basedCareer and Apprenticeship fairs and Events, including events such as Village Fest, the annual Pride festival, and the ONEPS Picnic.
Without limiting the natureof the foregoing, the Unions commit to hold at leastone (1) annual career fair in the City of Palm Springs, to provide an opportunity for Palm Springs residents to learn about careers in the building trades;
b) ProvideIndustry Speakersfor City ProgramsandOutreachEvents; c) Support Local Events and Programsdesignedto recruit and develop adequate numbers of competent workers in the Construction Industry; d) Work cooperatively with the City and Community groups to provide pre - apprenticeship training utilizing Building Trades and Union Apprenticeship readiness Programs. e) The TradesCouncil and Unions shall seekpartnershipswith the RiversideCounty Workforce Development Board, Palm Springs Unified School District, Desert Community College District, and non-profit community groups to provide construction career opportunity awarenessand outreachthroughout the City and greaterCoachellaValley. These partnerships will include Apprenticeship ReadinessPrograms, Careerawarenessthrough Job Fairs, and Pre - Apprenticeship Training. Outreachshall include a focuson demographicgroupsthat havebeen traditionally underrepresented in the Construction Industry, including, but not limited to, Women, Minorities, economically disadvantaged, LGBTQ+, and formerly incarcerated individuals.
TradesCouncil, on behalf of the Unions shall,commencingon the first anniversaryof the effective date of this CWA, submit to the City an annual written report, which provides the numberof skilled Construction Workers, including any legally permissibledemographics.
Section 3. 6 Requirements on Contractors to facilitate the dispatch of Local Residents, all Contractors will be required to utilize the Craft Employee RequestForm whenever they are requestingthe referral of any employeefrom a Union referral list for any Covered Project, a sample of which is attached as " Attachment C." When Local Residents are requested by the Employers, the Unions will refer such workers regardlessof their place in the Unions' hiring halls' list and normal referral procedures.
Section 3. 7 Helmets to Hardhats
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3. 7. 1 The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction tradesof Veteranswho are interestedin careersin the building and construction industry. The Contractors and Unions agree to utilize the servicesof non-profit Veterans support organizations, including but not limited to, the Center for Military Recruitment, Assessment and Veterans Employment ( hereinafter " Center") and the Center' s " Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessmentof construction aptitude, referral to apprenticeshipprogramsor hiring halls, counselingand mentoring, support network, employmentopportunitiesandother needsas identified by the Parties. For purposesof this Agreement the term " Eligible Veteran" shall have the samemeaning as the term " veteran" as defined under Title 5, Section 2108( 1) of the United States Code as the same may be amended or re - codified from time to time. It shall bethe responsibility of eachqualified applicantto provide the Unions with proof of his/her status as an Eligible Veteran.
3. 7. 2 The Unions and Contractors agree to coordinate with non-profit Veteran organizations, including, the Center to create and maintain an integrated database of veterans interestedin working on this Project Work andof apprenticeshipand employment opportunities for working on Project Work. To the extentpermittedby law, the Unions will give credit to such Veterans for bona fide, provable past experience.
Section 3. 8 Core Employees
3. 8. 1 Contractors not currently signatory to a Master Labor Agreement may employ, as needed, first, a member of his core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five ( 5) core employees are employed, thereafter, all additional employeesin the affectedtradeor craft shall be requisitionedfrom the craft hiring hall in accordance with Section 3. 3. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for an employer with 10 or fewer employees, assuming the remaining employees are qualified to undertake the work available. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a project site.
3. 8. 2 The core work force is comprised of those employees whose names appeared on the Contractor's active payroll for sixty (60) of theone hundred (100) working daysimmediately before award of Project Work to the Contractor; who possessany license required by state or federal law for the Project Work to be performed; who have the ability to safely perform the basicfunctions of the applicabletrade and who have beenresiding within RiversideCounty for the one hundred ( 100) working days immediately prior to the award of Project Work to the Contractor.
3. 8. 3 Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the CWA Administrator and the Trades Council.
Failure to do so will prohibit the Contractor from using any core employees. Upon requestby 12 City of Palm Springs CWA
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any Party to this Agreement, the Contractorhiring any core employeeshall provide satisfactory proof ( i.e., payroll records, quarterly tax records, driver's license, voter registration, postal addressand suchgovernmentaldocumentation) evidencingthe core employee's qualification as a core employee to the CWA Administrator and the Trades Council.
Section 3. 9 Time for Referral If any Union' s registration and referral system does not fulfill the requirementsfor specific classificationsrequestedby any Contractorwithin forty-eight 48) hours ( excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services, and may employ applicants meeting such classification from any other available source. The Contractors shall inform the Union of any applicants hired from other sources and such applicants shall register with the appropriate hiring hall, if any, before commencing work.
Section 3. 10 Lack of Referral Procedure If a signatory Union does not have a job referral systemas set forth in Section3.3 above, the Contractorsshall give the Union equal opportunity to refer applicants. Contractors shall notify the Union of employees so hired, as set forth in Section 3. 5.
Section 3. 11 Union Security Employees are not required to become or remain union members or pay dues or fees 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 beenauthorized by employeesin writing in accordancewith the applicableMaster Agreement.
Nothing in this Section 3. 11 is intended to supersede the requirements of applicable Master Agreements as to those Employers otherwise signatory to such Master Agreements and as to the employeesof thoseEmployerswho areperforming CoveredWork.
Section 3. 12 Individual Seniority Except as provided in Section 4.3, individual seniority shall not be recognizedor applied to employeesworking on Project Work; provided, however, that group and/or classification seniority in a Union' s Master Labor Agreementas of the effective date of this Agreement shall be recognized for purposes of layoffs.
Section 3. 13 Foremen The selection and number of craft foreman andlor general foreman shall be the responsibility of the Contractor. All foremen shall take ordersexclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors.
Section 3. 14 Out of StateWorkers In determining compliancewith thetargetedhiring goalsof Section 3.5 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation.
ARTICLE 4
UNION ACCESS AND STEWARDS
Section 4. 1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and 13 City of Palm Springs CWA
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furtherprovidedthatsuchrepresentativesshall notify the personchargedwith on -site project supervisionandfully comply with postedvisitor, securityandsafetyrules.
Section 4. 2 Stewards
4. 2. 1 EachsignatoryUnion shall havethe right to dispatcha working journeypersonas a stewardfor eachshift, and shall notify the Contractorin writing of the identity of the designatedstewardor stewardsprior to the assumptionO[ suchperson's duties assteward. Such designatedsteward or stewardsshall not exerciseany supervisory functions. There will be no non -working stewards. Stewardswill receivethe regularrateof pay for their respectivecrafts.
4. 2. 2 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 samewith the employee's appropriatesupervisor. Each steward should be concernedonly with the employees of the steward' s Contractor and, if applicable, subcontractor( s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his:'her Union duties.
4. 2. 3 When a Contractor has multiple, non- contiguous work locations at one site, the Contractor may requestand the Union shall appoint such additional working stewardsas 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.
4. 2. 4 The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.
Section 4. 3 Steward Layoff/ Discharge Contractor agreesto notify the appropriate Union twenty-four (24) hoursbeforethe layoff of a steward, exceptin the caseof disciplinary discharge forjust cause. If thestewardis protectedagainstsuchlayoff by theprovisionsof theapplicable Master Labor Agreement, such provisions shall be recognizedwhen the stewardpossessesthe necessary qualifications to perform the remaining work. In any case in which the steward is dischargedor disciplinedfor just cause, theappropriateUnionwill be notifiedimmediatelyby theContractor, andsuchdischargeor disciplineshallnotbecomefinal (subjectto any laterfiled grievance) until twenty-four (24) hoursaftersuchnotice hasbeengiven.
Section 4. 4 Employees on Non - Project Work On work where the personnelof the City may be working in close proximity to the construction activities covered by this Agreement, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with the City personnel, or with personnelemployed by the any other employer not a Party to this Agreement.
ARTICLE 5
WAGES AND BENEFITS
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Section 5. 1 Wages All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classificationsin compliancewith the applicableprevailing wage rate determinationestablished pursuantto applicablelaw. If a prevailing rate increasesunder law, the Contractorshall pay that rateas of its effective date underthe law. This Agreementdoesnot relieve Contractorsdirectly signatory to a Master Labor Agreement with one of the Unions signing this Agreement from paying all of the wages set forth in such Agreements.
Section 5. 2 Benefits
5. 2. 1 Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate Master Labor Agreement and make all ernployee— authorized deductions in the amounts designated in the appropriate Master Labor Agreement; however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. This Agreement does not relieve Contractors directly signatory to one or more of the Master Labor Agreements from making all contributions set forth in those Master Labor Agreements without reference to the foregoing.
5. 2. 2 The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement( s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administerthe trust funds and herebyratifies and acceptsthe trusteesso appointedas if madeby the Contractor.
5. 2. 3 Each Contractor and subcontractor is required to certify to the CWA Administrator that it has paid all benefit contributions due and owing to the appropriate Trust( s) prior to the receipt of its final paymentand/or retention. Further, upon timely notification by a Union to the CWA Administrator, the CWA Administrator shall work with any prime Contractor or subcontractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting the City or the prime Contractor to withhold payments otherwiseduesuchContractor, until suchcontributionshavebeenmadeor otherwiseguaranteed.
Section 5. 3 Wage Premiums Wage premiums, including but not limited to pay basedon height of work, hazardpay, scaffold pay and special skills shall not be applicableto work under this Agreement, except to the extent provided for in any applicable prevailing wage determination.
ARTICLE 6
HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS
Section 6. 1 Hours of Work Eight ( 8) hours per day between the hours of 6:00 a.m. and 5:30 p. m., plus one-half ('/ z) hour unpaid lunch approximately mid -way through the shift, shall constitute the standard work day. Forty ( 40) hours per week shall constitute a regular week' s work. The work week will start on Sundayand concludeon Saturday. The foregoing provisions of this Article are applicable unless otherwise provided in the applicable prevailing wage 15 City of Palm Springs CWA
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determination, or unlesschangesare permitted by law and suchare agreedupon by the Parties.
Nothing herein shall be construedasguaranteeingany employeeeight (8) hoursper day or forty 40) hoursper week, or a Monday through Friday standardwork schedule.
Section 6. 2 Place of Work Employeesshall be at their place of work ( as designatedby the Contractor), at the starting time and shall remain at their place of work, performing their assignedfunctions, until quitting time. The place of work is defined as the gang or tool box or equipment at the employee's assignedwork location or the place where the foreman gives instructions. The Partiesreaffirm their policy of a fair day's work for a fair day's wage. Except as provided in Section 6.6, there shall be no pay for time not worked unlessthe employee is otherwise engaged at the direction of the Contractor.
Section 6. 3 Overtime Overtime shall be paid in accordance with the requirements of the applicable prevailing wage determination. There shall be no restriction on the Contractor' s scheduling of overtime or the nondiscriminatory designation of employees who will work overtime. Thereshall beno pyramiding of overtime (paymentof more thanoneform of overtime compensation for the same hour) under any circumstances.
Section 6. 4 Shifts and Alternate Work Schedules
6. 4. 1 Alternate starting and quitting time and/or shift work may be performed at the option of the Contractor upon three ( 3) days' prior notice to the affected Union( s), unless a shorter notice period is provided for in the applicable Master Labor Agreement If two shifts are worked, each shall consist of eight ( 8) hours of continuous work exclusive of a one- half (` z) hour non -paid lunch period, for eight (8) hourspay. The last shift shall start on or before 6:00 p.m.
The first shift starting at or after 6:00 a.m. is designated as the first shift, with the second shift following.
6. 4. 2 Contractors, the Trades Council and the Union recognize the economic impact upon the City and City residentsof the Project being undertakenby the City and agreethat all Parties to this Agreement desire and intend Project Work to be undertaken in a cost efficient and effective mannerto the higheststandardof quality and craftsmanship. Recognizingthe economic conditions, the Partiesagreethat, exceptto the extent permitted by law, employeesperforming Project Work shall not be entitled to any differentials or additional pay basedupon the shift or work scheduleof theemployees. Instead, all employeesworkingon ProjectWorkshallbepaid at the same base rate regardless of shift or work schedule worked.
6. 4. 3 Becauseof operational necessities, the secondshift may, at the City' s direction, be scheduledwithout the preceding shift having beenworked. It is recognizedthat the City' s operationsand/or mitigation obligations may require restructuring of normal work schedules.
Except in an emergencyor when specified in the City' s bid specification, the Contractor shall give affected Union( s) at least three (3) days' notice of such schedule changes.
Section 6. 5 Holidays Recognized holidays for Project Work shall be those set forth and governed by the prevailing wage determination( s) applicable to such Project Work. 16 City of Palm Springs CWA
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Section 6. 6 Show -up Pay
6. 6. 1 Except as otherwise required by State law, Employees reporting for work and for whom no work is provided, except when given prior notification not to report to work, shall receive two ( 2) hours pay at the regular straight time hourly rate. Employees who are directed to start work shall receivefour (4) hoursof pay at the regularstraight time hourly rate. Employees who work beyondfour (4) hoursshall bepaid for actual hoursworked. Wheneverreporting pay is provided for employees, they will be required to remain at the Project Site and available for work for suchtime asthey receivepay, unlessreleasedearlier by the principal supervisorof the Contractor( s) or his/ her designated representative. Each employee shall furnish his..'her Contractor with his/her current address and telephone number, and shall promptly report any changes to the Contractor.
6. 6. 2 An employee called out to work outside of his: -her shift shall receive a minimum of two ( 2) hours pay at the appropriate rate. This does not apply to time worked as an extension of ( before or after) the employee' s normal shift.
6. 6. 3 When an employee leaves the job or work location of his/her own volition, or is dischargedfor causeor is not working asa result of the Contractor's invocation of Section 12.3, theemployeeshall only bepaid for actualtime worked.
Section 6. 7 Meal Periods The Contractor will schedulea meal period of no more than one- half hour duration at the work location at approximately mid -point of the schedule shift; provided, however, that the Contractor may, for efficiency of the operation, establish a schedule which coordinatesthe meal periodsof two or more crafts. An employeemay be requiredto work through his mealperiod becauseof anemergencyor a threatto life or property, or for suchother reasons as are in the applicable Master Labor Agreement, and if he is so required, he shall be compensated in the manner established in the applicable Master Labor Agreement.
Section 6. 8 Make- up Days To the extent permitted by the applicable Master Labor Agreement (MLA) determination, when an employee has been prevented from working for reasons beyond the control of the employer, including, but not limited to inclement weather or other natural causes, during the regularly scheduledwork week, a make-up day may be worked on a non -regularly scheduled work day for which an employee shall receive eight ( 8) hours pay at the straight time rate of pay or any premium rate required for such hours under the state prevailing wage law.
ARTICLE 7
WORK STOPPAGES AND LOCK - OUTS
Section 7. 1 No Work Stoppages or Disruptive Activity The Trades Council and the Unions signatory hereto agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condoneor participatein any strike, walk -out, slow- down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any causeor disputewhatsoeverwith respectto or in any way relatedto Project Work, or which interferes with or otherwise disrupts, Project Work, or with respectto or related to the City or 17 City of Palm Springs CWA
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Contractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is arbitrable. Any such actions by the Trades Council, or Unions, or their members, agents, representatives or the employees they represent shall constitute a violation of this Agreement.
The TradesCouncil and the Union shall take all stepsnecessaryto obtain compliancewith this Article and neither should be held liable for conduct for which it is not responsible.
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 Agreement.
Section 7. 3 Standing to Enforce The City, the CWA Administrator, or any Contractor affected by an alleged violation of Section 7. 1 shall have standing and the right to enforce the obligations established therein.
Section 7. 4 Expiration of Master Labor Agreement If the Master Labor Agreement, or any local, regional, and other applicable collective bargaining agreementsexpire during the term of the Project, the Union( s) agree that there shall be no work disruption of any kind as described in Section7.1 above as a result of the expiration of any such agreement(s) having application on this Project and/ or failure of the involved Parties to that agreement to reach a new contract.
Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected:
7. 4. 1 Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates and employer contribution ratesto employeebenefit funds under the prior contractdifferent from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union' s interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Riverside County.
7. 4. 2 Eachof the Unions with a contractexpiring mustoffer to continueworking on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contractagreesto the following retroactiveprovisions: if a new Master Labor Agreement, local, regional or other applicable labor agreementfor the industry having application at the Project is ratified and signed during the term of this Agreementand if such new labor agreementprovides for retroactive wage increases, then each affected Contractor shall pay to its employeeswho performedwork coveredby this Agreementat the Projectduring the hiatusbetweenthe effective datesof suchexpired and new labor agreements, an amount equalto any suchretroactive wage increaseestablishedby such new labor agreement, retroactive to whatever date is provided by the new labor agreementfor such increaseto go into effect, for eachemployee's hours worked 18 City of Palm Springs CWA
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on the Projectduring the retroactiveperiod. All Partiesagreethat suchaffectedContractorsshall be solely responsible for any retroactive payment to its employees.
7. 4. 3 Some Contractors may elect to continue to work on the Project under the terms of the interim agreementoption offered underparagraph7.4.1 and other Contractorsmay elect to continue to work on the Project under the retroactivity option offered under paragraph 7.4.2. To decide betweenthe two options, Contractorswill be given one week after the particular labor agreementhasexpiredor oneweek after the Union haspersonallydeliveredto the Contractorsin writing its specific offer of terms of the interim agreement pursuant to paragraph 7.4.1, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected the provisions of 7.4.2.
Section 7. 5 No Lockouts Contractors shall not cause, incite, encourage, condone or participate in any lock -out of employeeswith respectto Project Work during the term of this Agreement. 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 layoff of employeesby the Contractor for any reasonin the exerciseof rights pursuantto any provision of this Agreement, or any other agreement, nor does " lock - out" include the City' s decision to stop, suspendor discontinueany ProjectWork or any portion thereof for any reason.
Section 7. 6 Best Efforts to End Violations
7. 6. 1 If a Contractorcontendsthat there is any violation of this Article or Section8.3, it shall notify, in writing, the Executive Secretaryof the TradesCouncil, the Senior Executiveof the involved Union(s) and the CWA Administrator. The Executive Secretaryand the leadership of the involved Union(s) will immediately instruct, order and usetheir bestefforts to causethe cessation of any violation of the relevant Article.
7. 6. 2 If the Union contendsthat any Contractor has violated this Article, it will notify that the Contractor and the CWA Administrator, setting forth the facts which the Union contends violate the Agreement, at least twenty-four ( 24) hours prior to invoking the proceduresof Section 7.8. The CWA Administrator shall promptly order the involved Contractor( s) to cease any violation of the Article.
Section 7. 7 Withholding of servicesfor failure to paywagesand fringe benefits
7. 7. 1 Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members ( but not the right to picket) from a particular Contractor who.
a) Fails to timely pay its weekly payroll; or
b) Fails to make timely payments to the Union' s Joint Labor/ Management Trust Funds in accordancewith the provisions of the applicable Master Labor Agreements. Prior to withholding its members' services for the Contractor' s failure to make timely payments to the Union' s Joint 19 City of Palm Springs CWA
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Labor/ Management Trust Funds, the Union shall give at least ten ( 10) days (unless a lesser period of time is provided in the Union' s Master Labor Agreement, but in no event lessthan forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractor and to the City. Union will meet within the ten ( 10) day period to attempt to resolve the dispute.
7. 7. 2 Upon the paymentof the delinquentContractorof all moniesdue and then owing for wages and/ or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work.
Section 7. 8 Expedited Enforcement Procedure Any party, including the City, which the Partiesagreeis a Partyto the Agreementfor purposesof this Article and an intendedbeneficiary of this Article, or theCWA Administrator, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 7.1 or 7.5, above, or Section 8. 3 is alleged.
7. 8. 1 The Party invoking this procedure shall notify Fred Horowitz, or Louis Zigman, Subject to Confirmation] who have beenselected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrators under this procedure. If the permanent arbitrators are unavailable at any time, any one of the permanent Arbitrators who is notified shall appoint his alternate to hear the matter. Expensesincurred in arbitration shall be borne equally by the Partiesinvolved in the arbitration and the decisionof the arbitrator shall be final and binding on the Parties, provided, however, that the arbitrator shall not havetheauthority to alter or amendor add to or delete from the provisions of this Agreement in any way. 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 TradesCouncil if it is a Union allegedto be in violation. For purposesof this Article, written notice may be given by telegram, facsimile, handdelivery or overnight mail and will be deemed effective upon receipt.
7. 8. 2 Upon receipt of said notice, the arbitrator named above or his. -her alternate shall sit and hold a hearing within twenty- four ( 24) 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 ExecutiveSecretaryandthe SeniorOfficial( s) asrequiredby Section7.6, asabove.
7. 8. 3 The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed24 hours unlessotherwiseagreedupon by all Parties. A failure of any Party or Partiesto attend said hearingsshall not delay the hearingof evidenceor the issuanceof any awardby the arbitrator.
7. 8. 4 The sole issue at the hearing shall be whether or not a violation of Sections 7. 1 or
7.5, above, or Section8.3 hasin fact occurred. The arbitrator shall haveno authority to consider any matter in justification, explanation or mitigation of such violation. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issuedwithout an 20 City of Palm Springs CWA
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opinion. If any Party desires a written opinion, one shall be issued within fifteen ( 15) days, but its issuanceshall not delay compliancewith, or enforcementof, the Award. The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such award shall be served on all Parties by hand or registered mail upon issuance.
7. 8. 5 Such award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documentsreferredto herein abovein the following manner. Written notice of the filing of such enforcementproceedingsshall begiven to the other Party. In anyjudicial proceedingto obtain a temporary order enforcing the arbitrator' s award as issued under 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 court' s order or orders enforcing the arbitrator's award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement ( for a Union), as shown on their business contract for work under this Agreement (for a Contractor) andto the representingUnion (for an employee), by certified mail by the Party or Partiesfirst alleging theviolation.
7. 8. 6 Any rights created by statute or law governing arbitration proceedings inconsistentwith the aboveprocedureor which interferewith complianceheretoare hereby waived by the Parties to whom they accrue.
7. 8. 7 The feesand expensesof the arbitrator shall beequally divided betweenthe Party or Partiesinitiating this procedureandthe respondentParty or Parties.
ARTICLE 8
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 8. 1 Assignmentof Work, The assignment of Project Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry ( the " Plan") or any successor Plan.
Section 8. 2 The Plan
8. 2. 1 All jurisdictional disputeson Project Work betweenor among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan establishedby the Building and Construction Trades Departmentor any other plan or method of procedurethat may be adoptedin the future by the Building and Construction Trades Department. Decisions renderedshall be final, binding and conclusive on the Employers and Unions parties to this Agreement.
8. 2. 2 If a disputearising underthis Article involves the SouthwestRegionalCouncil of Carpentersor any of its subordinatebodies, an Arbitrator shall be chosenby the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, [ Subject to Confirmation] and the Arbitrator' s 21 Clry of Palm Springs CWA
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hearingon the disputeshall be held at the offices of the TradesCouncil within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.
Section 8. 3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolvedwithout the occurrenceof any strike, work stoppage, or slow -down of any nature, and the Employer's assignmentshall be adheredto until thedisputeis resolved. Individuals violating this section shall be subject to immediate discharge.
Section 8. 4 Pre -Job Conferences As provided in Article 16, each Contractor will conduct a prejob conference with the appropriate affected Union(s) prior to commencing work. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish.
Section 8. 5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand -billing or otherwiseadvising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputesoccurs, the Partiesshall exhaustthe expeditedproceduresset forth in the Plan, if such proceduresare in the plan then currently in effect, or otherwise as in Article 7 above.
ARTICLE 9
MANAGEMENT RIGHTS
Section 9. 1 Contractor and City Rights The Contractors and the City have the sole and exclusive right and authority to oversee and manage construction operations on Project Work without any limitations unless expressly limited or required by a specific provision of this Agreement or an MLA. In addition to the following and other rights of the Contractors enumeratedin this Agreement, the Contractorsexpresslyreservetheir managementrights andall 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 operationsof all work in the mannerrequired by, and in compliance with, the contract document, including but not limited to, plans, specifications, and scope of work under contract;
b) Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and!or skill requirements;
c) Promulgateandrequireall employeesto observereasonablejob rulesandsecurity and safety regulations;
d) Discharge, suspendor discipline their own employeesfor just cause; e) Utilize, in accordancewith City approval, any work methods, proceduresor techniques, and select, use and install any types or kinds of materials, apparatus or 22 City of Palm Springs CWA
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equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and
f) Assign overtime, determinewhen it will be worked and the number and identity of employeesengagedin such work, subjectto such provisions in the applicable Master Labor Agreement ( 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 enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. T'he City' s rights ( and those of the Contract Administrator 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 to insure compliance with contract documents, including but not limited to, plans, specifications, and scope of work under contract;
b) Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at a particular location;
c) At its sole option, terminate, delay and::or suspend any and all portions of the covered work at any time; prohibit someor all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City' s Facilities and/or to mitigate the effect of ongoing Project Work on businessesand residents in the neighborhood of the Project site; and/ or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of its facilities. ( In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the CWA Administrator, and the affected Contractor(s) and Union(s) with reasonablenotice of any changesit requirespursuantto this section; provided, however, that if notice is not provided in time to advise employeesnot to report for work, show -up pay shall be due pursuant to the provision of Article 6, Section 6.6);
d) Approve any work methods, procedures and techniques used by Contractors whether or not these methods, proceduresor techniques are part of industry practices or customs; and
e) Investigate and process complaints, through the CWA Administrator, in the matter set forth in Articles 7 and 10.
Section 9. 3 Use of Materials Thereshouldbe no limitations or restriction by Union upon a Contractor' s choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembledmaterials, tools or other labor savingdevices, subjectto the applicationof the State 23 City of Palm Springs CWA
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Public Contracts and Labor Codes as required by law. The onsite installation or application of suchitems shall beperformedby the craft havingjurisdiction over suchwork.
Section 9. 4 Special Equipment, Warranties and Guaranties
9. 4. 1 It is recognizedthat certain equipmentof a highly technicaland specializednature may be installed at Project Work 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 City' s and:`or manufacturer' s personnel. The Unions agree to install such equipment without incident to insure compliance with the specifications for the equipment being installed and to insure compliance with contract documents, including but not limited to, plans, specifications, and scopeof work under contract.
9. 4. 2 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 Project Work. The Union agrees 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 standardizedand/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.
9. 4. 3 If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whethera particular part or pre -assembleditem is a standardizedor catalogpart or item, the work will precedeas directed by the Contractor and the Partiesshall 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.
Section 9. 5 No Less Favorable Treatment The parties agree that Project Work will not receivelessfavorabletreatmentthanthat on any otherproject which the Unions, Contractorsand employees work.
ARTICLE 10
SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 10. 1 Cooperation and Harmony on Site
10. 1. 1 This Agreement is intended to establish and foster continued close cooperation between management and labor. The Trades Council shall assign a representative to this Project for thepurposeof assistingthe local Unions, andworking with the CWA Administrator, together with the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages.
10.1.2 The CWA Administrator, the Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and 24 City of Palm Springs CWA
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uninterrupted performance of the Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 7 or 8.
10.1.3 The CWA Administrator shall oversee the processing of grievances under this Article and Articles 7 and 8, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed -upon panel to hear the case, and any other administrative matters necessaryto facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met.
Section 10. 2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the Master Labor Agreement, but not jurisdictional disputes or alleged violations of Section 7. 1 and 7.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures.
A. Employee Grievances
Step 1. When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, 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. 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 resolve 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 grievanceprocedure 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 Agreement 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/ 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) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in Step 1 above for the adjustment of an employee complaint.
St. ep 2. The business manager of the involved Union or his designee, together with the site representative of the involved Contractor, and the labor relations 25 City of Palm Springs CWA
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representative of the CWA Administrator, 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 appealedin writing in accordancewith the provisions of Step3 within seven (7) calendardaysafter the initial meetingat Step2.
St.. ep3. ( a) If the grievance shall have been submitted but not resolved under Step2, either the Union of ContractorParty may requestin writing to the CWA Administrator ( with copy( ies) to the other Party( ies) within seven 7) calendardays after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list in Attachment ( D)" attached hereto, on a rotational basis in the order listed.
The CWA Administrator shall notify the parties to the grievance of the date, time and location of the hearing. The failure of any party to attend saidhearingshall not delay the hearingof evidenceor the issuanceof any decision by the arbitrator. The decision of the arbitrator shall be final and binding on all parties. Should any party seek confirmation of the award madeby the arbitrator, the prevailing party shall be entitled to receive its reasonable attorney fees and costs.
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 consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisionsonly on issuespresentedandshall not havethe authority to change, amend, add to or detract from any of the provisions of this Agreement.
c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties ( i.e. conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union( s) and Contractor( s) involved.
C. Union/ City Grievances
This provision shall be the sole and exclusive remedy for alleged violations of the Agreement betweenthe City and the Unions. Shouldthe Union or the City havea grievancefor a violation of this Agreement againstthe other party, the Council and the City Manager, or his designee, shall meet in an attempt to resolve the grievance. If these parties are unable to resolve the matter, either party may request that the grievance be submitted to final and binding arbitration in accordance with the process set forth in Section 10.2 Step 3, above. The City shall not be liable for monetarydamagesunlessthe Arbitrator, selectedby the parties, finds a willful or knowing breachof this Agreementby the City.
26 City of Palm Springs CWA
55575. 18000\ 33985938. 2
Section 10. 3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 7 or 8, with a single exception that any employee dischargedfor violation of Section 7.2, or Section 8.3, may resort to the proceduresof this Article to determine only if he/she was, in fact, engaged in that violation.
Section 10. 4 Notice The CWA Administrator ( and the City, in the case of any grievance regarding the Scope of this Agreement), shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the CWA Administrator shall, upon its own request, be permitted to participate fully as a party in all proceedings at such steps.
ARTICLE I I
REGULATORY COMPLIANCE
Section 11. 1 Compliance with All Laws The Trades 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 CWA Administrator or the Contractor. Employees must promptly report any injuries or accidents to a supervisor.
Section 11. 2 Prevailing Wage Compliance All Contractors shall comply with the state laws and regulations. Compliance with this obligation may be enforced by the appropriate parties through Article 10 above, or by pursing the remedies available under state law through the Labor Commissioner or the Department of Industrial Relations.
Section 11. 3 Violations of Law Should there be a finding by the City or a Court or administrative tribunal of competent jurisdiction that a Contractor has violated federal and/or state law or regulation, the City, upon notice to the Contractor that it or its subcontractors is in such violation ( including any finding of non-compliance with the California prevailing wage obligations as enforced pursuant to DIR regulations), and in the absence of the Contractor or subcontractor remedying such violation, may take such action as it is permitted by law or contract to encourage that Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work.
Additionally, in accordancewith the Agreement betweenthe City and the Contractor, the City may cause the Contractor to remove from Project work any subcontractor who is in violation of state or federal law.
ARTICLE 12
SAFETY AND PROTECTION OF PERSON AND PROPERTY
Section 12. 1 Safety
12.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions andemployeecompliancewith any safetyrulescontainedhereinor establishedby the City or the Contractor, whichever is most restrictive shall apply. It is understood that employees have an 27 City of Palm Springs CWA
55575 18000\ 33985938. 2
individual obligation to usediligent careto perform their work in a safemannerand to protect themselvesandthe propertyof the Contractorandthe City.
12.1.2 Employees shall be bound by the safety, security and visitor rules established by the Contractorand/or the City. Theserules will be publishedand posted. An employee's failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge.
12.1.3 The Parties shall adopt the Substance Abuse Policy attached hereto as Attachment " E," which shall be the policy and procedure utilized under this Agreement.
Section 12. 2 Suspension of Work for Safety A Contractor may suspend all or a portion of the job to protect the life and safety of employees. In such cases, employeeswill be compensated only for the actual time worked; provided, however, that where the Contractor requests employees to remain at the site and be available for work, the employees will be compensated for stand-by time at their basichourly rateof pay.
Section 12. 3 Water and Sanitary Facilities The Contractor shall provide adequate supplies of drinking waterandsanitaryfacilities for all employeesasrequiredby statelaw or regulation.
ARTICLE 13
TRAVEL AND SUBSISTENCE
Travel expenses, travel time, subsistence allowances, zone rates and parking reimbursements shall be paid in accordance with the applicable Master Labor Agreement unless supersededby the applicableprevailing wagedetermination.
ARTICLE 14
APPRENTICES
Section 14. 1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the constructionindustry, theobligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist local residents to commence and progress in LaborNanagement Apprenticeship and/or training Programsin the construction industry leading to participation in suchapprenticeshipprograms.
The City and the TradesCouncil, will work cooperatively to identify, or establishand maintain, effective programs and proceduresfor personsinterestedin entering the construction industry and which will help prepare them for the formal joint laborlmanagementapprenticeship programs maintained by the signatory Unions.
Section 14. 2 Use of Apprentices
14. 2. 1 Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices 28 City of Palm Springs CWA
55575 18000\ 3398; 938. 2
may comprise up to thirty percent ( 30%) of each craft' s work force ( calculated by hours worked) at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (" DAS"), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on ProjectWork. Wherethe applicablestandardsestablisha Iower percentage, the applicable Union will use its best efforts with the Joint Labor Managementapprenticeshipcommittee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.
14.2.2 The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be ill compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encouragesuchutilization, and, both as to apprentices and the overall supply of experienced workers, the CWA Administrator will work with the Trades Council to assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons.
14.2.3 The Partiesagreethat apprenticeswill not be dispatchedto Contractorsworking under this Agreementunlessthere is ajourneymen working on the project where the apprentice is to be employed who is qualified to assistand overseethe apprentice's progressthrough the program in which he is participating.
14.2.4 All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [ apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman' s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker' s qualification as ajourneyman to the Trades Council.
Section 14. 3 Identification and Retention of Skilled Labor and Employment of Local Residents The Project Work will require largenumbersof craft personneland other supportingemployees.
It is thereforethe understandingand intention of the Partiesto usethe opportunities provided by the extensiveamount of work to be covered on theseProjectsto promote, through cooperative efforts, programs and procedures ( which may include, for example, programs to prepare persons for entrance into formal labor/managementapprenticeship and/or training programs) to the community describing opportunities available as a result of the Project Work, for involvement of Local Residentsin the construction industry, to assistthem in entering the construction trades, and, through utilization of labor/management apprenticeship and/or training programs, to provide training opportunities for Local Residentsand studentsand graduatesof the City wishing to pursue a career in construction. Such cost for programs and training will be the responsibility of the Union and contractors. The City will work with the Unions, trade groups, and Contractors, in marketing such potential job and training opportunities to encourage application from residents of the City of Palm Springs. Further, with concurrence from the CWA Administrator, the Contractors and the
29 City of Palm Springs CWA
555ry, 1800013 19859182
Unions will work together to promptly develop and implement procedures for the identification of craft needs, the schedulingof work to facilitate the utilization of available craft employees, and the securing of services of craft employees in sufficient numbers to meet the demandof the Project Work to be undertaken. The City will work with the Contractorsand Unions in promoting said opportunities to encourageapplication from residentsof the City of Palm Springs.
ARTICLE 15
WORKING CONDITIONS
Section 15. 1 Meal and Rest Periods There will be no non -working times establishedduring working hours except as may be required by applicable statelaw or regulations. Meal periods and Restperiodsshall beasprovided for in WageOrder 16. Individual coffee containerswill be permitted at the employees' work location; however, there will be no organized coffee breaks.
Section 15. 2 Work Rules The City, the CWA Administrator, andlor relevant Contractor shall establish such reasonable work rules as they deem appropriate and not inconsistent with this Agreement. Theserules will be postedat the work sites by the Contractorand may be amended thereafter as necessary. Failure to observe these rules and regulations by employees may be groundsfor discipline upto andincluding discharge.
Section 15. 3 Emergency Use of Tools and Equipment There should be no restrictions on the emergencyuseof any tools by any qualified employeeor supervisor, or on the useof any tools or equipment for the performanceof work within the jurisdiction, provided the employeecan safely usethe tools and/or equipment involved and is compliancewith applicablegovernmental rules and regulations.
Section 15. 4 AccessRestrictionsfor Cars Recognizingthe natureof thework beingconducted on the site, employee access by a private automobile may be limited to certain roads and/or parking areas.
ARTICLE 16
PRE - JOB CONFERENCES
Section 16. 1 Fach Primary Contractor which is awardeda Construction Contract by the City for ProjectWorkshallconducta Pre -Jobconferencewith theappropriateaffectedUnion(s) prior to commencing work. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre - Job conference. The Trades Council and the CWA Administrator shall be advised in advanceof all suchconferencesand may participate if they wish. All work assignmentsshall be disclosed by the Primary Contractor and all Contractorsat the Pre -Job conference in accordancewith industry practice. Should there be any formal jurisdictional dispute raised under Article 8, the CWA Administrator shall be promptly notified. Primary Contractor shall haveavailableat the Pre -Job conferencethe plans and drawing for the work to be performedon the Project. Should additional Project Work not previously included within the 30 City of Palm Springs CWA
55575. 18000\ 33985938 2
scope of the Project Work be added, the Contractors performing such work will conduct a separate prejob for such newly included work.
ARTICLE 17
LABOR/ MANAGEMENT COOPERATION
Section 17. 1 Joint Committee The Partiesto this Agreement may establisha six ( 6) person Joint Administrative Committee ( JAC). This JAC shall be comprised of three ( 3) representatives selectedby the City and three (3) representativesselectedby the Trades Council to monitor compliance with the terms and conditions of this Agreement and to recommend amendments to this Agreement, with the exception of the dollar threshold specified in Section 2. 2( a) and the term of this AgreementunderSection22.1, when doing so would be to the mutual benefit of the Parties. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement. A quorum will consist of at least two ( 2) representativesselectedby the City and at leasttwo (2) representativesselectedby the Trades Council. For voting purposes, only an equal number of City and Union representatives present may constitute a voting quorum.
Section 17. 2 Functions of Joint Committee The Committee shall meet on a schedule to be determined by the Committee or at the call of the joint chairs, to discuss the administration of the Agreement, the progressof the Project, generallabor managementproblemsthat may arise, and any other matters consistentwith this Agreement. Substantivegrievancesor disputes arising under Articles 7, 8 or 10 shall not be reviewed or discussedby this Committee, but shall be processed pursuant to the provisions of the appropriate Article. The CWA Administrator shall be responsiblefor the scheduling of the meetings, the preparation of the agendatopics for the meetings, with input from the Unions the Contractorsand the City. Notice of the date, time and placeof meetings, shall be given to the Committee membersat leastthree (3) daysprior to the meeting. The CWA Administrator shall prepare quarterly reports on apprentice utilization and the training and employment of City residents, and a scheduleof Project Work and estimated number of craft workers needed. The Committee or an appropriatesubcommittee, may review suchreportsandmakeany recommendationsfor improvement, if necessary, including increasing the availability of skilled trades, and the employment of local residents or other individuals who shouldbe assistedwith appropriatetraining to qualify for apprenticeshipprograms.
ARTICLE 18
SAVINGS AND SEPARABILITY
Section 18. 1 Savings Clause It is not the intention of the City, the CWA Administrator, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement. The Partiesheretoagreethat in the event any provision of this Agreementis finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainderof the Agreementshall remain in full force andeffect unlessthe part or partsso found to be void arewholly inseparablefrom the remainingportions of this Agreement.
Further, the Partiesagreethat if and when any provision(s) of this Agreement is finally held or determinedto be illegal or void by a court of competentjurisdiction, the Partieswill promptly enterinto negotiationsconcerningthe substantiveeffect of suchdecisionfor the purposesof 31 City of Palm Springs CWA
55575 18000\ 33985938 2
achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreementis challengedandany form of injunctive relief is granted by any court, suspendingtemporarily or permanentlythe implementationof this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.
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 Agreement as part of any bid specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding andior construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and effect on covered Project Work to the maximum extent legally possible.
ARTICLE 19
WAIVER
A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any suchwaiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreementand shall not relieve, excuseor releaseany of the Partiesfrom any of their rights, duties or obligations hereunder.
ARTICLE 20
AMENDMENTS
The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreementin writing, hereaftersigned by the negotiating Partieshereto.
In the eventof any conflict or ambiguity betweenthis Agreementandany Attachmentor exhibit, the provisionsof this Agreementshall govern.
ARTICLE 21
DURATION OF THE AGREEMENT
Section 21. 1 Duration
21. 1.1 This Agreement shall be effective from the date signed by all Parties and shall remain in effect for an initial period of five (5) years. Any coveredProjectWork awardedduring the term of this Agreement shall continue to be covered hereunder, until completion of the Project Work, notwithstanding the expiration date of this Agreement.
21. 1.2 This Agreement may be extended by written mutual consent of the City, as directedby theCity Council andthe signatoryUnions for suchfurther periodsasthe Partiesshall agree to.
32 City of Palm Springs CWA
55575. 18000\ 33985938 2
Section 21. 2 Turnover and Final Acceptance of Completed Work
21.2.1 Construction of any phase, portion, section, or segmentof Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction - tested and/ or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract( s) with the City.
21.2.2 Notice of each final acceptance received by the Contractor will be provided to the Trades Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a " punch" list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any " punch" list work, as well as any additional work required of a Contractor at the direction of the City pursuant to Section 22.2. 1 above, involving otherwise turned -over and completed facilities which have been accepted by the City, will be available from the CWA Administrator.
IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated.
CITY OF PALM SPRINGS SAN BERNARDINO/ RIVERSIDE COUNTIES
BUILDING & CONSTRUCTION
TRADES COUNCIL, AFL- CIO
All?
By. U&" By:
1Ju C1lfton Wiliam J. Per
City Manager Executive Secretary/ Business Manager
ATTEST:
City Clerk J APPi0VEDBYCITYCOUNCIL
710114. 11. A994- 7
APPROVED AS TO FORM:
33 City of Palm Springs CWA
55575. 18000U3985938 2
J rey9. 6alliInq&"
City Attorney
34 City of Palm Springs CWA
55575 18; Jt: A33985938 2
SAN BERNARDINOIRIVERSIDE COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL, AFL- CIO CRAFT UNIONS AND DISTRICT COUNCILS Siznatory Unions:
Boilermakers Local 92: - t.. prtf`ef
Bricklayers Local 4:
Cement Masons Local 500:
District Council # 36 ( Painters, Drywall finishers, Glaziers, Resilient Floor): ...- Electrical Workers Local 440:
Elevator Constructors Local 18:
Heat & Frost Insulators Local 5:
Iron Workers Local 416:
1-
01 Iron Workers Local 433:
Laborers Local 300:
Laborers Local 1184:
Operating Engineers Local 12: {
Plasterers Local 200 - o2j
Plater Tenders 1414:
U. A. Local 345:
U. A. Local 364:
3.5 City of Palm Springs CWA
55575. l 8000133985938. 2
SA. N BERNARDINO/ RIVERSIDE COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL, AFL- CIO CRAFT UNIONS AND DISTRICT COUNCILS Signatory Unions:
Fsge I oft
Boilermakers Local 92:
Bricklayers Local 4:
Cement Masons Local 500:
District Council 436 (Painters, Dry vall Finishers, Glaziers, Resilient Floor):
Electrical Workers Local 440:
Elevator Constructors Local 18:
Heat & Frost Insulators Local 5:
Iron Workers Local 416:
Iron Workers Local 433:
Laborers Local 300:
Laborers Local 1184:
Operating Engineers Local 12
Plasterers Local 200:
plater Tenders 1414:
U. A. Local 345:
U. A. Local 364:
35 City of Palm Springs CWA
55515, 18000\ 33985938 2
I
SAN BERNARDINOMIVERSIDE COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL, AFL- CIO CRAFT UNIONS AND DISTRICT COUNCILS Signatory Unions:
Boilermakers Local 92:
Bricklayers Local 4:
Cement Masons Local 500:
District Council # 36 (Painters, Drywall Finishers, Glaziers, Resilient Floor):
Electrical Workers Local 440:
Elevator Constructors Local 18:
Heat & Frost Insulators Local 5:
Iron Workers Local 416:
Iron Workers Local 433:
Laborers Local 300:
Laborers Local 118 .
OperatingEngineersLocal 12:
Plasterers Local 200:
Plater Tenders 1414:
U. A. Local 345:
U. A. Local 364:
35 Cityof PalmSpringsCWA
5575 18000%33985938 2
SAN BERNARDINO/ RIVERSIDE COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL, AFL- CIO CRAFT UNIONS AND DISTRICT COUNCILS Signatory Unions:
Boilermakers Local 42:
Bricklayers Local 4:
Cement Masons Local 500: _
District Council # 36 (Painters, Drywall Finishers, Glaziers, Resilient Floor):
Electrical Workers Local 440:
Elevator Constructors Local 18:
Heat & Frost Insulators Local 5: _
Iron Workers Local 416:
Iron Workers Local 433:
Laborers Local 300:
Laborers Local 1184:
Operating EngineersLocal 12
Plasterers Local 200:
Plater Tenders 1414:
U. A. Local 345:
U. A. Local 364:
35 City of Palm Springs CWA
55575. 18000% 33985938 2
SAN BERNARDINO/ RIVERSIDE COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL, AFL- CIO CRAFT UNIONS AND DISTRICT COUNCILS 5inatory Uniions-
Pnge I of 2
Boilermakers Local 92:
Bricklayers Local 4:
Cement Masons Local 500:
District Council # 36 (Painters, Drywall Finishers, Glaziers, Resilient Floor):
Electrical Workers Local 440:
Elevator Constructors Local 18:
Heat & frost Insulators Local 5:
Iron Workers Local 416:
Iron Workers Local 433:
Laborers Local 300:
Laborers Local 1184:
OperatingEngineersLocal 12:
Plasterers Local 200:
Plater Tenders 1414:
U.A. Local
U. A. Local 364:
as
City of Palm Springs CWA
55 : 15 18000133985938. 2
Signatory Unions —
Roofers & Waterproofers Local 220:
Sheet Metal Local 105:
Road Sprinkler Fitters Local
Teamsters Local 166:
Southwest Regional Council of Carpenters:
7/ 13/ Z1
3C.
City of Palm Springs CWA
55575. 18000133985938 2
Signatory Unions
Roofers & Waterproofers Local 220:
Sheet Metal Local 105:
Road Sprinkler Fitters Local 669: •%%%-
Teamsters Local 166:
Southwest Regional Council of Carpenters:
3G
City of Pairn Springs CWA
55575. 18000\ 33995938. 2
ATTACHMENT A — LETTER OF ASSENT
To besignedby all contractorsawardedwork coveredby the City of Palm Springs Community Workforce Agreementprior to commencingwork.
Contractor' s Letterhead]
CWA Administrator
City of Palm Springs
3too E_ T41" V: z t,JQ7Palm Springs, CA 92.0
Attn:
Re: Community Workforce Agreement - Letter of Assent
Dear Sir' Madame:
This is to confirm that [nameof company] agreesto beparty to and boundby the City of Palm Springs Community Workforce Agreement effective _ _ _ _, 2021 as such Agreementmay, from time to time, be amendedby the negotiatingpartiesor interpretedpursuant to its terms. Suchobligation to bea party and bound by this Agreementshall extendto all work coveredby the agreementundertakenby this Company on the project and this Companyshall require all of its contractorsand subcontractorsof whatever tier to be similarly bound for all work within the scopeof the Agreement by signing and furnishing to you an identical letter of assentprior to their commencement of work.
Sincerely,
Name of Construction Company]
By: [ _ _ _ Name and Title of Authorized Executive
Contractor State License No.:
Business Address:
Business Phone:
Copies of this letter must be submitted to the CWA Administrator and to the Trades Council Consistent with Section 2. 6 ( b).]
37 City of Palm Springs CWA
55575 18000133985938 2
ATTACHMENT B
FIRST TIER ZIP CODES ( CITY BOUNDARY including 20 MILE RADIUS) Some Zip Codes shared with neighboring cities
https:// www. zip- codes. com/ county/ ca- riverside. asp Tier 1A
92262 92264
Tier 1 B
92201 92236
92203 92240
92210 92241
92211 92253
92220 92260
92223 92270
92230 92276
92234 92282
38 City of Palm Springs CWA
55575 18000\ 33985938 2
SECOND TIER ZIP CODES
REMAINDER OF RIVERSIDE COUNTY,
https:// www. zip- codes. com/ county/ ca- riverside. asp) Zip Code City
91752 Mira Loma
92201 Indio
92225 Blythe
92226 Blythe
92235 Cathedral City
92254 Mecca
92274 Thermal
92320 Calimesa
92501 Riverside
92503 Riverside
92504 Riverside
92505 Riverside
92506 Riverside
92507 Riverside
92508 Riverside
92509 Jurupa Valley
92518 March Air Reserve Base
92530 Lake Elsinore
92532 Lake Elsinor
92536 Aguanga
92539 Anza
92543 Hemet
92544 Hemet
92545 Hemet
92548 Homeland
92551 Moreno Valley
92553 Moreno Valley
92555 Moreno Valley
92571*
92557 Moreno Valley
92561 Mountain Center
92562 Murrieta
92563 Murrieta
92570*
92567 Nuevo
92582 San Jacinto
92583 San Jacinto
92584 Menifee
92585 Menifee
92586 Menifee
39 City of Palm Springs CWA
55575. 18000W985938 2
92587 Menifee
92590 Temecula
92591 Temecula
92592 Temecula
92595 Wildomar
92596 Winchester
92860 Norco
92879 Corona
92880 Corona
92881 Corona
92882 Corona
92883 Corona
4n
City of Palm SpringsCWA
55575 18000\ 33985938 2
ATTACHMENT C
CITY OF PALM SPRINGS
CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfil: thr. hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Pleaseprint your Fax Transmission Verification Reportsand keep copies for yoUr records.
The City of Palm Springs Community Workforce Agreement establishes a goal that 30% of the total work hours shall be from workers residing: first, in those first tier zip codes which overlap all of the City of Palm Springs, with Tier 1A ( Palm Springs residents) who will always be the first contacted for work under this CWA, asattachedhereto, second, residing within Rivcrridc County. For Dispatch purposes, employeesresiding within either of thesetwo (2) areasshall be referredto as local Residents.
TO THE t NION: Pleasecomplete the " Union Use Only" section on the next page and fax this form back to the requesting Contractor. Be sureto retain a copy of this form for your records.
CONTRACTOR USE ONLY
To: Union Local # Fax# ( ) Date:
Cc: CWA Administrator
From: Company: IssuedBy:
Contact Phone :( ) Contact Fax:
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.
Craft Classification
i.e., plumber, painter,
etc.}
Journeyman
or
Apprentice
Local Resident
or
General Dispatch
Number
of
workers
needed
Report Date Report Time
TOTAL WORKERS REQUESTED
Pleasehaveworker( s) report to the following work addressindicated below:
Project Name: _ Site: Address:
Report to:
Comment or Special Instructions:
City of Palm SpringsCWA
55575 180= 33985938 2
On - site Tel: On - site Fax:
41 I Datedispatchrequestreceived:
Dispatch received by:
IClassification
of worker requested:
Classification of worker dispatched:
UNION USE ONLY
WORKER REFERRED
Name:
Date worker was dispatched:
Is the worker referred a: ( check all that apply)
JOURNEYMAN Yes No
APPRENTICE Yes No
LOCAL RESIDENT Yes No
GENERAL DISPATCH FROM OUT OF WORK LIST Yes No
ATTACHMENT D
42 City of Palm Springs CWA
55575. 18000% 33985938 2
List of Neutral Arbitrators
Subject to Confirmation]
Mark Burstein
Walter Daugherty
Fred Horowitz
Michael Prihar
Louis Zigman
43 City of Palm Springs CWA
55575 18000133985938 2
ATTACHMENT " E"
SUBSTANCE ABUSE POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the constructionindustry andtheneedto developdrug andalcohol abusepreventionprograms.
Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol free work environment, individual Employers may require applicants or employees to undergo drug and alcohol testing.
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 or consumingalcohol is absolutelyprohibited while employeesareon the Employer'sjob premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement (" CWA").
2. No Employer may implement a drug testing program which does not conform in all respectsto the provisionsof this Policy.
3. No Employer may implementdrug testingat anyjobsite unlesswritten notice is given to the Union settingforth the locationof thejobsite, a descriptionof the project under construction, and the name and telephone number of the Project Work Supervisor. Said notice shall beaddressedto theoffice of eachUnion signing the Community Workforce Agreement.
Saidnotice shall bedeliveredin personor by registeredmail beforethe implementationof drug testing. Failure to give such notice shall make any drug testing engaged in by the Employer a violation of theCWA, andthe Employer may not implementany form of drug testingat such jobsite for the following six months.
4. An employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project Work to be tested. With respect to individuals who becomeemployedon the Project Work subsequentto the properimplementationof this drug testing program, such test shall be administered upon the commencement of employment on the project, whetherby referral from a Union DispatchOffice, transferfrom anotherproject, or anothermethod. Individuals who were employedon the project prior to the proper implementationof this drug testingprogrammay only be subjectedto testingfor the reasonsset forth in Paragraph 5( f) ( 1) through 5( f) ( 3) of this Policy. Refusalto undergosuchtestingshall be consideredsufficient groundsto denyemploymenton the project.
The following procedureshallapply to all drugtesting:
a. The Employer 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 Employer shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way becomeinvolved in the chain of custodyof urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be 44 City of Palm Springs CWA
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permittedtoaccompanytheapplicantor employeetothecollectionfacility to observethe collection, bottling, andsealingof the specimen.
b. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration ( SAMHSA), which is chosen by the Employer and the Union.
C. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique ( EMZT). 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 testwill beby GasChromatographyMassSpectrometry (GC1MS).
Cutoff levelsfor both the initial testandconfirmation testwill bethoseestablishedby the SAMHSA. ShouldtheseSAMHSA levels bechangedduring the courseof this agreementor new testing procedures are approved, then these new regulations will be deemed as part of this existing agreement. Confirmed positive sampleswill beretainedby the testing laboratoryin securedlong-term frozen storagefor a minimum of oneyear. Handling andtransportationof eachsamplemustbedocumentedthrough strict chainof custodyprocedures. d. In the event of a confirmed positive test result the applicant or employee may request, within forty-eight (48) hours, a sampleof his/her specimenfrom thetesting laboratoryfor purposesof a secondtestto be performedat a secondlaboratory, designatedby the Union and approved by SAMHSA. The retest must be performed within ten ( 10) days of the request. Chainof custodyfor this sampleshall be maintainedby the Employerbetweenthe original testing laboratoryandthe Union's designatedlaboratory. Retestingshall be performedat theapplicant's or employee'sexpense. In theeventof conflicting testresultsthe Employermay require a third test.
C. If, as a result of the above testing procedure, it is determined that an applicantor employeehastestedpositive, this shall beconsideredsufficient groundsto denythe applicant or employee his/ her employment on the Project Work. f. No individual who testsnegativefor drugsor alcohol pursuantto the aboveprocedureandbecomesemployedon the ProjectWork shall againbe subjectedto drug testing with the following exceptions:
1. Employeeswho are involved in industrial accidentsresulting in damageto plant, property or equipmentor injury to him/heror othersmay betestedpursuantto the procedures stated hereinabove.
2. The Employer 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 applicableUnion shall be assetforth in Paragraph3 aboveand suchtesting shall bepursuantto the procedures stated hereinabove.
3. The Employer may test an employee where the Employer has reasonablecauseto believe that theemployeeis impairedfrom performing his/herjob. 45 City of Palm Springs CWA
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Reasonable cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment ( i. e., slurred speech, unusual lack of muscular coordination, etc.). Suchbehaviormust be actually observedby at leasttwo persons, oneof whom shall bea Supervisorwho hasbeentrainedto recognizethe symptomsof drug abuseor impairment andthe other of whom shall be thejob steward. If thejob stewardis unavailableor there is nojob stewardon the project theotherpersonshall bea memberof the applicableUnion' s bargainingunit. Testingshall be pursuantto theproceduresstated hereinabove. Employeeswho aretestedpursuantto theexceptionssetforth in this paragraphand who testpositive will beremovedfrom the Employer's payroll. g. AppIicants or employees who do not test positive shall be paid for all time lost while undergoing drug 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 andwho arenot put to work pendingtheresultsof a testwill bepaid waiting time until suchtime asthey areput to work. It is understoodthat an applicantmustpassthe test asa condition of employment. Applicants who areput to work pendingthe resultsof a test will be considered probationary employees.
6. Theemployerswill beallowed to conductperiodicjob site drug testingon the Project under the following conditions:
a. The entirejobsite must betested, including any employeeor subcontractor's employeewho worked on that project three (3) working daysbeforeor after the date of the test;
b. Jobsite testing cannot commence sooner than thirty ( 30) days after start of the work on the Project;
C. Prior to startof periodic testing, a businessrepresentativewill be allowed to conductan educationalperiod on companytime to explain periodicjobsite testing programto affected employees;
d. Testingshall beconductedby a SAMHSA certified laboratory, pursuantto the provisions set forth in Paragraph 5 hereinabove.
e. Only two periodic testsmay beperformedin a twelve month period.
7. It is understoodthat the unsafeuseof prescribedmedication, or wherethe useof prescribedmedicationimpairs the employee's ability to perform work, is a basisfor the Employer to removetheemployeefrom thejobsite.
8. Any grievanceor disputewhich may ariseout of the applicationof this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA.
9. The establishmentor operationof this Policy shall not curtail any right of any employeefound in any law, rule or regulation. Shouldany part of this Agreementbefound 46 City of Palm Springs CWA
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unlawfulbyacourtof competentjurisdictionorapublicagencyhavingjurisdictionoverthe parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision.
10. Presentemployees, if testedpositive, shall havethe prerogativefor rehabilitation programat theemployee's expense. When suchprogramhasbeensuccessfullycompletedthe Employer shall not discriminate in any way against the employee. If work for which the employee is qualified exists he./she shall be reinstated.
11. The Employer agreesthat resultsof urine and bloodtestsperformedhereunder will beconsideredmedicalrecordsheldconfidentialtotheextentpermittedor requiredby law.
Suchrecordsshall not bereleasedto any personsor entitiesotherthandesignatedEmployer representativesandthe applicable Union. Suchreleaseto theapplicableUnion shall only be allowed upon the signing of a written release and the information contained therein shall not be usedto discouragethe employmentof the individual applicantor employeeon any subsequent occasion.
12. The Employer shall indemnify andhold the Union harmlessagainstany andall claims, demands, suits, or liabilities that may ariseout of the applicationof this Agreement and/or any programpermittedhereunder.
13. Employeeswho seekvoluntary assistancefor substanceabusemay not be disciplined for seeking such assistance. Requests from employees for such assistanceshall remainconfidential andshall not be revealedto other employeesor managementpersonnel without theemployee's consent. Employeesenrolled in substanceabuseprogramsshall be subjectto all Employer rules, regulationsandjob performancestandardswith the understanding that anemployeeenrolled in sucha program is receivingtreatmentfor an illness.
14. This Memorandum, of Understandingshall constitutetheonly Agreementin effect betweenthepartiesconcerningdrug andalcohol abuse, preventionandtesting. Any modifications theretomust beaccomplishedpursuantto collective bargainingnegotiations between the parties.
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DRUG ABUSE PREVENTION AND DETECTION
APPENDIX A
CUTOFF LEVELS
SCREENING SCREENING CONFIRMATION CONFIRMATION
DRUG METHOD LEVEL ** METHOD LEVEL
Alcohol EMIT 0. 02% CG/ MS 0. 02%
Amphetamines EMIT 1000 ng/m* CGIMS 500 ng/ml*
Barbiturates EMIT 300 ng/ml CG/ MS 200 ng/ml
Benzodiazepines EMIT 300 ng/ml CG/ MS 300 ng/ml
Cocaine EMIT 300 ng/ml* CG/ MS 150 ng/ml*
Methadone EMIT 300 ng/ml CG/ MS 100 ng/mI
Methaqualone EMIT 300 ng/ml CG/ MS 300 ng/ml
Opiates EMIT 2000 ng/ml* CGIMS 2000 ng/ml*
PCP ( Phencyclidine) EMIT 25 ng/ml* CG/ MS 25 ng/ml*
THC ( Marijuana) EMIT 50 ng/ml* CG/ MS 15ng/ml*
Propoxyphene EMIT 300 ng/ml CGIMS 100 ng/mI
SAMHSA specified threshold
A samplereportedpositive containsthe Indicateddrug at or abovethecutoff level for that drug. A negativesampleeither containsno drug or containsa drug below the cutoff level.
EMIT - Enzyme Immunoassay
CC/ MS - Gas Chromatography/ Mass Spectrometry
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SIDE LETTER OF AGREEMENT
TESTING POLICY FOR DRUG ABUSE
It isherebyagreedbetweenthepartiesheretothatanEmployerwhohasotherwiseproperly implementeddrug testing, assetforth in the Testing Policy for Drug Abuse, shall havethe right to offer an applicantor employeea "quick" drug screeningtest. This "quick" screentestshall consist either of the " ICUP" urine screen or similar test or an oral screen test. The applicant or employeeshall havetheabsoluteright to selecteither of the two "quick" screentests, or to reject both and request a full drug test.
An applicantor employeewho selectsoneof thequick screentests, andwho passesthe test, shallbeputto workimmediately. An applicantor employeewhofailsthe "quick" screentest, or who rejectsthequick screentests, shall be testedpursuantto theproceduressetforth in the Testing Policy for Drug Abuse. The sampleusedfor the "quick" screentestshall bediscarded immediatelyuponconclusionof thetest. Anapplicantoremployeeshallnotbedeprivedofany rights grantedto them by theTesting Policy for Drug Abuseasa result of any occurrencerelated to the " quick" screen test.
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