Common use of Union Recognition and Employment Clause in Contracts

Union Recognition and Employment. Section 1. The Contractor recognizes the Unions as the sole and exclusive bargaining representatives of all craft employees within their respective jurisdictions working on the Project within the scope of this Agreement. Section 2. The Contractor has the right to determine the competency of all employees, the number of employees required, subject to the lawful xxxxxxx provisions of applicable local collective bargaining agreements (provided that such provisions will not be recognized if they unduly restrict the productivity or efficiency of the work and the full utilization of the workforce), and shall have the sole responsibility for selecting employees to be laid off, consistent with Article VI, Section 3 below. (a) For Local Unions now having a job referral system as contained in Schedule A, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Such job referral system will be operated in a non-discriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination, and referrals shall not be affected by obligations of union membership or the lack thereof, except that nothing in this section shall preclude the lawful exercise of rights under the union security clause as to employees delinquent in their proper dues payments. All of the foregoing hiring procedures, including related practices affecting apprenticeship and training, will be operated so as to facilitate the ability of the contractors to meet any and all equal employment opportunity/affirmative action obligations, and to permit and facilitate compliance with the Port's Social Justice Program. The Contractor may reject any referral for any lawful reason, provided the Contractor complies with Article XII, Section 6(a). (b) To the extent permitted by law, the Unions will give credit for bona fide, provable past experience to applicants, including work for non-union contractors who become signatory to the PLA. The experience and practical knowledge of applicants will be reviewed and tested by the applicable 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 decisions will be the responsibility of the applicable Joint Apprenticeship Training Committee, subject to final review by the California Division of Apprenticeship Standards. (c) From time to time or as requested, the appropriate Joint Apprenticeship Coordinator(s) will make progress reports on the number and disposition of applicants to the Social Justice Committee. (d) The Port and the unions agree to establish one or more centers to facilitate the entry into and retention of Local Impact Area residents interested in careers in the building and construction trades. The center(s) will be known as "Community Resource Centers". The center(s) will serve as a resource for preliminary orientation; assessment of construction aptitude; referral to pre-apprenticeship and apprenticeship programs or hiring halls; needs assessment; counseling and mentoring; support network for women; employment opportunities and other needs as identified for prospective workers. (e) The Unions agree to coordinate with the "Community Resource Centers" established in subsection (d) above to create and maintain an integrated database of hiring list members from the LIA and LBA, and agree that such local union out-of- work-list registrants may use the Community Resource Center(s) as a facility from which they may be referred for work covered under this Agreement, consistent with normal union hiring hall procedures. Further, the Parties agree, that a Contractor may use the Community Resource Center(s) as a resource for identifying LIA/LBA local union out-of-work-list registrants who could be made subject to name call for the purpose of meeting the LIA/LBA hiring goals. A Contractor will contact the applicable Union dispatcher to request a name-call worker, and the Union will agree to dispatch such a worker from the Union hall consistent with normal union hiring hall procedures. The Community Resource Center(s) will provide the necessary confirmation to the Union dispatcher that the worker has received and accepted the dispatch and will also provide confirmation to the Contractor. Unions that maintain dispatch facilities within the Port LIA, or which dispatch by telephone to the job, will not be required to utilize this provision for dispatch of workers. Section 4. In the event that Local Unions are unable to fill any request for employees within forty-eight (48) hours after such request is made by the Contractor (Saturdays, Sundays, and holidays excepted), the Contractor may employ applicants from any other available source, including community-based organizations in the LIA. The Contractor shall inform the Union and DSI/PCI of the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Project. Section 5. Except as required by law, the Local Unions shall not knowingly refer an employee currently employed by any Contractor working under this Agreement to any other Contractor. Section 6. The parties agree to a goal that residents of the Port's Local Impact Area defined as Alameda, Emeryville, Oakland and San Leandro) will perform fifty percent (50%) of all hours worked, on a craft-by-craft basis but, that if sufficient and qualified workers from the Local Impact Area are not available to achieve this goal, then residents of the Port's Local Business Area (defined as Alameda County and Contra Costa County) may be utilized. The Contractor shall make good faith efforts to reach this goal through the utilization of normal hiring hall procedures listed in the Schedule A agreements and the resources of the "Community Resource Centers" set out in Section 3 of this Article. Sanctions may be imposed for failure to meet the goals or demonstrate "good faith" effort to do so. In cases of alleged noncompliance, the issue may be referred by the Social Justice Committee to the Social Justice Subcommittee of the Labor/Management Cooperation Joint Administrative Committee for resolution. If a majority of the Subcommittee can make no resolution, the issue may then be referred by the Social Justice Subcommittee to Step 3 of the grievance procedure of Article IX for submission to an arbitrator for a final and binding determination. For purposes of resolution of any dispute arising under this Section, the Port shall be considered a party-in- interest with full right of participation in the arbitration proceeding. Section 7. In the event that a signatory Local Union does not have a job referral system as set forth in Section 3 above, the Contractor shall give the Union equal opportunity to refer applicants. The Contractor shall notify the Union of employees hired from any source other than referral by the Union. Section 8. The Unions will cooperate with the Port, the City of Oakland and other LIA communities, the Contractors and DSI/PCI in conducting outreach activities to recruit and refer local resident applicants to apprenticeship programs or on-the-job employment positions for which they are qualified or qualifiable. Working with the Joint Administrative Committee's Subcommittee on Social Justice, the Unions will, after their out-of-work lists are exhausted, use Community-based organizations (to be identified by the Port of Oakland/Community Social Justice Committee) or State-approved apprenticeship or training programs as a "First Source" for hiring qualified or qualifiable local residents, especially applicants from groups that have been historically disadvantaged in construction industry employment opportunities, before recruiting from other union locals not signatory to this Agreement. Section 9. No employee covered by this Agreement can be required to join any Union as a condition of being first employed on the Project; provided, however, that an employee who is a member of the referring union at the time of the referral shall maintain that membership while employed under the Agreement. All employees shall, however, comply with the union security provision of the applicable Schedule A Agreement for the period during which they are performing on-site Project work, except as modified by this Agreement including the attached letter of understanding. The Contractor agrees to deduct initiation fees, union dues or representation fees from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues and fees to the applicable Union or Council. Section 10. The Parties 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 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 work to be performed; (2) have worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years; (3) were on the Contractor’s active payroll for at least sixty (60) out of the one-hundred eighty (180) calendar days prior to the contract award; and (4) have the ability to perform safely the basic functions of the applicable trade. The Union will refer to such Contractor 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’s “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor’s crew requirements are met or until such Contractor has hired ten (10) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work the ratio shall be maintained and when the Contractor’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. Section 11. Except as provided in Article VI, Section 3, individual seniority will not be recognized or applied to employees working on the Project. Section 12. The selection of craft foremen and/or general foremen and the number of foremen required shall be entirely the responsibility of the Contractor.

Union Recognition and Employment. Section 1. The Contractor Each contractor recognizes the Unions unions as the sole and exclusive bargaining representatives of all craft employees within their respective jurisdictions working on the Project within Projects under the scope of this Agreement. Section 2. The Contractor has Each contractor shall have the right to determine the competency of all employees, employees and the number of employees required, subject to the lawful xxxxxxx provisions of applicable local collective bargaining agreements (provided that such provisions will not be recognized if they unduly restrict the productivity or efficiency of the work and the full utilization of the workforce), and . Each contractor shall have the sole responsibility for selecting employees to be laid off, consistent with Article VI, Section 3 below. (a) Section 3. For Local Unions now unions having a job referral system as contained in Schedule Asystem, the Contractor each contractor agrees to comply with such system, and the referral system and it shall be used exclusively by such Contractor, except as it may be modified by this Articlecontractor. Such job referral system will be operated in a non-discriminatory manner and in full compliance with federal, state, and local laws and regulations which require regulation requiring equal employment opportunities and non-discrimination, and referrals referral shall not be affected in any way by the rules, regulations, by-laws, constitutional provisions or any other aspects or obligations of union membership membership, policies, or requirements. The unions shall indemnify and hold each contractor and The Owner and the lack thereof, except Construction Manager harmless with respect to any claim arising out of how that nothing in this section shall preclude the lawful exercise of rights under the union security clause as to employees delinquent in their proper dues paymentsoperates and administers its referral system. All of the foregoing hiring procedures, including related practices affecting apprenticeship and training, will be operated so as to facilitate the ability of the contractors to meet any and all equal employment opportunity/affirmative action obligations, and to permit and facilitate compliance with the Port's Social Justice Program. The Contractor contractor may reject any referral for any lawful reasonjust reason and request another, provided the Contractor complies with Article XII, Section 6(a). (b) To the extent permitted by law, the Unions will give credit for bona fide, provable past experience to applicants, including work for non-union contractors who become signatory to the PLA. The experience and practical knowledge of applicants will be reviewed and tested by the applicable 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 decisions will be the responsibility of the applicable Joint Apprenticeship Training Committee, subject to final review by the California Division of Apprenticeship Standards. (c) From time to time or as requested, the appropriate Joint Apprenticeship Coordinator(s) will make progress reports on the number and disposition of applicants to the Social Justice Committee. (d) The Port and the unions agree to establish one or more centers to facilitate the entry into and retention of Local Impact Area residents interested in careers in the building and construction trades. The center(s) will be known as "Community Resource Centers". The center(s) will serve as a resource for preliminary orientation; assessment of construction aptitude; referral to pre-apprenticeship and apprenticeship programs or hiring halls; needs assessment; counseling and mentoring; support network for women; employment opportunities and other needs as identified for prospective workers. (e) The Unions agree to coordinate with the "Community Resource Centers" established in subsection (d) above to create and maintain an integrated database of hiring list members from the LIA and LBA, and agree that such local union out-of- work-list registrants may use the Community Resource Center(s) as a facility from which they may be referred for work covered under this Agreement, consistent with normal union hiring hall procedures. Further, the Parties agree, that a Contractor may use the Community Resource Center(s) as a resource for identifying LIA/LBA local union out-of-work-list registrants who could be made subject to name call for the purpose of meeting the LIA/LBA hiring goals. A Contractor will contact the applicable Union dispatcher to request a name-call worker, and the Union will agree to dispatch such a worker from the Union hall consistent with normal union hiring hall procedures. The Community Resource Center(s) will provide the necessary confirmation to the Union dispatcher that the worker has received and accepted the dispatch and will also provide confirmation to the Contractor. Unions that maintain dispatch facilities within the Port LIA, or which dispatch by telephone to the job, will not be required to utilize this provision for dispatch of workersdifferent referral. Section 4. In the event that Local Unions a union does not have a job-referral system as set forth in Section 3 above, the contractor shall give the Union forty-eight (48) hours to refer applicants. The Contractor shall notify, in writing, the union of employees hired from any source other than referral by the union. Section 5. In the event that unions are unable to fill any request requisitions for qualified employees within forty-eight (48) hours after such request requisition is made by the Contractor (Saturdays, Sundays, and holidays excepted)contractor, the Contractor contractor may employ applicants from any other available source, including community-based organizations in the LIA. The Contractor contractor shall inform the Union and DSI/PCI union of the name and social security number of on any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Projectsources. Section 56. Except as required by law, the Local Unions The unions shall not knowingly refer an employee currently employed by any Contractor contractor working under this Agreement to any other Contractor. Section 6. The parties agree to a goal contractor, nor shall any union engage in any activity that residents of the Port's Local Impact Area defined as Alameda, Emeryville, Oakland and San Leandro) will perform fifty percent (50%) of all hours worked, on a craft-by-craft basis but, that if sufficient and qualified workers from the Local Impact Area are not available to achieve this goal, then residents of the Port's Local Business Area (defined as Alameda County and Contra Costa County) may be utilized. The Contractor shall make good faith efforts to reach this goal through the utilization of normal hiring hall procedures listed in the Schedule A agreements and the resources of the "Community Resource Centers" set out in Section 3 of this Article. Sanctions may be imposed for failure to meet the goals encourages workforce turnover or demonstrate "good faith" effort to do so. In cases of alleged noncompliance, the issue may be referred by the Social Justice Committee to the Social Justice Subcommittee of the Labor/Management Cooperation Joint Administrative Committee for resolution. If a majority of the Subcommittee can make no resolution, the issue may then be referred by the Social Justice Subcommittee to Step 3 of the grievance procedure of Article IX for submission to an arbitrator for a final and binding determination. For purposes of resolution of any dispute arising under this Section, the Port shall be considered a party-in- interest with full right of participation in the arbitration proceedingabsenteeism. Section 7. In The unions will exert their utmost efforts to recruit sufficient numbers of skilled craft workers to fulfill the event manpower requirements of each contractor, including calls to local unions in other geographic areas when its referral lists have been exhausted. The parties to this Agreement support the development of increased numbers of skilled construction workers from the residents of Allegheny County. Toward that a signatory Local Union does not have a job referral system as set forth in Section 3 aboveend, the Contractor shall give unions agree to encourage the Union equal opportunity referral and utilization, to refer applicants. The Contractor shall notify the Union of employees hired from any source other than referral extent permitted by law and the Unionhiring hall procedures, or qualified residents as journeymen, apprentices and trainees on the Projects. Section 8. The Unions will cooperate with All employees covered by this agreement who are members of the Port, union for the City of Oakland and other LIA communities, the Contractors and DSI/PCI craft in conducting outreach activities to recruit and refer local resident applicants to apprenticeship programs or on-the-job employment positions for which they are qualified or qualifiable. Working with working on the Joint Administrative Committee's Subcommittee on Social Justiceeffective date of this agreement shall, the Unions will, after their out-of-work lists are exhausted, use Community-based organizations (to be identified by the Port of Oakland/Community Social Justice Committee) or State-approved apprenticeship or training programs as a "First Source" for hiring qualified or qualifiable local residents, especially applicants from groups that have been historically disadvantaged in construction industry employment opportunities, before recruiting from other union locals not signatory to this Agreement. Section 9. No employee covered by this Agreement can be required to join any Union as a condition of being first employed on employment, maintain their membership in the Project; provided, however, that an employee union during the term of this agreement and all employees who is a member are not members of the referring union at for which the time craft they are working shall, as a condition of employment, join the union and maintain their membership in the union during the term of this agreement from and after the eighth day following their employment or the effective date of this agreement, whichever is later. If any of the referral shall maintain that membership while employees now or hereafter employed under by the Agreement. All employees shallContractor are found to be in non-compliance with any of the provisions of this Article, however, comply with the union security provision shall immediately notify the employer in writing and the employee so found in non-compliance shall be dismissed from the employ of the applicable Schedule A Agreement for contractor by the period during which they are performing on-site Project work, except as modified by this Agreement including the attached letter of understanding. The Contractor agrees to deduct initiation fees, union dues or representation fees from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues and fees to the applicable Union or Council. Section 10. The Parties 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 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 work to be performed; (2) have worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years; (3) were on the Contractor’s active payroll for at least sixty (60) out end of the one-hundred eighty (180) calendar days prior to the contract award; and (4) have the ability to perform safely the basic functions shift of the applicable trade. The Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then refer one day of such Contractor’s “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor’s crew requirements are met or until such Contractor has hired ten (10) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work the ratio shall be maintained and when the Contractor’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 hiringnotification. Section 11. Except as provided in Article VI, Section 3, individual seniority will not be recognized or applied to employees working on the Project. Section 12. The selection of craft foremen and/or general foremen and the number of foremen required shall be entirely the responsibility of the Contractor.

Union Recognition and Employment. Section SECTION 1. The Contractor recognizes the Unions Union as the sole and exclusive bargaining representatives representative of all craft employees within their respective jurisdictions working on the Project within the scope of this Agreement. Section SECTION 2. Applicants for various classifications covered by the Agreement required by the Contractor on the Project shall be referred to the Contractor by the Local Union. The Contractor has shall have the right to determine the competency of all employees, the right to determine the number of employees required, subject to the lawful xxxxxxx provisions of applicable local collective bargaining agreements (provided that such provisions will not be recognized if they unduly restrict the productivity or efficiency of the work and the full utilization of the workforce), and shall have the sole responsibility for selecting the employees to be laid off, off consistent with Article VI, Section 3 below.IV below and the attached Schedule A's. The Contractor shall also have the right to reject any applicant referred by the Local Union subject to the show-up payments required in the applicable Schedule A. (a) For The Contractor shall give the Union first preference to refer qualified journeymen subject to the provisions of the "Union's Job Referral System" currently in the Collective Bargaining Agreement of any of the Local Unions now having a job referral system as contained identified in Schedule A, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Such job referral system will be operated in a non-discriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination, and referrals shall not be affected by obligations Appendix A of union membership or the lack thereof, except that nothing in this section shall preclude the lawful exercise of rights under the union security clause as to employees delinquent in their proper dues payments. All of the foregoing hiring procedures, including related practices affecting apprenticeship and training, will be operated so as to facilitate the ability of the contractors to meet any and all equal employment opportunity/affirmative action obligations, and to permit and facilitate compliance with the Port's Social Justice Program. The Contractor may reject any referral for any lawful reason, provided the Contractor complies with Article XII, Section 6(a). (b) To the extent permitted by law, the Unions will give credit for bona fide, provable past experience to applicants, including work for non-union contractors who become signatory to the PLA. The experience and practical knowledge of applicants will be reviewed and tested by the applicable 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 decisions will be the responsibility of the applicable Joint Apprenticeship Training Committee, subject to final review by the California Division of Apprenticeship Standards. (c) From time to time or as requested, the appropriate Joint Apprenticeship Coordinator(s) will make progress reports on the number and disposition of applicants to the Social Justice Committee. (d) The Port and the unions agree to establish one or more centers to facilitate the entry into and retention of Local Impact Area residents interested in careers in the building and construction trades. The center(s) will be known as "Community Resource Centers". The center(s) will serve as a resource for preliminary orientation; assessment of construction aptitude; referral to pre-apprenticeship and apprenticeship programs or hiring halls; needs assessment; counseling and mentoring; support network for women; employment opportunities and other needs as identified for prospective workers. (e) The Unions agree to coordinate with the "Community Resource Centers" established in subsection (d) above to create and maintain an integrated database of hiring list members from the LIA and LBA, and agree that such local union out-of- work-list registrants may use the Community Resource Center(s) as a facility from which they may be referred for work covered under this Agreement. However, consistent with normal union hiring hall procedures. Furtheronce notified, the Parties agree, that if a Contractor may use the Community Resource Center(s) as a resource for identifying LIA/LBA local union out-of-work-list registrants who could be made subject to name call for the purpose of meeting the LIA/LBA hiring goals. A Contractor will contact the applicable Local Union dispatcher to request a name-call worker, and the Union will agree to dispatch such a worker from the Union hall consistent with normal union hiring hall procedures. The Community Resource Center(s) will provide the necessary confirmation to the Union dispatcher that the worker has received and accepted the dispatch and will also provide confirmation to the Contractor. Unions that maintain dispatch facilities within the Port LIA, or which dispatch by telephone to the job, will not be required to utilize this provision for dispatch of workers. Section 4. In the event that Local Unions are is unable to fill any request requisition for employees within a forty-eight (48) hours hour period after such request requisition is made by the Contractor (Saturdays, SundaysSundays and Holidays excepted, unless the request is for work on any of those days) the Contractor may employ applicants from any other available source. In the event that the Union's Schedule A does not contain a Job Referral System as set forth in this section the (b) The Union and holidays the Contractor shall make good faith efforts to support the Owner’s small business inclusion goals and programs applicable to this Project. Nothing in this Section shall require the Union to refer, or the Contractor or Subcontractor to hire, workers that such Contractor or Subcontractor reasonably believe are not qualified for available jobs. SECTION 4. All employees covered by this Agreement shall be subject to Union security provisions contained in the applicable Schedule A. SECTION 5. In the event that any Union is unable to fill any requisition for employees within a forty-eight (48) hour period after such requisition is made by the Contractor (Saturdays, Sundays and Holidays excepted), the Contractor may employ applicants from any other available source, including community-based organizations in . SECTION 6. In the LIA. The Contractor shall inform the Union and DSI/PCI of the name and social security number of any applicants hired from other sources and shall refer the applicant to event that the Local Union for dispatch to the Project. Section 5. Except does not have a Job Referral System as required by law, the Local Unions shall not knowingly refer an employee currently employed by any Contractor working under this Agreement to any other Contractor. Section 6. The parties agree to a goal that residents of the Port's Local Impact Area defined as Alameda, Emeryville, Oakland and San Leandro) will perform fifty percent (50%) of all hours worked, on a craft-by-craft basis but, that if sufficient and qualified workers from the Local Impact Area are not available to achieve this goal, then residents of the Port's Local Business Area (defined as Alameda County and Contra Costa County) may be utilized. The Contractor shall make good faith efforts to reach this goal through the utilization of normal hiring hall procedures listed in the Schedule A agreements and the resources of the "Community Resource Centers" set out forth in Section 3 of this Article. Sanctions may be imposed for failure to meet the goals or demonstrate "good faith" effort to do so. In cases of alleged noncompliance, the issue may be referred by the Social Justice Committee to the Social Justice Subcommittee of the Labor/Management Cooperation Joint Administrative Committee for resolution. If a majority of the Subcommittee can make no resolution, the issue may then be referred by the Social Justice Subcommittee to Step 3 of the grievance procedure of Article IX for submission to an arbitrator for a final and binding determination. For purposes of resolution of any dispute arising under this Section, the Port shall be considered a party-in- interest with full right of participation in the arbitration proceeding. Section 7. In the event that a signatory Local Union does not have a job referral system as set forth in Section 3 above, the Contractor shall give the Local Union equal opportunity to refer applicantsqualified applicants pursuant to a non-discriminatory job referral procedure. The Contractor shall notify the Union of employees hired from any source other than referral by the Union. Section 8. The Unions will cooperate with the Port, the City of Oakland and other LIA communities, the Contractors and DSI/PCI in conducting outreach activities to recruit and refer local resident applicants to apprenticeship programs or on-the-job employment positions for which they are qualified or qualifiable. Working with the Joint Administrative Committee's Subcommittee on Social Justice, the Unions will, after their out-of-work lists are exhausted, use Community-based organizations (to be identified by the Port of Oakland/Community Social Justice Committee) or State-approved apprenticeship or training programs as a "First Source" for hiring qualified or qualifiable local residents, especially applicants from groups that have been historically disadvantaged in construction industry employment opportunities, before recruiting from other union locals not signatory to this Agreement. Section 9. No employee covered by this Agreement can be required to join any Union as a condition of being first employed on the Project; provided, however, that an employee who is a member of the referring union at the time of the referral shall maintain that membership while employed under the Agreement. All employees shall, however, comply with the union security provision of the applicable Schedule A Agreement for the period during which they are performing on-site Project work, except as modified by this Agreement including the attached letter of understanding. The Contractor agrees to deduct initiation fees, union dues or representation fees from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues and fees to the applicable Union or Council. Section 10. The Parties 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 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 work to be performed; (2) have worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years; (3) were on the Contractor’s active payroll for at least sixty (60) out of the one-hundred eighty (180) calendar days prior to the contract award; and (4) have the ability to perform safely the basic functions of the applicable tradeSECTION 7. The Union will refer exert their utmost efforts to such Contractor one journeyman employee from recruit sufficient numbers of skilled craftsmen to fulfill the hiring hall out-of-work list for the affected trade or craft, and will then refer one of such Contractor’s “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor’s crew manpower requirements are met or until such Contractor has hired ten (10) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor’s work . Where employees require HAZMAT, OSHA, forklift, confined space or any other training as required by applicable law, the ratio applicable training fund contained in the Schedule A shall be maintained and when used to provide such training at no additional cost to the Contractor’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. Section 11. Except as provided in Article VI, Section 3, individual seniority will not be recognized or applied to employees working on the Project. Section 12SECTION 8. The selection of craft foremen and/or general foremen and the number of foremen required shall be entirely the responsibility of the Contractor. All employees shall take orders from the designated Contractor’s xxxxxxx.

Union Recognition and Employment. Section 13.1 No employee covered by this Agreement shall be required to join any union as a condition of being employed, or remaining employed, on the Project. The Contractor recognizes All employees shall, however, be required to be members in good standing with the Unions as referring union or to comply with the sole and exclusive bargaining representatives union security provisions of all craft employees within their respective jurisdictions working the applicable Schedule A on or before the eighth (8th) day of continuous or cumulative employment on the Project within for the scope period during which they are performing Project work. This shall include rendering payment of the applicable monthly dues and fees uniformly required for union membership in the local union which is signatory to this Agreement, to the extent such payments are consistent with federal law. Section 23.2 The Employer shall honor Union dues and initiation fees check-off pursuant to receipt of properly authorized dues deduction cards signed by its employees, along with other lawful authorizations from employees providing for deductions from wages. Section 3.3 The Contractor/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor has Contractor/Employer(s) shall have the right to determine reject any applicant referred by the competency of all employees, the number of employees required, subject to the lawful xxxxxxx provisions of applicable local collective bargaining agreements (provided that such provisions will not be recognized if they unduly restrict the productivity or efficiency of the work and the full utilization of the workforceUnion(s), in accordance with the applicable Schedule A. Section 3.4 The Contractor/Employer(s) and shall have Union(s) agree not to engage in any form of discrimination because of race, color, creed, national origin, ancestry, age, sex, sexual orientation, disability, or any other protected classification, against any employee, or applicant for employment, on the sole responsibility for selecting employees to be laid off, consistent with Article VI, Section 3 belowProject. (a) For Local Section 3.5 The signatory Unions now having a represent that their respective job referral system as contained in Schedule A, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as it may be modified by this Article. Such job referral system will be systems are operated in a non-discriminatory manner and in full compliance with the federal, state, and local laws and regulations which require regulations, requiring equal employment opportunities and non-discrimination, and referrals shall not be affected by obligations of union membership or the lack thereof, except that nothing in this section shall preclude the lawful exercise of rights under the union security clause as to employees delinquent in their proper dues payments. All of the foregoing hiring procedures, including related practices affecting apprenticeship and training, will be operated so as to facilitate the ability of the contractors to meet any and all equal employment opportunity/affirmative action obligations, and to permit and facilitate compliance with the Port's Social Justice Program. The Contractor may reject any referral for any lawful reason, provided the Contractor complies with Article XII, Section 6(a). (b) To the extent permitted by law, the Unions will give credit for bona fide, provable past experience to applicants, including work for non-union contractors who become signatory to the PLA. The experience and practical knowledge of applicants will be reviewed and tested by the applicable 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 decisions will be the responsibility of the applicable Joint Apprenticeship Training Committee, subject to final review by the California Division of Apprenticeship Standards. (c) From time to time or as requested, the appropriate Joint Apprenticeship Coordinator(s) will make progress reports on the number and disposition of applicants to the Social Justice Committee. (d) The Port and the unions agree to establish one or more centers to facilitate the entry into and retention of Local Impact Area residents interested in careers in the building and construction trades. The center(s) will be known as "Community Resource Centers". The center(s) will serve as a resource for preliminary orientation; assessment of construction aptitude; referral to pre-apprenticeship and apprenticeship programs or hiring halls; needs assessment; counseling and mentoring; support network for women; employment opportunities and other needs as identified for prospective workers. (e) The Unions agree to coordinate with the "Community Resource Centers" established in subsection (d) above to create and maintain an integrated database of hiring list members from the LIA and LBA, and agree that such local union out-of- work-list registrants may use the Community Resource Center(s) as a facility from which they may be referred for work covered under this Agreement, consistent with normal union hiring hall procedures. Further, the Parties agree, that a Contractor may use the Community Resource Center(s) as a resource for identifying LIA/LBA local union out-of-work-list registrants who could be made subject to name call for the purpose of meeting the LIA/LBA hiring goals. A Contractor will contact the applicable Union dispatcher to request a name-call worker, and the Union will agree to dispatch such a worker from the Union hall consistent with normal union hiring hall procedures. The Community Resource Center(s) will provide the necessary confirmation to the Union dispatcher that the worker has received and accepted the dispatch and will also provide confirmation to the Contractor. Unions that maintain dispatch facilities within the Port LIA, or which dispatch by telephone to the job, will not be required to utilize this provision for dispatch of workers. Section 43.6 The Unions will exert their utmost efforts to recruit sufficient numbers of skilled applicants to fulfill the workforce requirements of the Contractors. In the event that Local Unions are unable to fill any request for employees the referral system maintained by the respective Union does not refer the required number of qualified applicants requested by the Contractor within a forty-eight (48) hours hour period after such request is made by the Contractor (Saturdays, Sundays, and holidays excepted), the Contractor contractor may withdraw the request and employ applicants from any other available source, including community-based organizations in the LIA. The Contractor shall inform the Union and DSI/PCI of the name and social security number of any applicants hired from other sources and shall refer the applicant to the Local Union for dispatch to the Projectsources. Section 53.7 The parties to the WSIPLA support the development of increased number of skilled construction workers from the residents of the SFPUC’s service territory to meet the needs of the Project. Except as required Towards that end, the Unions agrees to encourage the referral and utilization, to the extent permitted by law, hiring hall procedures, and the Local Unions shall not knowingly refer an employee currently employed Standards of the applicable Apprenticeship Program approved by any Contractor working under the State of California, Division of Apprenticeship Standards, of qualified residents as journeymen, apprentices and trainees on this Agreement to any other ContractorProject and entrance into such apprenticeship and training programs as may be operated by signatory Unions. Section 6. 3.8 The parties agree to a goal that residents of Union(s) shall be the Port's Local Impact Area defined as Alameda, Emeryville, Oakland and San Leandro) will perform fifty percent (50%) primary source of all hours worked, on a craft-by-craft basis but, that if sufficient and qualified workers from the Local Impact Area are not available to achieve this goal, then residents of the Port's Local Business Area (defined as Alameda County and Contra Costa County) may be utilized. The Contractor shall make good faith efforts to reach this goal through the utilization of normal hiring hall procedures listed in the Schedule A agreements and the resources of the "Community Resource Centers" set out in Section 3 of this Article. Sanctions may be imposed for failure to meet the goals or demonstrate "good faith" effort to do so. In cases of alleged noncompliance, the issue may be referred by the Social Justice Committee to the Social Justice Subcommittee of the Labor/Management Cooperation Joint Administrative Committee for resolution. If a majority of the Subcommittee can make no resolution, the issue may then be referred by the Social Justice Subcommittee to Step 3 of the grievance procedure of Article IX for submission to an arbitrator for a final and binding determination. For purposes of resolution of any dispute arising under this Section, the Port shall be considered a party-in- interest with full right of participation in the arbitration proceeding. Section 7. In the event that a signatory Local Union does not have a job referral system as set forth in Section 3 above, the Contractor shall give the Union equal opportunity to refer applicants. The Contractor shall notify the Union of employees hired from any source other than referral by the Union. Section 8. The Unions will cooperate with the Port, the City of Oakland and other LIA communities, the Contractors and DSI/PCI in conducting outreach activities to recruit and refer local resident applicants to apprenticeship programs or on-the-job employment positions for which they are qualified or qualifiable. Working with the Joint Administrative Committee's Subcommittee on Social Justice, the Unions will, after their out-of-work lists are exhausted, use Community-based organizations (to be identified by the Port of Oakland/Community Social Justice Committee) or State-approved apprenticeship or training programs as a "First Source" for hiring qualified or qualifiable local residents, especially applicants from groups that have been historically disadvantaged in construction industry employment opportunities, before recruiting from other union locals not signatory to this Agreement. Section 9. No employee covered by this Agreement can be required to join any Union as a condition of being first labor employed on the Project; provided, however, that an employee who is a member of the referring union at the time of the referral shall maintain that membership while employed under the Agreement. All employees shall, however, comply with the union security provision of the applicable Schedule A Agreement for the period during which they are performing on-site Project work, except as modified by this Agreement including the attached letter of understanding. The Contractor agrees to deduct initiation fees, union dues or representation fees from the pay of any employee who executes a voluntary authorization for such deductions and to remit the dues and fees to the applicable Union or Council. Section 10. The Parties parties recognize the OwnerSFPUC’s commitment to provide interest in providing 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 Agreementthe WSIPLA. To ensure Therefore, in the event 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 bidderhas 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: (1a) possess Possesses any license required by state or federal law for the Project work to be performed; (2b) have Has worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years; (3c) were Has been on the Contractor’s active payroll for at least sixty (60) out of 500 hours in the one-hundred eighty (180) calendar days year immediately prior to the contract award; and (4d) have Has the ability to perform safely the basic functions of the applicable trade. . Section 3.9 The Union will refer to such Contractor one journeyman employee from the hiring hall out-of-work list for the each affected trade or craft, and will then refer one of such Contractor’s “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor’s crew requirements are met or until such Contractor has hired ten seven (107) “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 Contractorcontractor’s work work, the ratio shall be maintained and when the Contractorcontractor’s workforce is reduced, employees shall be reduced in the same ratio of as core employees to hiring hall referrals as was applied in the initial hiringhiring period. Section 11. Except as provided in Article VI3.10 Contractors signatory to Local, Section 3Regional, individual seniority will not be recognized or applied to employees working on the Project. Section 12. The selection of craft foremen and/or general foremen and the number of foremen required National collective bargaining agreements with Union(s) signatory hereto shall be entirely bound to use the responsibility hiring hall provisions contained in the Schedule A Agreement of the Contractoraffected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Schedule A Agreement(s) as they relate to such contractors.