Referral. 7.1 The C/S/E/Ds recognize that the Unions shall be the primary source of all craft labor employed on the Construction Contract for the Project. The Unions will exert their best efforts to recruit and identify individuals, particularly Local or National Targeted Workers, as well as those referred by the Jobs Coordinator, for entrance or reentrance into the labor/management apprenticeship programs, and to assist individuals in qualifying and becoming eligible for such programs. C/S/E/Ds utilizing core employees shall follow the procedures outlined below: 7.1.1 The C/S/E/D worker shall be considered a Core Worker for the purposes of this Article if the employee’s name appeared on the C/S/E/D’s active payroll for sixty (60) of the one hundred (100) days immediately before the award of the Project Work to the C/S/E/D and meets the required definition of 1.7 above, 7.1.2 Each C/S/E/D shall identify Core Workers in their Employment Hiring Plan and shall provide payroll records evidencing the worker's qualification as a Core Worker upon request by LACMTA or any other party to this Agreement. The number of Core Workers on the Project for C/S/E/Ds covered by this Agreement shall be governed by the following procedure: one Core Worker shall be selected and one worker from the hiring hall of the affected trade or craft and this process shall repeat until such C/S/E/D's requirements are met or until such C/S/E/D has hired five (5) such Core Workers for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall list. In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of remaining Core Workers in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E/D under this Agreement. This provision applies only to CC/S/E/Ds not currently working under a current master labor agreement and is not intended to limit transfer provisions of current master labor agreements of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate benefit fund coverage, all contractors shall require their "Core Work Force" and any other persons employed, other than through the referral process, to register with the appropriate hiring hall, if any, of the signatory union prior to said employee's first day of employment at the project site. 7.2 C/S/E/Ds shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions when such procedures are not in violation of state or federal law or in conflict with provisions set forth in this Agreement. 7.3 In the event that referral facilities maintained by the unions are unable to fill the requisition of a C/S/E/D for Local or National Targeted Workers within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), the C/S/E/D shall be free to obtain Local or National Targeted Workers from any source. If the Union’s registration and referral system does not fulfill the requirements for specific classifications of covered classifications requested by any C/S/E/D within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that C/S/E/D may use employment sources other than the union registration and referral services, and may employ any applicants meeting such standards from any other available source. The contractor shall inform the Union of any applicants hired from other sources within 48 hours of such applicant being hired, and such applicants shall immediately register with the appropriate hiring hall, if any. 7.3.1 The C/S/E/Ds must document all efforts made to comply with the targeted hiring process to locate and hire Local Targeted Workers and National Targeted Workers. 7.3.2 The C/S/E/D shall inform the Unions, Job Coordinator and LACMTA of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s). 7.3.3 No Local or National Targeted Worker, having been pre-screened and /or pre- qualified by the Jobs Coordinator, and employed by the C/S/E/D to work on the Project, shall be required to participate in any Joint Labor/Management “boot camp” or pre- apprentice program that will unnecessarily delay the Targeted Local or National Worker’s start of work or cause said worker’s termination due to having to participate in such “boot camps” or pre-apprentice programs. 7.4 Unions will be required to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractors/Employers. 7.5 Covered Projects Other Than Federally-Funded Projects 7.5.1 On Covered Projects other than Federally-Funded Projects, the Unions will make every effort to recruit Local Targeted Workers and to refer and utilize Local Targeted Workers on the Project. The C/S/E/Ds shall submit written documentation to the LACMTA on a quarterly basis, or as required by LACMTA, which sets forth the steps taken by the C/S/E/Ds to recruit, refer and utilize qualified Local Targeted Workers recruited by the Unions and referred to or utilized on the Project. C/S/E/Ds shall comply with LACMTA instructions to request Local Targeted Workers from particular Economically Disadvantaged Areas. In recognition of LACMTA policy to utilize Local Targeted Workers, the Unions and C/S/E/Ds agree that as long as they possess the requisite skills and qualifications, Local Targeted Workers, with priority given to Community Area Residents, shall be first referred for Project work, including journeypersons and apprentices. 7.5.2 On Covered Projects other than Federally-Funded Projects, the C/S/E/Ds and Unions are responsible for ensuring that the following Targeted Hiring Requirements are met. (a) A minimum of 40% of all hours of Project Work shall be performed by Local Targeted Workers, with priority given to Community Area Residents. For any hour of Project Work for which the C/S/E/D seeks to meet this requirement, the C/S/E/D and Unions must first refer Community Area Residents. After Unions and C/S/E/Ds have exhausted the available pool of Community Area Residents, they may refer any Local Residents from Extremely Economically Disadvantaged Areas in Los Angeles County; when the C/S/E/Ds have exhausted the available pool, they must refer Local Residents from Economically Disadvantaged Areas in Los Angeles County. (b) A minimum of 10% of all hours of Project Work shall be performed by Disadvantaged Workers whose primary place of residence is within Los Angeles County. (c) At least 20% of total work hours on each project will be performed by apprentices, but the hours performed by apprentices in each individual craft shall not exceed the ratio to journeyman established by the applicable craft union’s DAS approved apprenticeship standards. The parties agree that Local Targeted Workers will perform 50% of all apprenticeship hours worked on the Project. 7.5.3 In determining compliance with the targeted hiring requirements of Section 7.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. These hiring provisions may be utilized on covered Federal-funded projects if approved, or allowed, by the Federal-funding entity.
Appears in 4 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
Referral. 7.1 8.1 The C/S/E/Ds recognize that the Unions Union(s) shall be the primary source of all craft labor employed on the Construction Contract Project. However, in the event that a Contractor has his/her own core workforce, the Contractor may request by name, and the local will honor, referral of persons who have applied to the local union for Project work and who demonstrate the following qualifications:
(1) possess any license required by state or federal law for the Project. The Unions will exert their best efforts Project work to recruit and identify individuals, particularly Local or National Targeted Workers, as well as those referred by be performed;
(2) have worked a total of at least one thousand (1,000) hours in the Jobs Coordinator, for entrance or reentrance into construction craft during the labor/management apprenticeship programs, and to assist individuals in qualifying and becoming eligible for such programs. C/S/E/Ds utilizing core employees shall follow the procedures outlined below:prior three (3) years;
7.1.1 The C/S/E/D worker shall be considered a Core Worker for the purposes of this Article if the employee’s name appeared (3) were on the C/S/E/DContractor’s active payroll for at least sixty (60) out of the one hundred (100) calendar days immediately before prior to the award contract award; and
(4) have the ability to perform safely the basic functions of the Project Work to the C/S/E/D and meets the required definition of 1.7 above,
7.1.2 Each C/S/E/D shall identify Core Workers in their Employment Hiring Plan and shall provide payroll records evidencing the worker's qualification as a Core Worker upon request by LACMTA or any other party to this Agreementapplicable trade. The number of Core Workers on the Project for C/S/E/Ds covered by this Agreement shall be governed by the following procedure: Union will refer to such Contractor one Core Worker shall be selected and one worker journeyman employee from the hiring hall of out-of- work list for the affected trade or craft craft, and this process will then refer one of such Contractor’s “core” employees as a journeyman and shall repeat the process, one and one, until such C/S/E/D's Contractor’s crew requirements are met or until such C/S/E/D Contractor has hired five ten (510) such Core Workers for that craft“core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall listout-of-work list(s). In For the event duration of a reduction-in-force or layoffthe Contractor’s work the ratio shall be maintained and when the Contractor’s workforce is reduced, such will take place in a manner to assure that the number of remaining Core Workers employees shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring. Contractors signatory to a Local, Regional, and/or National collective bargaining agreements with Union(s) signatory hereto shall be bound to use the hiring hall provisions contained in the Schedule A Agreement of the affected craft does not exceedUnion(s), at any time, and nothing in the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E/D under this Agreement. This provision applies only to CC/S/E/Ds not currently working under a current master labor agreement and is not intended to limit transfer referral provisions of current master labor agreements of any trade. As part of this process, and in order Agreement shall be construed to facilitate supercede the contract administration procedures, as well as appropriate benefit fund coverage, all contractors shall require their "Core Work Force" and any other persons employed, other than through the referral process, to register with the appropriate local hiring hall, if any, hall provisions of the signatory union prior Schedule A Agreement(s) as they relate to said employee's first day of employment at the project sitesuch contractors.
7.2 C/S/E/Ds 8.2 Contractors shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions when such procedures are not in violation of state or federal law or in conflict with provisions set forth in this AgreementFederal law.
7.3 8.3 In the event that referral facilities maintained by the unions Union(s) are unable to fill the requisition of a C/S/E/D Contractor for Local or National Targeted Workers employees within a forty-eight (48) hours (excluding Saturdays, Sundays and holidayshour period after such requisition is made by the Contractor(s), the C/S/E/D Contractor(s) shall be free to obtain Local or National Targeted Workers work persons from any source. If However, in this event the UnionContractor will, as a first source, use the social justice program established by this Agreement’s registration to identify qualified and referral system does not fulfill the requirements qualifiable Oakland resident applicants for specific classifications of covered classifications requested by any C/S/E/D within forty-eight (48) hours (excluding Saturdaysemployment, Sundays and holidays), that C/S/E/D may use with special emphasis on identifying District students who are qualified or qualifiable for employment sources other than the union registration and referral services, and may employ any applicants meeting such standards from any other available sourceas apprentices or journeypersons. The contractor identity of any such employees hired by the Contractor shall inform be immediately transmitted to the appropriate Local Union and such employees shall be bound by the Union Security provisions of any applicants hired from other sources within 48 hours of such applicant being hired, and such applicants shall immediately register with the appropriate hiring hall, if anythis Agreement.
7.3.1 The C/S/E/Ds must document all efforts made to comply with the targeted hiring process to locate and hire Local Targeted Workers and National Targeted Workers.
7.3.2 The C/S/E/D shall inform the Unions, Job Coordinator and LACMTA of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s).
7.3.3 No Local or National Targeted Worker, having been pre-screened and /or pre- qualified by the Jobs Coordinator, and employed by the C/S/E/D to work on the Project, shall be required to participate in any Joint Labor/Management “boot camp” or pre- apprentice program that will unnecessarily delay the Targeted Local or National Worker’s start of work or cause said worker’s termination due to having to participate in such “boot camps” or pre-apprentice programs.
7.4 8.4 Unions will be required exert their utmost efforts to recruit sufficient numbers of skilled craft persons craftspersons to fulfill the requirements of the Contractors/Employers.
7.5 Covered Projects Other Than Federally-Funded Projects
7.5.1 On Covered Projects other than Federally-Funded Projects, the Unions will make every effort to recruit Local Targeted Workers and to refer and utilize Local Targeted Workers on the Project. The C/S/E/Ds shall submit written documentation to the LACMTA on a quarterly basis, or as required by LACMTA, which sets forth the steps taken by the C/S/E/Ds to recruit, refer and utilize qualified Local Targeted Workers recruited by the Unions and referred to or utilized on the Project. C/S/E/Ds shall comply with LACMTA instructions to request Local Targeted Workers from particular Economically Disadvantaged Areas. In recognition of LACMTA policy to utilize Local Targeted Workers, the Unions and C/S/E/Ds agree that as long as they possess the requisite skills and qualifications, Local Targeted Workers, with priority given to Community Area Residents, shall be first referred for Project work, including journeypersons and apprentices.
7.5.2 On Covered Projects other than Federally-Funded Projects, the C/S/E/Ds and Unions are responsible for ensuring that the following Targeted Hiring Requirements are met.
(a) A minimum of 40% of all hours of Project Work shall be performed by Local Targeted Workers, with priority given to Community Area Residents. For any hour of Project Work for which the C/S/E/D seeks to meet this requirement, the C/S/E/D and Unions must first refer Community Area Residents. After Unions and C/S/E/Ds have exhausted the available pool of Community Area Residents, they may refer any Local Residents from Extremely Economically Disadvantaged Areas in Los Angeles County; when the C/S/E/Ds have exhausted the available pool, they must refer Local Residents from Economically Disadvantaged Areas in Los Angeles County.
(b) A minimum of 10% of all hours of Project Work shall be performed by Disadvantaged Workers whose primary place of residence is within Los Angeles County.
(c) At least 20% of total work hours on each project will be performed by apprentices, but the hours performed by apprentices in each individual craft shall not exceed the ratio to journeyman established by the applicable craft union’s DAS approved apprenticeship standardsContractor(s). The parties agree that Local Targeted Workers will perform 50% to this Agreement support the development of all apprenticeship hours worked on increased numbers of skilled construction workers from the Project.
7.5.3 In determining compliance with residents of the targeted hiring City of Oakland to meet the needs of the Project and the requirements of Section 7.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. These hiring provisions may be utilized on covered Federal-funded projects if approved, or allowed, by the Federal-funding entityindustry generally.
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
Referral. 7.1 The C/S/E/Ds Es recognize that the Unions shall be the primary source of all craft labor employed on the Construction Contract for the Project. The Unions will exert their best efforts to recruit and identify individuals, particularly Local or National Targeted Workers, as well as those referred by the Jobs Coordinator, for entrance or reentrance into the labor/management apprenticeship programs, and to assist individuals in qualifying and becoming eligible for such programs. C/S/E/Ds Es utilizing core employees shall follow the procedures outlined below:
7.1.1 The C/S/E/D E worker shall be considered a Core Worker for the purposes of this Article if the employee’s name appeared on the C/S/E/D’s active payroll for sixty (60) of the one hundred (100) days immediately before the award of the Project Work to the C/S/E/D E and meets the required definition of 1.7 above,
7.1.2 Each C/S/E/D E shall identify Core Workers in their Employment Hiring Plan and shall provide payroll records evidencing the worker's qualification as a Core Worker upon request by LACMTA or any other party to this Agreement. The number of Core Workers on the Project for C/S/E/Ds Es covered by this Agreement shall be governed by the following procedure: one Core Worker shall be selected and one worker from the hiring hall of the affected trade or craft and this process shall repeat until such C/S/E/D's requirements are met or until such C/S/E/D E has hired five (5) such Core Workers for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall list. In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of remaining Core Workers in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E/D E under this Agreement. This provision applies only to CC/S/E/Ds employees not currently working under a current master labor agreement and is not intended to limit transfer provisions of current master labor agreements of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate benefit fund coverage, all contractors shall require their "Core Work Force" and any other persons employed, other than through the referral process, to register with the appropriate hiring hall, if any, of the signatory union prior to said employee's first day of employment at the project site.
7.2 C/S/E/Ds Es shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions when such procedures are not in violation of state or federal law or in conflict with provisions set forth in this Agreement.
7.3 In the event that referral facilities maintained by the unions are unable to fill the requisition of a C/S/E/D E for Local or National Targeted Workers within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), the C/S/E/D E shall be free to obtain Local or National Targeted Workers from any source. If the Union’s registration and referral system does not fulfill the requirements for specific classifications of covered classifications requested by any C/S/E/D E within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that C/S/E/D E may use employment sources other than the union registration and referral services, and may employ any applicants meeting such standards from any other available source. The contractor shall inform the Union of any applicants hired from other sources within 48 hours of such applicant being hired, and such applicants shall immediately register with the appropriate hiring hall, if any.
7.3.1 The C/S/E/Ds Es must document all efforts made to comply with the targeted hiring process to locate and hire Local Targeted Workers and National Targeted Workers.
7.3.2 The C/S/E/D E shall inform the Unions, Job Coordinator and LACMTA of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s).
7.3.3 No Local or National Targeted Worker, having been pre-screened and /or pre- qualified by the Jobs Coordinator, and employed by the C/S/E/D E to work on the Project, shall be required to participate in any Joint Labor/Management “boot camp” or pre- apprentice program that will unnecessarily delay the Targeted Local or National Worker’s start of work or cause said worker’s termination due to having to participate in such “boot camps” or pre-apprentice programs.
7.4 Unions will be required to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractors/Employers.
7.5 Covered Projects Other Than Federally-Funded Projects
7.5.1 On Covered Projects other than Federally-Funded Projects, the Unions will make every effort to recruit Local Targeted Workers and to refer and utilize Local Targeted Workers on the Project. The C/S/E/Ds Es shall submit written documentation to the LACMTA on a quarterly basis, or as required by LACMTA, which sets forth the steps taken by the C/S/E/Ds Es to recruit, refer and utilize qualified Local Targeted Workers recruited by the Unions and referred to or utilized on the Project. C/S/E/Ds Es shall comply with LACMTA instructions to request Local Targeted Workers from particular Economically Disadvantaged Areas. In recognition of LACMTA policy to utilize Local Targeted Workers, the Unions and C/S/E/Ds Es agree that as long as they possess the requisite skills and qualifications, Local Targeted Workers, with priority given to Community Area Residents, shall be first referred for Project work, including journeypersons and apprentices.
7.5.2 On Covered Projects other than Federally-Funded Projects, the C/S/E/Ds Es and Unions are responsible for ensuring that the following Targeted Hiring Requirements are met.
(a) A minimum of 40% of all hours of Project Work shall be performed by Local Targeted Workers, with priority given to Community Area Residents. For any hour of Project Work for which the C/S/E/D E seeks to meet this requirement, the C/S/E/D E and Unions must first refer Community Area Residents. After Unions and C/S/E/Ds Es have exhausted the available pool of Community Area Residents, they may refer any Local Residents from Extremely Economically Disadvantaged Areas in Los Angeles County; when the C/S/E/Ds Es have exhausted the available pool, they must refer Local Residents from Economically Disadvantaged Areas in Los Angeles County.
(b) A minimum of 10% of all hours of Project Work shall be performed by Disadvantaged Workers whose primary place of residence is within Los Angeles County.
(c) At least 20% of total work hours on each project will be performed by apprentices, but the hours performed by apprentices in each individual craft shall not exceed the ratio to journeyman established by the applicable craft union’s DAS approved apprenticeship standards. The parties agree that Local Targeted Workers will perform 50% of all apprenticeship hours worked on the Project.
7.5.3 In determining compliance with the targeted hiring requirements of Section 7.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation.
7.5.4 Apprentice Hiring Requirements for Covered Projects other than Federally- Funded Projects.
(a) All C/S/Es performing Project Work will make every effort to employ the maximum number of Apprentices allowed by State Law.
(b) The LACMTA will seek to make available through this Agreement or other means, significant apprenticeship opportunities for Local Targeted Workers, consistent with Section 7.5(1) above.
(c) Any apprentice must come from an apprenticeship program as defined in 1.2 above.
(d) Unions shall track retention of Apprentices hired under the Policy through completion of the Project Work. These hiring provisions The signatory unions shall collect the tracking information and shall submit quarterly retention reports to the LACMTA in the agreed-upon format.
(e) If, in response to the C/S/E’s request, the applicable Union is not able to refer an apprentice from a specific Economically Disadvantaged Area or Extremely Economically Disadvantaged Area in Los Angeles County, the Union will indenture a new apprentice from that Area and the C/S/E shall act as employer-sponsor for such apprentice, consistent with Section 7.5(1) and cover 25% of sponsorship fees for any such Apprentice hired. The amount covered by the C/S/E may be utilized on covered Federalpaid to the new Apprentice over the first three (3) paychecks.
(f) The C/S/E shall provide to the LACMTA, information regarding any reasons given by apprenticeship programs for not accepting Contractor-funded projects if approvedreferred Local Targeted Workers into apprenticeship programs.
(g) All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or allowed, by has completed the Federal-funding entityequivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Each C/S/E shall provide adequate proof evidencing the worker's qualification as a journeyman.
Appears in 2 contracts
Referral. 7.1 The C/S/E/Ds Es recognize that the Unions shall be the primary source of all craft labor employed on the Construction Contract for the Project. The Unions will exert their best efforts to recruit and identify individuals, particularly Local or National Targeted Workers, as well as those referred by the Jobs Coordinator, for entrance or reentrance into the labor/management apprenticeship programs, and to assist individuals in qualifying and becoming eligible for such programs. C/S/E/Ds Es utilizing core employees shall follow the procedures outlined below:
7.1.1 The C/S/E/D E worker shall be considered a Core Worker for the purposes of this Article if the employee’s name appeared on the C/S/E/D’s active payroll for sixty (60) of the one hundred (100) days immediately before the award of the Project Work to the C/S/E/D E and meets the required definition of 1.7 above,
7.1.2 Each C/S/E/D E shall identify Core Workers in their Employment Hiring Plan and shall provide payroll records evidencing the worker's qualification as a Core Worker upon request by LACMTA or any other party to this Agreement. The number of Core Workers on the Project for C/S/E/Ds Es covered by this Agreement shall be governed by the following procedure: one Core Worker shall be selected and one worker from the hiring hall of the affected trade or craft and this process shall repeat until such C/S/E/D's requirements are met or until such C/S/E/D E has hired five (5) such Core Workers for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall list. In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of remaining Core Workers in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E/D E under this Agreement. This provision applies only to CC/S/E/Ds employees not currently working under a current master labor agreement and is not intended to limit transfer provisions of current master labor agreements of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate benefit fund coverage, all contractors shall require their "Core Work Force" and any other persons employed, other than through the referral process, to register with the appropriate hiring hall, if any, of the signatory union prior to said employee's first day of employment at the project site.
7.2 C/S/E/Ds Es shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions when such procedures are not in violation of state or federal law or in conflict with provisions set forth in this Agreement.
7.3 In the event that referral facilities maintained by the unions are unable to fill the requisition of a C/S/E/D E for Local or National Targeted Workers within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), the C/S/E/D E shall be free to obtain Local or National Targeted Workers from any source. If the Union’s registration and referral system does not fulfill the requirements for specific classifications of covered classifications requested by any C/S/E/D E within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that C/S/E/D E may use employment sources other than the union registration and referral services, and may employ any applicants meeting such standards from any other available source. The contractor shall inform the Union of any applicants hired from other sources within 48 hours of such applicant being hired, and such applicants shall immediately register with the appropriate hiring hall, if any.
7.3.1 The C/S/E/Ds Es must document all efforts made to comply with the targeted hiring process to locate and hire Local Targeted Workers and National Targeted Workers.
7.3.2 The C/S/E/D E shall inform the Unions, Job Coordinator and LACMTA of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s).
7.3.3 No Local or National Targeted Worker, having been pre-screened and /or pre- qualified by the Jobs Coordinator, and employed by the C/S/E/D E to work on the Project, shall be required to participate in any Joint Labor/Management “boot camp” or pre- apprentice program that will unnecessarily delay the Targeted Local or National Worker’s start of work or cause said worker’s termination due to having to participate in such “boot camps” or pre-apprentice programs.
7.4 Unions will be required to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractors/Employers.
7.5 Covered Projects Other Than Federally-Funded Projects
7.5.1 On Covered Projects other than Federally-Funded Projects, the Unions will make every effort to recruit Local Targeted Workers and to refer and utilize Local Targeted Workers on the Project. The C/S/E/Ds Es shall submit written documentation to the LACMTA on a quarterly basis, or as required by LACMTA, which sets forth the steps taken by the C/S/E/Ds Es to recruit, refer and utilize qualified Local Targeted Workers recruited by the Unions and referred to or utilized on the Project. C/S/E/Ds Es shall comply with LACMTA instructions to request Local Targeted Workers from particular Economically Disadvantaged Areas. In recognition of LACMTA policy to utilize Local Targeted Workers, the Unions and C/S/E/Ds Es agree that as long as they possess the requisite skills and qualifications, Local Targeted Workers, with priority given to Community Area Residents, shall be first referred for Project work, including journeypersons and apprentices.
7.5.2 On Covered Projects other than Federally-Funded Projects, the C/S/E/Ds Es and Unions are responsible for ensuring that the following Targeted Hiring Requirements are met.
(a) A minimum of 40% of all hours of Project Work shall be performed by Local Targeted Workers, with priority given to Community Area Residents. For any hour of Project Work for which the C/S/E/D E seeks to meet this requirement, the C/S/E/D E and Unions must first refer Community Area Residents. After Unions and C/S/E/Ds Es have exhausted the available pool of Community Area Residents, they may refer any Local Residents from Extremely Economically Disadvantaged Areas in Los Angeles County; when the C/S/E/Ds Es have exhausted the available pool, they must refer Local Residents from Economically Disadvantaged Areas in Los Angeles County.
(b) A minimum of 10% of all hours of Project Work shall be performed by Disadvantaged Workers whose primary place of residence is within Los Angeles County.
(c) At least 20% of total work hours on each project will be performed by apprentices, but the hours performed by apprentices in each individual craft shall not exceed the ratio to journeyman established by the applicable craft union’s DAS approved apprenticeship standards. The parties agree that Local Targeted Workers will perform 50% of all apprenticeship hours worked on the Project.
7.5.3 In determining compliance with the targeted hiring requirements of Section 7.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. These hiring provisions may be utilized on covered Federal-funded projects if approved, or allowed, by the Federal-funding entity.
Appears in 2 contracts
Referral. 7.1 The C/S/E/Ds recognize that the Unions Union(s) shall be the primary source of all craft labor employed on the Construction Contract for the Project. The Unions Project(s) and will exert their best efforts to recruit and identify individuals, particularly Local residents of the City residing in the Tier 1 or National Targeted WorkersTier 2 zip code areas, as well as those referred by the Jobs Coordinator, for entrance or reentrance into the joining labor/management apprenticeship programs, and to assist individuals in qualifying and becoming eligible for such programs. In the event that the C/S/E has it’s own Core Worker(s), and wishes to employ such workers to perform covered work, the C/S/E shall employ such workers in accord with the provisions of this Article VII. The following process shall govern the employment of workers at the Project:
(1) A worker shall be considered a member of a C/S/E/Ds utilizing ’s core employees shall follow the procedures outlined below:
7.1.1 The C/S/E/D worker shall be considered a Core Worker workforce for the purposes of this Article if the employee’s name appeared on worker meets the required definition stated in Section 1.10 of this Agreement. The C/S/E/D’s active payroll for sixty (60) of the one hundred (100) days immediately before the award of the Project Work to the C/S/E/D and meets the required definition of 1.7 above,
7.1.2 Each C/S/E/D E shall identify Core Workers in their Employment Hiring Plan and shall provide payroll records evidencing the worker's ’s qualification as a Core Worker upon request by LACMTA or the City. Prior to each C/S/E, which utilizes any other party core employees, performing any work on Covered Project(s), each such C/S/E shall provide a list of its core employees to this Agreementthe BCA and the Trades Council. Failure to do so will prohibit the C/S/E from using any core employees. The number of Core Workers on the this Project for C/S/E/Ds covered by this Agreement shall be governed by the following procedure: one Core Worker shall be selected and one worker from the hiring hall of the affected trade or craft and this process shall repeat until such C/S/E/D's ’s requirements are met or until such C/S/E/D E has hired five (5) such Core Workers for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall first be hired exclusively requisitioned from the applicable hiring hall list. in accordance with other provisions in Article VII.
(2) In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of remaining Core Workers in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E/D E under this Agreement. This provision applies only to CCC/S/E/Ds Es which are not currently working under independently signatory to a current master labor agreement MLA for the craft workers under their employ and is not intended to limit the transfer provisions of current master labor agreements the MLAs of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate benefit fund coverage, all contractors shall require their "Core Work Force" and any other persons employed, other than through the referral process, to register with the appropriate hiring hall, if any, of the signatory union prior to said employee's first day of employment at the project siteUnion.
7.2 C/S/E/Ds Es shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions for all job site craft employee(s) before such employee(s) begin work, when such procedures are not in violation of state Federal or federal State law or in conflict with provisions set forth in this Agreement.
7.3 In the event that the referral facilities maintained by the unions Unions are unable to fill the requisition of a C/S/E/D E for Local or National Targeted Residents and/or Transitional Workers within a forty-eight (48) hours hour period after such requisition is made by the C/S/E (excluding Saturdays, Sundays and holidaysholidays excepted), the C/S/E/D E shall be free to obtain Local or National Targeted Residents and/or Transitional Workers from any source. If However, for all other requisitions by a C/S/E for non-Local Residents or non-Transitional Workers, only after a forty- eight (48) hour period (Saturdays, Sundays and holidays excepted) after such requisition is made by the Union’s registration and referral system does not fulfill the requirements for specific classifications of covered classifications requested by any C/S/E/D within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that shall the C/S/E/D may use employment sources other than the union registration and referral services, and may employ any applicants meeting such standards E be free to obtain work persons from any other available sourcesource if the Unions are unable to fill the requisition. The contractor shall inform However, the Union C/S/E is still responsible for complying with conditions and requirements of any applicants hired from other sources within 48 hours of such applicant being hired, the Targeted Hiring Guidelines for Contractors and such applicants shall immediately register with the appropriate hiring hall, if anyPolicy.
7.3.1 (1) The C/S/E/Ds ’s must document document, from the applicable Tiers, all efforts made to comply with the targeted hiring process to locate and hire Local Targeted Workers and National Targeted Residents and/or Transitional Workers.
7.3.2 . The C/S/EE may employ Local Residents and/or Transitional Workers referred by the Jobs Coordinator. However, in the event the Jobs Coordinator is unable to fill the requisition of a C/D S/E for Local Residents and/or Transitional Workers, the C/S/E may utilize any organization, such as those listed in the Targeted Hiring Guidelines for Contractors, to assist them in satisfying the requirements of the Targeted Hiring Guidelines for Contractors and the Policy.
(2) The C/S/E shall inform the Unions, Job Coordinator and LACMTA the BCA of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s).
7.3.3 (3) No Local or National Targeted Resident and/or Transitional Worker, having been pre-screened and /or pre- and/or pre-qualified by the Jobs Coordinator, and employed by the C/S/E/D E to work on the Project, shall be required to participate in any Joint Labor/Management “boot camp” or pre- pre-apprentice program that will unnecessarily delay the Targeted Local or National Resident and/or Transitional Worker’s start of work or cause said worker’s termination due to having to participate in such “boot camps” or pre-apprentice programs.
(4) Any work person hired under this Section 7.3, as well as all other workers hired under this Article VII, shall be obligated to register with the appropriate Union hiring hall, prior to their first day of employment on the Project.
7.4 The Unions will be required exert their best efforts to refer/recruit sufficient numbers of skilled craft persons Local Residents and Transitional Workers to fulfill the requirements of the Contractors/Employers.
7.5 Covered Projects Other Than Federally-Funded Projects
7.5.1 On Covered Projects other than Federally-Funded Projects, the Unions will make every effort to recruit Local Targeted Workers and to refer and utilize Local Targeted Workers on the Project. The C/S/E/Ds shall submit written documentation E(s). In recognition of the fact that the communities within the boundaries of the City will be impacted by the construction of the Project(s), the Parties agree to support the LACMTA on a quarterly basisdevelopment and graduation of Transitional construction apprentices and workers from residents within Tier 1 or Tier 2 zip code areas. Towards that end, or as required by LACMTA, which sets forth the steps taken by Unions agree to encourage and provide referrals and utilization of qualified workers residing preferably within the Tier 1 zip code areas identified in the following: 90001 90013 90028 90044 90068 91402 90002 90014 90029 90046 90077 90003 90015 90031 90047 90089 90005 90016 90032 90049 90248 90006 90017 90033 90056 90731 90007 90018 90037 90057 90744 90008 90020 90038 90058 90810 90010 90021 90039 90059 90813 90011 90023 90042 90063 91205 90012 90024 90043 90065 91331
7.5 Wherein the Unions cannot provide the C/S/E/Ds to recruitEs, refer and utilize qualified having documented their efforts in the attainment of Local Targeted Residents and/or Transitional Workers recruited by within the Unions and referred to or utilized on the Project. C/S/E/Ds shall comply with LACMTA instructions to request Local Targeted Workers from particular Economically Disadvantaged Areas. In recognition of LACMTA policy to utilize Local Targeted WorkersTier 1 zip code areas as listed in Section 7.4 above, the Unions will exert their best efforts to recruit and C/S/E/Ds agree that as long as they possess identify Local Residents and/or Transitional Workers within Tier 2 zip code areas identified in the requisite skills following and qualifications, Transitional Workers in the remaining zip code areas of the City: Tier 2 Zip Codes 90004 90048 90265 90710 91304 91342 91405 91605 90019 90061 90272 90717 91306 91343 91406 91606 90025 90062 90290 90732 91307 91344 91411 91607 90026 90064 90291 90745 91311 91345 91423 90027 90066 90292 91040 91316 91352 91504 90034 90067 90305 91042 91324 91356 91505 90035 90095 90402 91201 91325 91364 91506 90036 90230 90405 91206 91330 91367 91601 90041 90232 90501 91302 91335 91401 91602 90045 90247 90502 91303 91340 91403 91604 The Unions will exert their best efforts to recruit and identify Local Targeted Workers, with priority given to Community Area Residents, shall be first referred Residents and/or Transitional Workers of the City and assist individuals in qualifying and becoming eligible for Project work, including journeypersons and apprenticessuch apprenticeship programs.
7.5.2 On Covered Projects other than Federally-Funded Projects, the C/S/E/Ds and Unions are 7.6 The Prime Contractor is responsible for ensuring that compliance with the targeted hiring process for the Project(s) to achieve the following Targeted Hiring Requirements are met.anticipated levels of participation:
(1) The following percentages shall be the targeted hiring for the Project:
(a) A minimum of 40At least 30% of all total work hours of Project Work shall be performed by Local Targeted Workers, with priority given to Community Area Residents. For any hour of Project Work for which the C/S/E/D seeks to meet this requirement, the C/S/E/D and Unions must first refer Community Area Residents. After Unions and C/S/E/Ds have exhausted the available pool of Community Area Residents, they may refer any Local Residents from Extremely Economically Disadvantaged Areas residing within Tier 1 described in Los Angeles County; when the C/S/E/Ds have exhausted the available pool, they must refer Local Residents from Economically Disadvantaged Areas in Los Angeles CountyArticle 7.
(b) A minimum of 10% of all hours of Project Work shall be performed by Disadvantaged Workers whose primary place of residence is within Los Angeles County.
(c) At least 20% of total work hours on each project will be performed by apprentices, but the hours performed by apprentices in each individual craft shall not exceed the ratio to journeyman established by the applicable craft union’s DAS approved apprenticeship standards. The parties agree that Local Targeted Workers will perform 50% of all apprenticeship hours worked on the Project.
7.5.3 In determining compliance with the targeted hiring requirements of Section 7.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. These hiring provisions may be utilized on covered Federal-funded projects if approved, or allowed, by the Federal-funding entity.
Appears in 1 contract
Samples: Project Labor Agreement
Referral. 7.1 8.1 The C/S/E/Ds recognize that the Unions Union(s) shall be the primary source of all craft labor employed on the Construction Contract for the Project. The Unions will exert their best efforts to recruit and identify individualsHowever, particularly Local or National Targeted Workers, as well as those referred by in the Jobs Coordinator, for entrance or reentrance into the laborevent that a Contractor has his/management apprenticeship programsher own core workforce, and wishes to assist individuals employ such Core Workers to perform covered work, the Contractor shall employ such Core Workers in qualifying and becoming eligible for such programs. C/S/E/Ds utilizing core employees shall follow accord with the procedures outlined below:provisions of this Article VIII.
7.1.1 The C/S/E/D worker (1) An employee shall be considered a Core Worker member of a Contractor’s core workforce for the purposes of this Article if the employee’s name appeared employee is a Core Worker as defined in Section 2.8. Prior to each Contractor performing any work on the C/S/E/D’s active payroll for sixty (60) Project, each Contractor utilizing Core Workers, shall provide a list of the one hundred (100) days immediately before the award of the Project Work his Core Workers to the C/S/E/D Director of Construction Management and meets the required definition of 1.7 above,
7.1.2 Each C/S/E/D shall identify Core Workers in their Employment Hiring Plan and Council. Upon request by any party to this Agreement, the Contractor shall provide payroll records and such other records as may be required under Section 2.8 evidencing the worker's employee’s qualification as a Core Worker upon request by LACMTA or any other party to this AgreementWorker. The number of Core Workers on the this Project for C/S/E/Ds covered by this Agreement shall be governed by the following procedure: one (1) Core Worker shall be selected and one worker employee from the hiring hall of the affected trade or craft and this process shall repeat until such C/S/E/D's Contractor’s requirements are met or until such C/S/E/D Contractor has hired five (5) such Core Workers for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall list. .
(2) In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of remaining Core Workers in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E/D Contractor under this Agreement. This provision applies only to CC/S/E/Ds employees who were not currently working under the terms of a current master labor agreement Schedule A Agreement at the time of their transfer to the work covered under this Agreement and is not intended to limit transfer provisions of current master labor agreements the Schedule A Agreements of any tradeUnion. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all contractors each Contractor shall require their "Core Work Force" Workers and any other persons employed, other than through the referral process, to register with the appropriate Union hiring hall, if any, of the signatory union prior to said employee's their first day of employment at the project Project site.
7.2 C/S/E/Ds 8.2 Contractors shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions when such procedures are not in violation of state or federal law or in conflict with provisions set forth in this AgreementFederal law.
7.3 8.3 In the event that referral facilities maintained by the unions Unions are unable to fill the requisition of a C/S/E/D for Local or National Targeted Workers Contractor within forty-a forty eight (48) hours (excluding Saturdays, Sundays and holidays)hour period after such requisition is made by the Contractor, the C/S/E/D Contractor shall be free to obtain Local or National Targeted Workers from any source. If the Union’s registration and referral system does not fulfill the requirements for specific classifications of covered classifications requested by any C/S/E/D within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that C/S/E/D may use employment sources other than the union registration and referral services, and may employ any applicants meeting such standards from any other available source. The contractor shall inform the Union of any applicants hired qualified workers from other sources within 48 hours of such applicant being hiredsources. Any employee(s) hired under this Section 8.3, and such applicants as well as all other employees hired under this Article VIII, shall immediately register with the appropriate hiring hall, if any.
7.3.1 The C/S/E/Ds must document all efforts made be obligated to comply with the targeted hiring process to locate Union Security provisions of this Agreement and hire Local Targeted Workers and National Targeted Workershave a Transportation Worker Identification Credential.
7.3.2 The C/S/E/D shall inform the Unions, Job Coordinator and LACMTA of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s).
7.3.3 No Local or National Targeted Worker, having been pre-screened and /or pre- qualified by the Jobs Coordinator, and employed by the C/S/E/D to work on the Project, shall be required to participate in any Joint Labor/Management “boot camp” or pre- apprentice program that will unnecessarily delay the Targeted Local or National Worker’s start of work or cause said worker’s termination due to having to participate in such “boot camps” or pre-apprentice programs.
7.4 8.4 Unions will be required exert their best efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractors/EmployersContractor.
7.5 Covered Projects Other Than Federally-Funded Projects8.5 The employers and the Unions wish to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Parties will use best efforts to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties.
7.5.1 On Covered Projects other than Federally-Funded Projects8.6 The Unions and Employers agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will make every effort give credit to recruit Local Targeted Workers and to refer and utilize Local Targeted Workers on the Project. The C/S/E/Ds shall submit written documentation to the LACMTA on a quarterly basissuch veterans for bona fide, or as required by LACMTA, which sets forth the steps taken by the C/S/E/Ds to recruit, refer and utilize qualified Local Targeted Workers recruited by the Unions and referred to or utilized on the Project. C/S/E/Ds shall comply with LACMTA instructions to request Local Targeted Workers from particular Economically Disadvantaged Areas. In recognition of LACMTA policy to utilize Local Targeted Workers, the Unions and C/S/E/Ds agree that as long as they possess the requisite skills and qualifications, Local Targeted Workers, with priority given to Community Area Residents, provable past experience.
8.7 All apprentices employed under this Agreement shall be first referred for Project work, including journeypersons indentured and apprentices.
7.5.2 On Covered Projects other than Federally-Funded Projects, registered in a Division of Apprenticeship Standards approved joint labor/management apprenticeship program with the C/S/E/Ds and Unions are responsible for ensuring that the following Targeted Hiring Requirements are met.
(a) A minimum of 40% of all hours of Project Work shall be performed by Local Targeted Workers, with priority given to Community Area Residents. For any hour of Project Work for which the C/S/E/D seeks to meet this requirement, the C/S/E/D and Unions must first refer Community Area Residents. After Unions and C/S/E/Ds have exhausted the available pool of Community Area Residents, they may refer any Local Residents from Extremely Economically Disadvantaged Areas in Los Angeles County; when the C/S/E/Ds have exhausted the available pool, they must refer Local Residents from Economically Disadvantaged Areas in Los Angeles County.
(b) A minimum of 10% of all hours of Project Work shall be performed by Disadvantaged Workers whose primary place of residence is within Los Angeles County.
(c) At least 20% of total work hours on each project will be performed by apprentices, but the hours performed by apprentices in each individual craft shall not exceed the ratio to journeyman established by the applicable appropriate craft union’s DAS approved apprenticeship standards. The parties agree that Local Targeted Workers will perform 50% of all apprenticeship hours worked on the Project.
7.5.3 In determining compliance with the targeted hiring requirements of Section 7.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. These hiring provisions may be utilized on covered Federal-funded projects if approved, or allowed, by the Federal-funding entity.
Appears in 1 contract
Samples: Project Labor Agreement
Referral. 7.1 The C/S/E/Ds recognize that the Unions Union(s) shall be the primary source of all craft labor employed on the Construction Contract for the Covered Project. The Unions will exert their best efforts to recruit and identify individualsHowever, particularly Local or National Targeted Workers, as well as those referred by in the Jobs Coordinator, for entrance or reentrance into the laborevent that a Contractor has his/management apprenticeship programsher own core workforce, and wishes to assist individuals employ such Core Workers to perform covered work, the Contractor shall employ such Core Workers in qualifying and becoming eligible for such programs. C/S/E/Ds utilizing core employees shall follow accord with the procedures outlined below:provisions of this Article VII.
7.1.1 The C/S/E/D worker (1) An employee shall be considered a Core Worker member of a Contractor’s core workforce for the purposes of this Article if the employee’s 's name appeared appears on the C/S/E/DContractor’s active payroll for sixty (60) of the one hundred (100) working days immediately before the award of the Project Work construction contract. Prior to each Contractor performing any work on the Covered Project, each Contractor utilizing Core Workers, shall provide a list of his Core Workers to the CCRA/SLA Audits and Compliance Department. Upon request by any party to this Agreement or the CRA/E/D LA Audits and meets Compliance Department or designee, the required definition of 1.7 above,
7.1.2 Each C/S/E/D shall identify Core Workers in their Employment Hiring Plan and Contractor shall provide payroll records evidencing the worker's core employee’s qualification as a Core Worker upon request by LACMTA or any other party to this Agreementcore employee. The number of Core Workers on the this Covered Project for C/S/E/Ds covered by this Agreement shall be governed by the following procedure: one Core (1) "Core" Worker shall be selected and one worker one
(1) employee from the hiring hall of the affected trade or craft and this process shall repeat until such C/S/E/D's Contractor’s requirements are met or until such C/S/E/D Contractor has hired five (5) "Core" Workers for that craft and five (5) employees from the hiring hall, whichever occurs first. If such Core Contractor’s requirements are not met, such Contractor then shall hire, starting with the eleventh employee, the next ten (10) employees in the affected trade or craft exclusively from the hiring hall list, until such Contractor’s requirements are met. If such Contractor’s requirements are still not met, starting with the twenty-first employee, then one (1) "Core" Worker shall be selected and one (1) employee from the hiring hall of the affected trade or craft and this process shall repeat until such Contractor’s requirement are met or until such Contractor has hired five (5) additional "Core" Workers for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall list. .
(2) In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of remaining Core Workers in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E/D Contractor under this Agreement. This provision applies only to CC/S/E/Ds employees which were not currently working under the terms of a current master labor agreement Schedule A Agreement at the time of their transfer to the work covered under this Agreement and is not intended to limit transfer provisions of current master labor agreements the Schedule A Agreements of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate benefit fund coverage, all contractors shall require their "Core Work Force" and any other persons employed, other than through the referral process, to register with the appropriate hiring hall, if any, of the signatory union prior to said employee's first day of employment at the project siteUnion.
7.2 C/S/E/Ds Contractors shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions when such procedures are not in violation of state or federal law or in conflict with provisions set forth in this AgreementFederal law.
7.3 In the event that referral facilities maintained by the unions Unions are unable to fill the requisition of a C/S/E/D Contractor for Local or National Targeted Workers local workers within forty-a forty eight (48) hours (excluding Saturdays, Sundays and holidays)hour period after such requisition is made by the Contractor, the C/S/E/D Contractor(s) will still exert their best efforts to meet the hiring goals listed in Section 7.6 below. Contractor must document all good faith efforts made to locate and hire Community Area and Local Residents, Apprentices and Disadvantaged Workers including but not limited to copies of facsimile transmittals (with fax confirmations that are date and time stamped) requesting employees to the Jobs Coordinator. In the event the Unions and the Jobs Coordinator are unable to fill the requisition of a Contractor, the Contractor shall be free to obtain Local or National Targeted Workers work persons from any sourcesource but are still obligated to meet the local hiring requirements. If the Union’s registration and referral system does not fulfill the requirements for specific classifications of covered classifications requested by any C/S/E/D within forty-eight (48Any employee(s) hours (excluding Saturdayshired under this Section 7.3, Sundays and holidays)as well as all other employees hired under this Article VII, that C/S/E/D may use employment sources other than the union registration and referral services, and may employ any applicants meeting such standards from any other available source. The contractor shall inform the Union of any applicants hired from other sources within 48 hours of such applicant being hired, and such applicants shall immediately register with the appropriate hiring hall, if any.
7.3.1 The C/S/E/Ds must document all efforts made be obligated to comply with the targeted hiring process to locate and hire Local Targeted Workers and National Targeted Workers.
7.3.2 The C/S/E/D shall inform the Unions, Job Coordinator and LACMTA Union Security provisions of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s).
7.3.3 No Local or National Targeted Worker, having been pre-screened and /or pre- qualified by the Jobs Coordinator, and employed by the C/S/E/D to work on the Project, shall be required to participate in any Joint Labor/Management “boot camp” or pre- apprentice program that will unnecessarily delay the Targeted Local or National Worker’s start of work or cause said worker’s termination due to having to participate in such “boot camps” or pre-apprentice programsthis Agreement.
7.4 Unions will be required exert their best efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractors/Employers.
7.5 Covered Projects Other Than Federally-Funded Projects
7.5.1 On Covered Projects other than Federally-Funded Projects, the Unions will make every effort to recruit Local Targeted Workers and to refer and utilize Local Targeted Workers on the Project. The C/S/E/Ds shall submit written documentation to the LACMTA on a quarterly basis, or as required by LACMTA, which sets forth the steps taken by the C/S/E/Ds to recruit, refer and utilize qualified Local Targeted Workers recruited by the Unions and referred to or utilized on the Project. C/S/E/Ds shall comply with LACMTA instructions to request Local Targeted Workers from particular Economically Disadvantaged AreasContractor. In recognition of LACMTA policy the fact that the communities closest to utilize Local Targeted Workersthe Covered Project will be impacted by the construction of the Covered Project, the Parties agree to support the development of increased numbers of construction workers from residents of these communities. Toward that end, the Unions agree to encourage and Cprovide referrals and utilization of qualified workers residing in the target zip codes. The target zip codes identifying the three (3) mile radius for Community Area Residents for each particular project will be contained in the CRA/S/E/Ds agree that as long as they possess LA Covered Project contract for each project.
7.5 The Unions will exert their best efforts to recruit and identify Local Residents, residents of the requisite skills and qualificationsCity of Los Angeles residing in the targeted areas, Local Targeted Workers, with priority given to Community Area Residents, shall be first referred and Disadvantaged Workers, and to assist such individuals in qualifying and becoming eligible for Project work, including journeypersons and apprentices.such apprenticeship programs. (See Attachment “D”)
7.5.2 On Covered Projects other than Federally-Funded Projects, the C/S/E/Ds and Unions are 7.6 The Prime Contractor is responsible for ensuring that the following Targeted Local Hiring Requirements are met. For Covered Projects with a Developer, the Developer is jointly and severally responsible with the Contractor for ensuring that these requirements are met.
(1) The following percentages shall be attained for each Covered Project:
(a) 30% of total work hours by Community Area and Local Residents. A minimum of 4030% of all hours of Project Work shall be performed by Community Area Residents and Local Targeted WorkersResidents, with priority given to Community Area Residents. For any hour of Project Work for which the C/S/E/D seeks to meet this requirement, the C/S/E/D and Unions must first refer Community Area Residents. After Unions and C/S/E/Ds have exhausted the available pool of Community Area Residents, they may refer any Local Residents from Extremely Economically Disadvantaged Areas in Los Angeles County; when the C/S/E/Ds have exhausted the available pool, they must refer Local Residents from Economically Disadvantaged Areas in Los Angeles County.
(b) 10% of total work hours by Disadvantaged Workers. A minimum of 10% of all hours of Project Work shall be performed by Disadvantaged Workers whose primary place with less than 4000 hours of residence is within Los Angeles County.
(c) At least 20% of total formal, indentured experience in the Unions at the time they commence Project Work. These hours may be applied towards the work hours on each project will be performed by apprentices, but the hours performed by apprentices minimums listed in each individual craft shall not exceed the ratio to journeyman established by the applicable craft union’s DAS approved apprenticeship standards. The parties agree that Local Targeted Workers will perform 50% of all apprenticeship hours worked on the ProjectSections 7.6(1)(a) and 7.6(1)(c).
7.5.3 In determining compliance with the targeted hiring requirements of Section 7.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. These hiring provisions may be utilized on covered Federal-funded projects if approved, or allowed, by the Federal-funding entity.
Appears in 1 contract
Samples: Project Labor Agreement
Referral. 7.1 The C/S/E/Ds recognize that the Unions Union(s) shall be the primary source of all craft labor employed on the Construction Contract for the Project. The Unions Project(s) and will exert their best efforts to recruit and identify individuals, particularly Local residents residing in the Tier 1 or National Targeted Workers2 zip code areas, as well as those referred by the Jobs Coordinator, for entrance or reentrance into the joining labor/management apprenticeship programs, and to assist individuals in qualifying and becoming eligible for such programs. In the event that the C/S/E has his or her own Core Worker(s), and wishes to employ such workers to perform covered work, the C/S/E shall employ such workers in accord with the provisions of this Article VII. The following process shall govern the employment of workers at the Project:
(1) A worker shall be considered a member of a C/S/E/Ds utilizing ’s core employees shall follow the procedures outlined below:
7.1.1 The C/S/E/D worker shall be considered a Core Worker workforce for the purposes of this Article if the employee’s worker's name appeared appears on the C/S/E/D’s active payroll for sixty (60) 60 of the one hundred (100) 100 working days immediately before the award of the Project Work to the C/S/E/D construction contract and meets the required definition of 1.7 1.13 above,
7.1.2 Each . The C/S/E/D E shall identify Core Workers in their Employment Hiring Plan and shall provide payroll records evidencing the worker's ’s qualification as a Core Worker upon request by LACMTA or any other party to this Agreementthe City. The number of Core Workers on the this Project for C/S/E/Ds covered by this Agreement shall be governed by the following procedure: one Core Worker shall be selected and one worker from the hiring hall of the affected trade or craft and this process shall repeat until such C/S/E/D's ’s requirements are met or until such C/S/E/D E has hired five ten (510) such Core Workers for that craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall first be hired exclusively requisitioned from the applicable hiring hall list. in accordance with other provisions in Article VII.
(2) In the event of a reduction-in-force or layoff, such will take place in a manner to assure that the number of remaining Core Workers in the affected craft does not exceed, at any time, the number of others working in that craft who were employed pursuant to other procedures available to the C/S/E/D E under this Agreement. This provision applies only to CC/S/E/Ds employees who were not currently working under the terms of a current master labor agreement Schedule A Agreement at the time of their transfer to the work covered under this Agreement and is not intended to limit transfer provisions of current master labor agreements the Schedule A Agreements of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate benefit fund coverage, all contractors shall require their "Core Work Force" and any other persons employed, other than through the referral process, to register with the appropriate hiring hall, if any, of the signatory union prior to said employee's first day of employment at the project siteUnion.
7.2 C/S/E/Ds Es shall be bound by and utilize the registration facilities and referral systems established or authorized by this Agreement and the signatory Unions for all job site craft employee(s) before such employee(s) begin work, when such procedures are not in violation of state Federal or federal State law or in conflict with provisions set forth in this Agreement.
7.3 In the event that referral facilities maintained by the unions Unions are unable to fill the requisition of a C/S/E/D E for Local or National Targeted Residents and/or Disadvantaged Workers within fortya twenty-eight four (4824) hours (excluding Saturdays, Sundays and holidays)hour period, the C/S/E/D E shall be free to obtain Local or National Targeted Residents and/or Disadvantaged Workers from any source. If the Union’s registration and referral system does not fulfill the requirements However, for specific classifications of covered classifications requested all other requisitions by any a C/S/E/D within fortyE for non-Local Residents or non-Disadvantaged Workers, only after a forty eight (48) hours (excluding Saturdays, Sundays and holidays), that hour period after such requisition is made by the C/S/EE shall the C/D may use employment sources other than the union registration and referral services, and may employ any applicants meeting such standards S/E be free to obtain work persons from any other available sourcesource if the Unions are unable to fill the requisition. The contractor shall inform However, the Union C/S/E is still responsible for complying with conditions and requirements of any applicants hired from other sources within 48 hours of such applicant being hired, the Targeted Hiring Guidelines for Contractors and such applicants shall immediately register with the appropriate hiring hall, if anyPolicy.
7.3.1 (a) The C/S/E/Ds ’s must document document, from the applicable Tiers, all efforts made to comply with the targeted hiring process to locate and hire Local Targeted Workers and National Targeted Residents and/or Disadvantaged Workers.
7.3.2 . The C/S/EE may employ Local Residents and/or Disadvantaged Workers referred by the Jobs Coordinator. However, in the event the Jobs Coordinator is unable to fill the requisition of a C/D S/E for Local Residents and/or Disadvantaged Workers, the C/S/E may utilize any organization, such as those listed in the Targeted Hiring Guidelines for Contractors, to assist them in satisfying the requirements of the Targeted Hiring Guidelines for Contractors and the Policy.
(b) The C/S/E shall inform the Unions, Job Coordinator and LACMTA the BCA of the name, address, worker craft classification and social security number of any worker hired from other sources upon their employment on the Project(s).
7.3.3 (c) No Local or National Targeted Resident and/or Disadvantaged Worker, having been pre- screened and/or pre-screened and /or pre- qualified by the Jobs Coordinator, and employed by the C/S/E/D E to work on the Project, shall be required to participate in any Joint Labor/Management “boot camp” or pre- pre-apprentice program that will unnecessarily delay the Targeted Local or National Resident and/or Disadvantaged Worker’s start of work or cause said worker’s termination due to having to participate in such “boot camps” or pre-apprentice programs.
(d) Any work person hired under this Section 7.3, as well as all other workers hired under this Article VII, shall be obligated to comply with the Union Security provisions of this Agreement.
7.4 The Unions will be required exert their best efforts to refer/recruit sufficient numbers of skilled craft persons Local Residents and Disadvantaged Workers to fulfill the requirements of the Contractors/Employers.
7.5 Covered Projects Other Than Federally-Funded Projects
7.5.1 On Covered Projects other than Federally-Funded Projects, the Unions will make every effort to recruit Local Targeted Workers and to refer and utilize Local Targeted Workers on the Project. The C/S/E/Ds shall submit written documentation E(s). In recognition of the fact that the communities within the boundaries of the City and the Port’s impact zone will be impacted by the construction of the Project, the Parties agree to support the LACMTA on a quarterly basisdevelopment and graduation of disadvantaged construction apprentices and workers from residents within Tiers 1 or 2 zip code areas. Towards that end, or as required by LACMTA, which sets forth the steps taken by Unions agree to encourage and provide referrals and utilization of qualified workers residing preferably within the Tier 1 zip code areas identified in the following: Tier 1 Zip Codes
7.5 When the Unions cannot provide the C/S/E/Ds to recruitEs, refer and utilize qualified having documented their efforts in the attainment of Local Targeted Residents and/or Disadvantaged Workers recruited by within the Unions and referred to or utilized on the Project. C/S/E/Ds shall comply with LACMTA instructions to request Local Targeted Workers from particular Economically Disadvantaged Areas. In recognition of LACMTA policy to utilize Local Targeted WorkersTier 1 zip code areas as listed in Article 7.4 above, the Unions will exert their best efforts to recruit and C/S/E/Ds agree that as long as they possess identify Local Residents and/or Disadvantaged Workers within Tier 2 zip code areas identified in the requisite skills following and qualifications, Disadvantaged Workers in the remaining zip code areas of the City: Tier 2 Zip Codes The Unions will exert their best efforts to recruit and identify Local Targeted Workers, with priority given to Community Area Residents, shall be first referred Residents and/or Disadvantaged Workers of the City and assist individuals in qualifying and becoming eligible for Project work, including journeypersons and apprenticessuch apprenticeship programs.
7.5.2 On Covered Projects other than Federally-Funded Projects, the C/S/E/Ds and Unions are 7.6 The Prime Contractor is responsible for ensuring that compliance with the targeted hiring process for the Project(s) to achieve the following Targeted Hiring Requirements are met.anticipated levels of participation:
(1) The following percentages shall be the targeted hiring for the Project:
(a) A minimum of 40At least 30% of all total work hours of Project Work shall be performed by Local Targeted Workers, with priority given to Community Area Residents. For any hour of Project Work for which the C/S/E/D seeks to meet this requirement, the C/S/E/D and Unions must first refer Community Area Residents. After Unions and C/S/E/Ds have exhausted the available pool of Community Area Residents, they may refer any Local Residents from Extremely Economically Disadvantaged Areas residing within Tier 1 described in Los Angeles County; when the C/S/E/Ds have exhausted the available pool, they must refer Local Residents from Economically Disadvantaged Areas in Los Angeles CountyArticle 7.
(b) A minimum of 10% of all hours of Project Work shall be performed by Disadvantaged Workers whose primary place of residence is within Los Angeles County.
(c) At least 20% of total work hours on each project will be performed by apprentices, but the hours performed by apprentices in each individual craft shall not exceed the ratio to journeyman established by the applicable craft union’s DAS approved apprenticeship standards. The parties agree that Local Targeted Workers will perform 50% of all apprenticeship hours worked on the Project.
7.5.3 In determining compliance with the targeted hiring requirements of Section 7.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. These hiring provisions may be utilized on covered Federal-funded projects if approved, or allowed, by the Federal-funding entity.
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Samples: Project Labor Agreement