Common use of UNION REFERRAL Clause in Contracts

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreements. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreements. Notwithstanding Execution Copy 2015-2018 this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis.Execution Copy 2015-2018 C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.. Execution Copy 2015-2018

UNION REFERRAL. ‌ A. The Contractors agree to request, employ and hire craft employees employees, including Program Hires as defined in Article 2, Section 1(I), for Program Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreementsCBAs set forth in Schedule “A”. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to does not fill any request for qualified employees within a 48 48-hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. Any employee hired by a Contractor because a Local Union does not fill a request for qualified employees within a 48 hour period (Saturdays, Sundays and holidays excepted) are not covered by this Agreement for purposes of Article 11, Section 2, unless they are or become a member or agency shop fee payor of an affiliated Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work (“Core Employees”) and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A “A” CBAs, with contracts subcontracts valued at or under five hundred thousand two-million dollars ($500,0002,000,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employeeCore Employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work 365 calendar days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) CBA with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors Contractor and all sub-contractors agree to employ and hire for this Project, craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1, 2,3 and 4 of subparagraph (B) established in the Local Unions’ ' area collective bargaining agreements. Notwithstanding this, Contractors the Contractor and all sub-contractors shall have sole right rights to determine the competency of all referrals; to determine the number of employees required; the selection of employees to select employees for layoff be laid-off (subject to except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a the Contractor and all sub-contractors (Saturdays, Sundays and holidays excepted), a the Contractor or sub-contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor or sub-contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor or sub-contractor shall notify the Local Union of Project craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Consistent with the Exhibit B CBA, The Contractor or a sub-contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work Project work and who meet the following qualificationsqualifications as determined by a Committee of 3 designated, respectively, by the applicable Local Union, the CM or Contractor or sub-contractor and a mutually selected third party or, in the absence of agreement, the permanent arbitrator (or designee) designated in Article 9: (1) possess Possess any license required by New York State NYS law for the Program Work Project work to be performed; (2) have Have worked a total of at least 1000 hours in the Construction field craft during the prior 3 years; and; (3) were Were on the Contractor’s 's or sub-contractor's active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (24) have worked a total of at least 1000 hours in Have demonstrated ability to safely perform the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out basic functions of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.applicable

UNION REFERRAL. ‌ A. The Design Build Contractor and Contractors agree to utilize, employ and hire craft employees for Program Project Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ ' area collective bargaining agreementsCollective Bargaining Agreements. Notwithstanding this, the Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays Holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program the Project Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local Union will honor, referral of persons who have applied to the Local Union for Program the Project Work and who meet the following qualifications: (1) possess any license required by New York State District of Columbia law for the Program Project Work to be performed; (2) have worked a total of at least 1000 hours in the Construction construction field during the prior 3 years; and (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth All Contactors and Unions shall participate in New York City Administrative Code §6-129, that are not signatory up to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th5) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work career fairs to be performed; (2) have worked organized by the Parties in a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll concerted effort to recruit potential applicants for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 millionemployment, the Local will honor referrals by name of the second (2nd), fifth (5th), apprenticeship and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), aboveapprenticeship readiness opportunities. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire craft employees for Program Project Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1, 2 and 4 of subparagraph B) established in the Local Unions’ ' area collective bargaining agreementsagreements (listed in Schedule A to this Agreement) and the Unions agree to provide such craft employees (including apprentices) to all Contractors on a non- discriminatory basis. Notwithstanding this, the Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; the selection of employees to select employees for layoff be laid-off (subject to except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the any required show-up paymentsallowance. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period after such requisition is made by a the Contractor (Saturdays, Sundays and holidays excepted), a the Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of Project craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will must honor, referral of persons who have applied to the Local for Program Project Work and who meet the following qualifications: (1) possess any license required by New York State NYS law for the Program Project Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field craft during the prior 3 years; and; (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award; (4) have the ability to safely perform the basic functions of the applicable trade. No more than twelve 25 per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions aboveabove (any fraction shall be rounded to the next highest whole number). Under Craft forepersons and/or general forepersons may be included in this provision25 percent. If requested by the appropriate Union, a Contractor utilizing this provision for by-name referrals begin will furnish the Union with a written certification that the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors individuals requested for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: requirements of (1) possess any license required - (4) above. It is understood that the first three employees per Contractor by New York State law for the Program Work to craft shall be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, obtained through the Local will honor referrals by name Unions’ job referral system and hiring halls; the 4th employee may be requested under the special provisions set forth above; and so on. Notwithstanding the foregoing, a Contractor (including a subcontractor of any tier) who employs craft labor to perform work which falls within the second (2nd)craft jurisdiction of a non-signatory Union may obtain its workforce from any qualified source, fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), aboveincluding completely from its pre- existing workforce. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. 1. The Contractors agree to employ and hire Project, craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1,2, and 4 subparagraph B) established in the Local Unions’ ' area collective bargaining agreementsagreements (attached as Schedule A to this Agreement). Notwithstanding this, the Contractors shall have sole right rights to determine the competency of all referrals; to determine the number of employees requiredrequired (except with regard to piledriving); the selection of employees to select employees for layoff be laid-off (subject to the applicable procedures in Schedule A for permanent and/or temporary layoffs and except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period after such requisition is made by a the Contractor (Saturdays, Sundays Sundays, and holidays excepted), a the Contractor may employ qualified applicants from any other available another competent source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of the Project, craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. 2. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work Project work and who meet the following qualificationsqualifications as determined by a Committee of 3 designated, respectively, by the applicable Local Union, the Authoirty and a mutually selected third party or, in the absence of agreement, the permanent arbitrator (or designee) designated in Article 7: (1) possess any license required by New York State Jersey law for the Program Work Project work to be performed; (2) have worked a total of at least 1000 hours in the Construction field craft during the prior 3 years; and; (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award; (4) have demonstrated ability to safely perform the basic function of the applicable trade. No more than twelve 12 per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above (any fraction shall be rounded to the next highest whole number). 3. A certified MBE/WBE contractor may request from the Workforce Coordinator, through the Authority, an exception to, and waiver of, the above per centum limitation upon the number of its employees to be hired through the special provision of Section 2.B above. Under this provision, name referrals begin with This exception is based upon hardship and demonstration by the eighth employee needed contractor that the Project work would be the contractor’s only job and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals it would be obliged to lay off qualified minority and female employees in its current workforce moving from the last job. The exception and waiver are also conditioned upon the employees meeting the qualifications as set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), 2.B above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreements. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to request, employ and hire craft employees employees, including Program Hires as defined in Article 2, Section 1(L), for Program Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreementsCBAs set forth in Schedule “A”. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to does not fill any request for qualified employees within a 48 48-hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. Any employee hired by a Contractor because a Local Union does not fill a request for qualified employees within a 48 hour period (Saturdays, Sundays and holidays excepted) are not covered by this Agreement for purposes of Article 11, Section 2, unless they are or become a member of an affiliated Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work (“Core Employees”) and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A “A” CBAs, with contracts subcontracts valued at or under five hundred thousand two-million dollars ($500,000)2,000,000) and where the first two or more workers are hired simultaneously, may request by name, and the Local will honor, referral of the second first (2nd1st), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire Project, craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1,2, and 4 subparagraph B) established in the Local Unions’ ' area collective bargaining agreementsagreements (attached as Schedule A to this Agreement). Notwithstanding this, the Contractors shall have sole right rights to determine the competency of all referrals; to determine the number of employees requiredrequired (except with regard to pile driving); the selection of employees to select employees for layoff be laid-off (subject to the applicable procedures in Schedule A for permanent and/or temporary layoffs and except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period after such requisition is made by a the Contractor (Saturdays, Sundays Sundays, and holidays excepted), a the Contractor may employ qualified applicants from any other available another competent source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of the Project, craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work Project work and who meet the following qualificationsqualifications as determined by a Committee of 3 designated, respectively, by the applicable Local Union, the GC AND/OR PMF and a mutually selected third party or, in the absence of agreement, the permanent arbitrator (or designee) designated in Article 7: (1) possess any license required by New York State NJ law for the Program Work Project work to be performed; (2) have worked a total of at least 1000 hours in the Construction field craft during the prior 3 years; and; (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award; (4) have demonstrated ability to safely perform the basic function of the applicable trade. No Following the employment of the first employee in each craft under Schedule A or the procedure set forth above in paragraph A, no more than twelve ten (10%) per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above which, consistent with N.J.S.A. 52:38-4, permit contractors and subcontractors working on the Bergen County All Projects Above $5,000,000- July 2017 C. A certified MBE/WBE contractor may request from the Workforce Coordinator, through the GC AND/OR PMF, an exception to, and waiver of, the above per centum limitation upon the number of its employees to be hired through the special provision of Section2.B above. Under this provision, name referrals begin with This exception is based upon hardship and demonstration by the eighth employee needed contractor that the Project work would be the contractor’s only job and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals it would be obliged to lay off qualified minority and female employees in its current workforce moving from the last job. The exception and waiver are also conditioned upon the employees meeting the qualifications as set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), 2.B above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Prime Contractor and Contractors agree to utilize, employ and hire craft employees for Program Project Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ ' area collective bargaining agreements. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local UnionUnion for cause, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Project Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Project Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Project Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to utilize, employ and hire craft employees for Program Project Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreementsCollective Bargaining Agreements. Notwithstanding this, Contractors shall have the sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Project Work within its jurisdiction from any source other than referral by the Union. B. A Contractor Contractor, not signatory to any Schedule A CBAs, may request by name, its core employee(s) and the Local will honor, referral of persons who have applied to the Local for Program Project Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Project Work to be performed; (2) have worked a total of at least 1000 hours in the Construction construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, A certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are contractor not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), CBAs may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8thname its core employee(s) employee, who have applied to the Local for Program Work and who that meet the following qualifications:, in accordance with sub-paragraphs D (1) and (2) below. (1) possess any license required by New York State law for the Program Project Work to be performed; (2) have worked a total of at least 1000 hours in the Construction construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work calendar days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Notwithstanding Section 2(B) above, 1) For prime contracts up to $3,000,000, in any case where the first two or more employees are hired simultaneously, the certified MWBE’s core employees may be the 1st, 4th, 6th and 8th selections. In any case where the first two or more employees are not hired simultaneously, the MWBE’s core employees may be the 2nd 4th 6th and 8th selections. 2) For subcontracts up to $2,000,000 in any case where the first two or more employees are hired simultaneously, the certified MWBE’s core employees may be the 1st, 4th, 6th, and 8th selections. In any case where the first two or more employees are not hired simultaneously, the MWBE’s core employees may be the 2nd, 4th, 6th, and 8th selections. E. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission. F. The Parties recognize that the Project will require large numbers of craft personnel and other supporting workers. It is, therefore, the explicit understanding and intention of the Parties to use the opportunities provided by the length of the Project and the extensive amount of work to be covered by the Labor Agreement to identify and promote, through cooperative efforts, programs, procedures, and ways to assist interested local residents in the surrounding communities of the Project, especially disadvantaged residents, in pursuing careers in the construction industry through apprenticeship programs. These efforts may include, for example, programs to prepare persons for entrance into formal apprenticeship programs such as pre-apprenticeship programs utilizing the Building and Construction Trades Council’s Xxxxxx X. Xxxxxx Initiative for Construction Skills, and any program that may be offered the Authority or the CONSTRUCTION MANAGER OR GENERAL CONTRACTOR, and outreach programs to the community describing opportunities available as a result of the Project. G. Upon requests of Contractors, the Local Unions that operate work referral systems will give preference to local community residents in their respective Local Unions for referral to work for Contractors performing Project Work, to the extent permitted by law. Each affiliate receiving such a request will process the request expeditiously and will refer local community residents, to the extent available, to the requesting Contractor. The Authority, its designee and the CONSTRUCTION MANAGER OR GENERAL CONTRACTOR may facilitate such referrals by, among other things, maintaining and regularly sharing with the Local Unions a local referral registry which may be utilized by the Authority, its designee and the CONSTRUCTION MANAGER OR GENERAL CONTRACTOR to refer qualified local community residents, provided, however, that nothing contained herein shall supersede any legal obligation of any Local Union arising by collective bargaining agreement or otherwise. The Labor Management Committee established under Article 8 may review any problem with requests under this paragraph or administrator action of the local referral registry but such will not be a condition to a grievance under Article 9. H. To the extent permitted by the local union referral systems, employees affiliated with a local union working for a certified MWBE Contractor under the terms of this PLA may be requested by the certified MWBE non-union contractor by name to transfer with that contractor to any other job governed by this PLA, or a PLA substantially similar to this PLA governing the Authority’s work, consistent with the provisions of subparagraph D 1.) and 2.) of this Article.

UNION REFERRAL. ‌ A. The Prime Contractor and Contractors agree to utilize, employ and hire craft employees for Program Project Work covered by this Agreement through the job referral refenal systems and hiring halls established in the Local Unions’ ' area collective bargaining agreements. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local UnionUnion for cause, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. , In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this ArticleAtticle. The Contractor shall notify the Local Union of craft employees hired for Program Project Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Project Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Project Work to be performed; (2) have worked a total of at least 1000 I 000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.EXECUTION COPY 8

UNION REFERRAL. ‌ A. The Contractors agree to request, employ and hire craft employees employees, including Program Hires as defined in Article 2, Section 1(L), for Program Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreementsCBAs set forth in Schedule “A”. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to does not fill any request for qualified employees within a 48 48-hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. Any employee hired by a Contractor because a Local Union does not fill a request for qualified employees within a 48 hour period (Saturdays, Sundays and holidays excepted) are not covered by this Agreement for purposes of Article 11, Section 2, unless they are or become a member of an affiliated Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work (“Core Employees”) and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A “A” CBAs, with contracts subcontracts valued at or under five hundred thousand two-million dollars ($500,000)2,000,000) and where the first two or more workers are hired simultaneously, may request by name, and the Local will honor, referral of the second first (2nd1st), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to utilize, employ and hire craft employees for Program Project Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreements. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Project Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Project Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Project Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire Project craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1, 2, and 4 subparagraph B) established in the Local Unions’ ' area collective bargaining agreementsagreements (attached as Schedule A to this Agreement). Notwithstanding this, the Contractors shall have sole right rights to determine the competency of all referrals; to determine the number of employees requiredrequired (except with regard to pile driving); the selection of employees to select employees for layoff be laid-off (subject to the applicable procedures in Schedule A for permanent and/or temporary layoffs and except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period after such requisition is made by a the Contractor (Saturdays, Sundays Sundays, and holidays excepted), a the Contractor may employ qualified applicants from any other available another competent source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of the Project, craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. . A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work Project work and who meet the following qualifications: qualifications as determined by a Committee of 3 designated, respectively, by the applicable Local Union, involved Contractor and a mutually selected third party or, in the absence of agreement, the permanent arbitrator (1or designee) possess designated in Article 7: Possess any license required by New York State Jersey law for the Program Work Project work to be performed; (2) have ; Have worked a total of at least 1000 1,000 hours in the Construction field craft during the prior 3 years; and (3) were Were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award; Have demonstrated ability to safely perform the basic function of the applicable trade. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to above (any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied fraction shall be rounded to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2ndnext highest whole number), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1, 2 and 4 of subparagraph B) established in the Local Unions’ ' area collective bargaining agreementsagreements (attached as Schedule A to this Agreement). Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the required show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire craft employees for Program Work of the Local Unions covered by this Agreement through the job referral systems system and hiring halls (where the referrals meet the qualifications set forth in Item’s 1, 2 and 4 of subparagraph B) established in the Local Unions’ Union’s area collective bargaining agreementsCollective Bargaining Agreements (attached as Schedule A to this Agreement). Notwithstanding thisthis requirement, the Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; the selection of employees to select employees for layoff be laid off (subject to Article 5, except as provided in Section 34.3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period after such requisition is made by a the Contractor (Saturdays, Sundays and holidays Holidays excepted), a the Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this ArticleSection. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local Union will honor, referral of persons who have applied to the Local Union for Program Project Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Project Work to be performed; (2) have Have worked a total of at least 1000 hours in the Construction field construction craft during the prior 3 two years; , and (3) were Were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award. . (4) Have the ability to safely perform the basic functions of the applicable trade. (5) Have not committed a felony or misdemeanor, or other violation that would render such person unfit to work on school district property. C. No more than twelve per centum percent (12%) per centum of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to above (any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied fraction shall be rounded to the next highest whole number). The twelve percent (12%) per centum provision only applies after the Contractor hires its first employee from the appropriate Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), aboveUnion. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to request, employ and hire craft employees employees, including Program Hires as defined in Article 2, Section 1(I), for Program Work covered by this Agreement through the job referral systems and hiring halls established in the Local Unions’ area collective bargaining agreementsCBAs set forth in Schedule “A”. Notwithstanding this, Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; to select employees for layoff (subject to Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to does not fill any request for qualified employees within a 48 48-hour period after such requisition is made by a Contractor (Saturdays, Sundays and holidays excepted), a Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. Any employee hired by a Contractor because a Local Union does not fill a request for qualified employees within a 48-hour period (Saturdays, Sundays and holidays excepted) are not covered by this Agreement for purposes of Article 11, Section 2, unless they are or become a member of an affiliated Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work (“Core Employees”) and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A “A” CBAs, with contracts subcontracts valued at or under five hundred thousand two-million dollars ($500,0002,000,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employeeCore Employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work 365 calendar days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) CBA with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire Project craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1, 2 and 4 of subparagraph B) established in the Local Unions’ ' area collective bargaining agreementsagreements (attached as Schedule A to this Agreement), and the Unions agree to provide such craft employees (including apprentices) to all Contractors on a non-discriminatory basis. Notwithstanding this, the Contractors shall have sole right to determine the competency of all referrals; to determine the number of employees required; the selection of employees to select employees for layoff be laid-off (subject to except as provided in Article 5, Section 35.3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period period, excluding Sundays and holidays, after such requisition is made by a Contractor (Saturdaysthe Contractor, Sundays and holidays excepted), a the Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of Project craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. The Local Unions will cooperate with Contractor requests for minority, women or economically disadvantaged referrals to meet the provisions of Article 4, Section 4.4. These workers may be delivered under a “Direct Entry” designation or by use of a Department of Labor Waiver. B. A Contractor may request by name, and the Local will must honor, referral of persons who have applied to the Local for Program Work Project work and who meet the following qualifications: (1) possess any license required by New York State NYS law for the Program Work Project work to be performed; (2) have worked a total of at least 1000 hours in the Construction field craft during the prior 3 years; and; (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award; (4) have the ability to safely perform the basic functions of the applicable trade. No more than twelve per centum (12%) 12 percent of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to above (any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied fraction shall be rounded to the Local for Program Work and who meet next highest whole number). Craft forepersons and/or general forepersons shall be included in this 12 percent. The Contractor may hire per craft, seven (7) employees referred by the following qualifications: applicable trade or craft, then one (1) possess any license required employee who is employed by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to shall repeat the foregoing requirementsprocess, seven and one, until the crew requirements for that craft are met. In both casesIf requested by the appropriate Union, a Contractor utilizing this provision for by-name referrals will thereafter be in accordance shall furnish the Union with Section 2(B), a written certification that the individuals requested for referral meet the requirements of (1) - (4) above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire Project, craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1,2, and 4 subparagraph B) established in the Local Unions’ ' area collective bargaining agreementsagreements (attached as Schedule A to this Agreement). Notwithstanding this, the Contractors shall have sole right rights to determine the competency of all referrals; to determine the number of employees requiredrequired (except with regard to pile driving); the selection of employees to select employees for layoff be laid-off (subject to the applicable procedures in Schedule A for permanent and/or temporary layoffs and except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period after such requisition is made by a the Contractor (Saturdays, Sundays Sundays, and holidays excepted), a the Contractor may employ qualified applicants from any other available another competent source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of the Project, craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work Project work and who meet the following qualificationsqualifications as determined by a Committee of 3 designated, respectively, by the applicable Local Union, the GC AND/OR PMF and a mutually selected third party or, in the absence of agreement, the permanent arbitrator (or designee) designated in Article 7: (1) possess any license required by New York State NJ law for the Program Work Project work to be performed; (2) have worked a total of at least 1000 hours in the Construction field craft during the prior 3 years; and; (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award. No more than twelve per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (24) have worked a total of at least 1000 hours in demonstrated ability to safely perform the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out basic function of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), aboveapplicable trade. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire Project, craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1, 2 and 4 of subparagraph B) established in the Local Unions’ area collective bargaining agreementsagreements (attached as Schedule A to this Agreement). Notwithstanding this, the Contractors shall have sole right rights to determine the competency of all referrals; to determine the number of employees required; the selection of employees to select employees for layoff be laid-off (subject to except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48 hour period after such requisition is made by a the Contractor (Saturdays, Sundays and holidays excepted), a the Contractor may employ qualified applicants from any other available source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of Project, craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work Project work and who meet the following qualificationsqualifications as determined by a Committee of 3 designated, respectively, by the applicable Local Union, the Construction Project Manager and a mutually selected third party or, in the absence of agreement, the permanent arbitrator (or designee) designated in Article 7: (1) possess any license required by New York State NYS law for the Program Work Project work to be performed; (2) have worked a total of at least 1000 hours in the Construction field craft during the prior 3 years; and; (3) were on the Contractor’s active payroll for at least 60 out of the 180 calendar days prior to the contract award; (4) have demonstrated ability to safely perform the basic functions of the applicable trade. No more than twelve 12 per centum (12%) of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provision, name referrals begin with the eighth employee needed and continue on that same basis. C. Notwithstanding Section 2(B), above, certified MWBE contractors for which participation goals are set forth in New York City Administrative Code §6-129, that are not signatory to above (any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied fraction shall be rounded to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked next highest whole number). The Committee may also allow a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both casesabove per centum, name referrals will thereafter be in accordance with to employ trainees (pursuant to Article 13, Section 2(B)2) to afford an opportunity to minority, abovewomen or economically disadvantaged persons for entry into the construction industry outside of the formal apprenticeship program. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.

UNION REFERRAL. ‌ A. The Contractors agree to employ and hire Project, craft employees for Program Work covered by this Agreement through the job referral systems and hiring halls (where the referrals meet the qualifications set forth in items 1,2, and 4 subparagraph B) established in the Local Unions’ ' area collective bargaining agreementsagreements (attached as Schedule A to this Agreement), subject to the goals of any applicable local ordinances or agreements pertaining to hiring and apprenticeship goals for minorities, women, residents of disadvantaged communities, and local residents. Notwithstanding this, the Contractors shall have sole right rights to determine the competency of all referrals; to determine the number of employees requiredrequired (except with regard to pile driving and cranes); the selection of employees to select employees for layoff be laid-off (subject to the applicable procedures in Schedule A for permanent and/or temporary layoffs and except as provided in Article 5, Section 3); and the sole right to reject any applicant referred by a Local Union, subject to the show-up payments. payments required in the applicable Schedule A. In the event that a Local Union is unable to fill any request for qualified employees within a 48 48-hour period after such requisition is made by a the Contractor (Saturdays, Sundays Sundays, and holidays excepted), a the Contractor may employ qualified applicants from any other available another competent source. In the event that the Local Union does not have a job referral system, the Contractor shall give the Local Union first preference to refer applicants, subject to the other provisions of this Article. The Contractor shall notify the Local Union of the Project, craft employees hired for Program Work within its jurisdiction from any source other than referral by the Union. B. A Contractor may request by name, and the Local will honor, referral of persons who have applied to the Local for Program Work Project work and who meet the following qualificationsqualifications as determined by a Committee of 3 designated, respectively, by the applicable Local Union, the GC and a mutually selected third party or, in the absence of agreement, the permanent arbitrator (or designee) designated in Article 7: (1) possess any license required by New York State NJ law for the Program Work Project work to be performed; (2) have worked a total of at least 1000 hours in the Construction field craft during the prior 3 years; and; (3) were on the Contractor’s 's active payroll for at least 60 out of the 180 calendar days prior to the contract award; (4) have demonstrated ability to safely perform the basic function of the applicable trade. No Following the employment of the first employee in each craft under Schedule A or the procedure set forth above in paragraph A, no more than twelve per centum (12%) per centum of the employees covered by this Agreement, per Contractor by craft, shall be hired through the special provisions above. Under this provisionabove which, name referrals begin consistent with N.J.S.A. 52:38-4, permit contractors and subcontractors working on the eighth employee needed and continue on that same basispublic works project to retain a percentage of their current workforce (any fraction shall be rounded to the next highest whole number). C. Notwithstanding Section 2(B)A certified MBE/WBE contractor may request from the Workforce Coordinator, through the GC , an exception to, and waiver of, the above per centum limitation upon the number of its employees to be hired through the special provision of Section2.B above, certified MWBE contractors for which participation goals . This exception is based upon hardship and demonstration by the contractor that the Project work would be the contractor’s only job and that it would be obliged to lay off qualified minority and female employees in its current workforce moving from the last job. The exception and waiver are also conditioned upon the employees meeting the qualifications as set forth in New York City Administrative Code §6-129, that are not signatory to any Schedule A CBAs, with contracts valued at or under five hundred thousand ($500,000), may request by name, and the Local will honor, referral of the second (2nd), fourth (4th), sixth (6th), and eighth (8th) employee, who have applied to the Local for Program Work and who meet the following qualifications: (1) possess any license required by New York State law for the Program Work to be performed; (2) have worked a total of at least 1000 hours in the Construction field during the prior 3 years; and (3) were on the Contractor’s active payroll for at least 60 out of the 180 work days prior to the contract award. For such contracts valued at above $500,000 but less than $1 million, the Local will honor referrals by name of the second (2nd), fifth (5th), and eighth (8th) employee subject to the foregoing requirements. In both cases, name referrals will thereafter be in accordance with Section 2(B), 2.B above. D. Where a certified MWBE Contractor voluntarily enters into a Collective Bargaining Agreement (“CBA”) with a BCTC Union, the employees of such Contractor at the time the CBA is executed shall be allowed to join the Union for the applicable trade subject to satisfying the Union’s basic standards of proficiency for admission.