Common use of Unions Clause in Contracts

Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and women workers. Actions by the Contractor either directly or through a Contractor’s association acting, as agent will include the procedures set forth below: A. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract of understanding, a notice advising the labor union or workers’ representative of the Contractor’s commitments under both the law against discrimination and this contract and shall post copies of the notice in conspicuous places readily accessible to employees and applicants for employment. Further, the notice will request assurance from the union or worker’s representative that such union or worker’s representative will cooperate with the Contractor in complying with the Contractor’s Equal Employment Opportunity and Affirmative Action obligations. B. The Contractor will use their best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. C. The Contractor will use their best efforts to incorporate an Equal Employment Opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their age, race, color, creed, sex, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, or nationality. D. The Contractor is to obtain information as to the referral practices and policies of the labor union except to the extent that such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the NJDOT and shall set forth what efforts have been made to obtain such information. E. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to age, race, color, creed, sex, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, or nationality making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The US Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees). In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these Special Provisions, such Contractor shall immediately notify the NJDOT.

Appears in 3 contracts

Samples: Long Life Pavement Markings Contract, Maintenance Infrastructure Repair Contract, Contract for Resurfacing and Bridge Deck Repairs

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Unions. If the Contractor CONSULTANT relies in whole or in part upon unions as a source of employees, the Contractor CONSULTANT will use his/her their best efforts effort to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and and, to effect referrals by such unions of minority and women workersfemale employees. Actions by the Contractor either directly or through a Contractor’s association acting, as agent will include the procedures set forth below: A. The Contractor CONSULTANT will send to each labor union or representative of workers with which it he has or is bound by a collective bargaining or other agreement or other contract of understanding, a notice to be provided by the State Division of Human Rights, advising the such labor union or workers’ representative of the Contractor’s commitments under both the law against discrimination CONSULTANT's compliance and this contract and shall post copies of the notice in conspicuous places readily accessible to employees and applicants for employment. Further, the notice will request assurance from the union or worker’s representative that such union or worker’s representative will cooperate with the Contractor in complying with non-discrimination clauses. Actions by the Contractor’s Equal Employment Opportunity and Affirmative Action obligations.CONSULTANT, either directly or through a CONSULTANT's association acting as agent, will include the procedures set forth below: B. (a) The Contractor CONSULTANT will use their best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. C. (b) The Contractor CONSULTANT will use their best efforts to incorporate an Equal Employment Opportunity equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their age, race, color, creedreligion, sex, national origin, ancestryage, disability or marital status, affectional or sexual orientation, gender identity or expression, disability, or nationality. D. (c) The Contractor CONSULTANT is to obtain information as to the referral practices and policies of the labor union except that to the extent that such information is within the exclusive possession of the labor union union, and such labor union refuses to furnish such information to the Contractor, the Contractor CONSULTANT. The CONSULTANT shall so certify to the NJDOT STATE and shall set forth what efforts have been made to obtain such information. Further, if the CONSULTANT was directed to do so by the contracting agency as part of the bid or negotiations of this contract, the CONSULTANT shall request such labor union or representative to furnish him with a written statement that such labor union or representative accepts the non-discrimination clauses and will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this contract shall be in accordance with the purposes and provisions of these non- discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the CONSULTANT shall promptly notify the State Division of Human Rights and set forth what efforts have been made to obtain such information. E. (d) In the event the union is unable to provide the Contractor CONSULTANT with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor CONSULTANT will, through independent recruitment efforts, fill the employment vacancies without regard to age, race, color, creedreligion, sex, national origin, ancestryage, disability or marital status, affectional or sexual orientation, gender identity or expression, disability, or nationality making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The US U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor CONSULTANT has a collective bargaining agreement providing for exclusive referral failed to refer minority employees). .) In the event the union referral practice prevents the Contractor CONSULTANT from meeting the obligations pursuant to Executive Order 11246, as amended, and these Special Provisionsspecial provisions, such Contractor CONSULTANT shall immediately notify the NJDOTNew York State Department of Transportation.

Appears in 2 contracts

Samples: Consulting Agreement, Consulting Agreement

Unions. If the Contractor contractor relies in whole or in part upon unions as a source of employees, the Contractor contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and women workersfemale employees. Actions by the Contractor contractor either directly or through a Contractor’s contractor's association acting, acting as agent will include the procedures proce- dures set forth below: A. a. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract of understanding, a notice advising the labor union or workers’ representative of the Contractor’s commitments under both the law against discrimination and this contract and shall post copies of the notice in conspicuous places readily accessible to employees and applicants for employment. Further, the notice will request assurance from the union or worker’s representative that such union or worker’s representative will cooperate with the Contractor in complying with the Contractor’s Equal Employment Opportunity and Affirmative Action obligations. B. The Contractor contractor will use their best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. C. b. The Contractor contractor will use their best efforts to incorporate an Equal Employment Opportunity EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their age, race, color, creedreligion, sex, national origin, ancestry, marital status, affectional age or sexual orientation, gender identity or expression, disability, or nationality. D. c. The Contractor contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent that such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractorcontractor, the Contractor contractor shall so certify to the NJDOT SHA and shall set forth what efforts have been made to obtain such information. E. d. In the event the union is unable to provide the Contractor contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor contractor will, through independent recruitment efforts, fill the employment vacancies without regard to age, race, color, creedreligion, sex, national origin, ancestry, marital status, affectional age or sexual orientation, gender identity or expression, disability, or nationality ; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The US Department of Labor DOL has held that it shall be no excuse that the union with which the Contractor contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees). .) In the event the union referral practice prevents the Contractor contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these Special Provisionsspecial provisions, such Contractor contractor shall immediately notify the NJDOTSHA.

Appears in 1 contract

Samples: Contract

Unions. If the Contractor CONSULTANT relies in whole or in part upon unions as a source of employees, the Contractor CONSULTANT will use his/her their best efforts effort to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and and, to effect referrals by such unions of minority and women workersfemale employees. Actions by the Contractor either directly or through a Contractor’s association acting, as agent will include the procedures set forth below: A. The Contractor CONSULTANT will send to each labor union or representative of workers with which it he has or is bound by a collective bargaining or other agreement or other contract of understanding, a notice to be provided by the State Division of Human Rights, advising the such labor union or workers’ representative of the Contractor’s commitments under both the law against discrimination CONSULTANT's compliance and this contract and shall post copies of the notice in conspicuous places readily accessible to employees and applicants for employment. Further, the notice will request assurance from the union or worker’s representative that such union or worker’s representative will cooperate with the Contractor in complying with non-discrimination clauses. Actions by the Contractor’s Equal Employment Opportunity and Affirmative Action obligations.CONSULTANT, either directly or through a CONSULTANT's association acting as agent, will include the procedures set forth below: B. (a) The Contractor CONSULTANT will use their best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. C. (b) The Contractor CONSULTANT will use their best efforts to incorporate an Equal Employment Opportunity equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their age, race, color, creedreligion, sex, national origin, ancestryage, disability or marital status, affectional or sexual orientation, gender identity or expression, disability, or nationality. D. (c) The Contractor CONSULTANT is to obtain information as to the referral practices and policies of the labor union except that to the extent that such information is within the exclusive possession of the labor union union, and such labor union refuses to furnish such information to the Contractor, the Contractor CONSULTANT. The CONSULTANT shall so certify to the NJDOT STATE and shall set forth what efforts have been made to obtain such information. Further, if the CONSULTANT was directed to do so by the contracting agency as part of the bid or negotiations of this contract, the CONSULTANT shall request such labor union or representative to furnish him with a written statement that such labor union or representative accepts the non-discrimination clauses and will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non- discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the CONSULTANT shall promptly notify the State Division of Human Rights and set forth what efforts have been made to obtain such information. E. (d) In the event the union is unable to provide the Contractor CONSULTANT with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor CONSULTANT will, through independent recruitment efforts, fill the employment vacancies without regard to age, race, color, creedreligion, sex, national origin, ancestryage, disability or marital status, affectional or sexual orientation, gender identity or expression, disability, or nationality making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The US U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor CONSULTANT has a collective bargaining agreement providing for exclusive referral failed to refer minority employees). .) In the event the union referral practice prevents the Contractor CONSULTANT from meeting the obligations pursuant to Executive Order 11246, as amended, and these Special Provisionsspecial provisions, such Contractor CONSULTANT shall immediately notify the NJDOTNew York State Department of Transportation.

Appears in 1 contract

Samples: Consulting Agreement

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Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and women workersfemale employees. Actions by the Contractor either directly or through a Contractor’s association acting, as agent will include the procedures set forth below: A. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract of or understanding, a notice advising the labor union or workers’ representative of the Contractor’s commitments under both the law against discrimination and this contract and shall post copies of the notice in conspicuous places readily accessible to employees and applicants for employment. Further, the notice will request assurance from the union or worker’s representative that such union or worker’s representative will cooperate with the Contractor in complying with the Contractor’s Equal Employment Opportunity and Affirmative Action obligations. B. The Contractor will use their best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. C. The Contractor will use their best efforts to incorporate an Equal Employment Opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their age, race, color, creedreligion, sex, or national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, or nationality. D. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent that such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the NJDOT Department and shall set forth what efforts have been made to obtain such information. E. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to age, race, color, creedreligion, sex, or national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, or nationality making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The US Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees). In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these Special Provisions, such Contractor shall immediately notify the NJDOTDepartment.

Appears in 1 contract

Samples: Maintenance Hot Mix Asphalt Pavement Repair Contract

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