Common use of Referral Procedures Clause in Contracts

Referral Procedures. 3.3.1 For signatory Unions now having a job referral system contained in a MLA, the Contractor agrees to comply with such system, and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Area Residents and participation of Local Area Contractors on the Project, and to facilitate the ability of all Contractors to meet their employment needs. 3.3.2 The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The Unions will work with their affiliated regional and national unions, and jointly with the Community Workforce Coordinator and others designated by the City, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, giving preference to Local Area Residents, for entrance into approved apprenticeship programs, or participation in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel. 3.3.3 The Union shall not knowingly refer an employee currently employed by a Contractor on Project Work to any other Contractor. 3.3.4 Core Workers: As the initial workers on the Project, a Local Area Contractor, which is not currently working under a Master Labor Agreement, that is awarded work on the Project may directly employ up to a maximum of three (3) members of its regular, local, experienced work force, where the employees so designated as “Core Workers” meet the following qualifications: (a) Possess any license required by state or Federal law for the Project work to be performed; (b) Have worked at least two thousand (2,000) hours in the applicable trade or craft; (c) Have been employed by the Contractor for at least sixty (60) working days of the one hundred (100) working days immediately preceding the award of the Project Work to the Contractor; (d) Are Local Area Residents; (e) Have the ability to safely perform the basic functions of the applicable craft or trade. After directly employing up to three (3) Core Workers, the Local Area Contractor shall thereafter be subject to the procedures for Union referral of Project workers below. The Local Area Contractor, upon request by the Community Workforce Coordinator, shall provide the necessary documentation to support the qualification of an employee as a Core Worker. If additional workers are needed following the hiring of workers pursuant to the provisions above, then the Local Area Contractor shall request, and the Union shall refer a worker from its referral list. Local Area Contractors may then directly employ one (1) additional of their qualified Core Workers that is referred pursuant to the referral procedures referenced in this Section 3, after which one (1) worker shall be referred from the Union referral list. This alternating procedure of referral shall continue until a maximum of eight (8) qualified Core Workers have been directly employed by or referred to the Contractor. All additional workers shall be requested and referred pursuant to otherwise applicable Union referral list procedures and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the additional workers utilized under the procedures in this paragraph shall register with the Union’s hiring hall before commencing work on the Project. If there is any question regarding a worker’s eligibility under this Section 3.3.4, the Contractor shall provide satisfactory proof of such at a Union’s request. The provisions of this Section 3.3.4 shall only apply to Local Area Contractors and workers who are not working under the terms of a Master Labor Agreement at the time of their transfer to work covered under this Agreement. All other Contractors not currently signatory to a Master Labor Agreement that is awarded work on the Project may directly employ one (1) Core Worker (as defined below) that is referred pursuant to the referral procedures referenced in this Section 3 after which one (1) worker shall be referred from the Union referral list. This alternating procedure of referral shall continue until a maximum of five (5) qualified Core Workers have been directly employed by or referred to the Contractor. All additional workers shall be requested and referred pursuant to otherwise applicable Union referral list procedures and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the additional workers utilized under the procedures in this paragraph shall register with the Union’s hiring hall before commencing work on the Project. If there is any question regarding a worker’s eligibility under this section 3.3.4, the Contractor shall provide satisfactory proof of such at a Union’s request. “Core Workers” are those employees who meet the following qualifications: (a) Possesses any license required by state or Federal law for the Project work to be performed; (b) Have worked at least two thousand (2,000) hours in the applicable trade or craft; (c) Have been employed by the Contractor for at least sixty (60) working days of the one hundred (100) working days immediately preceding the award of the Project Work to the Contractor; and (d) Have the ability to safely perform the basic functions of the applicable craft or trade. The Core Workers shall present to and be dispatched through the applicable Union referral procedures. 3.3.4.1 Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of its Core Workers to the Community Workforce Coordinator and the Council. Failure to do so will prohibit the Contractor from using any Core Workers. Upon request by any Party to this Agreement, the Contractor hiring any Core Worker shall provide satisfactory proof (e.g., payroll records, quarterly tax records, driver’s license, voter registration, postal address and such other documentation) evidencing the Core Worker’s qualification as a core employee to the Community Workforce Coordinator and the Council.

Referral Procedures. 3.3.1 For signatory Unions now having a job referral system contained in a MLA, the Contractor agrees to comply with such system, and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Area Residents and participation of Local Area Contractors on the Project, and to facilitate the ability of all Contractors to meet their employment needs. 3.3.2 The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The Unions will work with their affiliated regional and national unions, and jointly with the Community Workforce Coordinator and others designated by the City, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, giving preference to Local Area Residents, for entrance into approved apprenticeship programs, or participation in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel. 3.3.3 The Union shall not knowingly refer an employee currently employed by a Contractor on Project Work to any other Contractor. 3.3.4 Core Workers: As the initial workers on the Project, a Local Area Contractor, which is not currently working under a Master Labor Agreement, that is awarded work on the Project may directly employ up to a maximum of six three (363) members of its regular, local, experienced work force, where the employees so designated as “Core Workers” meet the following qualifications: (a) Possess any license required by state or Federal law for the Project work to be performed; (b) Have worked at least two thousand (2,000) hours in the applicable trade or craft; (c) Have been employed by the Contractor for at least sixty (60) working days of the one hundred (100) working days immediately preceding the award of the Project Work to the Contractor; (d) Are Local Area Residents; (e) Have the ability to safely perform the basic functions of the applicable craft or trade. After directly employing up to three (3) Core Workers, the Local Area Contractor shall thereafter be subject to the procedures for Union referral of Project workers below. The Local Area Contractor, upon request by the Community Workforce Coordinator, shall provide the necessary documentation to support the qualification of an employee as a Core Worker. If additional workers are needed following the hiring of workers pursuant to the provisions above, then the Local Area Contractor shall request, and the Union shall refer a worker from its referral list. Local Area Contractors may then directly employ one (1) additional of their qualified Core Workers that is referred pursuant to the referral procedures referenced in this Section 3, after which one (1) worker shall be referred from the Union referral list. This alternating procedure of referral shall continue until a maximum of twelve eight (8) 128) qualified Core Workers have been directly employed by or referred to the Contractor. All additional workers shall be requested and referred pursuant to otherwise applicable Union referral list procedures and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the additional workers utilized under the procedures in this paragraph shall register with the Union’s hiring hall before commencing work on the Project. If there is any question regarding a worker’s eligibility under this Section 3.3.4, the Contractor shall provide satisfactory proof of such at a Union’s request. The provisions of this Section 3.3.4 shall only apply to Local Area Contractors and workers who are not working under the terms of a Master Labor Agreement at the time of their transfer to work covered under this Agreement. All other Contractors not currently signatory to a Master Labor Agreement that is awarded work on the Project may directly employ three one (131) Core Worker (as defined below) that is referred pursuant to the referral procedures referenced in this Section 3 after which one (1) worker shall be referred from the Union referral list. This alternating procedure of referral shall continue until a maximum of five eightfive (585) qualified Core Workers have been directly employed by or referred to the Contractor. All additional workers shall be requested and referred pursuant to otherwise applicable Union referral list procedures and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the additional workers utilized under the procedures in this paragraph shall register with the Union’s hiring hall before commencing work on the Project. If there is any question regarding a worker’s eligibility under this section 3.3.4, the Contractor shall provide satisfactory proof of such at a Union’s request. “Core Workers” are those employees who meet the following qualifications: (a) Possesses any license required by state or Federal law for the Project work to be performed; (b) Have worked at least two thousand (2,000) hours in the applicable trade or craft; (c) Have been employed by the Contractor for at least sixty (60) working days of the one hundred (100) working days immediately preceding the award of the Project Work to the Contractor; and (d) Have the ability to safely perform the basic functions of the applicable craft or trade. The Core Workers shall present to and be dispatched through the applicable Union referral procedures. 3.3.4.1 Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of its Core Workers to the Community Workforce Coordinator and the Council. Failure to do so will prohibit the Contractor from using any Core Workers. Upon request by any Party to this Agreement, the Contractor hiring any Core Worker shall provide satisfactory proof (e.g., payroll records, quarterly tax records, driver’s license, voter registration, postal address and such other documentation) evidencing the Core Worker’s qualification as a core employee to the Community Workforce Coordinator and the Council.

Referral Procedures. 3.3.1 For signatory Unions now having a job referral system contained in a MLA, the Contractor agrees to comply with such system, system and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City County to encourage employment of Local Area Residents and participation of Local Area Contractors on the Project Work, including each separate contract for a Project, and to facilitate the ability of all Contractors to meet their employment needs. 3.3.2 The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The Unions will work with their affiliated regional and national unions, and jointly with the Community Workforce Coordinator and others designated by the CityCounty, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, giving preference to Local Area Residents, as set forth in this Agreement, for entrance into approved apprenticeship programs, or participation in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnelpersonnel for Project Work to be undertaken by the County. 3.3.3 The Union shall not knowingly refer an employee currently employed by a Contractor on Project Work to any other Contractor. 3.3.4 Core Workers: : 3.3.4.1 As the initial workers on the a Project, a Local Area Contractor, which is not currently working under a Master Labor Agreement, that is awarded work on the Project may directly employ up to a maximum of three (3) members employees of its regular, local, experienced work force, where the employees so designated as “Core Workers” meet the following qualifications: (a) Possess any license required by state or Federal law for the Project work Work to be performed; (b) Have worked at least two thousand (2,000) hours in the applicable trade or craft; (c) Have been employed by the Contractor for at least sixty (60) working days of the one hundred (100) working days immediately preceding the award of the Project Work to the Contractor; (d) Are Local Area Residents; (e) Have the ability to safely perform the basic functions of the applicable craft or trade. ; (e) Possess healthcare coverage for life of the Project Work. 3.3.4.2 After directly employing up to three (3) Core WorkersWorkers (as described above), the Local Area Contractor shall thereafter be subject to the procedures for Union referral of Project workers below. The Local Area Contractor, upon request by the Community Workforce Coordinator, shall provide the necessary documentation to support the qualification of an employee as a Core Worker. If additional workers are needed following the hiring of workers pursuant to the provisions above, then the Local Area Contractor shall request, and the Union shall refer a worker from its referral list. Local Area Contractors may then directly employ one (1) additional of their qualified Core Workers that is referred pursuant to the referral procedures referenced set forth in this Section 3, after which one (1) worker shall be referred from the Union referral list. This alternating procedure of referral shall continue until a maximum of eight (8) qualified Core Workers have been directly employed by or referred to the Contractor. All additional workers shall be requested and referred pursuant to otherwise applicable Union referral list procedures and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the additional workers utilized under the procedures in this paragraph shall register with the Union’s hiring hall before commencing work on the Project. If there is any question regarding a worker’s eligibility under this Section 3.3.4, the Contractor shall provide satisfactory proof of such at a Union’s request. The provisions of this Section 3.3.4 shall only apply to Local Area Contractors and workers who are not working under the terms of a Master Labor Agreement at the time of their transfer to work covered under this Agreement. All other Contractors not currently signatory to a Master Labor Agreement that is awarded work on the Project may directly employ one (1) Core Worker (as defined below) that is referred pursuant to the referral procedures referenced in this Section 3 after which one (1) worker shall be referred from the Union referral list. This alternating procedure of referral shall continue until a maximum of five (5) qualified Core Workers have been directly employed by or referred to the Contractor. All additional workers shall be requested and referred pursuant to otherwise applicable Union referral list procedures and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the additional workers utilized under the procedures in this paragraph shall register with the Union’s hiring hall before commencing work on the Project. If there is any question regarding a worker’s eligibility under this section 3.3.4, the Contractor shall provide satisfactory proof of such at a Union’s request. “Core Workers” are those employees who meet the following qualifications: (a) Possesses any license required by state or Federal law for the Project work to be performed; (b) Have worked at least two thousand (2,000) hours in the applicable trade or craft; (c) Have been employed by the Contractor for at least sixty (60) working days of the one hundred (100) working days immediately preceding the award of the Project Work to the Contractor; and (d) Have the ability to safely perform the basic functions of the applicable craft or trade. The Core Workers shall present to and be dispatched through the applicable Union referral procedures3.3. 3.3.4.1 Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of its Core Workers to the Community Workforce Coordinator and the Council. Failure to do so will prohibit the Contractor from using any Core Workers. Upon request by any Party to this Agreement, the Contractor hiring any Core Worker shall provide satisfactory proof (e.g., payroll records, quarterly tax records, driver’s license, voter registration, postal address and such other documentation) evidencing the Core Worker’s qualification as a core employee to the Community Workforce Coordinator and the Council.