Common use of JURISDICTIONAL DISPUTES – NORTHERN CALIFORNIA PLAN Clause in Contracts

JURISDICTIONAL DISPUTES – NORTHERN CALIFORNIA PLAN. 19.1 The assignment of Covered Work will be solely the responsibility of the Contractor 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. 19.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Contractors party 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 Contractors and Unions party to this Agreement. 19.3 For the convenience of the parties, and in recognition of the expense of travel between Northern California and Washington, DC, at the request of any party to a jurisdictional dispute under this Agreement an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of Xxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxxx Xxxxxx, and Xxxxxx Xxxxx, and the Arbitrator’s hearing on the dispute shall be held at the offices of the applicable Building and Construction Trades Council. All other procedures shall be as specified in the Plan. 19.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, or other disruptive activity, and the Contractor’s or the TJPA’s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge. 19.5 The TJPA is a party in interest in all proceedings arising under this Article and, at its option, may participate in any proceeding initiated under this Article. However, the TJPA shall not be responsible for fees and expenses unless it initiates the procedure.

JURISDICTIONAL DISPUTES – NORTHERN CALIFORNIA PLAN. 19.1 18.1 The assignment of Covered Work will be solely the responsibility of the Contractor 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. 19.2 18.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Contractors party 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 Contractors and Unions party to this Agreement. 19.3 For 18.3 If a dispute arising under this Article involves the convenience of the parties, and in recognition of the expense of travel between Northern California and WashingtonCarpenters Regional Council or any of its subordinate bodies, DC, at the request of any party to a jurisdictional dispute under this Agreement an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of Xxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxxx Xxxxxx, and Xxxxxx Xxxxx, and the Arbitrator’s 's hearing on the dispute shall be held at the offices of the applicable California State Building and Construction Trades CouncilCouncil in Sacramento, California, within fourteen (14) days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan. 19.4 18.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, or other disruptive activity, and the Contractor’s or the TJPA’s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge. Each Contractor shall conduct a Pre-Job Conference with the Council prior to commencing Covered Work. The Primary Contractor and Designated Representative of the Developer will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Contractor(s) may be held together. 19.5 18.5 As set forth in Article V, Section 10 of the Plan for the Settlement of Jurisdictional Disputes: “The TJPA Arbitrator is not authorized to award back pay or any other damages for a misassignment of work. Nor may any party to this Plan bring an independent action for back pay or any other damages, based upon a decision of an Arbitrator, except that a party in interest in all proceedings arising under this Article and, at its option, may participate in seek back pay or damages for the period of non- compliance with an Arbitrator’s decision from any proceeding initiated under this Article. However, party that fails to comply with such decision within seven business days of the TJPA shall not be responsible for fees and expenses unless it initiates issuance of the procedureArbitrator’s decision.”