Common use of Referral Clause in Contracts

Referral. 8.1. Contractor(s)/Employer(s) performing construction work on covered Projects shall, in filling craft job requirements be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal law. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement. 8.2. The Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of General Xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s). The selection of craft foremen and general foremen shall be entirely the responsibility of the Contractor(s). Foremen and general foremen shall take orders from the designated Contractor(s) representatives. 8.3. In the event that referral facilities maintained by the Unions are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturday, Sundays and holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain work persons from any source. 8.4. Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractor(s)/Employer(s). The parties to this Agreement support the development of increased numbers of skilled construction workers from graduates of District schools and residents of Contra Costa County and the surrounding East Bay Area to meet the needs of District Projects and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall procedures, of qualified graduates of District schools, Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered Projects and entrance into such apprenticeship and training programs as may be operated by the Unions. 8.5. Recognizing the special needs of District Projects, the Unions shall consider a Contractor(s)/Employer(s) request to transfer key employees to work on a covered Project in a manner consistent with the Union's referral procedures.

Referral. 8.18.1 The Union(s) shall be the primary source of all craft labor employed on the Project. Contractor(s)/Employer(s) performing construction work on covered Projects shall, in filling craft job requirements Contractor/Employers shall be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal or state law. 8.2 The Parties recognize the District’s commitment to provide opportunities to participate on the Project to emerging business enterprises as well as other enterprises that may not have previously had a relationship with the Unions signatory to this Agreement. To ensure that such enterprises will have an opportunity to employ their “key” employees on the Project, the parties agree that in those situations where a Contractor/Employer who is not a party to a current collective bargaining agreement with the signatory Union having jurisdiction over the affected work is a successful bidder, the Contractor may request by name, and the local will honor, referral of core non-apprentice persons who have applied to the local Union for Project work and who demonstrate to the local union dispatcher and provide satisfactory proof of all of the following qualifications: (1) possess any and all license(s) required by state or federal law for the Project work to be performed; (2) have worked a total of at least five thousand (5,000) hours in the appropriate construction craft ; (3) were on the Contractor’s active payroll for at least ninety (90) out of the one-hundred twenty (120) calendar days prior to the contract award; and (4) have the ability to perform safely the basic functions of the applicable trade. The Contractor(s)/Employer(sUnions will refer to such Contractor one employee from the hiring hall out of work list for each affected craft, and will then refer one of the Contractor’s “key” employees as defined above. The process then will be repeated, one and one, until a maximum of five (5) shall “key” employees have the right to reject any applicant referred by the Union(s)been hired, after which point hiring will be done in accordance with the applicable Master Agreementto section 8.1 above. 8.2. The Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of General Xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s). The selection of craft foremen and general foremen shall be entirely the responsibility of the Contractor(s). Foremen and general foremen shall take orders from the designated Contractor(s) representatives. 8.3. 8.3 In the event that referral facilities maintained by the Unions Union(s) are unable to fill the requisition of a Contractor/Employer Employer(s) for employees within a forty-forty eight (48) hour period (Saturday, Sundays and holidays excluded) after such requisition is made in writing by the Contractor/EmployerEmployer(s), the Contractor/Employer Employer(s) shall be free to obtain work persons from any source. 8.4. 8.4 Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons craftpersons to fulfill the requirements of the Contractor(s)/Employer(sContractor/ Employer(s), including preferential dispatch if permissible under applicable laws and hiring hall policies/bylaws. The parties Additionally the Parties to this Agreement Agreement, including the program/construction manager(s), support the development of increased numbers of skilled construction workers from graduates of District schools and the residents of Contra Costa County and the surrounding East Bay Area San Xxxx Evergreen Community College District boundaries to meet meeting the needs of District Projects the Project and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall proceduresprocedures of the local Unions and the standards of the Apprenticeship programs, of qualified graduates of District schoolsresidents residing in the following zip codes listed in (Appendix B) in partnership with the program/construction manager(s), Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered Projects and on the Project including entrance into such apprenticeship and training programs as may be operated by the signatory Unions. Additionally all Contractor/ Employer(s) and program/construction manager(s) under contract to the District for the Project will sponsor and participate in an Construction Careers Academy in conjunction with the parties to this agreement as outlined in (Appendix B). 8.58.5 Each Contractor/Employer or subcontractor performing work on the Project shall, for each apprenticeable craft that it employs, employ on its regular workforce the ratio of apprentices as required by Labor Code Section 1777.5 who are enrolled and participating in a “bona fide” apprenticeship program. Recognizing Prior to commencing work on the special Project, each Contractor/Employer or subcontractor must file with the District a certification of its compliance with this requirement and disclosing the identity of the “bona fide” apprenticeship program(s) from which it will obtain apprentices for work on the Project. 8.6 The Parties recognize the Councils’ participation in the “Helmets-to-Hardhats” program and the District’s desire to facilitate the entry into the Building and Construction Trades of veterans who are interested in careers in the building and construction industry. The Unions agree to utilize services for the Center for Military Recruitment, Assessment and Veteran’s Employment (hereinafter “Center”) and the orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs of District Projects, such veterans. The Unions agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on the Project. To the extent permitted by law the Unions shall consider a Contractor(s)/Employer(s) request will give credit to transfer key employees to work on a covered Project in a manner consistent with such veterans for bona fide, provable past experience. The experience and practical knowledge of veterans will be reviewed and tested by the Union's referral proceduresapplicable Joint Apprenticeship Training Committee. Applicants will be placed at the appropriate stage of apprenticeship or at the journey level as the case may be. Final decision will be the responsibility of the applicable Joint Apprenticeship Training Committee.

Referral. 8.1. Contractor(s)/Employer(s) 13.1 Contractors performing construction work on covered Projects the Project described in the Agreement shall, in filling craft job requirements requirements, utilize and be bound by and utilize the registration facilities and referral systems established or authorized by the Unions signatory hereto. To the extent permitted by law, the following shall apply: For signatory Unions when now having a job referral system contained in a Schedule A Agreement, the Contractors agree to comply with such a system and it shall be used exclusively by such Contractors, together with the procedures are set forth in Section 13.3 below, as appropriate. 13.2 A Contractor that does not traditionally work under a local collective bargaining agreement that is awarded work on the Project may employ their regular local experienced work force, pursuant to the procedures described below, where the employees so designated as a “regular, experienced employee” meet the following qualifications: (a) Possesses any license required by state or Federal law for the Project work to be performed; (b) Worked at least three thousand (3,000) hours in violation the applicable trade or craft; (c) Has been employed by the Contractor for at least ninety (90) days of Federal lawthe one- hundred twenty (120) days immediately preceding the Contractor’s start of Project work; and (d) Has the ability to safely perform the basic functions of the applicable craft or trade. 13.3 As its first employee for work on the Project, the Union shall refer a worker pursuant to the referral procedures referenced in Section 13.1, above. The Contractor(s)/Employer(sContractor may then directly employ one (1) of its qualified “regular, experienced employees” that is referred pursuant to the referral procedures referenced in Section 13.1. This alternating procedure of referral shall continue until a maximum of five (5) qualified “regular, experienced employees” have been referred to the right Contractor. The maximum number of “regular, experienced employees” employed by a Contractor under this procedure shall be five (5). All additional employees shall be requested and referred pursuant to reject any applicant referred by Section 13.1, above. On layoffs, the Union(s)Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union of the name and Social Security number of each regular, in accordance experienced employee to work on the Project and refer the employee to the Union to comply with Article 12 (Union Recognition and Representation) and each such employee shall register with the applicable Master AgreementUnion’s hiring hall before commencing work on the Project. If there is any question regarding an employee’s eligibility under this Section 13.3, the Contractor shall provide satisfactory proof of such at a Union’s request. 8.2. 13.4 The Contractor(s)/Employer(sUnion(s) shall have will exert their best efforts to recruit and dispatch to the unqualified right Contractors sufficient numbers of skilled craftspersons, with a priority for employing Santa Xxxx Junior College students and graduates and Local Residents, to select the extent such preferential dispatching is permissible under applicable laws and hire directly all supervisors above the level of General Xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s). The selection of craft foremen and general foremen shall be entirely the responsibility hiring hall procedures/bylaws of the Contractor(s). Foremen and general foremen shall take orders from the designated Contractor(s) representativesapplicable Union. 8.3. 13.5 In the event that referral facilities maintained by the Unions are a Union is unable to fill the any requisition of a Contractor/Employer for one (1) or more employees within a forty-eight (48) hour period (Saturday, Sundays and holidays excluded) hours after such requisition is made by a Contractor (Saturdays, Sundays, and holidays excepted), then the Contractor/Employer, Contractor may employ applicants meeting the Contractor/Employer shall be free to obtain work persons qualifications sought from any source. 8.4. Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill other available source as per the requirements of the Contractor(s)/Employer(s)applicable Schedule A Agreement. The parties to this Agreement support Contractor shall promptly notify the development Union of increased numbers of skilled construction workers any applicants from graduates of District schools other sources and residents of Contra Costa County and the surrounding East Bay Area to meet the needs of District Projects and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall procedures, of qualified graduates of District schools, Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered Projects and entrance into such apprenticeship and training programs as may be operated by the Unions. 8.5. Recognizing the special needs of District Projects, the Unions shall consider a Contractor(s)/Employer(s) request to transfer key employees to work on a covered Project in a manner consistent comply with the Union's referral proceduresprovisions of Article 12 and this Article 13 regarding registration and referral.

Referral. 8.18.1 The Union(s) shall be the primary source of all craft labor employed on the Projects. Contractor(s)/Employer(s) performing construction work on covered Projects shallHowever, in filling the event that a Contractor/Employer has his/her own Core workforce, the Contractor/Employer(s) may request by name, and the local shall honor, referral of persons who demonstrate the following qualifications: 8.1.1 possess any license required by state or federal law for the Project work to be performed; 8.1.2 have worked a total of at least one thousand (1,000) hours in the construction craft job during the prior three (3) years; 8.1.3 were on the Contractor/Employer(s)’ active payroll for at least sixty (60) out of the one hundred (100) calendar days prior to the contract award; 8.1.4 have the ability to perform safely the basic functions of the applicable trade; and 8.1.5 are a resident of the Green Corridor. 8.2 The Union will refer to such Contractor/Employer(s) one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then refer one of such Contractor/Employer(s)’ “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor/Employer(s) crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor/Employer(s)’ work the ratio shall be maintained and when the Contractor/Employer(s)’ workforce is reduced, employees shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring. Contractor/Employer(s) 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 Master Agreement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement(s) as they relate to such Contractor/Employer(s), except the provisions limiting the number of core employees Berkeley Unified School District 5.1-CF Project Labor Agreement and the provisions regarding the use of Berkeley Residents as core employees. 8.3 Contractor/Employer(s) shall be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal law. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement. 8.2. The Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of General Xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s). The selection of craft foremen and general foremen shall be entirely the responsibility of the Contractor(s). Foremen and general foremen shall take orders from the designated Contractor(s) representatives. 8.3. 8.4 In the event that referral facilities maintained by the Unions Union(s) are unable to fill the requisition of a Contractor/Employer Employer(s) for employees within a forty-eight (48) hour period (Saturdayperiod, Sundays weekends and holidays excluded) , after such requisition is made by the Contractor/EmployerEmployer(s), the Contractor/Employer Employer(s) shall be free to obtain work persons from any source. The Contractor/Employer(s) shall immediately notify the appropriate Union of the identity, including name, address, telephone number and social security number, of any such person(s) hired from an alternative source. 8.4. 8.5 Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractor(s)/Employer(sContractor/Employer(s). The , and document such efforts as required. 8.6 Subject to the limitation of applicable law, the parties to this Agreement support the development of increased numbers of skilled construction workers from graduates of District schools and the residents of Contra Costa County and the surrounding East Bay Area City of Berkeley, to meet the needs of District the Projects and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall proceduresprocedures of the Unions, of qualified graduates of District schoolsBerkeley Residents, Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered on the Projects and entrance into such apprenticeship and training programs as may be operated by the Unions. 8.5. Recognizing the special needs of District Projects, the signatory Unions shall consider a Contractor(s)/Employer(s) request to transfer key employees to work on a covered Project in a manner consistent with the Union's referral proceduresapplicable Apprenticeship Program’s State- approved Standards.

Referral. 8.18.1 The Union(s) shall be the primary source of all craft labor employed on the Projects. Contractor(s)/Employer(s) performing construction work on covered Projects shallHowever, in filling the event that a Contractor/Employer has his/her own core workforce, the Contractor/Employer(s) may request by name, and the local shall honor, referral of persons who demonstrate the following qualifications: 1) possess any license required by state or federal law for the Project work to be performed; 2) have worked a total of at least one thousand (1,000) hours in the construction craft job during the prior three (3) years; 3) were on the Contractor/Employer(s)’ active payroll for at least sixty (60) out of the one hundred (100) calendar days prior to the contract award; and 4) have the ability to perform safely the basic functions of the applicable trade. 8.2 The Union will refer to such Contractor/Employer(s) one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then refer one of such Contractor/Employer(s)’ “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor/Employer(s) crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. In the event that any number of these 5 core employees are Hayward Residents, the Contractor/Employer(s) may continue to request, and the Union will continue to refer, one additional “core” employee for each Hayward resident core employee referred, up to a maximum of 10 core employees total. All such additional core employees will be referred in the same one and one process as described above. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor/Employer(s)’ work the ratio shall be maintained and when the Contractor/Employer(s)’ workforce is reduced, employees shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring. Contractor/Employer(s) 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 Master Agreement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement(s) as they relate to such Contractor/Employer(s), except the provisions limiting the number of core employees and the provisions regarding the use of Hayward Residents as core employees. 8.3 Contractor/Employer(s) shall be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal law. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement. 8.2. The Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of General Xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s). The selection of craft foremen and general foremen shall be entirely the responsibility of the Contractor(s). Foremen and general foremen shall take orders from the designated Contractor(s) representatives. 8.3. 8.4 In the event that referral facilities maintained by the Unions Union(s) are unable to fill the requisition of a Contractor/Employer Employer(s) for employees within a forty-eight (48) hour period (Saturdayperiod, Sundays weekends and holidays excluded) , after such requisition is made by the Contractor/EmployerEmployer(s), the Contractor/Employer Employer(s) shall be free to obtain work persons from any source. The Contractor/Employer(s) shall immediately notify the appropriate Union of the identity, including name, address, telephone number and social security number, of any such person(s) hired from an alternative source. 8.4. 8.5 Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractor(s)/Employer(sContractor/Employer(s). The , and document such efforts as required. 8.6 Subject to the limitation of applicable law, the parties to this Agreement support the development of increased numbers of skilled construction workers from graduates of District schools and the residents of Contra Costa County and the surrounding East Bay Area City of Hayward, to meet the needs of District the Projects and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall proceduresprocedures of the Unions, of qualified graduates of District schoolsHayward Residents, Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered on the Projects and entrance into such apprenticeship and training programs as may be operated by the Unions. 8.5. Recognizing the special needs of District Projects, the signatory Unions shall consider a Contractor(s)/Employer(s) request to transfer key employees to work on a covered Project in a manner consistent with the Union's referral proceduresapplicable Apprenticeship Program’s State-approved Standards. 8.7 If desired by the District, the District and the Building and Construction Trades Council of Alameda County, AFL-C10 (“Council”) shall diligently and in good faith, cooperate to establish a District-based pre-apprenticeship/internship program for District high school students to provide these students with opportunity and access to careers in the trades. If desired by the District, the District and Council intend this program to be implemented within six (6) months from the date the District elects to establish this program.

Referral. 8.1. 8.1 Contractor(s)/Employer(s) performing construction work on covered Projects the Project shall, in filling craft job requirements requirements, utilize and be bound by and utilize the registration facilities and referral systems established or authorized by the Unions signatory Unions when such procedures are not in violation of Federal lawhereto. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement. 8.2. The 8.2 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of General Xxxxxxx general xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s) (unless such craft construction employees are covered by existing Master Agreements). 8.3 In order to meet the local hiring goals in this Agreement, the Union(s) agree to refer to each Contractor/Employer one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and then one of the Contractor/Employer’s “core” employees as a journeyman, and to repeat the process, one and one, until the Contractor/Employer’s crew requirements are met or until each Contractor/Employer has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively form the hiring hall out-of-work list(s). The selection of craft foremen and general foremen A Contractor(s)/Employer(s)’s “core” employees shall be entirely any person that satisfies the responsibility following requirements: a. possess any license and/or certifications required by state or deferral law for the Project work to be performed; b. have worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years; c. were on the contractor’s active payroll for at least sixty (60) out of the Contractor(s). Foremen and general foremen shall take orders from one hundred (100) calendar days prior to the designated Contractor(s) representativescontract award; d. have the ability to perform safely the basic functions of the applicable trade; and e. reside in the Tri-Valley area or work for a Contractor/Employer who is primarily based in the Tri-Valley area. 8.3. 8.4 In the event that referral facilities maintained by the Unions Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (SaturdaySaturdays, Sundays and holidays Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain work persons workers from any source. 8.4. Unions will exert their utmost efforts A Contractor/Employer who hires any worker(s) to recruit sufficient numbers perform Covered Work on the Project pursuant to this section shall immediately provide the appropriate Union with the name and address of skilled craft persons such worker(s) and shall immediately refer such worker(s) to fulfill the appropriate Union to satisfy the requirements of the Contractor(s)/Employer(s). The parties to Article VII of this Agreement support the development of increased numbers of skilled construction workers from graduates of District schools and residents of Contra Costa County and the surrounding East Bay Area to meet the needs of District Projects and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall procedures, of qualified graduates of District schools, Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered Projects and entrance into such apprenticeship and training programs as may be operated by the UnionsAgreement. 8.5. Recognizing the special needs of District Projects, the Unions shall consider a Contractor(s)/Employer(s) request to transfer key employees to work on a covered Project in a manner consistent with the Union's referral procedures.

Referral. 8.18.1 The Union(s) shall be the primary source of all craft labor employed on the Projects. Contractor(s)/Employer(s) performing construction work on covered Projects shallHowever, in filling the event that a Contractor/Employer has his/her own Core workforce, the Contractor/Employer(s) may request by name, and the local shall honor, referral of persons who demonstrate the following qualifications: 8.1.1 possess any license required by state or federal law for the Project work to be performed; 8.1.2 have worked a total of at least one thousand (1,000) hours in the construction craft job during the prior three (3) years; 8.1.3 were on the Contractor/Employer(s)’ active payroll for at least sixty (60) out of the one hundred (100) calendar days prior to the contract award; 8.1.4 have the ability to perform safely the basic functions of the applicable trade; and 8.1.5 are a resident of the Green Corridor. 8.2 The Union will refer to such Contractor/Employer(s) one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then refer one of such Contractor/Employer(s)’ “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor/Employer(s) crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor/Employer(s)’ work the ratio shall be maintained and when the Contractor/Employer(s)’ workforce is reduced, employees shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring. Contractor/Employer(s) 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 Master Agreement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement(s) as they relate to such Contractor/Employer(s), except the provisions limiting the number of core employees and the provisions regarding the use of Berkeley Residents as core employees. 8.3 Contractor/Employer(s) shall be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal law. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement. 8.2. The Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of General Xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s). The selection of craft foremen and general foremen shall be entirely the responsibility of the Contractor(s). Foremen and general foremen shall take orders from the designated Contractor(s) representatives. 8.3. 8.4 In the event that referral facilities maintained by the Unions Union(s) are unable to fill the requisition of a Contractor/Employer Employer(s) for employees within a forty-eight (48) hour period (Saturdayperiod, Sundays weekends and holidays excluded) , after such requisition is made by the Contractor/EmployerEmployer(s), the Contractor/Employer Employer(s) shall be free to obtain work persons from any source. The Contractor/Employer(s) shall immediately notify the appropriate Union of the identity, including name, address, telephone number and social security number, of any such person(s) hired from an alternative source. 8.4. 8.5 Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractor(s)/Employer(sContractor/Employer(s). The , and document such efforts as required. 8.6 Subject to the limitation of applicable law, the parties to this Agreement support the development of increased numbers of skilled construction workers from graduates of District schools and the residents of Contra Costa County and the surrounding East Bay Area City of Berkeley, to meet the needs of District the Projects and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall proceduresprocedures of the Unions, of qualified graduates of District schoolsBerkeley Residents, Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered on the Projects and entrance into such apprenticeship and training programs as may be operated by the Unions. 8.5. Recognizing the special needs of District Projects, the signatory Unions shall consider a Contractor(s)/Employer(s) request to transfer key employees to work on a covered Project in a manner consistent with the Union's referral proceduresapplicable Apprenticeship Program’s State- approved Standards.

Referral. 8.18.1 The Union(s) shall be the primary source of all craft labor employed on the Projects. Contractor(s)/Employer(s) performing construction work on covered Projects shallHowever, in filling the event that a Contractor/Employer has his/her own “core” workforce, the Contractor/Employer may request by name, and the local shall honor, referral of persons who demonstrate the following qualifications: 8.1.1 possess any license required by state or federal law for the Project work to be performed; 8.1.2 have worked a total of at least one thousand (1,000) hours in the construction craft job during the prior three (3) years; 8.1.3 were on the Contractor/Employer(s)’ active payroll for at least sixty (60) out of the one hundred (100) calendar days prior to the contract award; 8.1.4 have the ability to perform safely the basic functions of the applicable trade; and 8.1.5 are a resident of the Green Corridor, defined as Albany, Alameda, Berkeley, El Cerrito, Emeryville, Richmond, Oakland, and San Leandro. 8.2 The Union will refer to such Contractor/Employer one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then refer one of such Contractor/Employer’s “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor/Employer’s crew requirements are met or until such Contractor has hired five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor/Employer’s work the ratio shall be maintained and when the Contractor/Employer’s workforce is reduced, employees shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring. Contractor/Employer(s) 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 Master Agreement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement(s) as they relate to such Contractor/Employer(s). 8.3 Contractor/Employer(s) shall be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal law. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement. 8.2. The Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of General Xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s). The selection of craft foremen and general foremen shall be entirely the responsibility of the Contractor(s). Foremen and general foremen shall take orders from the designated Contractor(s) representatives. 8.3. 8.4 In the event that referral facilities maintained by the Unions Union(s) are unable to fill the requisition of a Contractor/Employer Employer(s) for employees within a forty-eight (48) hour period (Saturdayperiod, Sundays weekends and holidays excluded) , after such requisition is made by the Contractor/EmployerEmployer(s), the Contractor/Employer Employer(s) shall be free to obtain work persons from any source. The Contractor/Employer(s) shall immediately notify the appropriate Union of the identity, including name, address, telephone number and social security number, of any such person(s) hired from an alternative source. 8.4. 8.5 Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractor(s)/Employer(sContractor/Employer(s). The , and document such efforts as required. 8.6 Subject to the limitation of applicable law, the parties to this Agreement support the development of increased numbers of skilled construction workers from graduates of District schools and the residents of Contra Costa County and the surrounding East Bay Area City of Berkeley, to meet the needs of District the Projects and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall proceduresprocedures of the Unions, of qualified graduates of District schoolsBerkeley Residents, Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered on the Projects and entrance into such apprenticeship and training programs as may be operated by the Unions. 8.5signatory Unions consistent with the applicable Apprenticeship Program’s State-approved standards. Recognizing In the special needs of District Projectsevent that Berkeley Residents are insufficient to fully staff the project, the Unions shall consider a Contractor(s)/Employer(s) request are encouraged to transfer key employees reach out to work on a covered Project in a manner consistent with and utilize residents of the Union's referral proceduresCounty of Alameda.

Referral. 8.18.1 The Union(s) shall be the primary source of all craft labor employed on the Project. Contractor(s)/Employer(s) performing construction work on covered Projects shall, in filling craft job requirements Contractor/Employers shall be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal or state law. The Contractor(s)/Employer(sParties recognize the Owner’s commitment to provide opportunities to participate on the Project to emerging business enterprises as well as other enterprises that may not have previously had a relationship with the Unions signatory to this Agreement. To ensure that such enterprises will have an opportunity to employ their “core” employees on this Project, the parties agree that in those situations where a Contractor not a party to a current collective bargaining agreement with the signatory Union having jurisdiction over the affected work is a successful bidder, the Contractor may request by name, and the local will honor, referral of core non-apprentice persons who have applied to the local union for Project work and who demonstrate to the local union dispatcher and provide satisfactory proof of all of the following qualifications: (1) shall possess any and all license(s) required by state or federal law for the Project work to be performed; (2) have worked a total of at least five thousand (5,000) hours in the appropriate construction craft ; (3) were on the Contractor’s active payroll for at least ninety (90) out of the one- hundred twenty (120) calendar days prior to the contract award; and (4) have the right ability to reject any applicant referred by perform safely the Union(s), in accordance with basic functions of the applicable Master Agreementtrade. When the Contractor requires employees for the Project in addition to his/her core workforce it shall utilize the Union referral system. 8.2. The Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of General Xxxxxxx it considers necessary and desirable, without such persons being referred by the Union(s). The selection of craft foremen and general foremen shall be entirely the responsibility of the Contractor(s). Foremen and general foremen shall take orders from the designated Contractor(s) representatives. 8.3. 8.2 In the event that referral facilities maintained by the Unions Union(s) are unable to fill the requisition of a Contractor/Employer Employer(s) for employees within a forty-forty eight (48) hour period (Saturday, Sundays and holidays excluded) after such requisition is made in writing by the Contractor/Employer, the Contractor/Employer shall be free to obtain work persons from any source.the 8.4. 8.3 Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons craftpersons to fulfill the requirements of the Contractor(s)/Employer(sContractor/ Employer(s). The Additionally the parties to this Agreement Agreement, including the program/construction manager(s), support the development of increased numbers of skilled construction workers from graduates of District schools and the residents of Contra Costa County and the surrounding East Bay San Xxxx Area to meet meeting the needs of District Projects the Project and the requirements of the industry generally. Toward that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall proceduresprocedures of the local unions and the standards of the Apprenticeship programs, of qualified graduates of District schoolsresidents residing in the following zip codes listed in (Appendix B) in partnership with the program/construction manager(s), Contra Costa residents and residents of the East Bay Area as journeymen and apprentices to covered Projects and on this Project including entrance into such apprenticeship and training programs as may be operated by the signatory Unions. Additionally the program/construction manager(s) under contract to the district for the project will sponsor and participate in an apprenticeship awareness program and summer internship in conjunction with the parties to this agreement as outlined in (appendix B). 8.5. Recognizing the special needs of District Projects, the Unions shall consider a Contractor(s)/Employer(s) request to transfer key employees to 8.4 Each contractor or subcontractor performing work on a covered Project the project shall, for each apprenticeable craft that it employs, employ on its regular workforce the ratio of apprentices as required by Labor Code Section 1777.5 who are enrolled and participating in a manner consistent “bona fide” apprenticeship program. Prior to commencing work on the “Project”, each contractor or subcontractor must file with the Union's referral proceduresDistrict a certification of its compliance with this requirement and disclosing the identity of the “bona fide” apprenticeship program(s) from which it will obtain apprentices for work on the project.