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55B - RESO - PUBLIC LABOR AGREEMENT - UNION AGMTS
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55B - RESO - PUBLIC LABOR AGREEMENT - UNION AGMTS
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6/19/2018 9:18:08 AM
Creation date
8/10/2017 6:48:36 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
55B
Date
8/15/2017
Destruction Year
2022
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2.5.9 Laboratory work for testing. <br />2.5. 10 Coverage Exception This Agreement shall not apply if the City receives funding <br />or assistance from any Federal, State, local or other public entity for the Construction Contract if <br />a requirement, condition or other term of receiving that funding or assistance, at the time of the <br />awarding of the contract, is that the City not require, bidders, contractors, or other persons or <br />entities to enter into an agreement with one or more labor organizations. The City agrees that it <br />will make every effort to establish the enforcement of this Agreement with any governmental <br />agency or granting authority. <br />Section 2.6 Awarding of Contracts for Project Work <br />2.6.1 The City and/or the Contractors, as appropriate, have the absolute right to award <br />contracts or subcontracts on Project Work to any Contractor notwithstanding the existence or <br />non-existence of any agreements between such Contractor and any Union parties, provided only <br />that such Contractor is ready, willing, and able to execute and comply with this Agreement <br />should such Contractor be awarded work covered by this Agreement. <br />2.6.2 It is agreed that all Contractors of whatever tier, who have been awarded Project <br />Work contracts, shall be required to accept and be bound to the terms and conditions of this <br />Agreement, and shall evidence their acceptance by the execution of the Letter of Assent set forth <br />in "Attachment A" hereto, prior to the commencement of any Project Work. At the time that <br />any Contractor enters into a subcontract with any subcontractor of any tier providing for the <br />performance of the construction contract, the Contractor shall provide a copy of this Agreement <br />to said subcontractor and shall require the subcontractor, as a part of accepting the award of a <br />construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by <br />each and every provision of this Agreement prior to the commencement of work on the Project. <br />No Contractor or subcontractor shall commence Project Work without having first provided a <br />copy of the Letter of Assent as executed by it to the CWA Administrator and to the Trades <br />Council before the commencement of Project Work. <br />Section 2.7 Master Labor Agreements <br />2.7.1 The provisions of this Agreement, including the Master Labor Agreements as <br />such may be changed from time -to -time and which also are incorporated herein by reference, <br />shall apply to Project Work. This Agreement is not intended to supersede such Master Labor <br />Agreements between any of the Employers performing construction work on the Project and a <br />Union signatory thereto except to the extent the provisions of this Agreement are inconsistent <br />with such Master Labor Agreements, in which event the provisions of this Agreement shall <br />apply. However, such does not apply to work performed under the National Cooling Tower <br />Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), <br />work within the jurisdiction of the International Union of Elevator Constructors, and all <br />instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint <br />National Agreement for Instrument and Control Systems Technicians except that Article 9 <br />dealing with Strikes, Work Stoppages and Lock -Outs, Work Assignments and Jurisdictional <br />Disputes, and Settlement of Grievances and Disputes shall apply to such work. Where a subject <br />Community Workforce Agreement <br />559-11 City of Santa Ana <br />
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