Common use of Procedure for Arbitration of Disputes Clause in Contracts

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A shall be recognized unless called to the attention of and, in the event, it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in Article XII, Joint Conference Board and Procedure for Settling Grievances and Disputes, or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix A, the grievance shall not be heard by the Joint Adjustment Board but shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ability to pay. Each party shall pay for its own costs, expenses, and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' fees, or if there is a written agreement providing for an award of costs or attorneys' fees, the Arbitrator may award costs and reasonable attorneys' fees to the prevailing party. Any issue regarding the payment of fees of costs, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Agreement or other agreement(s) between the Union and a Contractor or the Association, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Agreement or other agreement(s) between the Union and a Contractor or the Association.

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A shall be recognized unless called to the attention of and, in the event, event it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in Article XII, Joint Conference Board and the Procedure for Settling Grievances Settlement of Grievance and Disputes, Disputes in Section 19 or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix A, the grievance shall not be heard by the Joint Adjustment Board but shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII VI shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ability to pay. Each party shall pay for its own costs, expenses, and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' fees, or if there is a written agreement providing for an award of costs or attorneys' fees, the Arbitrator may award costs and reasonable attorneys' fees to the prevailing party. Any issue regarding the payment of fees of costs, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors.

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A shall be recognized unless called to the attention of and, in the event, it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in Article XIIXVII, Joint Conference Board and Procedure for Settling Grievances and Disputes, or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix A, the grievance shall not be heard by the Joint Adjustment Board but shall proceed directly to an independent Arbitrator. In such cases, the procedures for the selection of an Arbitrator contained in Article XII XVII shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ability to pay. Each party shall pay for its own costs, expenses, and attorneys' fees, fees if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' fees, or if there is a written agreement providing for an award of costs or attorneys' fees, the Arbitrator may award costs and reasonable attorneys' fees to the prevailing party. Any issue regarding the payment of fees of costs, costs and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Agreement or other agreement(s) between the Union and a Contractor or the Association, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Agreement or other agreement(s) between the Union and a Contractor or the Association.

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A shall be recognized unless called to the attention of and, in the event, event it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in Article XII, Joint Conference Board and the Procedure for Settling Grievances Settlement of Grievance and Disputes, Disputes in Article VI or (ii) the time provided for under applicable statute. The employee and Contractor shall give written notice to the Union of the existence of a Statutory Dispute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee employee, not the Local Union or Union, in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing hearing, but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix A, the grievance shall not be heard by the Joint Adjustment Board but Board; it shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII VI shall not apply; instead. Instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Employment Arbitration Rules for Employment Disputesand Mediation Procedures. Unless the parties proceeding to an arbitration agree otherwise, they shall request that only lawyers and retired judges be included on all panels of arbitrators offered to the parties. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ability to pay. Each party shall pay for its own costs, expenses, and attorneys' ’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' ’ fees, or if there is a written agreement providing for an award of costs or attorneys' ’ fees, the Arbitrator may award costs and reasonable attorneys' ’ fees to the prevailing party. Any issue regarding the payment of fees of or costs, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such the arbitration of Statutory Disputes, and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' ’ fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The Arbitrator shall state the reasons for the arbitration decision. Notwithstanding the foregoing, the Arbitrator shall not have the authority to award penalties payable to the Labor and Workforce Development Agency pursuant to the Private Attorneys General Act (Part 13 of Division 2 of the California Labor Code). The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors.

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A C shall be recognized unless called to the attention of and, in the event, event it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in the procedure for settlement of grievance and disputes in Article XII, Joint Conference Board and Procedure for Settling Grievances and Disputes, XV or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing hearing, but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix AC, the grievance shall not be heard by the Joint Adjustment Board Board, but shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII XV shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ’s ability to pay. Each party shall pay for its own costs, expenses, and attorneys' ’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' fees, or if there is a written agreement providing for an award of costs or attorneys' ’ fees, the Arbitrator may award costs and reasonable attorneys' fees ’ fee to the prevailing party. Any issue regarding the payment of fees of or costs, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such such, and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' ’ fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Southern Nevada Drywall Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Southern Nevada Drywall Master Labor Agreement or other agreement(s) between the Union and a Contractor or the Association.Contractors. The parties agree to review this Appendix on a regular basis and as the law evolves, engage in good faith discussions to consider modifications to maintain its effectiveness. HFB 1902906.1 S6358002

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A shall be recognized unless called to the attention of and, in the event, event it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in the procedure for settlement of grievance and disputes in Article XII, Joint Conference Board and Procedure for Settling Grievances and Disputes, IV or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing hearing, but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix AAppendix, the grievance shall not be heard by the Joint Adjustment Board Board, but shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII IV shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ’s ability to pay. Each party shall pay for its own costs, expenses, and attorneys' ’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' fees, or if there is a written agreement providing for an award of costs or attorneys' ’ fees, the Arbitrator may award costs and reasonable attorneys' fees ’ fee to the prevailing party. Any issue regarding the payment of fees of or costs, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such such, and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' ’ fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Agreement or other agreement(s) between the Union and a Contractor or the Association, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Agreement or other agreement(s) between the Union and a Contractor or the Association. The parties agree to review this Appendix on a regular basis and as the law evolves, engage in good faith discussions to consider modifications to maintain its effectiveness.

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A shall be recognized unless called to the attention of and, in the event, event it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in Article XII, Joint Conference Board and the Procedure for Settling Grievances Settlement of Grievance and Disputes, Disputes in Article VI or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing hearing, but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix AAppendix, the grievance shall not be heard by the Joint Adjustment Board Board, but shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII Appendix B shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ability to pay. Each party shall pay for its own costs, expenses, and attorneys' ’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' fees, or if there is a written agreement providing for an award of costs or attorneys' ’ fees, the Arbitrator may award costs cost and reasonable attorneys' ’ fees to the prevailing party. Any issue regarding the payment of fees of costscost, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such such, and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' ’ fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the Contractors. C.1 CONTRACTOR TRUST STANDARDS 1.1 Owner Performing Bargaining Work / Exempt Owner: C.1.1.1 An Owner is defined as a sole proprietor, partners, or shareholders and/or officers of a corporation. C.1.1.2 Each signatory Contractor may designate one Owner to perform bargaining unit work without complying with the terms and conditions of the Agreement, including, but not limited to, payment of wages and benefits under Appendix E. The designated Owner under this provision shall be referred to as the “Exempt Owner”. C.1.1.3 The “Exempt Owner” shall be designated in writing at the time the Contractor becomes signatory to the Agreement. Such written notification shall be made to District Council No. 16, the applicable Benefit Trust Funds listed in Section C.2.1, and the appropriate Contractor’s Association., if the Contractor is a member of an association. Failure to provide written notification shall prohibit the Contractor from designating an Exempt Owner for that calendar year and all Owners performing bargaining unit work shall meet the requirements in Paragraph

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A C shall be recognized unless called to the attention of and, in the event, event it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in Article XII, Joint Conference Board and the Procedure for Settling Grievances Settlement of Grievance and Disputes, Disputes in Article VI or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing hearing, but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix AC, the grievance shall not be heard by the Joint Adjustment Board Board, but shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII VI shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ’s ability to pay. Each party shall pay for its own costs, expenses, and attorneys' ’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' ’ fees, or if there is a written agreement providing for an award of costs or attorneys' ’ fees, the Arbitrator may award costs and reasonable attorneys' ’ fees to the prevailing party. Any issue regarding the payment of fees of costs, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such such, and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' ’ fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the Association.Contractors. Laborers' Health and Welfare Fund for Southern California $9.73 Construction Laborers' Pension Fund for Southern California $6.50 Construction Laborers' Vacation Fund for Southern California $4.47* Laborers' Training and Retraining Fund for Southern California $1.52 Fund for Construction Industry Advancement $0.08 Center for Contract Compliance Trust Fund $0.25 Contract Administration Fund $0.07 Laborers Trusts’ Administrative Trust Fund $0.12 Partnership for Jobs Industry Advancement Fund $0.10 Total: $22.84 * Includes Supplemental Dues contribution ($1.69) 7/4/16 To be determined and approved by the Associations and the Union. 7/3/17 To be determined and approved by the Associations and the Union. Laborers' Health and Welfare Fund for Southern California $6.86 Construction Laborers' Pension Fund for Southern California $6.50 Construction Laborers' Vacation Fund for Southern California $4.47* Laborers' Training and Retraining Fund for Southern California $0.64 Fund for Construction Industry Advancement $0.08 Center for Contract Compliance Trust Fund $0.25 Contract Administration Fund $0.07 Laborers Trusts’ Administrative Trust Fund $0.12 Partnership for Jobs Industry Advancement Fund $0.10 Total: $19.09 * Includes Supplemental Dues contribution 7/4/16: $1.60 ($0.25 to Pension, $1.35 to be allocated by the Union) 7/3/17: $1.65 ($0.25 to Pension; $1.40 to be allocated by the Union)

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A Section 907 shall be recognized unless called to the attention of and, in the event, event it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in Article XII, Joint Conference Board and the Procedure for Settling Grievances Settlement of Grievance and Disputes, Disputes in Article VI or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing hearing, but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix ASection 907, the grievance shall not be heard by the Joint Adjustment Board Board, but shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII VI shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ’s ability to pay. Each party shall pay for its own costs, expenses, and attorneys' ’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' ’ fees, or if there is a written agreement providing for an award of costs or attorneys' ’ fees, the Arbitrator may award costs and reasonable attorneys' ’ fees to the prevailing party. Any issue regarding the payment of fees of costs, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such such, and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' ’ fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors.

Procedure for Arbitration of Disputes. No Statutory Dispute subject to this Appendix A Section 907 shall be recognized unless called to the attention of and, in the event, event it is not resolved, confirmed in writing by the individual employee to the individual Contractor and the Local Union within the later of (i) the time set forth in Article XII, Joint Conference Board and the Procedure for Settling Grievances Settlement of Grievance and Disputes, Disputes in Article VI or (ii) the time provided for under applicable statute. Grievances and arbitrations of all Statutory Disputes shall be brought by the individual employee in an individual capacity only and not as a grievant or class member in any purported class or representative grievance or arbitration proceeding. The Arbitrator shall have the authority to consolidate individual grievances for hearing hearing, but shall not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one grievance or arbitration proceeding. If the individual employee dispute is a Statutory Dispute subject to this Appendix ASection 907, the grievance shall not be heard by the Joint Adjustment Board Board, but shall proceed directly to an independent Arbitrator. In such cases, the procedures for selection of an Arbitrator contained in Article XII VI shall not apply; instead, the individual employee and the Contractor shall proceed to arbitration pursuant and subject to the American Arbitration Association National Rules for Employment Disputes. The Contractor shall pay all fees and costs related to the services of the American Arbitration Association and the services of the Arbitrator; however, the Arbitrator may reallocate such fees and costs in the arbitration award, giving due consideration to the individual employee's ’s ability to pay. Each party shall pay for its own costs, expenses, and attorneys' ’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party costs or attorneys' ’ fees, or if there is a written agreement providing for an award of costs or attorneys' ’ fees, the Arbitrator may award costs and reasonable attorneys' ’ fees to the prevailing party. Any issue regarding the payment of fees of costs, and any disputes about the manner of proceeding shall be decided by the Arbitrator selected. The Local Union or Union shall not be a party to such such, and shall bear no costs or fees of the arbitration. The Arbitrator shall have full authority to fashion such remedies and award relief consistent with limitations under federal and state law, and precedent established thereunder, whether by way of damages or the award of attorneys' ’ fees and other costs, orders to cease and desist, or any and all other reasonable remedies designed to correct any violation which the Arbitrator may have found to have existed, including such remedies as provided under applicable state or federal law or regulation. This authority includes all remedies available under the California Labor Code provided that nothing in this Section 907 authorizes the award of penalties under PAGA that would be payable to the Labor and Workforce Development Agency. The decision of the Arbitrator is final and binding upon the parties and is enforceable in a court of competent jurisdiction. The Arbitrator shall not have any authority to award relief that would require amendment of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors, or which conflicts with any provision of any collective bargaining agreement or such other agreement(s). Any arbitration outcome shall have no precedential value with respect to the interpretation of the Master Labor Agreement or other agreement(s) between the Union and a Contractor or the AssociationContractors.