Common use of Referral Procedures Clause in Contracts

Referral Procedures. For Local Unions now having a job referral system as contained in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Referrals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projects. Section 2. In the event that Local Unions are unable to fill any request for employees within the time specified by the local CBAs the Contractor may employ applicants from any other available source. The Contractor shall inform the Union of the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project prior to the commencement of work, and make trust fund contributions for every hour worked. Section 3. There shall be no discrimination against any employee or applicant for employment because of his/her membership or non-membership in the Union or based upon race, creed, color, sex, age or national origin, or any other legally protected class of such employee or applicant. Section 4. No employee covered by this PLA shall be required to join any Union as a condition of being employed on the Covered Project; provided, however, that an employee who is a member of the referring Union at the time of the referral shall maintain that membership while employed under the PLA. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions’ collective bargaining agreements. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or the right of any union to collect full dues from its member. Section 5. The Parties agree that where a Contractor is not party to a current Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral of up to a maximum of five (5) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,200) hours in the construction craft during the prior two (2) years; (3) Were on the Contractor’s active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the contract award; (4) Have the ability to perform the work safely. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor hires his first core employee, the Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “core” employees as a journeyman, and shall alternate one core employee and one employee from the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contractors, requires written explanation from the Contractor that shall be communicated through the Prime Contractor to the Port and affected Union within 48 hours. Section 7. Individual seniority will not be recognized or applied to employees working on the Project. This provision will not interfere with or supersede the use by individual Contractors of “call lists” maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLA. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA will, in the normal day- to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 3 contracts

Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement

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Referral Procedures. Section 1. For Local Unions now having a job referral system as contained in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Referrals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projects. Section 2. In the event that Local Unions are unable to fill any request for employees within the time specified by the local CBAs the Contractor may employ applicants from any other available source. The Contractor shall inform the Union of the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project projects prior to the commencement of work, and make trust fund contributions for every hour worked. Section 3. There shall be no discrimination against any employee or applicant for employment because of his/her membership or non-membership in the Union union or based upon race, creed, color, sex, age or national origin, or any other legally protected class of such employee or applicant. Section 4. No employee covered by this PLA Agreement shall be required to join any Union as a condition of being employed on the Covered Projectproject; provided, however, that an employee who is a member of the referring Union union at the time of the referral shall maintain that membership while employed under the PLAAgreement. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLAAgreement. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions’ collective bargaining agreements. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or the right of any union to collect full dues from its member. Section 5. The Parties parties agree that where a Contractor is not party to a current Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral of up to a maximum of five (5) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,2001,000) hours in the construction craft during the prior two three (23) years; (3) Were on the Contractor’s active payroll for at least sixty (60) out of the ninety one hundred eighty (90180) calendar days prior to the contract award; (4) Have the ability to perform the work safely. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor contractor hires his first core employee, the Union will refer to such Contractor contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “core” employees as a journeyman, and shall alternate shall, alternate, one core employee and one employee from the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contractors, requires written explanation from the Contractor that shall be communicated through from the Prime Contractor to the Port and affected Union within 48 hours. Section 7. Individual seniority will not be recognized or applied to employees working on the Projectproject. This provision will not interfere with or supersede the use by individual Contractors of “call lists” maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLAAgreement. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA Agreement will, in the normal day- to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 3 contracts

Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement

Referral Procedures. Section 1. For Local Unions now having a job referral system as contained in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Referrals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projects. Section 2. In the event that Local Unions are unable to fill any request for employees within the time specified by the local CBAs the Contractor may employ applicants from any other available source. The Contractor shall inform the Union of the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project projects prior to the commencement of work, and make trust fund contributions for every hour worked. Section 3. There shall be no discrimination against any employee or applicant for employment because of his/her membership or non-membership in the Union union or based upon race, creed, color, sex, age or national origin, or any other legally protected class of such employee or applicant. Section 4. No employee covered by this PLA Agreement shall be required to join any Union as a condition of being employed on the Covered Projectproject; provided, however, that an employee who is a member of the referring Union union at the time of the referral shall maintain that membership while employed under the PLAAgreement. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLAAgreement. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union union when they begin work on this Covered Projectproject. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unionsunions’ collective bargaining agreements. Nothing in this Section section is intended to eliminate or affect the right of any employee to join the Union union or the right of any union to collect full dues from its member. Section 5. The Parties parties agree that where a Contractor is not party to a current Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral of up to a maximum of five (5) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,2001,000) hours in the construction craft during the prior two three (23) years; (3) Were on the Contractor’s active payroll for at least sixty (60) out of the ninety one hundred eighty (90180) calendar days prior to the contract award; (4) Have the ability to perform the work safely. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor contractor hires his first core employee, the Union will refer to such Contractor contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “core” employees as a journeyman, and shall alternate shall, alternate, one core employee and one employee from the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contractors, requires written explanation from the Contractor that shall be communicated through from the Prime Contractor to the Port and affected Union within 48 hours. Section 7. Individual seniority will not be recognized or applied to employees working on the Projectproject. This provision will not interfere with or supersede the use by individual Contractors of “call lists” maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLAAgreement. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA Agreement will, in the normal day- to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 2 contracts

Samples: Project Labor Agreement, Project Labor Agreement

Referral Procedures. For Local Unions now having a job referral system as contained in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it shall be used exclusively initially by such Contractor, except as it may be modified by this Article. Referrals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall agrees to inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projectsFAA-Funded Covered Projects. Section 2. The Local Unions are recognized as the source of employment referrals. The appropriate Union will be contacted and shall refer all applicants for employment to this Project according to the standards or criteria uniformly applied to any construction project in the area. In the event that Local Unions are any Union is unable to fill any request requisition for employees within the time specified a forty-eight (48) hour period after such requisition is made by the local CBAs Contractor (Saturdays, Sundays and Holidays excepted), the Contractor may solicit and employ applicants from any other available source. The Contractor shall inform notify the Union of employees hired by any source other than referral by the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project prior to the commencement of work, and make trust fund contributions for every hour workedUnion. Section 3. There shall Subject to the Contractor's right to call for a specific skill or ability, the job referral systems provided in the Collective Bargaining Agreements of the Union(s) set forth in Schedule A hereto, or, in the absence of such language, the referral practices in place at the Union(s ), will be no discrimination against any employee in effect for the purpose of initial employment only. Such job referral system, whether by contract or applicant for employment because of his/her membership or practice, must be operated in a non-membership discriminatory manner and in full compliance with Federal, state and local laws and regulations which require equal employment opportunities and non- discrimination, and referrals shall not be affected in any way by the Union or based upon racerules, creedregulations, colorby-laws, sex, age or national origin, constitutional provisions or any other legally protected class aspect or obligations of such employee or applicantUnion membership. Section 4. The Contractor shall have the right to determine the competence of all employees, the right to determine the number of employees required and have the sole responsibility for selecting the employees to be laid-off consistent with this Agreement regardless of membership or non- membership in the Unions. The Contractor shall also have the right to reject any applicant referred by the Unions. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contactor, requires written explanation from the Contractor that shall be communicated from the Prime Contractor to the Port and affected Union within 48 hours. Section 5. No employee covered by this PLA shall be required to join any Union as a condition of being employed on the FAA-Funded Covered Project; provided, however, that an employee who is a member of the referring Union at the time of the referral shall maintain that membership while employed under the PLA. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions’ collective bargaining agreements. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or Union. Not withstanding the right provisions of any union to collect full dues from its member. Section 5. The 2 above, the Parties agree that where a Contractor is not party to a current Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral of up to a maximum of five (5) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,200) hours in the construction craft during the prior two (2) years; (3) Were on the Contractor’s active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the contract award; (4) Have the ability to perform the work safely. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor hires his first core employee, the Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “core” employees as a journeyman, and shall alternate one core employee and one employee from the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from through the hiring hall out-of-work list(s)process set forth in Section 1 through 5 of this Article 16. For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contractors, requires written explanation from the Contractor that shall be communicated through the Prime Contractor to the Port and affected Union within 48 hours. Section 7. Individual seniority will not be recognized or applied to employees working on the Project. This provision will not interfere with or supersede the use by individual Contractors of “call lists” maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLA. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA will, in the normal day- to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 2 contracts

Samples: Project Labor Agreement, Project Labor Agreement

Referral Procedures. Section 1. For Local Unions now having a job referral system as contained in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Referrals RefeITals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall inform the Union’s 's hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projects. Section 2. In the event that Local Unions are unable to fill any request anyrequest for employees within the time specified by the local CBAs the Contractor may employ applicants from any other available source. The Contractor shall inform the Union of the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project prior to the commencement of work, and make trust fund contributions for every hour worked. Section 3. There shall be no discrimination against any employee or applicant for employment because of his/her membership or non-membership in the Union or based upon race, creed, color, sex, age or national origin, or any other legally protected class of such employee or applicant. Section 4. No employee covered by this PLA shall be required to join any Union as a condition of being employed on the Covered Project; provided, however, that an employee who is a member of the referring refen-ing Union at the time of the referral refeffal shall maintain that membership while employed under the PLA. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions' collective bargaining agreements. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or the right of any union to collect full dues from its member. Section 5. The Parties agree that where a Contractor is not party to a current cuffent Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral refeffal of up to a maximum of five (5) persons per each contractor ("core" employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,2001 ,200) hours in the construction craft during the prior two (2) years; (3) Were on the Contractor’s 's active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the contract award; (4) Have the ability to perform perfo1m the work safely. The Contractor may elect to hire its first "core" employee to be a xxxxxxx. After the Contractor hires his first core employee, the Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “'s "core" employees as a journeyman, and shall alternate one core employee and one employee from the out-of-work list, until such Contractor’s 's crew requirements are met or until such Contractor has hired five (5) "core" employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s 's work the ratio of "core" employees to hiring hall referrals shall be maintained and when the Contractor’s 's workforce is reduced, employees shall be reduced in the same ratio as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral refe1Tal or dispatch from a Union, "turnaround" or refusal of any worker by the Contractors, requires written w1itten explanation from the Contractor that shall be communicated through the Prime Contractor to the Port and affected Union within 48 hours. Section 7. Individual seniority will not be recognized or applied to employees working on the Project. This provision will not interfere with or supersede the use by individual Contractors of "call lists" maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLA. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA will, in the normal day- to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 1 contract

Samples: Project Labor Agreement

Referral Procedures. Section 1. For Local Unions now having a job referral system as contained in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it shall be used exclusively initially by such Contractor, except as it may be modified by this Article. Referrals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall agrees to inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projectsFAA-Funded Covered Projects. Section 2. The Local Unions are recognized as the source of employment referrals. The appropriate Union will be contacted and shall refer all applicants for employment to this Project according to the standards or criteria uniformly applied to any construction project in the area. In the event that Local Unions are any Union is unable to fill any request requisition for employees within the time specified a forty-eight (48) hour period after such requisition is made by the local CBAs Contractor (Saturdays, Sundays and Holidays excepted), the Contractor may solicit and employ applicants from any other available source. The Contractor shall inform notify the Union of employees hired by any source other than referral by the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project prior to the commencement of work, and make trust fund contributions for every hour workedUnion. Section 3. There shall Subject to the Contractor's right to call for a specific skill or ability, the job referral systems provided in the Collective Bargaining Agreements of the Union(s) set forth in Schedule A hereto, or, in the absence of such language, the referral practices in place at the Union(s ), will be no discrimination against any employee in effect for the purpose of initial employment only. Such job referral system, whether by contract or applicant for employment because of his/her membership or practice, must be operated in a non-membership discriminatory manner and in full compliance with Federal, state and local laws and regulations which require equal employment opportunities and non- discrimination, and referrals shall not be affected in any way by the Union or based upon racerules, creedregulations, colorby-laws, sex, age or national origin, constitutional provisions or any other legally protected class aspect or obligations of such employee or applicantUnion membership. Section 4. The Contractor shall have the right to determine the competence of all employees, the right to determine the number of employees required and have the sole responsibility for selecting the employees to be laid-off consistent with this Agreement regardless of membership or non- membership in the Unions. The Contractor shall also have the right to reject any applicant referred by the Unions. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contactor, requires written explanation from the Contractor that shall be communicated from the Prime Contractor to the Port and affected Union within 48 hours. Section 5. No employee covered by this PLA shall be required to join any Union as a condition of being employed on the FAA-Funded Covered Project; provided, however, that an employee who is a member of the referring Union at the time of the referral shall maintain that membership while employed under the PLA. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions’ collective bargaining agreements. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or Union. Not withstanding the right provisions of any union to collect full dues from its member. Section 5. The 2 above, the Parties agree that where a Contractor is not party to a current Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral of up to a maximum of five (5) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,200) hours in the construction craft during the prior two (2) years; (3) Were on the Contractor’s active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the contract award; (4) Have the ability to perform the work safely. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor hires his first core employee, the Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “core” employees as a journeyman, and shall alternate one core employee and one employee from the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from through the hiring hall out-of-work list(s)process set forth in Section 1 through 5 of this Article 16. For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contractors, requires written explanation from the Contractor that shall be communicated through the Prime Contractor to the Port and affected Union within 48 hours. Section 7. Individual seniority will not be recognized or applied to employees working on the Project. This provision will not interfere with or supersede the use by individual Contractors of “call lists” maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLA. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA will, in the normal day- to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 1 contract

Samples: Project Labor Agreement

Referral Procedures. For Local Unions now having a job a. In the interest of maintaining an efficient system of production in the industry, providing for an orderly procedure of referral system as contained of applicants for employment, preserving the legitimate interests of the employees in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Referrals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projects. Section 2. In the event that Local Unions are unable to fill any request for employees employment status within the time specified by the local CBAs the Contractor may employ applicants from any other available source. The Contractor shall inform the Union area and of the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project prior to the commencement of work, and make trust fund contributions for every hour worked. Section 3. There shall be no eliminating discrimination against any employee or applicant for in employment because of his/her membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment. b. The Local Unions shall be the sole source of referral of applicants for employment and member referral shall be the responsibility of the members' home local. All Employees who are not members shall be required to become and remain members of the Union as a condition of employment during the term of this Agreement by the payment of their initiation fees and monthly dues. No individual is to work for a signatory Employer without first becoming a union member. c. The Local Union shall maintain an out of work list by skill set(s). d. The Local Union shall refer applicants by classification for employment without discrimination against such applicants by reason of membership or non-membership in the Union or based upon raceand such referral shall not be affected in anyway by rules, creedregulations, colorbylaws, sex, age or national origin, constitutional provisions or any other legally protected class aspect or obligation of Union membership policies or requirements. All such employee or applicantreferrals shall be in accord with the procedures set forth in this section. Section 4. No employee covered by this PLA e. The Employer shall be required have the right to join reject any Union as a condition of being employed on applicant for employment. f. The Employer shall notify the Covered Project; provided, however, that an employee who is a member Business Manager of the referring Local Union at the time of the referral shall maintain that membership while employed under the PLA. All employees shall, however, be required to comply with the union security provision number of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions applicants and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions’ collective bargaining agreements. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or the right of any union to collect full dues from its memberskill set(s) needed. Section 5g. 1. The Parties agree that where a Contractor is not party to a current Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local Employers requiring applicants will honor, referral of up to a maximum of five (5) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project work to be performed; (2) Have worked a total of notify at least one thousand two hundred signatory IBEW local of their need. Within 24 hours, (1,200excluding weekends and holidays) hours in the construction craft during local union hall will supply the prior two Employer with a list of potential applicants who meet or substantially meet qualifications and possess skill sets pursuant to paragraph (2i) years; (3) Were on as identified by the Contractor’s active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the contract award; (4) Have the ability to perform the work safelyEmployer. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor hires his first core employeeAlternately, the Union will refer to such Contractor one journeyman employee from Employer may request and shall receive within 24 hours the hiring hall local’s complete list of all out-of-work list for limited energy bargaining unit members. The Employer, after performing any screening, testing, or interview process, will notify the affected trade or craft, then refer one local of such Contractor’s “core” employees as a journeymanany hiring decisions made, and shall alternate one core employee the local will meet with the applicant(s) and one employee from generate a referral to the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs firstEmployer. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio The applicant will report for employment as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker directed by the Contractors, requires written explanation from the Contractor that shall be communicated through the Prime Contractor to the Port Employer. Applicants who report for employment and affected Union within 48 hoursare not hired will receive two hours show-up pay. Section 7. Individual seniority will not be recognized or applied to employees working on the Project. This provision will not interfere with or supersede the use by individual Contractors of “call lists” maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLA. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA will, in the normal day- to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 1 contract

Samples: Limited Energy Agreement

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Referral Procedures. For Local Unions now having a job Section 4.01 In the interest of maintaining an efficient system of production in the industry, providing for an orderly procedure of referral system as contained in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it of applicants for Section 4.02 The Union shall be used exclusively the sole and exclusive source of referral of applicants for employment. Section 4.03 The Employer shall have the right to reject any applicant for employment. Section 4.04 The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non- membership in the Union and such Contractor, except as it may be modified by this Article. Referrals selection and referral shall not be affected in any way by obligations rules, regulations, by-laws, constitutional provisions or any other aspect or obligation of Union membership policies or requirements. All such selection and referral shall be in accord with the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projectsfollowing procedure. Section 24.05 The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. In Each applicant for employment shall be registered in the event that highest priority Group for which he qualifies. Group I All applicants for employment who have four or more years' experience in the trade; are residents of the geographical area constituting the normal construction labor market; have passed a Journeyman Xxxxxxx'x examination given by a duly constituted Inside Construction Local Unions are unable to fill any request for employees within the time specified by the local CBAs the Contractor may employ applicants from any other available source. The Contractor shall inform the Union of the name IBEW or have been certified as a Journeyman Xxxxxxx by any Inside Joint Apprenticeship and social security number of any applicants hired from other sources Training Committee; and shall refer the applicant to the Local Union for dispatch to the Covered Project prior to the commencement of work, and make trust fund contributions for every hour worked. Section 3. There shall be no discrimination against any employee or applicant for employment because of his/her membership or non-membership who have been employed in the Union or based upon race, creed, color, sex, age or national origin, or any other legally protected class of such employee or applicant. Section 4. No employee covered by this PLA shall be required to join any Union as trade for a condition of being employed on the Covered Project; provided, however, that an employee who is a member of the referring Union at the time of the referral shall maintain that membership while employed under the PLA. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions’ collective bargaining agreements. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or the right of any union to collect full dues from its member. Section 5. The Parties agree that where a Contractor is not party to a current Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral of up to a maximum of five (5) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,200) hours year in the last four years in the geographical area covered by the Collective Bargaining Agreement. Group I status shall be limited to one Local Union at one time. An applicant who qualifies for Group I in a local union shall be so registered electronically and remain on Group I in that local union unless and until the applicant designates another local union as his or her Group I local union. If an applicant qualifies for Group I status in a local union other than his or her home local union and designates that local as his or her Group I local union, the business manager of the new Group I status local union shall by electronic means notify the business manager of the applicant's former Group I status local union. Group II All applicants for employment who have four or more years' experience in the trade and who have passed a Journeyman Xxxxxxx'x examination given by a duly constituted Inside Construction Local Union of the IBEW or have been certified as a Journeyman Xxxxxxx by any Inside Joint Apprenticeship and Training Committee. Group III All applicants for employment who have two or more years' experience in the trade, are residents of the geographical area constituting the normal construction craft during the prior two (2) years; (3) Were on the Contractor’s active payroll labor market; and who have been employed for at least sixty (60) out of the ninety (90) calendar days prior to the contract award; (4) Have the ability to perform the work safely. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor hires his first core employee, the Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “core” employees as a journeyman, and shall alternate one core employee and one employee from the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees six months in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced last three years in the same ratio as was applied in geographical area covered by the initial hiringCollective Bargaining Agreement. Group IV All employees, core and union, shall be dispatched from applicants for employment who have worked at the appropriate union. Trust benefits shall be paid on all employees, core and uniontrade for more than one year. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by 4.06 If the Contractors, requires written explanation registration list is exhausted and the Local Union is unable to refer applicants for employment to the Employer within 48 hours from the Contractor that time of receiving the Employer's request, Saturdays, Sundays and holidays excepted, the Employer shall be communicated through free to secure applicants without using the Prime Contractor to Referral Procedure, but such applicants, if hired, shall have the Port and affected Union within 48 hoursstatus of "temporary employees". Section 7. Individual seniority will not be recognized or applied to employees working on 4.07 The Employer shall notify the Project. This provision will not interfere with or supersede Business Manager promptly of the use by individual Contractors names and Social Security numbers of “call listssuch "temporary employeesmaintained by and shall replace such Contractor pursuant to addenda to "temporary employees" as soon as registered applicants for employment are available under the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLAReferral Procedure. Section 8. The selection of craft foremen and/or general foremen and 4.08 (a) "Normal construction labor market" is defined to mean the number of such foremen and/or general foremen required shall be entirely following geographical area plus the responsibility of commuting distance adjacent thereto, which includes the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA will, in area from which the normal day- tolabor supply is secured. (b) The above geographical area is agreed upon by the parties to include the area defined by the Secretary of Labor to be the appropriate prevailing wage area under the Xxxxx-day operations, take their direction and supervision from their xxxxxxxXxxxx Act to which the Agreement applies.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Referral Procedures. For Local Unions now having a job referral system as contained in their Collective Bargaining Agreement, the Contractor agrees to utilize such system and it shall be used exclusively initially by such Contractor, except as it may be modified by this Article. Referrals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall agrees to inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining Agreement, such system will be honored in regards to lay-off of workers from covered projects. Section 2. The Local Unions are recognized as the source of employment referrals. The appropriate Union will be contacted and shall refer all applicants for employment to this Project according to the standards or criteria uniformly applied to any construction project in the area. In the event that Local Unions are any Union is unable to fill any request requisition for employees within the time specified a forty-eight (48) hour period after such requisition is made by the local CBAs Contractor (Saturdays, Sundays and Holidays excepted), the Contractor may solicit and employ applicants from any other available source. The Contractor shall inform notify the Union of employees hired by any source other than referral by the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project prior to the commencement of work, and make trust fund contributions for every hour workedUnion. Section 3. There shall Subject to the Contractor's right to call for a specific skill or ability, the job referral systems provided in the Collective Bargaining Agreements of the Union(s), or, in the absence of such language, the referral practices in place at the Union(s ), will be no discrimination against any employee in effect for the purpose of initial employment only. Such job referral system, whether by contract or applicant for employment because of his/her membership or practice, must be operated in a non-membership discriminatory manner and in full compliance with Federal, state and local laws and regulations which require equal employment opportunities and non-discrimination, and referrals shall not be affected in any way by the Union or based upon racerules, creedregulations, colorby-laws, sex, age or national origin, constitutional provisions or any other legally protected class aspect or obligations of such employee or applicantUnion membership. Section 4. The Contractor shall have the right to determine the competence of all employees, the right to determine the number of employees required and have the sole responsibility for selecting the employees to be laid-off consistent with this Agreement regardless of membership or non- membership in the Unions. The Contractor shall also have the right to reject any applicant referred by the Unions. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contactor, requires written explanation from the Contractor that shall be communicated from the Prime Contractor to the Port and affected Union within 48 hours. Section 5. No employee covered by this PLA shall be required to join any Union as a condition of being employed on the Covered Project; provided, however, that an employee who is a member of the referring Union at the time of the referral shall maintain that membership while employed under the PLA. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining Agreement, for the period during which they are performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions’ collective bargaining agreements. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or the right of any union to collect full dues from its memberUnion. Section 56. The Parties agree that where a Contractor is not party to a current Collective Bargaining Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral of up to a maximum of five (5) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,200) hours in the construction craft during the prior two (2) years; (3) Were on the Contractor’s active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the contract award; (4) Have the ability to perform the work safely. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor hires his first core employee, the Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “core” employees as a journeyman, and shall alternate one core employee and one employee from the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s)hired. For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contractors, requires written explanation from the Contractor that shall be communicated through the Prime Contractor to the Port and affected Union within 48 hours. Section 7. Individual seniority will not be recognized or applied to employees working on the Project. This provision will not interfere with or supersede the use by individual Contractors of “call lists” maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement between such Contractor and a Union signatory to this PLA. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA will, in the normal day- to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 1 contract

Samples: Project Labor Agreement

Referral Procedures. Section 1. For Local Unions now having a job referral system as contained in their Collective Bargaining AgreementCBA, the Contractor agrees to utilize such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Referrals shall not be affected by obligations of Union membership or the lack thereof. Where airport security clearance requirements apply to work to be performed, the Contractor shall inform the Union’s hiring hall dispatcher of those requirements when requesting workers. For those Local Unions having a Book system as part of their Collective Bargaining AgreementCBA, such system will be honored in regards to lay-off of workers from covered projectsthe Covered Projects. Section 2. In the event that Local Unions are unable to fill any request for employees within the time specified by the local CBAs the Contractor may employ applicants from any other available source. The Contractor shall inform the Union of the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Covered Project prior to the commencement of work, and make trust fund contributions for every hour worked. Section 3. There shall be no discrimination against any employee or applicant for employment because of his/her membership or non-membership in the Union or based upon race, creed, color, sex, age or national origin, or any other legally protected class of such employee or applicant. Section 4. No employee covered by this PLA shall be required to join any Union as a condition of being employed on the Covered Project; provided, however, that an employee who is a member of the referring Union at the time of the referral shall maintain that membership while employed under the PLA. All employees shall, however, be required to comply with the union security provision of the applicable Collective Bargaining AgreementCBA, for the period during which they are performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union dues or representation fees, whichever is applicable, from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues to the Union or Council. Initiation fees shall be waived for those employees who are not members of any signatory Union when they begin work on this Covered Project. The dues obligations of such employees shall be confined to that portion of union membership dues directly related to representation of workers in collective bargaining, and in enforcement of the Unions’ collective bargaining agreementsCBAs. Nothing in this Section is intended to eliminate or affect the right of any employee to join the Union or the right of any union to collect full dues from its member. Section 5. The Parties agree that where a Contractor is not signatory with any Union party to a current Collective Bargaining this Agreement with the Union having jurisdiction over the affected work, the Contractor may request by name, and the Local will honor, referral of up to a maximum of five three (53) persons per each contractor (“core” employees), provided that the Contractor first demonstrate that those persons possess the following qualifications: (1) Any license required by state or federal law for the Project work to be performed; (2) Have worked a total of at least one thousand two hundred (1,200) hours in the construction craft during the prior two (2) years; (3) Were on the Contractor’s active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the contract award; (4) Have the ability to perform the work safely. The Contractor may elect to hire its first “core” employee to be a xxxxxxx. After the Contractor hires his first core employee, the Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, then refer one of such Contractor’s “core” employees as a journeyman, and shall alternate one core employee and one employee from the out-of-work list, until such Contractor’s crew requirements are met or until such Contractor has hired five three (53) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work the ratio of “core” employees to hiring hall referrals shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio as was applied in the initial hiring. All employees, core and union, shall be dispatched from the appropriate union. Trust benefits shall be paid on all employees, core and union. Section 6. Upon referral or dispatch from a Union, “turnaround” or refusal of any worker by the Contractors, requires written explanation from the Contractor that shall be communicated through the Prime Contractor PLA Administrator to the Port and affected Union within 48 hours. Section 7. Individual seniority will not be recognized or applied to employees working on the Project. This provision will not interfere with or supersede the use by individual Contractors of “call lists” maintained by such Contractor pursuant to addenda to the local Collective Bargaining Agreement CBA between such Contractor and a Union signatory to this PLA. Section 8. The selection of craft foremen and/or general foremen and the number of such foremen and/or general foremen required shall be entirely the responsibility of the Contractor. Craft foremen shall be designated working foremen at the request of the Contractor. Craft workers covered by this PLA will, in the normal day- day-to-day operations, take their direction and supervision from their xxxxxxx.

Appears in 1 contract

Samples: Project Labor Agreement

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