WORK STOPPAGE AND LOCKOUTS. Section 1. There shall be no strikes, picketing, work stoppages, informational picketing, slowdowns or other disruptive activity affecting work covered by the PLA for any reason, including disputes relating to the negotiations or renegotiation of any of the Local Collective Bargaining Agreements of the Unions participating in this PLA and identified in Appendix A, by the Unions, or employees, against any Contractor, and/or the Construction Manager and there shall be no lockout by any Contractor or the Construction Manager. (a) Failure of any Union or employee to cross a picket line established by any Union, whether signatory or non-signatory to this PLA, or any other organization, at the Project site will be a violation of this PLA. (b) Disputes between the signatory unions and any tenant, renter or other person or business carrying out its/their normal functions within the boundaries of the Project shall be so handled as not to interfere with the operation of the Project, or the work being performed under this PLA. Section 2. Any employee violating Section 1 above shall be notified by the employer that his/her actions are in violation of the terms of his employment per this PLA, and that failure to return to work at the commencement of the next STANDARD WORK DAY will result in disciplinary action, which could include dismissal, being taken against him/her. The notice shall be sent to the employee's last known address. A copy of the notice shall be sent to the Local Union representing the individual and the Union shall advise the individual to return to work. If the Union and the Contractor cannot agree on the final disposition of disciplinary action taken against the employee, the parties agree to submit the issue to the Arbitrator named in Section 4 of this Article for final resolution. Section 3 (a) If the Construction Manager or a Contractor contends that any Union has violated this Article, it will notify the International President(s) of the Local Union(s) involved, the Council. The International President or Presidents will immediately, but in no instance later than twenty-four (24) hours from the time in which the notice is received, instruct, order and use the best efforts of his office to cause the Local Union or Unions to cease any violation of this Article.
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGE AND LOCKOUTS. Section 1. There shall be no strikes, picketing, work stoppages, informational picketing, slowdowns or other disruptive activity affecting work covered by the PLA for any reason, including disputes relating to the negotiations or renegotiation of any of the Local Collective Bargaining Agreements of the Unions participating in this PLA and identified in Appendix ASchedule A at the Project Site, by the Unions, or employees, against any Contractor, and/or the Construction Manager and there shall be no lockout by any Contractor or the Construction Manager.
(a) Failure of any Union or employee to cross a picket line established by any Union, whether signatory or non-signatory to this PLA, or any other organization, at the Project site will be a violation of this PLA.
(b) Disputes between the signatory unions and any tenant, renter or other person or business carrying out its/their normal functions within the boundaries of the Project or at fabrication/lay down areas in close proximity to the Project and set up for the purpose of servicing the Project shall be so handled as not to interfere with the operation of the Project, or the work being performed under this PLA.
Section 2. Any employee violating Section 1 above shall be notified by the employer that his/her actions are in violation of the terms of his employment per this PLA, and that failure to return to work at the commencement of the next STANDARD WORK DAY standard work day will result in disciplinary action, which could include dismissal, being taken against him/her. The notice shall be sent to the employee's last known address. A copy of the notice shall be sent to the Local Union representing the individual and the Union shall advise the individual to return to work. If the Union and the Contractor cannot agree on the final disposition of disciplinary action taken against the employee, the parties agree to submit the issue to the Arbitrator named in Section 4 of this Article for final resolution.
Section 3 (a) 3. If the Construction Manager or a Contractor contends that any Union has violated this ArticleArticle or Article XVII, Section 4, it will notify in writing the International President(s) of the Local Union(s) involved, advising it of the fact, with copies of such notice to the Building Trades Council, North Atlantic States Regional Council of Carpenters, the Construction Manager and the Owner (or it’s Designee). The International President or Presidents Council and/or the NASRCC will immediately, but in no instance later than twenty-four (24) hours from the time in which the notice is received, instruct, order and use the their best efforts of his office to cause the Local Union local union or Unions unions to cease any violation of this Article.
Section 4. Any party may institute the following procedure, in lieu of or in addition to any other action at law or equity when a breach of Section 1 of this Article is alleged.
(a) A party invoking this procedure shall notify the arbitrator named in Article XIV whom the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, the alternate Arbitrator named in Article XIV shall be appointed. In the event that neither is available, the permanent arbitrator shall appoint an alternate. Notice to the arbitrator shall be by the most expeditious means available, including telephone, email, facsimile, or hand delivery to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation.
(b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall convene a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not before twenty-four (24) hours after the dispatch of the telegraphic notice required by Section 4(a), of this Article.
(c) The arbitrator shall notify the parties by the most expeditious means available, including telephone, email, facsimile, or hand delivery of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party or parties to attend said hearings shall not delay the hearing or issuance of ay award by the arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1 of this Article has occurred. The arbitrator shall have no authority to consider any matter in justification, explanation, or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The arbitrator may order cessation of the violation of this Article and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award may be enforced by any Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telephone, e-mail or facsimile notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the arbitrator's award as issued under Section 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party's right to participate in a hearing for a final order of enforcement. The court's order or orders enforcing the arbitrator's Award shall be served on all parties by hand or by delivery to their last known address or by registered mail.
(f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the parties to whom they accrue.
(g) Fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or party’s respondent.
(h) If the permanent arbitrator determines that a work stoppage or other violation of Section 1 of this Article has incurred in accordance with (d) above, the involved Union(s) shall, immediately upon receipt of the award, direct all of the employees they represent on the Project to immediately return to work or otherwise cease the violation. If such employees do not return to work or cease the violation by the beginning of the next regularly-scheduled shift following the Union's receipt of the permanent arbitrator's award, each involved Union shall pay to the Owner the sum of Ten Thousand ($10,000.00) Dollars as liquidated damages for the first shift in which the violation occurred, and shall pay an additional Ten Thousand ($10,000.00) Dollars per shift for each shift thereafter on which the involved Union's employees have not returned to work. If the permanent arbitrator determines that a lockout has occurred in violation of Section 1, the arbitrator shall award back-pay to the employees who were locked out including all benefit fund contributions. If such liquidated damages are not paid within thirty (30) days from the date of the arbitrator's award, interest at the rate of 12% per annum shall be due on all unpaid amounts. The arbitrator shall retain jurisdiction to determine compliance with this Section and Section 3 of this Article.
Section 5. Procedures in Article XVI shall not be applicable to any alleged violation of this Article.
Section 6. The Construction Manager is a party in interest in all proceedings arising under this Article and Article XVI and XVII and shall be sent contemporaneous copies of all notifications required under these Articles, and, at their option, may participate as full party in any proceeding initiated under these Articles.
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Samples: Project Labor Agreement
