SBE and DBE CONTRACTORS. The Local Unions recognize that DDOT has a program to encourage and xxxxxx work opportunities for Small Business Enterprises and certified Disadvantaged Business Enterprises (“DBEs”) and the Local Unions will work cooperatively with DDOT and the Design Build Contractor in their efforts to provide such work opportunities. The Project is subject to the federal Disadvantaged Business Enterprise (“DBE”) program (49 CFR Part 26), with a DBE goal, and federal Equal Employment Opportunity requirements (23 CFR Part 230). Notwithstanding the above provision and subject to the below, a certified DBE or an SBE, with 40 or more employees not signatory to a Collective Bargaining Agreement may, with respect to its first 40 hires, request referral by name under the above requirements of up to 50% of the employees covered by this Agreement, by craft, provided such employees meet the qualifications of Article 4, Section 2. B. In that case, the first name referral must be a general foreperson (if otherwise included in a craft’s Collective Bargaining Agreement). Then, every odd numbered hire from the 3rd through the 39th may be a name referral. Thereafter, the above 12 per centum referral provision will apply, meaning that the 48th, 56th, 64rd and every 8th employee thereafter may be a name referral. In the event there is an insufficient number of name referrals who meet the requirements of Article 4, Section 2.B, to satisfy the ratios set forth above, then the DBE/SBE shall obtain referrals through the hiring hall and may not be requested by name. DBEs and SBEs with fewer than 40 employees not signatory to a Collective Bargaining Agreement may designate up to 20 employees meeting the qualifications of Article 4, Section 2.B who may be retained or hired by the SBE or DBE without going through the Union referral or hiring hall. In the event less than 20 employees meet the requirements of Article 4, Section 2.B, then the DBE/SBE shall obtain referrals for the remaining first 20 hires through the hiring hall, and may not be requested by name. The remaining hires (21-40) shall be referred through the hiring hall, and may not be requested by name. All SBE and DBE employees shall otherwise be subject to the terms of this Agreement.
