Laserfiche WebLink
Section 3.1 Recognition The Contractor recognizes the Trades Council and the Unions as <br />the sole and exclusive bargaining representative for the employees engaged in Project Work. <br />Contractors further recognize that the Unions shall be the primary source of all craft labor <br />employed on the Projects. In the event that a Contractor has its own core workforce, said <br />Contractor shall follow the procedures outlined below. <br />Section 3.2 Contractor Selection of Employees The Contractor shall have the right to <br />determine the competency of all employees, the number of employees required, the duties of <br />such employees within their craft jurisdiction, and shall have the sole responsibility for selecting <br />employees to be laid off, consistent with Section 3.3 and Section 4.3, below. The Contractor <br />shall also have the right to reject any applicant referred by a Union for any reason, subject to any <br />reporting pay required by Section 6.6; provided, however, that such right is exercised in good <br />faith and not for the purpose of avoiding the Contractor's commitment to employ qualified <br />workers through the procedures endorsed in this Agreement. <br />Section 3.3 Referral Procedures <br />3.3.1 For signatory Unions now having a job referral system contained in a Master <br />Labor Agreement, the Contractor agrees to comply with such system and it shall be used <br />exclusively by such Contractor, except as modified by this Agreement. Such job referral system <br />will be operated in a nondiscriminatory manner and in full compliance with federal, state, and <br />local laws and regulations which require equal employment opportunities and non- <br />discrimination. All of the foregoing hiring procedures, including related practices affecting <br />apprenticeship, shall be operated so as to consider the goals of the City to encourage employment <br />of City residents on the Project, and to facilitate the ability of all Contractors to meet their <br />employment needs. <br />3.3.2 The local Unions will exert their best efforts to recruit and refer sufficient <br />numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including <br />specific employment obligations to which the Contractor may be legally and/or contractually <br />obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The <br />Unions will work with their affiliated regional and national unions, and jointly with the CWA <br />Administrator and others designated by the City, to identify and refer competent craft persons as <br />needed for Project Work, and to identify and hire individuals, particularly residents of the City, <br />for entrance into joint labor/management apprenticeship programs, or to participate in other <br />identified programs and procedures to assist individuals in qualifying and becoming eligible for <br />such apprenticeship programs, all maintained to increase the available supply of skilled craft <br />personnel for Project Work and future construction of maintenance work to be undertaken by the <br />City. <br />3.3.3 The Union shall not knowingly refer an employee currently employed by a <br />Contractor on a covered Project to any other Contractor. <br />Section 3.4 Non -Discrimination in Referral, Employment, and Contracting The Unions and <br />Contractors agree that they will not discriminate against any employee or applicant for <br />employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national <br />Community Workforce Agreement <br />559-13 City of Santa Ana <br />