55B - RESO - PUBLIC LABOR AGREEMENT - UNION AGMTS

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Community Workforce Agreement August 15, 2017 Page 2 The Agreement would apply to City multi -trade construction contracts that exceed $250,000 and Specialty Contracts that exceed $100,000. Contracts will be subject to competitive bidding and the requirement to pay prevailing wage. The City will retain the right to select the lowest responsive and responsible bidder. The term of this proposed Agreement is for five years from its effective date and would apply to all covered Project Work, until completed during the term of the Agreement. The Project Work covered by this Agreement includes: the demolition and construction work to be performed on City property or within easements secured by the City consisting of the construction of Public Works, pursuant to a Construction Contract entered into by the City. The Agreement also includes all construction and major rehabilitation work pursuant to "prime multi - trade construction contracts" that exceed two hundred and fifty thousand dollars ($250,000) and all subcontracts from these prime multi -trade contracts; and all prime "Specialty Contracts" that exceed one hundred thousand ($100,000) and all subcontracts from these specialty contracts. Specialty contracts are contracts for project work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work. For projects covered by this Agreement, the Unions agree that they shall not incite or encourage, condone or participate in any strike, walk -out, slow -down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors, including, but not limited to, strikes of any kind and/or lock -outs. The Agreement provides for binding arbitration of grievances. Contractors working on Project Work must, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established and authorized by the Unions who are signatory to the Agreement. This is commonly referred to a Union hiring hall. Contractors retain the right to reject any applicant referred to them through the job referral system, determine the competency of all employees, to determine the number of employees required, and the duties of such employees. If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within 48 hours, the Contractor may employee applicants meeting such classifications from any other available source. The Unions and Contractors agree, to the extent allowable by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer a sufficient number of skilled Craft local residents and Veterans. The Agreement sets forth a goal of 30% of the total work hours shall be performed from workers residing within the City and Veterans regardless of where they reside. If there are not enough local residents to fulfill the requirements of the employers under the Agreement, the Unions shall exert there best efforts to then recruit and identify for referral local residents within Orange County. The City and Trades Council will work cooperatively to identify, or establish and maintain effective program and procedures for persons interested in entering the construction industry and 55B-2