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COMMUNITY WORKFORCE AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA ANA
LOS ANGELES/ORANGE COUNTIES
BUILDING AND CONSTRUCTION TRADES COUNCIL
AND THE SIGNATORY CRAFT COUNCILS AND UNIONS
Final Draft Community Workforce Agreement
6.22.17 2 City of Santa Ana
TABLE OF CONTENTS
Page
ARTICLE l
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 JURISDICTIONAL 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 SUBSISTENCE
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 — LETTER OF ASSENT
33
ATTACHMENT B — ZIP CODES
34
ATTACHMENT C — CRAFT REQUEST FORM
39
ATTACHMENT D — LIST OF NEUTRAL ARBITRATORS
41
ATTACHMENT E— SUBSTANCE ABUSE POLICY
42
Final Draft Community Workforce Agreement
6.22.17 2 City of Santa Ana
CITY OF SANTA ANA
COMMUNITY WORKFORCE AGREEMENT
This Community Workforce Agreement ("Agreement") is entered into effective as of
2017, by and between the City of Santa Ana, a municipal corporation ("City"), the
Los Angeles/Orange Counties Building and Construction Trades Council ("Trades Council"),
and the signatory Craft 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 for all Project Work (as defined in Section 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 requirements of this Agreement in the
advertisement of and/or specifications for each and every contract for Project Work to be
awarded by the City.
It is further understood that the City shall actively administer and enforce the obligations of this
Agreement to ensure that the benefits envisioned from it flow to all Parties, the Contractors and
crafts persons working under it, and the residents of the City. The City shall therefore designate a
"CWA Administrator," either from its own staff or an independent contractor, to serve as the
City's liaison for Contractors and 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 purposes of the Parties and
this Agreement; and to otherwise implement and administer this Agreement.
ARTICLE 1
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, 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.
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 has entered into a Construction Contract with the City or any of its contractors or any of
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6.22.17 3 City of Santa Ana
the City's or contractor's subcontractors of any tier, with respect to the construction of any part of
a Project under contract terms and conditions approved by the City and which incorporate this
Agreement.
Section 1.5 "City" means the City of Santa Ana.
Section 1.6 "Joint Labor/Management Apprenticeship Program" means a joint Union and
Contractor administered apprenticeship program certified by the State of California, Department
of Industrial Relations, Division of Apprenticeship Standards.
Section 1.7 "Letter of Assent" means the 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;
charged with monitoring compliance with the CWA, developing and implementing programs set
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 easements secured by the City
consisting of the construction of public works, pursuant to a Construction Contract entered into
by the City
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
scope of work (i.e. installing a toilet.)
Section 1.11 "Master Labor Agreements" means the local collective bargaining agreements of
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 The use of masculine or feminine gender or titles in this Agreement should be
construed as including both genders and not as gender limitations unless the Agreement clearly
requires a different construction. Further, the use of Article titles and/or Section headings are for
information only, and carry no legal significance.
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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, performed by those Contractor(s) of whatever tier that have contracts awarded for
such work, for the development of the City's facilities which, jointly, constitute the 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 two hundred and fifty thousand dollars ($250,000) and all
subcontracts flowing from these prime multi -trade contracts; and
2.2.2 All prime "Specialty Contracts," as defined in Section 1.10 that exceed one
hundred thousand ($100,000) 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 are not otherwise covered as
Project Work.
2.2.4 This Agreement is not intended to, and shall not apply to any work performed at
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. Should the City remove or terminate any contract or agreement for construction that
does not fall 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,
scheduled to be undertaken at the same facility or on the same project site, and within the same
timeframe, will be considered for such bundling, consistent with economies of scale, and the
purposes of this Agreement); and
2.3.2 Project Work will not be intentionally split, divided or otherwise separated for
contract award purposes to avoid application of this Agreement.
Section 2.4 Applicability This Agreement shall 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 include
the following:
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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, supervisory and management employees;
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 storage areas for equipment or 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 architects engineers and master planners), or any other consultants
for the City (including, but not limited to, project managers and construction managers and their
employees where not engaged in 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
Determination for said Craft. This shall also specifically include such work where it is referred to
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 PLA. 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 performed near, or leading to a site of work covered by this Agreement
and undertaken by state, county or other governmental bodies, or their Contractors; or by public
utilities, or their Contractors; and/or by adjacent third party landowners; and/or 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;
2.5.7 Work by employees of a manufacturer or vendor supervising the work of Craft
employees under this Agreement, necessary to maintain such manufacturer's 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.
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2.5. 10 Coverage Exception This Agreement shall not apply if the City receives funding
or assistance from any Federal, State, local or other public entity for the Construction Contract if
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 persons or
entities to enter into an agreement with one or more labor organizations. The City agrees that it
will make every effort to establish the enforcement of this Agreement with any governmental
agency or granting authority.
Section 2.6 Awarding of Contracts for Proiect 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-existence of any agreements between such Contractor and any Union parties, provided only
that such Contractor is ready, willing, and able to execute and comply with this Agreement
should such Contractor be awarded work covered by 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 evidence their acceptance by the execution of the Letter of Assent set forth
in "Attachment A" hereto, prior to the commencement of any Project Work. At the time that
any Contractor enters into a subcontract with any subcontractor of any tier providing for the
performance of the construction contract, the Contractor shall provide a copy of this Agreement
to said subcontractor and shall require the subcontractor, as a part of accepting the award of a
construction subcontract, to agree in 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 subcontractor shall commence Project Work without having first provided a
copy of the Letter of Assent as executed by it to the CWA Administrator and to the Trades
Council before the commencement of Project Work.
Section 2.7 Master Labor Agreements
2.7.1 The provisions of this Agreement, including the Master Labor Agreements as
such may be changed from time -to -time and which also are incorporated herein by reference,
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
instrument calibration and loop checking work performed under the terms of 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 Settlement of Grievances and Disputes shall apply to such work. Where a subject
is covered by the provisions of a Master Labor Agreement and not in conflict with the provisions
of this Agreement, the provisions of the Master Labor Agreement shall apply. It is specifically
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6.22.17 7 City of Santa Ana
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, constitutes a self-contained, stand-alone agreement and by virtue of having become
bound to this Agreement, the Contractor will not be obligated to sign any other local, area or
national collective bargaining agreement as a condition of performing work within the scope of
this 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 bust fund established pursuant to Section 302 of the Labor Management
Relations Act, and to which such Contractor is bound to make contributions under this
Agreement, provided that such Subscription Agreement does not 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 Signatories Only This Agreement shall only be binding on the signatory
Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of 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 performance of any other operation, work or function not covered
by this Agreement, which may be performed by City employees or contracted for by the City for
its own account, on its property or in and around a'Project site.
Section 2.10 Separate Liability It is understood that the liability of the Contractor(s) and the
liability of the separate Unions under this Agreement shall be several and 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 and/or any Contractor.
Section 2.11 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 Reco nip tion The Contractor recognizes the Trades Coimcil and the Unions as
the sole and exclusive bargaining representative for the employees engaged in Project Work.
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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 competency of all employees, the number of employees required, the duties of
such employees within their craft jurisdiction, and shall have the sole responsibility for selecting
employees to be laid off, consistent with Section 3.3 and Section 4.3, below. The Contractor
shall also have the right to reject any applicant referred by a Union for any reason, subject to any
reporting pay required by Section 6.6; provided, however, that such right is exercised in 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 such Contractor, except as modified by this Agreement. Such job 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 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
numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including
specific employment obligations to which the Contractor may be legally and/or contractually
obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The
Unions will work with their affiliated regional and national unions, and jointly with the CWA
Administrator and others designated by the City, to identify and refer competent craft persons as
needed for Project Work, and to identify and hire individuals, particularly residents of the City,
for entrance into joint labor/management apprenticeship programs, or to participate in other
identified programs and procedures to assist individuals in qualifying and becoming eligible for
such apprenticeship programs, all maintained to increase the available supply of skilled craft
personnel for Project Work and future constriction of maintenance work to be undertaken by 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 Contracting The Unions and
Contractors agree that they will not discriminate against any employee or applicant for
employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national
origin, age, membership in a labor organization, sexual orientation, political affiliation, marital
status or disability. Further, it is recognized that the City has certain policies, programs, and
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goals for the utilization of local small business enterprises. The Parties shall jointly endeavor to
assure that these commitments are fully met, and that any provisions of this Agreement which
may appear to interfere with local small business enterprises successfully bidding for work
within the scope of this Agreement shall be carefully reviewed, and adjustments made as 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 Employment of City Residents
3.5.1 The Unions and Contractors agree that, to the extent allowed by law, and as long
as they possess the requisite skills and qualifications, the Unions will exert their best efforts to
refer and/or recruit sufficient numbers of skilled craft "Local Residents" as defined herein, as
well as Veterans, to fulfill the requirements of 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 parties agree to support the hiring of workers from the residents of these
surrounding areas, as well as Veterans, 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 codes which overlap all of the City of Santa Ana, as set
forth in "Attachment B" attached hereto, as well as Veterans, regardless of where they reside. If
the Unions cannot provide the Contractors in the attainment of a sufficient number of Veterans
and Local Residents from within the first tier zip codes, the Unions shall exert their best efforts
to then recruit and identify for referral Local Residents residing within Orange Comity.
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, as well as Veterans, regardless of where they reside.
3.5.3 The Unions agree to support the operation of pre -apprentice referral programs in
the City. Further, the Unions agree to place on their referral roles or in their apprentice training
programs, as appropriate and needed, qualified persons sent to them by designated City
organizations or other organizations working with the City to increase construction industry
work opportunities for City residents.
Section 3.6 Requirements on Contractors To facilitate the dispatch of Local Residents and
Veterans, all Contractors will be required to utilize the Craft Employee Request Form whenever
they are requesting the referral of any employee from a Union referral list for any Covered
Project, a sample of which is attached as "Attachment C." When Local Residents and Veterans
are requested by the Employers, the Unions will refer such workers regardless of their place in
the Unions' hiring halls' list and normal referral procedures.
Section 3.7 Helmets to Hardhats The Contractors and the Unions recognize a desire to
facilitate the entry into the building and construction trades of Veterans who are interested in
careers in the building and construction industry. The Contractors and Unions agree to utilize the
services of 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,
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6.22.17 10 City of Santa Ana
assessment of construction aptitude, referral to apprenticeship programs or hiring halls,
counseling and mentoring, support network, employment opportunities and other needs as
identified by the Parties. For purposes of this Agreement the term "Eligible Veteran" shall have
the same meaning 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 be the
responsibility of each qualified applicant to provide the Unions with proof of his/her status as an
Eligible Veteran.
3.7.1 The Unions and Contractors agree to coordinate with non-profit Veteran
organizations, including, the Center to create and maintain an integrated database of veterans
interested in working on this Project Work and of apprenticeship and employment opportunities
for working on Project Work. To the extent permitted by 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 employees in the affected trade or craft shall be requisitioned from 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 the one hundred (100) working days immediately
before award of Project Work to the Contractor; who possess any license required by state or
federal law for the Project Work to be performed; who have the ability to safely perform the
basic functions of the applicable trade and who have been residing within Orange County 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 perfom7ing 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 request by
any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory
proof (i.e., payroll records, quarterly tax records, driver's license, voter registration, postal
address and such governmental documentation) evidencing the core employee's qualification as
a core employee to the CWA Administrator and the Trades Council.
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Section 3.9 Time for Referral If any Union's registration and referral system does not
fulfill the requirements for specific classifications requested by any Contractor within 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
system as set forth in Section 3.3 above, the Contractors shall 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 Membership No employee covered by this Agreement shall be required
to join any Union as a condition of being employed, or remaining employed, for the completion
of Project Work; provided, however, that any employee who is a member of the referring Union
at the time of referral shall maintain that membership in good standing while employed under
this Agreement. All employees shall, however, be required to comply with the Union security
provisions of the applicable Master Labor Agreement for the period during which they are
performing on-site Project Work to the extent, as permitted by law, of rendering payment of the
applicable monthly and working dues only, as uniformly required of all craft employees while
working on the Project and represented by the applicable signatory Union.
Section 3.12 Individual Seniority Except as provided in Section 4.3, individual seniority shall
not be recognized or applied to employees working on Project Work; provided, however, that
group and/or classification seniority in a Union's Master Labor Agreement as 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 and/or general foreman
shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the
designated Contractor representatives. Craft foreman shall be designated as working foreman at
the request of the Contractors.
Section 3.14 Out of State Workers In detenriming compliance with the targeted hiring goals of
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
further provided that such representatives shall notify the person charged with on-site project
supervision and fully comply with posted visitor, security and safety rules.
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Section 4.2 Stewards
4.2.1 Each signatory Union shall have the right to dispatch a working journeyperson as
a steward for each shift, and shall notify the Contractor in writing of the identity of the
designated steward or stewards prior to the assumption of such person's duties as steward. Such
designated steward or stewards shall not exercise any supervisory functions. There will be no
non -working stewards. Stewards will receive the regular rate of pay for their respective crafts.
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 same with the employee's appropriate supervisor. Each steward should be concerned only
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 request and the Union shall appoint such additional working stewards as the
Contractor requests to provide independent coverage of one or more such locations. In such
cases, a steward may not service more than one work location without the approval of the
Contractor.
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 agrees to notify the appropriate Union
twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge
for just cause. If the steward is protected against such layoff by the provisions of the applicable
Master Labor Agreement, such provisions shall be recognized when the steward possesses the
necessary qualifications to perform the remaining work. In any case in which the steward is
discharged or disciplined for just cause, the appropriate Union will be notified immediately by
the Contractor, and such discharge or discipline shall not become final (subject to any later filed
grievance) until twenty-four (24) hours after such notice has been given.
ARTICLE 5
WAGES AND BENEFITS
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
classifications in compliance with the applicable prevailing wage rate determination established
pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that
rate as of its effective date under the law. This Agreement does not relieve Contractors directly
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.
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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 employee—
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
administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by
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 Trast(s)
prior to the receipt of its final payment and/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
otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.
Section 5.3 Wage Premiums Wage premiums, including but not limited to pay based on
height of work, hazard pay, scaffold pay and special skills shall not be applicable to 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 Sunday and conclude on Saturday. The foregoing provisions
of this Article are applicable unless otherwise provided in the applicable prevailing wage
determination, or unless changes are permitted by law and such are agreed upon by the Parties.
Nothing herein shall be construed as guaranteeing any employee eight (8) hours per day or forty
(40) hours per week, or a Monday through Friday standard work schedule.
Section 6.2 Place of Work Employees shall be at their place of work (as designated by the
Contractor), at the starting time and shall remain at their place of work, performing their
assigned functions, until quitting time. The place of work is defined as the gang or tool box or
equipment at the employee's assigned work location or the place where the foreman gives
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6.22.17 14 City of Santa Ana
instructions. The Parties reaffirm 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 unless the 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. There shall be no pyramiding of overtime (payment of more than one form 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 ('/2) hour
non -paid lunch period, for eight (8) hours pay. 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 residents of the Project being widertaken by the City and agree that all
Parties to this Agreement desire and intend Project Work to be undertaken in a cost efficient and
effective manner to the highest standard of quality and craftsmanship. Recognizing the economic
conditions, the Parties agree that, except to the extent permitted by law, employees performing
Project Work shall not be entitled to any differentials or additional pay based upon the shift or
work schedule of the employees. Instead, all employees working on Project Work shall be paid
at the same base rate regardless of shift or work schedule worked.
6.4.3 Because of operational necessities, the second shift may, at the City's direction,
be scheduled without the preceding shift having been worked. It is recognized that the City's
operations and/or mitigation obligations may require restructuring of normal work schedules.
Except in an emergency or 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.
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 receive four (4) hours of pay at the regular straight time hourly rate. Employees
who work beyond four (4) hours shall be paid for actual hours worked. Whenever reporting pay
is provided for employees, they will be required to remain at the Project Site and available for
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6.22.17 15 City of Santa Ana
work for such time as they receive pay, unless released earlier by the principal supervisor of 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
discharged for cause or is not working as a result of the Contractor's invocation of Section 12.3,
the employee shall only be paid for actual time worked.
Section 6.7 Meal Periods The Contractor will schedule a 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 coordinates the meal periods of two or more crafts. An employee may be required to work
through his meal period because of an emergency or a threat to life or property, or for such other
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 general wage
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 scheduled work 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, 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, 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 Trades Council and the Union shall take all steps necessary to obtain compliance with 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.
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6.22.17 16 City of Santa Ana
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 agreements expire during the term of
the: Project, the Union(s) agree that there shall be no work disruption of any kind as described in
Section 7.1 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 rates to employee benefit funds under the prior contract different 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 Orange County.
7.4.2 Each of the Unions with a contract expiring must offer to continue working 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
contract agrees to the following retroactive provisions: if a new Master Labor Agreement, local,
regional or other applicable labor agreement for the industry having application at the Project is
ratified and signed during the term of this Agreement and if such new labor agreement provides
for retroactive wage increases,, then each affected Contractor shall pay to its employees who
performed work covered by this Agreement at the Project during the hiatus between the effective
dates of such expired and new labor agreements, an amount equal to any such retroactive wage
increase established by such new labor agreement, retroactive to whatever date is provided by
the new labor agreement for such increase to go into effect, for each employee's hours worked
on the Project during the retroactive period. All Parties agree that such affected Contractors shall
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 agreement option offered under paragraph 7.4.1 and other Contractors may elect to
continue to work on the Project under the retroactivity option offered under paragraph 7.4.2. To
decide between the two options, Contractors will be given one week after the particular labor
agreement has expired or one week after the Union has personally delivered to the Contractors in
writing its specific offer of terms of the interim agreement pursuant to paragraph 7.4.1,
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6.22.17 17 City of Santa Ana
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 employees with respect to 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 employees by the Contractor for any reason in the exercise of rights pursuant to any provision
of this Agreement, or any other agreement, nor does "lock -out" include the City's decision to
stop, suspend or discontinue any Project Work or any portion thereof for any reason.
Section 7.6 Best Efforts to End Violations
7.6.1 If a Contractor contends that there is any violation of this Article or Section 8.3, it
shall notify, in writing, the Executive Secretary of the Trades Council, the Senior Executive of
the involved Union(s) and the CWA Administrator. The Executive Secretary and the leadership
of the involved Union(s) will immediately instruct, order and use their best efforts to cause the
cessation of any violation of the relevant Article.
7.6.2 If the Union contends that 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 procedures of
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 services for failure to pay wages and 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 accordance with 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 Labor/Management Trust Funds, the Union shall give at ]east ten (10) days (unless
a lesser period of time is provided in the Union's Master Labor Agreement, but in no event less
than 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 payment of the delinquent Contractor of all monies due 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.
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Section 7.8 Expedited Enforcement Procedure Any party, including the City, which the
Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary
of this Article, or the CWA 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,
who have been selected 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. Expenses incurred in arbitration shall be borne equally by the Parties involved in the
arbitration and the decision of the arbitrator shall be final and binding on the Parties, provided,
however, that the arbitrator shall not have the authority to alter or amend or 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
Trades Council if it is a Union alleged to be in violation. For purposes of this Article, written
notice may be given by telegram, facsimile, hand delivery 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
Executive Secretary and the Senior Official(s) as required by Section 7.6, as above.
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 exceed 24 hours unless otherwise agreed upon by all Parties. A
failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or
the issuance of any award by the arbitrator.
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 Section 8.3 has in fact occurred. The arbitrator shall have no 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 issued without an
opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but
its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may
order cessation of the violation of 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
documents referred to herein above in the following manner. Written notice of the filing of such
enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a
temporary order enforcing the arbitrator's award as issued under 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
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6.22.17 19 City of Santa Ana
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) and to the representing Union (for an
employee), by certified mail by the Party or Parties first alleging the violation.
7.8.6 Any rights created by statute or law governing arbitration proceedings
inconsistent with the above procedure or which interfere with compliance hereto are hereby
waived by the Parties to whom they accrue.
7.8.7 The fees and expenses of the arbitrator shall be equally divided between the Party
or Parties initiating this procedure and the respondent Party or Parties.
ARTICLE 8
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 8.1 Assienment of 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 All jurisdictional disputes on Project Work between or among the
building and construction trades Unions and the Employers parties to this Agreement, shall be
settled and adjusted according to the present Plan established by the Building and Construction
Trades Department or any other plan or method of procedure that may be adopted in the future
by the Building and Construction Trades Department. Decisions rendered shall be final, binding
and conclusive on the Employers and Unions parties to this Agreement.
8.2.1 If a dispute arising under this Article involves the Southwest Regional Council of
Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures
specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas
Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator's hearing on the dispute shall be
held at the offices of the Trades Council 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
resolved without the occurrence of any strike, work stoppage, or slow -down of any nature, and
the Employer's assignment shall be adhered to until the dispute is 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
pre -job 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 otherwise advising the public that a
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6.22.17 20 City of Santa Ana
labor dispute exists, or interference with the progress of Project Work by reason of a
jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set
forth in the Plan, if such procedures are 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
enumerated in this Agreement, the Contractors expressly reserve their management rights and all
the rights conferred upon them by law. The Contractor's rights include, but are not limited to, the
right to:
(a) Plan, direct and control operations of all work;
(b) Hire, promote, transfer and layoff their own employees, respectively, as deemed
appropriate to satisfy work and/or skill requirements;
(c) Promulgate and require all employees to observe reasonable job rules and security
and safety regulations;
(d) Discharge, suspend or discipline their own employees for just cause;
(e) Utilize, in accordance with City approval, any work methods, procedures or
techniques, and select, use and install any types or kinds of materials, apparatus or equipment,
regardless of source of manufacture or construction; assign and schedule work at their discretion;
and
(f) Assign overtime, determine when it will be worked and the number and identity
of employees engaged in such work, subject to such provisions in the applicable 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. The 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;
(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;
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6.22.17 21 City of Santa Ana
(c) At its sole option, terminate, delay and/or suspend any and all portions of the
covered work at any time; prohibit some or all work on certain days or during certain hours of
the day to accommodate the ongoing operations of the City's Facilities and/or to mitigate the
effect of ongoing Project Work on businesses and 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 reasonable notice of any changes it requires pursuant to this section; provided,
however, that if notice is not provided in time to advise employees not 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, procedures or 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 There should be 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
preassembled materials, tools or other labor saving devices, subject to the application of the State
Public Contracts and Labor Codes as required by law. The onsite installation or application of
such items shall be performed by the craft having jurisdiction over such work.
Section 9.4 Special Equipment, Warranties and Guaranties
9.4.1 It is recognized that certain equipment of a highly technical and specialized nature
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.
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 standardized and/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 whether a particular part or pre -assembled item is a standardized or catalog part
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6.22.17 22 City of Santa Ana
or item, the work will precede as directed by the Contractor and the Parties shall immediately
consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the
right to proceed through the procedures set forth in Article 10.
Section 9.5 No Less Favorable Treatment The parties agree that Project Work will not
receive less favorable treatment than that on any other project which the Unions, Contractors and
employees work.
ARTICLE 10
SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 10.1 Cooneration and Harmonv 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 the purpose of assisting the local Unions, and working 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
uninterrupted performance 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 necessary to 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.
Step 1. Employee Grievances 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 grievance procedure provided the
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6.22.17 23 City of Santa Ana
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.
Union or Contractor Grievances Should the Union(s) or any Contractor have
a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the
disputing Party knew or should have known of the facts or occurrence giving rise to the dispute,
a settlement is not reached within five (5) 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.
Step 2. The business manager of the involved Union or his designee, together with
the site representative of the involved Contractor, and the labor relations 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 appealed in writing in accordance with the provisions of Step 3
within seven (7) calendar days after the initial meeting at Step 2.
Step 3• (a) If the grievance shall have been submitted but not resolved under
Step 2, either the Union of Contractor Party may request in writing to the CWA Administrator
(with copy(ies) to the other Party(ies) within seven (7) calendar days after the initial Step 2
meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list 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 said hearing shall not delay the hearing of evidence or
the issuance of 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 made by 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 decisions only on issues
presented and shall not have the authority to change, amend, add to or detract from any of the
provisions of this 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.
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
discharged for violation of Section 7.2, or Section 8.3, may resort to the procedures of this
Article to determine only if he/she was, in fact, engaged in that violation.
Final Draft Commmiity Workforce Agreement
6.22.17 24 City of Santa Ana
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 11
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, as well as Santa Ana Municipal Code section 33-206 on prevailing wages.
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 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), the City, 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.
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
and employee compliance with any safety rules contained herein or established by the City or the
Contractor, whichever is most restrictive shall apply. It is understood that employees have an
individual obligation to use diligent care to perform their work in a safe manner and to protect
themselves and the property of the Contractor and the City.
12.1.2 Employees shall be bound by the safety, security and visitor rules established by
the Contractor and/or the City. These rules will be published and posted. An employee's failure
to satisfy his/her obligations under this section will subject him/her to discipline, up to and
including discharge.
Final Draft Community Workforce Agreement
6.22.17 25 City of Santa Ana
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, employees will 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 basic hourly rate of pay.
Section 12.3 Water and Sanitary Facilities The Contractor shall provide adequate supplies of
drinking water and sanitary facilities for all employees as required by state law 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
superseded by the applicable prevailing wage determination.
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 construction industry, the obligation 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 Labor/Management Apprenticeship and/or training
Programs in the construction industry leading to participation in such apprenticeship programs.
The City and the Trades Council, will work cooperatively to identify, or establish and maintain,
effective programs and procedures for persons interested in entering the construction industry
and which will help prepare them for the formal joint labor/management apprenticeship
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
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
Project Work. Where the applicable standards establish a lower percentage, the applicable Union
will use its best efforts with the Joint Labor Management apprenticeship committee and, if
necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.
Final Draft Community Workforce Agreement
6.22.17 26 City of Santa Ana
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 in
compliance, at a minimum, with the applicable provisions of the Labor Code relating to
utilization of apprentices. The City shall encourage such utilization, 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 Parties agree that apprentices will not be dispatched to Contractors working
under this Agreement unless there is a journeymen working on the project where the apprentice
is to be employed who is qualified to assist and oversee the apprentice's progress through the
program in which he 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
a journeyman to the Trades Council.
ARTICLE 15
WORKING CONDITIONS
Section 15.1 Meal and Rest Periods There will be no non -working times established during
working hours except as may be required by applicable state law or regulations. Meal periods
and Rest periods shall be as provided for in Wage Order 16. Individual coffee containers will 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, and/or relevant Contractor shall
establish such reasonable work rules as they deem appropriate and not inconsistent with this
Agreement. These rules will be posted at the work sites by the Contractor and may be amended
thereafter as necessary. Failure to observe these rules and regulations by employees may be
grounds for discipline up to and including discharge.
Section 15.3 Emergency Use of Tools and Equipment There should be no restrictions on the
emergency use of any tools by any qualified employee or supervisor, or on the use of any tools
or equipment for the performance of work within the jurisdiction, provided the employee can
safely use the tools and/or equipment involved and is compliance with applicable governmental
rules and regulations.
Section 15.4 Access Restrictions for Cars Recognizing the nature of the work being conducted
on the site, employee access by a private automobile may be limited to certain roads and/or
parking areas.
Final Draft Community Workforce Agreement
6.22.1.7 27 City of Santa Ana
ARTICLE 16
PRE -JOB CONFERENCES
Section 16.1 Each Primary Contractor which is awarded a Construction Contract by the City
for Project Work shall conduct a Pre -Job conference with the appropriate affected Union(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 advance of all such conferences and may participate if they wish. All work
assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre -Job
conference in accordance with industry practice. Should there be any formal jurisdictional
dispute raised under Article 8, the CWA Administrator shall be promptly notified. Primary
Contractor shall have available at the Pre -Job conference the plans and drawing for the work to
be performed on the Project. Should additional Project Work not previously included within the
scope of the Project Work be added, the Contractors performing such work will conduct a
separate pre -job for such newly included work.
ARTICLE 17
LABOR/MANAGEMENT COOPERATION
Section 17.1 Joint Committee The Parties to this Agreement may establish a six (6) person
Joint Administrative Committee (JAC). This J'AC shall be comprised of three (3) representatives
selected by the City and three (3) representatives selected by 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 Agreement under Section 22. 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)
representatives selected by the City and at least two (2) representatives selected by 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 progress of the Project, general labor management problems that may arise, and
any other matters consistent with this Agreement. Substantive grievances or disputes arising
under Articles 7, 8 or 10 shall not be reviewed or discussed by this Committee, but shall be
processed pursuant to the provisions of the appropriate Article. The CWA Administrator shall be
responsible for the scheduling of the meetings, the preparation of the agenda topics for the
meetings, with input from the Unions the Contractors and the City. Notice of the date, time and
place of meetings, shall be given to the Committee members at least three (3) days prior to the
meeting. The CWA Administrator shall prepare quarterly reports on apprentice utilization and
the training and employment of City residents, and a schedule of Project Worlc and estimated
number of craft workers needed. The Committee or an appropriate subcommittee, may review
such reports and malce any recommendations for improvement, if necessary, including increasing
Final Draft Community Workforce Agreement
6.22.17 28 City of Santa Ana
the availability of skilled trades, and the employment of local residents or other individuals who
should be assisted with appropriate training to qualify for apprenticeship programs.
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 Parties hereto agree that in the event any provision of this Agreement is finally
held or determined to be illegal or void as being in contravention of any applicable law or
regulation, the remainder of the Agreement shall remain in full force and effect unless the part or
parts so found to be void are wholly inseparable from the remaining portions of this Agreement.
Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or
determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly
enter into negotiations concerning the substantive effect of such decision for the purposes of
achieving conformity with the requirements of any applicable laws and the intent of the Parties
hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted
by any court, suspending temporarily or permanently the implementation of 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 and/or
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 the fact 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 such waiver shall not
constitute a modification of the Agreement or change in the terms and conditions of the
Agreement and shall not relieve, excuse or release any of the Parties from 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 agreement in writing, hereafter signed by the negotiating Parties hereto.
Final Draft Community Workforce Agreement
6.22.17 29 City of Santa Ana
In the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit,
the provisions of this Agreement shall 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 covered Project Work awarded during
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
directed by the City Council and the signatory Unions for such further periods as the Parties shall
agree to.
Section 22.2 Turnover and Final Acceptance of Completed Work
22.2.1 Construction of any phase, portion, section, or segment of 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.
22.2.2 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.
[This section intentionally left blank]
Final Draft Community Worldorce Agreement
6.22.17 30 City of Santa Ana
IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be
executed as of the date and year above stated.
CITY OF SANTA ANA
ATTEST:
By��
Maria D. Huizar
Clerk of Council
APPROVED AS TO FORM:
Ad � k lkW�
Sonia R. Carvalho
City Attorney
Final Draft Community Workforce Agreement
6.22.17
LOS ANGELES/ORANGE COUNTIES
BUILDING & CONSTRUCTION
TRADES COUNCIL
By:
Ron Miller
Executive Secretary
31 City of Santa Ana
LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION
Asbestos Heat & Frost Insulators (Local 5)
Boilermakers (Local 92)
Bricklayers & Allied Crafiworkers (Local 4)
Cement Masons (Local 500)
District Council of Laborers
Electricians (Local 441)
Elevator Constructors (Local 18)
Gunite Workers (Local 345)
Iron Workers (Reinforced — Local 416)
Iron Workers (Structural — Local 433)
Laborers (Local 300) (remediation)
Laborers (Local 652)
Operating Engineers (Local 12)
Operating Engineers (Local 12)
Operating Engineers (Local 12)
Painters & Allied Trades DC 36
Pipe Trades (Local 250)
Pipe Trades (Local 345)
Pipe Trades (Plumbers/Fitters Local 582)
Pipe Trades (Sprinkler Fitters Local 709)
Plasterers (Local 200)
Plaster Tenders Local (1414)
Roofers & Waterproofers (Local 220)
Sheet Metal Workers (Local 105)
Teamsters (Local 952)
Southwest Regional Council of Carpenters
9
Final Draft Community Workforce Agreement
6.22.17 32 City of Santa Ana
ATTACHMENT A — LETTER OF ASSENT
To be signed by all contractors awarded work covered by the City of Santa Ana
Community Workforce Agreement prior to commencing work.
[Contractor's Letterhead]
CWA Administrator
City of Santa Ana
1234 address
City, state, zip code
Attn:
Re: Community Workforce Agreement - Letter of Assent
Dear Sir:
This is to confirm that [name of company] agrees to be party to and bound by the City of Santa
Ana Community Workforce Agreement effective , 2017, as such Agreement may, from
time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such
obligation to be a party and bound by this Agreement shall extend to all work covered by the
agreement undertaken by this Company on the project and this Company shall require all of its
contractors and subcontractors of whatever tier to be similarly bound for all work within the
scope of the Agreement by signing and furnishing to you an identical letter of assent prior to
their commencement of work.
Sincerely.
[Name of Construction Company]
By: [ ] Name and Title of Authorized Executive
Contractor State License No.:
[Copies of this letter must be submitted to the CWA Administrator and to the Trades Council
Consistent with Section 2.6 (b).]
6/28/2016 Draft PLA 33 City of Santa Ana
ATTACHMENT B
FIRST TIER ZIP
CODES (CITY
BOUNDARY)
*Some Zip Codes shared
with neighboring cities
92701
92702
92703
92704
92705
92706
92707
92711
92712
92725
92735
92799
*92866
*92868
6/28/2016 Draft PLA 34 City of Santa Ana
ATTACHMENT B — Continued
SECOND TIER ZIP CODES
REMAINDER OF ORANGE COUNTY,
Zip Code
City
90620
Buena Park
90621
Buena Park
90622
Buena Park
90623
La Palma
90624
Buena Park
90630
Cypress
90631
La Habra
90632
La Habra
90633
La Habra
90680
Stanton
90720
Los Alamitos
90721
Los Alamitos
90740
Seal Beach
90742
Sunset Beach
90743
Surfside
92602
Irvine
92603
Irvine
92604
Irvine
92605
Huntington Beach
92606
Irvine
92607
Laguna Niguel
92609
EI Toro
92610
Foothill Ranch
92612
Irvine
92614
Irvine
92615
Huntington Beach
92616
Irvine
92617
Irvine
92618
Irvine
92619
Irvine
92620
Irvine
92623
Irvine
92624
Capistrano Beach
92625
Corona Del Mar
92626
Costa Mesa
92627
Costa Mesa
92628
Costa Mesa
6/28/2016 Draft PLA 35 City of Santa Alia
92629
Dana Point
92630
Lake Forest
92637
Laguna Woods
92646
Huntington Beach
92647
Huntington Beach
92648
Huntington Beach
92649
Huntington Beach
92650
East Irvine
92651
Laguna Beach
92652
Laguna Beach
92653
Laguna Hills
92654
Laguna Hills
92655
Midway City
92656
Aliso Viejo
92657
Newport Coast
92658
Newport Beach
92659
Newport Beach
92660
Newport Beach
92661
Newport Beach
92662
Newport Beach
92663
Newport Beach
92672
San Clemente
92673
San Clemente
92674
San Clemente
92675
San Juan Capistrano
92676
Silverado
92677
Laguna Niguel
92678
Trabuco Canyon
92679
Trabuco Canyon
92683
Westminster
92684
Westminster
92685
Westminster
92688
Rancho Santa Margarita
92690
Mission Viejo
92691
Mission Viejo
92692
Mission Viejo
92693
San Juan Capistrano
92694
Ladera Ranch
92697
Irvine
92698
Aliso Viejo
92708
Fountain Valley
92709
Irvine
92710
Irvine
92728
Fountain Valley
92780
Tustin
92781
Tustin
6/28/2016 Draft PLA 36 City of Santa Ana
92782
Tustin
92801
Anaheim
92802
Anaheim
92803
Anaheim
92804
Anaheim
92805
Anaheim
92806
Anaheim
92807
Anaheim
92808
Anaheim
92809
Anaheim
92811
Atwood
92812
Anaheim
92814
Anaheim
92815
Anaheim
92816
Anaheim
92817
Anaheim
92821
Brea
92822
Brea
92823
Brea
92825
Anaheim
92831
Fullerton
92832
Fullerton
92833
Fullerton
92834
Fullerton
92835
Fullerton
92836
Fullerton
92837
Fullerton
92838
Fullerton
92840
Garden Grove
92841
Garden Grove
92842
Garden Grove
92843
Garden Grove
92844
Garden Grove
92845
Garden Grove
92846
Garden Grove
92850
Anaheim
92856
Orange
92857
Orange
92859
Orange
92861
Villa Park
92862
Orange
92863
Orange
92864
Orange
92865
Orange
92866
Orange
92867
Orange
6/28/2016 Draft PLA 37 City of Santa Ana
92868
Orange
92869
Orange
92870
Placentia
92871
Placentia
92885
Yorba Linda
92886
Yorba Linda
92887
Yorba Linda
92899
Anaheim
6/28/2016 Draft PLA 38 City of Santa Ana
ATTACHMENT C
CITY OF SANTA ANA
CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill the
hiring requirements for this project. Atter faxing your request, please call the Local to verify receipt and substantiate their
capacity to famish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your
records.
The City of Santa Ana Community Workforce Agreement establishes a goal that 30% of the total work hours shall be from
Veterans, regardless of where they reside, and workers residing: first, in those first tier zip codes which overlap all of the City of
Santa Ana, as attached hereto, second residing within Orange County, For Dispatch purposes, employees residing within either
of these two (2) areas, as well as Veterans, regardless of where they reside, shall be referred to as Local Residents.
TO THE UNION: Please complete the "Union Use Only" section on the next page and fax this form back to the requesting
Contractor. Be sure to retain a copy of this form for your records.
To: Union Local #
Cc: CWA Administrator
From: Company:
CONTRACTOR USE ONLY
Fax#
Issued By:
Contact Phone :( 1 Contact Fax:
Date:
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.
Please have worker(s) report to the following work address indicated below:
Project Name:
Report to: _
Comment or Special Instructions:
Site:
On-site Tel:
Address:
On-site Fax:
6/28/2016 Draft. PLA 39 City of Santa Ana
Local Resident,
Number
Craft Classification
Journeyman
Veteran
of
( i.e., plumber, painter,
or
or
workers Report Date Report Time
etc.)
Apprentice
General Dispatch
needed
TOTAL WORKERS REQUESTED =
Please have worker(s) report to the following work address indicated below:
Project Name:
Report to: _
Comment or Special Instructions:
Site:
On-site Tel:
Address:
On-site Fax:
6/28/2016 Draft. PLA 39 City of Santa Ana
Date dispatch request received:
Dispatch received by:
Classification 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
VETERAN
Yes
No
GENERAL DISPATCH FROM OUT OF WORK LIST
Yes
No
6/28/2016 Draft PLA 40 City of Santa Ana
ATTACHMENT D
List of Neutral Arbitrators
Mark Burstein
Walter Daugherty
Fred Horowitz
Michael Prihar
Louis Zigman
6/28/2016 Draft PLA 41 City of Santa Ana
ATTACHMENT "E"
SUBSTANCE ABUSE POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the
construction industry and the need to develop drug and alcohol abuse prevention programs.
Accordingly, the Parties agree that in order to enhance the safety of the 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 consuming alcohol is absolutely prohibited while employees are on the Employer's job
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 respects to the provisions of this Policy.
3. No Employer may implement drug testing at any jobsite unless written notice is
given to the Union setting forth the location of the jobsite, a description of the project under
construction, and the name and telephone number of the Project Work Supervisor. Said notice
shall be addressed to the office of each Union signing the PLA. Said notice shall be delivered in
person or by registered mail before the implementation of drug testing. Failure to give such
notice shall make any drug testing engaged in by the Employer a violation of the PLA, and the
Employer may not implement any form of drug testing at 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
become employed on the Project Work subsequent to the proper implementation of this drug
testing program, such test shall be administered upon the commencement of employment on the
project, whether by referral from a Union Dispatch Office, transfer from another project, or
another method. Individuals who were employed on the project prior to the proper
implementation of this drug testing program may only be subjected to testing for the reasons set
forth in Paragraph 5(f) (1) through 5(i) (3) of this Policy. Refusal to undergo such testing shall be
considered sufficient grounds to deny employment on the project.
The following procedure shall apply to all drug testing:
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 become involved in the chain of custody of urine or blood specimens. A Union
Business Representative, subject to the approval of the individual applicant or employee, shall be
6/28/2016 Draft PLA 42 City of Santa Ana
permitted to accompany the applicant or employee to the collection facility to observe the
collection, bottling, and sealing of 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 test will be by Gas Chromatography Mass Spectrometry (GC/MS).
Cutoff levels for both the initial test and confirmation test will be those established by the
SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new
testing procedures are approved, then these new regulations will be deemed as part of this
existing agreement. Confirmed positive samples will be retained by the testing laboratory in
secured long-term frozen storage for a minimum of one year. Handling and transportation of
each sample must be documented through strict chain of custody procedures.
d. In the event of a confirmed positive test result the applicant or employee
may request, within forty-eight (48) hours, a sample of his/her specimen from the testing
laboratory for purposes of a second test to be performed at a second laboratory, designated by the
Union and approved by SAMHSA. The retest must be performed within ten (10) days of the
request. Chain of custody for this sample shall be maintained by the Employer between the
original testing laboratory and the Union's designated laboratory. Retesting shall be performed at
the applicant's or employee's expense. In the event of conflicting test results the Employer may
require a third test.
C. If, as a result of the above testing procedure, it is determined that an
applicant or employee has tested positive, this shall be considered sufficient grounds to deny the
applicant or employee his/her employment on the Project Work.
f No individual who tests negative for drugs or alcohol pursuant to the
above procedure and becomes employed on the Project Work shall again be subjected to drug
testing with the following exceptions:
I. Employees who are involved in industrial accidents resulting in
damage to plant, property or equipment or injury to him/herself or others may be tested pursuant
to 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
applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to
the procedures stated hereinabove.
3. The Employer may test an employee where the Employer has
reasonable cause to believe that the employee is impaired from performing his/her job.
6/28/2016 Draft PLA 43 City of Santa Ana
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.). Such behavior must be actually observed by at least two persons,
one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug
abuse or impairment and the other of whom shall be the job steward. If the job steward is
unavailable or there is no job steward on the project the other person shall be a member of the
applicable Union's bargaining unit. Testing shall be pursuant to the procedures stated
hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and
who test positive will be removed from the Employer's payroll.
g. Applicants 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 and who are not put to work pending the results of a test will be paid waiting
time until such time as they are put to work. It is understood that an applicant must pass the test
as a condition of employment. Applicants who are put to work pending the results of a test will
be considered probationary employees.
6. The employers will be allowed to conduct periodic job site drug testing on the
Project under the following conditions:
a. The entire jobsite must be tested, including any employee or
subcontractor's employee who worked on that project three (3) working days before or after the
date of the test;
b. Jobsite testing cannot commence sooner than thirty (30) days after start of
the work on the Project;
C. Prior to start of periodic testing, a business representative will be allowed
to conduct an educational period on company time to explain periodic jobsite testing program to
affected employees;
d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to
the provisions set forth in Paragraph 5 hereinabove.
e. Only two periodic tests may be performed in a twelve month period.
7. It is understood that the unsafe use of prescribed medication, or where the use of
prescribed medication impairs the employee's ability to perform work, is a basis for the
Employer to remove the employee from the jobsite.
8. Any grievance or dispute which may arise out of the application of this
Agreement shall be subject to the grievance and arbitration procedures set forth in the PLA.
9. The establishment or operation of this Policy shall not curtail any right of any
employee found in any law, rule or regulation. Should any part of this Agreement be found
6/28/2016 Draft PLA 44 City of Santa Ana
unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the
parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter
negotiations to replace the affected provision.
10. Present employees, if tested positive, shall have the prerogative for rehabilitation
program at the employee's expense. When such program has been successfully completed the
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 agrees that results of urine and blood tests performed hereunder
will be considered medical records held confidential to the extent permitted or required by law.
Such records shall not be released to any persons or entities other than designated Employer
representatives and the applicable Union. Such release to the applicable Union shall only be
allowed upon the signing of a written release and the information contained therein shall not be
used to discourage the employment of the individual applicant or employee on any subsequent
occasion.
12. The Employer shall indemnify and hold the Union harmless against any and all
claims, demands, suits, or liabilities that may arise out of the application of this Agreement
and/or any program permitted hereunder.
13. Employees who seek voluntary assistance for substance abuse may not be
disciplined for seeking such assistance. Requests from employees for such assistance shall
remain confidential and shall not be revealed to other employees or management personnel
without the employee's consent. Employees enrolled in substance abuse programs shall be
subject to all Employer rules, regulations and job performance standards with the understanding
that an employee enrolled in such a program is receiving treatment for an illness.
14. This Memorandum, of Understanding shall constitute the only Agreement in effect
between the parties concerning drug and alcohol abuse, prevention and testing. Any
modifications thereto must be accomplished pursuant to collective bargaining negotiations
between the parties.
6/28/2016 Draft PLA 45 City of Santa Ana
DRUG
Alcohol
Amphetamines
Barbiturates
Benzodiazepines
Cocaine
Methadone
Methaqualone
Opiates
PCP (Phencyclidine)
THC (Marijuana)
Propoxyphene
DRUG ABUSE PREVENTION AND DETECTION
APPENDIX A
CUTOFF LEVELS
SCREENING SCREENING CONFIRMATION CONFIRMATION
METHOD LEVEL** METHOD LEVEL
EMIT .
0.02%
CG/MS
0.02%
EMIT
1000 ng/m*
CG/MS
500 ng/ml*
EMIT
300 ng/ml
CG/MS
200 ng/ml
EMIT
300 ng/ml
CG/MS
300 ng/ml
EMIT
300 ng/ml*
CG/MS
150 ng/ml*
EMIT
300 ng/ml
CG/MS
100 ng/ml
EMIT
300 ng/ml
CG/MS
300 ng/ml
EMIT
2000 ng/ml*
CG/MS
2000 ng/ml*
EMIT
25 ng/ml*
CG/MS
25 ng/ml*
EMIT
50 ng/ml*
CG/MS
15 ng/ml*
EMIT
300 ng/ml
CG/MS
100 ng/ml
* SAMHSA specified threshold
** A sample reported positive contains the Indicated drug at or above the cutoff level for
that drug. A negative sample either contains no drug or contains a drug below the cutoff level.
EMIT - Enzyme Immunoassay
CC/MS - Gas Chromatography/Mass Spectrometry
6/28/2016 Draft PLA 46 City of Santa Ana
SIDE LETTER OF AGREEMENT
TESTING POLICY FOR DRUG ABUSE
It is hereby agreed between the parties hereto that an Employer who has otherwise properly
implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right
to offer an applicant or employee a "quick" drug screening test. This "quick" screen test shall
consist either of the "ICUP" urine screen or similar test or an oral screen test. The applicant or
employee shall have the absolute right to select either of the two "quick" screen tests, or to reject
both and request a full drug test.
An applicant or employee who selects one of the quick screen tests, and who passes the test,
shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or
who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the
Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be discarded
immediately upon conclusion of the test. An applicant or employee shall not be deprived of any
rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related
to the "quick" screen test.
6/28/2016 Draft PLA 47 City of Santa Ana