WORK STOPPAGES AND LOCKOUTS. Section 1. There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason (including disputes relating to the negotiation or renegotiation of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies at the Project site) by the Union(s) or employees at or affecting the Project site or against any Contractor covered under this Agreement at this Project site and there shall be no lockout by the Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the Project construction site is a violation of this Article. Section 2. The Contractor may discharge any employee violating Section 1, above, and any such employee will not be eligible for rehire under this Agreement for a period of up to 120 days. The Union shall take all steps necessary to obtain immediate compliance with this Article but shall not be held liable for conduct for which it is not responsible. (a) If the Contractor contends that any Union has violated this Article, Article X, Section 4 or Article XIX, Section 3, it will notify in writing the International President(s) of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCI. The International President or Presidents will immediately instruct, order and use the best efforts of his office to cause the Local Union(s) to cease any violation of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. (b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 5. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances. Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during the term of this Agreement. Any Union or Local Union which initiates or participates in a work stoppage in violation of this Article, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h). Section 5. Any party, including the Owner, whom the parties agree is a party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in lieu of or in addition to any other contractual procedure or any action at law or equity, when a breach of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX is alleged: (a) A party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification of the arbitrator on behalf of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator shall be by the most expeditious means available, with notices to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receipt. (b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after the notice to the International President(s) required by Section 3, above. (c) The arbitrator shall notify the parties of the place and time chosen 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 of evidence or the issuance of any award by the arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, 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 the Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) Such award shall be final and binding on all parties and 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. Written 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 5(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 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) The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent. (h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Article. Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed. Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There During the term of this PLA there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason (including disputes relating to the negotiation or renegotiation of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies at the Project site) by the Union(s) Union, its applicable Local Union or employees at or affecting the Project site or against by any Contractor covered under this Agreement at this Project site employee, and there shall be no lockout by the ContractorContractor on FAA-Funded Covered Projects. Failure of any Union, Local Union or employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the FAA- Funded Covered Project construction site is a violation of this Article.
Section 2. The Contractor may discharge Union and its applicable Local Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee violating Section 1shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the Project shall be subject to disciplinary action, aboveincluding discharge, and any such employee will if justifiably discharged for the above reasons, shall not be eligible for rehire under this Agreement on the Project for a period of up to 120 not less than ninety (90) days.
Section 3. The Neither the Union nor its applicable Local Union shall take all steps necessary to obtain immediate compliance with this Article but shall not be held liable for conduct acts of employees for which whom it is not responsible.
(a) If the Contractor contends that any Union has violated this Article, Article X, Section 4 or Article XIX, Section 3, it will notify in writing the International President(s) of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCIno responsibility. The International Union General President or Presidents will immediately instruct, instruct order and use the best efforts of his his/her office to cause the Local Union(s) Union or Unions to cease any violation violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union.
(b) If . The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his/her office to cause the employees the Local Union contends that represents to cease any Contractor has violated violations of this Article, . A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it will notify represents. The failure of the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures exercise its right in any instance shall not be deemed a waiver of Section 5. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or its right in any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstancesother instance.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during the term of If any Party to this Agreement. Any Union or Local Union which initiates or participates in PLA believes a work stoppage in violation of this Articlearticle has occurred, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees that Party may submit their claim as a remedy grievance under Article 7, Step 4, for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5expedited arbitration. Any party, including the Owner, whom the parties agree is a party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in lieu of or in addition to any other contractual procedure or any action at law or equity, when a breach of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX is alleged:
(a) A party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification of the arbitrator on behalf of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator shall be by the most expeditious means available, with notices to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receipt.
(b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after the notice to the International President(s) required by Section 3, above.
(c) The arbitrator shall notify the parties of the place and time chosen 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 of evidence or the issuance of any award by the arbitrator.
(d) The sole issue at the arbitration hearing shall be whether or not a violation of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of for such violation or, except as expressly provided by Section 5(h) of this Article, to award damages, which issue is reserved for court proceedings, if anyviolation. The arbitrator’s award shall be issued in writing within three (3) 24 hours after the close of the hearing, and may be issued without an opinion. If any party 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 the Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and 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. Written 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 5(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 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) The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Article.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.fifteen
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There 7.1 During the term of this PLA, no Union or any of its members, officers, stewards, employees, agents or representatives shall be no strikesinstigate, sympathy strikessupport, sanction, maintain, or participate in any strike, picketing, walkout, work stoppagesstoppage, slowdowns slow down or other disruptive activity for that interferes with the routine and timely prosecution of work at the Project site or at any reason (including disputes relating other contractor's or supplier's facility that is necessary to the negotiation or renegotiation performance of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies work at the Project site) by the Union(s) or employees . Hand billing at or affecting the Project site during the designated lunch period and before commencement or against following conclusion of the established standard workday shall not, in itself, be deemed an activity that interferes with the routine and timely prosecution of work on the Project.
7.2 Should any Contractor covered under this Agreement at this Project site and there shall be no lockout activity prohibited by the Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the Project construction site is a violation paragraph 7.1 of this Article.
Section 2. The Contractor may discharge any employee violating Section 1Article occur, above, and any such employee will not be eligible for rehire under this Agreement for a period of up to 120 days. The the Union shall take undertake all steps reasonably necessary to obtain immediate compliance with this Article but shall not be held liable for conduct for which it is not responsiblepromptly end such prohibited activities.
(a) If No Union complying with its obligations under this Article shall be liable for acts of employees for which it has no responsibility or for the Contractor contends that unauthorized acts of employees it represents. Any employee who participates or encourages any Union activity prohibited by paragraph 7.1 shall be immediately suspended from all work on the Project for a period equal to the greater of (a) 60 days; or (b) the maximum disciplinary period allowed under the applicable collective bargaining agreement for engaging in comparable unauthorized or prohibited activity.
(b) Neither the PLA Committee nor its affiliates shall be liable for acts of employees for which it has violated this Article, Article X, Section 4 no responsibility. The principal officer or Article XIX, Section 3, it will notify in writing the International President(s) officers of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCI. The International President or Presidents PLA Committee will immediately instruct, order and use the best efforts of his office to cause the Local Union(s) affiliated Union or Unions to cease any violation violations of this Article. An International The PLA Committee in its compliance with this obligation shall not liable for acts of its affiliates. The principal officer or officers of any involved affiliate will immediately instruct, order or use the best effort of his office to cause the employees the Union represents to cease any violations of this Article. A Union complying with this obligation shall not be liable for unauthorized acts of its Local Union.
(b) If the Union contends that any Contractor has violated this Article, employees it will notify represents. The failure of the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures exercise its rights in any instance shall not be deemed a waiver of Section 5its rights in any other instance. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during During the term of this PLA, the Prime Contractor and its Subcontractors shall not engage in any lockout at the Project site of employees covered by this Agreement. Any .
7.3 Upon notification of violations of this Article, the principal officer or officers of the local area Building and Construction Trades Council, and the Illinois AFL-CIO Statewide Project Labor Agreement Committee as appropriate, will immediately instruct, order and use their best efforts to cause the affiliated Union or Local Union which initiates or participates Unions to cease any violations of this Article. A Trades Council and the Committee otherwise in a work stoppage compliance with the obligations under this paragraph shall not be liable for unauthorized acts of its affiliates.
7.4 In the event that activities in violation of this ArticleArticle are not immediately halted through the efforts of the parties, or which recognizes or supports any aggrieved party may invoke the work stoppage of another Union or Local Union which is special arbitration provisions set forth in violation paragraph 7.5 of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5. Any party7.5 Upon written notice to the other involved parties by the most expeditious means available, including the Owner, whom the parties agree is a any aggrieved party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in lieu special arbitration procedurewhen abreech of or in addition to any other contractual procedure or any action at law or equity, when a breach of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX is alleged:
(a) A The party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be individual designated as the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification Permanent Arbitrator pursuant to paragraph 6.8 of the arbitrator on behalf nature of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator alleged violation; such notice shall be by the most expeditious means available, with notices possible. The initiating party may also furnish such additional factual information as may be reasonably necessary for the Permanent Arbitrator to understand the relevant circumstances. Copies of any written materials provided to the arbitrator shall also be contemporaneously provided by the most expeditious means possible to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receiptall other involved parties.
(b) Upon receipt of said notice, notice the arbitrator named above or his/her alternate Permanent Arbitrator shall sit set and hold a hearing within twenty-twenty- four (24) hours if it is contended that the violation still existsis ongoing, but not sooner than before twenty-four (24) hours after the written notice to the International President(s) all parties involved as required by Section 3, above.
(c) The arbitrator Permanent Arbitrator shall notify the parties by facsimile or any other effective written means, of the place and time chosen by the Permanent Arbitrator for the this 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 hearing shall not delay the hearing of evidence or the issuance of any award an Award by the arbitratorPermanent Arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1this Article has, abovein fact, Section 4 of Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, to award damages, which issue is reserved for court proceedings, if any. The award An Award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an a written opinion. If any party desires an a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator Permanent Arbitrator may order cessation of the violation of the Article and other appropriate reliefthis Article, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement the Award and all such other relevant documents referred to hereinabove in the following manneras may be required. Written Facsimile or other hardcopy written notice of the filing of such enforcement proceedings shall be given to the other partyrelevant parties. In the a proceeding to obtain a temporary order enforcing the arbitratorPermanent Arbitrator's Award as issued under Section 5(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 courtCourt's order or orders enforcing the arbitratorPermanent Arbitrator's award Award shall be served on all parties by hand or by delivery to their last known address or by registered mail.
(f) 7.6 Individuals found to have violated the provisions of this Article are subject to immediate termination. In addition, CDB reserves the right to terminate this PLA as to any party found to have violated the provisions of this Article.
7.7 Any rights created by statute statue or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto therewith are hereby waived by the parties to whom they accrue.
(g) 7.8 The fees and expenses of the arbitrator Permanent Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article Xfound in violation, or Section 3 of Article XIXin the event no violation is found, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work such fees and expenses shall be borne by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Articlemoving party.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There 7.1 During the term of this PLA, no Union or any of its members, officers, stewards, employees, agents or representatives shall be no strikesinstigate, sympathy strikessupport, sanction, maintain, or participate in any strike, picketing, walkout, work stoppagesstoppage, slowdowns slow down or other disruptive activity for that interferes with the routine and timely prosecution of work at the Project site or at any reason (including disputes relating other contractor's or supplier's facility that is necessary to the negotiation or renegotiation performance of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies work at the Project site) by the Union(s) or employees . Hand billing at or affecting the Project site during the designated lunch period and before commencement or against following conclusion of the established standard workday shall not, in itself, be deemed an activity that interferes with the routine and timely prosecution of work on the Project.
7.2 Should any Contractor covered under this Agreement at this Project site and there shall be no lockout activity prohibited by the Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the Project construction site is a violation paragraph 7.1 of this Article.
Section 2. The Contractor may discharge any employee violating Section 1Article occur, above, and any such employee will not be eligible for rehire under this Agreement for a period of up to 120 days. The the Union shall take undertake all steps reasonably necessary to obtain immediate compliance with this Article but shall not be held liable for conduct for which it is not responsiblepromptly end such prohibited activities.
(a) If No Union complying with its obligations under this Article shall be liable for acts of employees for which it has no responsibility or for the Contractor contends that unauthorized acts of employees it represents. Any employee who participates or encourages any Union activity prohibited by paragraph 7.1 shall be immediately suspended from all work on the Project for a period equal to the greater of (a) 60 days; or (b) the maximum disciplinary period allowed under the applicable collective bargaining agreement for engaging in comparable unauthorized or prohibited activity.
(b) Neither the PLA Committee nor its affiliates shall be liable for acts of employees for which it has violated this Article, Article X, Section 4 no responsibility. The principal officer or Article XIX, Section 3, it will notify in writing the International President(s) officers of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCI. The International President or Presidents PLA Committee will immediately instruct, order and use the best efforts of his office to cause the Local Union(s) affiliated Union or Unions to cease any violation violations of this Article. An International The PLA Committee in its compliance with this obligation shall not liable for acts of its affiliates. The principal officer or officers of any involved affiliate will immediately instruct, order or use the best effort of his office to cause the employees the Union represents to cease any violations of this Article. A Union complying with this obligation shall not be liable for unauthorized acts of its Local Union.
(b) If the Union contends that any Contractor has violated this Article, employees it will notify represents. The failure of the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures exercise its rights in any instance shall not be deemed a waiver of Section 5its rights in any other instance. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during During the term of this PLA, the Prime Contractor and its Subcontractors shall not engage in any lockout at the Project site of employees covered by this Agreement. Any .
7.3 Upon notification of violations of this Article, the principal officer or officers of the local area Building and Construction Trades Council, and the Illinois AFL-CIO Statewide Project Labor Agreement Committee as appropriate, will immediately instruct, order and use their best efforts to cause the affiliated Union or Local Union which initiates or participates Unions to cease any violations of this Article. A Trades Council and the Committee otherwise in a work stoppage compliance with the obligations under this paragraph shall not be liable for unauthorized acts of its affiliates.
7.4 In the event that activities in violation of this ArticleArticle are not immediately halted through the efforts of the parties, or which recognizes or supports any aggrieved party may invoke the work stoppage of another Union or Local Union which is special arbitration provisions set forth in violation paragraph 7.5 of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5. Any party7.5 Upon written notice to the other involved parties by the most expeditious means available, including the Owner, whom the parties agree is a any aggrieved party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in lieu of or in addition to any other contractual special arbitration procedure or any action at law or equity, when a breach breech of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX is alleged:
(a) A The party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be individual designated as the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification Permanent Arbitrator pursuant to paragraph 6.8 of the arbitrator on behalf nature of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator alleged violation; such notice shall be by the most expeditious means available, with notices possible. The initiating party may also furnish such additional factual information as may be reasonably necessary for the Permanent Arbitrator to understand the relevant circumstances. Copies of any written materials provided to the arbitrator shall also be contemporaneously provided by the most expeditious means possible to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receiptall other involved parties.
(b) Upon receipt of said notice, notice the arbitrator named above or his/her alternate Permanent Arbitrator shall sit set and hold a hearing within twenty-twenty- four (24) hours if it is contended that the violation still existsis ongoing, but not sooner than before twenty-four (24) hours after the written notice to the International President(s) all parties involved as required by Section 3, above.
(c) The arbitrator Permanent Arbitrator shall notify the parties by facsimile or any other effective written means, of the place and time chosen by the Permanent Arbitrator for the this 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 hearing shall not delay the hearing of evidence or the issuance of any award an Award by the arbitratorPermanent Arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1this Article has, abovein fact, Section 4 of Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, to award damages, which issue is reserved for court proceedings, if any. The award An Award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an a written opinion. If any party desires an a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator Permanent Arbitrator may order cessation of the violation of the Article and other appropriate reliefthis Article, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement the Award and all such other relevant documents referred to hereinabove in the following manneras may be required. Written Facsimile or other hardcopy written notice of the filing of such enforcement proceedings shall be given to the other partyrelevant parties. In the a proceeding to obtain a temporary order enforcing the arbitratorPermanent Arbitrator's Award as issued under Section 5(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 courtCourt's order or orders enforcing the arbitratorPermanent Arbitrator's award Award shall be served on all parties by hand or by delivery to their last known address or by registered mail.
(f) 7.6 Individuals found to have violated the provisions of this Article are subject to immediate termination. In addition, CDB reserves the right to terminate this PLA as to any party found to have violated the provisions of this Article.
7.7 Any rights created by statute statue or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto therewith are hereby waived by the parties to whom they accrue.
(g) 7.8 The fees and expenses of the arbitrator Permanent Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article Xfound in violation, or Section 3 of Article XIXin the event no violation is found, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work such fees and expenses shall be borne by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Articlemoving party.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There 11.1 During the term of this Agreement there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason (including disputes relating to the negotiation or renegotiation of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies at the Project site) by the Union(s) ECIBCTC, its affiliates or employees at or affecting the Project site or against by any Contractor covered under this Agreement at this Project site employee and there shall be no lockout by the Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the Project construction project site is a violation of this Article.
Section 211.2 The ECIBCTC and its affiliates shall not sanction, aid or abet, encourage or continue any work stoppages, picketing or other disruptive activity and will not make any attempt of any kind to dissuade others from making deliveries to or performing services for or otherwise doing business with the Contractor at the project site. The Contractor may discharge Should any of these prohibited activities occur the Union will take the necessary action to end such prohibited activities.
11.3 No employee violating Section 1shall engage in any activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project shall be subject to disciplinary action, aboveincluding discharge, and any such employee will if justifiably discharged for the above reasons, shall not be eligible for rehire under this Agreement on the same project for a period of up to 120 not less than ninety (90) days. The Union .
11.4 Neither the ECIBCTC nor its affiliates shall take all steps necessary to obtain immediate compliance with this Article but shall not be held liable for conduct acts of employees for which it is not responsible.
(a) If the Contractor contends that any Union has violated this Article, Article X, Section 4 no responsibility. The principal officer or Article XIX, Section 3, it will notify in writing the International President(s) officers of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCI. The International President or Presidents ECIBCTC will immediately instruct, instruct order and use the best efforts of his office to cause the Local Union(s) affiliated union or unions to cease any violation violations of this Article. An International Union The ECIBCTC in its compliance with this obligation shall not be liable for unauthorized acts of its affiliates. The principal officer or officers of any involved affiliate will immediately instruct, order or use the best effort of his office to cause the employees the union represents to cease any violations of this Article. A union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its Local Unionright in any instance shall not be deemed a waiver of its right in any other instance.
(b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 5. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during the term of this Agreement. Any Union or Local Union which initiates or participates in a work stoppage in violation of this Article, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5. Any party, including the Owner, whom the parties agree is a party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in 11.5 In lieu of or in addition to any other contractual procedure or any action at law or equity, any party shall institute the following procedure when a breach of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX is alleged:; after all involved parties have been notified.
(a) A The party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who an individual to be mutually agreed upon; whom the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she he shall appoint an his alternate. Invocation of this procedure and notification of the arbitrator on behalf of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator shall be by the most expeditious means available, with notices notice by service with delivery confirmation to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receiptall involved parties.
(b) Upon receipt of said notice, notice the arbitrator named above or his/her alternate shall sit set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, exist but not sooner than before twenty-four (24) hours after the service with delivery confirmation notice to the International President(s) all parties involved as required by Section 3, above.
(c) The arbitrator Arbitrator shall notify the parties by service with delivery confirmation of the place and time he has chosen for the this 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 hearing shall not delay the hearing of evidence or the issuance of any award an Award by the arbitratorArbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, to award damages, which issue is reserved for court proceedings, if any. The award Award shall be issued in writing within three (3) hours after the close of the hearing, hearing and may be issued without an opinionOpinion. If any party desires an opinionOpinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator Arbitrator may order cessation of the violation of the Article and other appropriate reliefthis Article, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and Award may be enforced by any court of competent jurisdiction upon the filing of this the Agreement and all other relevant documents referred to hereinabove in the following manner. Written notice by service with delivery confirmation of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the arbitratorArbitrator's Award as issued under Section 5(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 courtCourt's order or orders enforcing the arbitratorArbitrator's award Award shall be served on all parties by hand or by delivery to their last known address or by registered mailservice with delivery confirmation.
(f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto therewith are hereby waived by the parties to whom they accrue.
(g) The fees and expenses of the arbitrator Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent.
(h) If found in violation. In the Arbitrator determines event that a no violation of Section 1is found, above, Section 4 of Article X, or Section 3 of Article XIX, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work such fees and expenses shall be borne by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Articlemoving party.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.
Appears in 2 contracts
Samples: Construction Agreement, Construction Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There 13.1 During the term of this Agreement there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns or slow downs are other disruptive activity for any reason (including disputes relating to the negotiation or renegotiation of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies at the Project site) by the Union(s) PLA Committee, its affiliates or employees at or affecting the Project site or against by any Contractor covered under this Agreement at this Project site employee and there shall be no lockout by the Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the Project construction project site is a violation of this Article.
Section 213.2 The PLA Committee and its affiliates shall not sanction, aid or abet, encourage or continue any work stoppage, picketing or other disruptive activity and will not make any attempt of any kind to dissuade others from making deliveries to or performing services for or otherwise doing business with the Contractor at the project site. The Contractor may discharge Should any of these prohibited activities occur the Union will take the necessary action to end such prohibited activities.
13.3 No employee violating Section 1shall engage in any activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the project shall be subject to disciplinary action, aboveincluding discharge, and any such employee will if justifiably discharged for the above reasons, shall not be eligible for rehire under this Agreement on the same project for a period of up to 120 not less than ninety (90) days. The Union .
13.4 Neither the PLA Committee or its affiliates, shall take all steps necessary to obtain immediate compliance with this Article but shall not be held liable for conduct acts of employees for which it is has not responsible.
(a) If the Contractor contends that any Union has violated this Article, Article X, Section 4 responsibility. The principal officer or Article XIX, Section 3, it will notify in writing the International President(s) officers of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCI. The International President or Presidents PLA Committee will immediately instruct, order and use the best efforts of his office to cause the Local Union(s) affiliated union or unions to cease any violation violations of this Article. An International Union The PLA Committee in its compliance with this obligation shall not be liable for unauthorized acts of its affiliates. The principal officer or officers of any involved affiliate will immediately instruct, order or use the best effort of his office to cause the employees the union represents to cease any violations of this Article. A union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its Local Unionright in any instance shall not be deemed a waiver of its right in any other instance.
(b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 5. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during the term of this Agreement. Any Union or Local Union which initiates or participates in a work stoppage in violation of this Article, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5. Any party, including the Owner, whom the parties agree is a party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in 13.5 In lieu of or in addition to any other contractual procedure or any action at law or equity, any party shall institute the following procedure when a breach breech of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX is alleged:, after all involved parties have been notified of the fact.
(a) A The party invoking this procedure shall notify Xxxxxx XxXxxan individual to be mutually agreed upon, Esq., who whom the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she he shall appoint an his alternate. Invocation of this procedure and notification of the arbitrator on behalf of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator shall be by the most expeditious means available, with notices notice by telegram or any effective written means to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receiptall involved parties.
(b) Upon receipt of said notice, notice the arbitrator named above or his/her alternate shall sit set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, exists but not sooner than before twenty-four (24) hours after the telegraph notice to the International President(s) all parties involved as required by Section 3, above.
(c) The arbitrator Arbitrator shall notify the parties by telegram or any other effective written means, of the place and time he has chosen for the this 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 hearing shall not delay the hearing of evidence or the issuance of any award an Award by the arbitratorArbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, to award damages, which issue is reserved for court proceedings, if any. The award Award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinionOpinion. If any party desires an opinionOpinion, one shall be issued within fifteen (15) days, but its issuance insurance shall not delay compliance with, or enforcement of, the Award. The arbitrator Arbitrator may order cessation of the violation of the Article and other appropriate reliefthis Article, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and Award may be enforced by any court of competent jurisdiction upon the filing of this the Agreement and all other relevant documents referred to hereinabove herein above in the following manner. Written Telegraphic 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 Arbitrator’s Award as issued under Section 5(d) 13.5 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parteexparte. Such agreement does not waive any party's ’s right to participate in a hearing for a final order of enforcement. The court's Court’s order or orders enforcing the arbitrator's award 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 statue or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto therewith are hereby waived by the parties to whom they accrue.
(g) The fees and expenses of the arbitrator Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article Xfound in violation, or Section 3 of Article XIXin the event no violation is found, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work such fees and expenses shall be borne by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Articlemoving party.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.
Appears in 2 contracts
Samples: Standard Project Labor Agreement, Standard Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There 7.1 During the term of this PLA, no Union or any of its members, officers, stewards, employees, agents or representatives shall be no strikesinstigate, sympathy strikessupport, sanction, maintain, or participate in any strike, picketing, walkout, work stoppagesstoppage, slowdowns slow down or other disruptive activity for that interferes with the routine and timely prosecution of work at the Project site or at any reason (including disputes relating other contractor's or supplier's facility that is necessary to the negotiation or renegotiation performance of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies work at the Project site) by the Union(s) or employees . Hand billing at or affecting the Project site during the designated lunch period and before commencement or against following conclusion of the established standard workday shall not, in itself, be deemed an activity that interferes with the routine and timely prosecution of work on the Project.
7.2 Should any Contractor covered under this Agreement at this Project site and there shall be no lockout activity prohibited by the Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the Project construction site is a violation paragraph 7.1 of this Article.
Section 2. The Contractor may discharge any employee violating Section 1Article occur, above, and any such employee will not be eligible for rehire under this Agreement for a period of up to 120 days. The the Union shall take undertake all steps reasonably necessary to obtain immediate compliance with this Article but shall not be held liable for conduct for which it is not responsiblepromptly end such prohibited activities.
(a) If No Union complying with its obligations under this Article shall be liable for acts of employees for which it has no responsibility or for the Contractor contends that unauthorized acts of employees it represents. Any employee who participates or encourages any Union activity prohibited by paragraph 7.1 shall be immediately suspended from all work on the Project for a period equal to the greater of (a) 60 days; or (b) the maximum disciplinary period allowed under the applicable collective bargaining agreement for engaging in comparable unauthorized or prohibited activity.
(b) Neither the PLA Committee nor its affiliates shall be liable for acts of employees for which it has violated this Article, Article X, Section 4 no responsibility. The principal officer or Article XIX, Section 3, it will notify in writing the International President(s) officers of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCI. The International President or Presidents PLA Committee will immediately instruct, order and use the best efforts of his office to cause the Local Union(s) affiliated union or unions to cease any violation violations of this Article. An International Union The PLA Committee in its compliance with this obligation shall not liable for acts of its affiliates. The principal officer or officers of any involved affiliate will immediately instruct, order or use the best effort of his office to cause the employees the union represents to cease any violations of this Article. A union complying with this obligation shall not be liable for unauthorized acts of its Local Union.
(b) If the Union contends that any Contractor has violated this Article, employees it will notify represents. The failure of the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures exercise its rights in any instance shall not be deemed a waiver of Section 5its rights in any other instance. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during During the term of this PLA, the Prime Contractor and its Subcontractors shall not engage in any lockout at the Project site of employees covered by this Agreement.
7.3 Upon notification of violations of this Article, the principal officer or officers of the local area Building and Construction Trades Council, and the Illinois AFL-CIO Statewide Project Labor Agreement Committee as appropriate, will immediately instruct, order and use their best efforts to cause the affiliated union or unions to cease any violations of this Article. Any Union or Local Union which initiates or participates A Trades Council and the Committee otherwise in a work stoppage compliance with the obligations under this paragraph shall not be liable for unauthorized acts of its affiliates.
7.4 In the event that activities in violation of this ArticleArticle are not immediately halted through the efforts of the parties, or which recognizes or supports any aggrieved party may invoke the work stoppage of another Union or Local Union which is special arbitration provisions set forth in violation paragraph 7.5 of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5. Any party7.5 Upon written notice to the other involved parties by the most expeditious means available, including the Owner, whom the parties agree is a any aggrieved party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in lieu of or in addition to any other contractual special arbitration procedure or any action at law or equity, when a breach breech of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX is alleged:
(a) A The party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be individual designated as the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification Permanent Arbitrator pursuant to paragraph 6.8 of the arbitrator on behalf nature of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator alleged violation; such notice shall be by the most expeditious means available, with notices possible. The initiating party may also furnish such additional factual information as may be reasonably necessary for the Permanent Arbitrator to understand the relevant circumstances. Copies of any written materials provided to the arbitrator shall also be contemporaneously provided by the most expeditious means possible to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receiptall other involved parties.
(b) Upon receipt of said notice, notice the arbitrator named above or his/her alternate Permanent Arbitrator shall sit set and hold a hearing within twenty-twenty- four (24) hours if it is contended that the violation still existsis ongoing, but not sooner than before twenty-four (24) hours after the written notice to the International President(s) all parties involved as required by Section 3, above.
(c) The arbitrator Permanent Arbitrator shall notify the parties by facsimile or any other effective written means, of the place and time chosen by the Permanent Arbitrator for the this 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 hearing shall not delay the hearing of evidence or the issuance of any award an Award by the arbitratorPermanent Arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1this Article has, abovein fact, Section 4 of Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, to award damages, which issue is reserved for court proceedings, if any. The award An Award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an a written opinion. If any party desires an a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator Permanent Arbitrator may order cessation of the violation of the Article and other appropriate reliefthis Article, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement the Award and all such other relevant documents referred to hereinabove in the following manneras may be required. Written Facsimile or other hardcopy written notice of the filing of such enforcement proceedings shall be given to the other partyrelevant parties. In the a proceeding to obtain a temporary order enforcing the arbitratorPermanent Arbitrator's Award as issued under Section 5(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 courtCourt's order or orders enforcing the arbitratorPermanent Arbitrator's award Award shall be served on all parties by hand or by delivery to their last known address or by registered mail.
(f) 7.6 Individuals found to have violated the provisions of this Article are subject to immediate termination. In addition, CDB reserves the right to terminate this PLA as to any party found to have violated the provisions of this Article.
7.7 Any rights created by statute statue or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto therewith are hereby waived by the parties to whom they accrue.
(g) 7.8 The fees and expenses of the arbitrator Permanent Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article Xfound in violation, or Section 3 of Article XIXin the event no violation is found, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work such fees and expenses shall be borne by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Articlemoving party.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There During the term of this PLA there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason (including disputes relating to the negotiation or renegotiation of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies at the Project site) by the Union(s) Union, its applicable Local Union or employees at or affecting the Project site or against by any Contractor covered under this Agreement at this Project site employee, and there shall be no lockout by the ContractorContractor on Covered Projects. Failure of any Union, Local Union or employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the Covered Project construction site is a violation of this Article.
Section 2. The Contractor may discharge Union and its applicable Local Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor's Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee violating Section 1shall engage in activities which violate this At1icle. Any employee who participates in or encourages any activities which interfere with the normal operation of the Project shall be subject to disciplinary action, aboveincluding discharge, and any such employee will if justifiably discharged for the above reasons, shall not be eligible for rehire under this Agreement on the Project for a period of up to 120 not less than ninety (90) days.
Section 3. The Neither the Union nor its applicable Local Union shall take all steps necessary to obtain immediate compliance with this Article but shall not be held liable for conduct acts of employees for which whom it is not responsible.
(a) If the Contractor contends that any Union has violated this Article, Article X, Section 4 or Article XIX, Section 3, it will notify in writing the International President(s) of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCIno responsibility. The International Union General President or Presidents will immediately instruct, instmct order and use the best efforts of his his/her office to cause the Local Union(s) Union or Unions to cease any violation violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union.
(b) If . The principal officer or officers of a Local Union will immediately instmct, order and use the best efforts of his/her office to cause the employees the Local Union contends that represents to cease any Contractor has violated violations of this Article, . A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it will notify represents. The failure of the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures exercise its right in any instance shall not be deemed a waiver of Section 5. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or its right in any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstancesother instance.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during the term of If any Party to this Agreement. Any Union or Local Union which initiates or participates in PLA believes a work stoppage in violation of this Articleaiiicle has occurred, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees that Party may submit their claim as a remedy grievance under A1iicle 7, Step 4, for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5expedited arbitration. Any party, including the Owner, whom the parties agree is a party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in lieu of or in addition to any other contractual procedure or any action at law or equity, when a breach of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX is alleged:
(a) A party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification of the arbitrator on behalf of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator shall be by the most expeditious means available, with notices to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receipt.
(b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after the notice to the International President(s) required by Section 3, above.
(c) The arbitrator shall notify the parties of the place and time chosen 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 of evidence or the issuance of any award by the arbitrator.
(d) The sole issue at the arbitration hearing shall be whether or not a violation of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of for such violation or, except as expressly provided by Section 5(h) of this Article, to award damages, which issue is reserved for court proceedings, if anyviolation. The arbitrator's award shall be issued in writing within three (3) 24 hours after the close of the hearing, and may be issued without an opinion. If any party 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 the Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and 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. Written 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 5(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 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) The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Article.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.fifteen
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There 7.1 During the term of this PLA, no Union or any of its members, officers, stewards, employees, agents or representatives shall be no strikesinstigate, sympathy strikessupport, sanction, maintain, or participate in any strike, picketing, walkout, work stoppagesstoppage, slowdowns slow down or other disruptive activity for that interferes with the routine and timely prosecution of work at the Project site or at any reason (including disputes relating other contractor’s or supplier’s facility that is necessary to the negotiation or renegotiation performance of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies work at the Project site) by the Union(s) or employees . Hand billing at or affecting the Project site during the designated lunch period and before commencement or against following conclusion of the established standard work day shall not, in itself, be deemed an activity that interferes with the routine and timely prosecution of work on the Project.
7.2 Should any Contractor covered activity prohibited by paragraph 7.1 of this Article occur, the Union shall undertake all steps reasonably necessary to promptly end such prohibited activities. No Union complying with its obligations under this Agreement at this Project site and there Article shall be liable for acts of employees for which it has no lockout responsibility or for the unauthorized acts of employees it represents. Any employee who participates in or encourages any activity prohibited by paragraph 7.1 shall be immediately suspended from all work on the Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non- signatory Project for a period equal to the Agreementgreater of (a) sixty (60) days; or (b) the maximum disciplinary period allowed under the applicable collective bargaining agreement for engaging in comparable unauthorized or prohibited activity.
7.3 During the term of this PLA, or by the Prime Contractor and its Subcontractors shall not engage in any other organization or individual lockout at the Project construction site is a violation of employees covered by this Agreement.
7.4 Upon notification of violations of this Article.
Section 2. The Contractor may discharge any employee violating Section 1, above, and any such employee will not be eligible for rehire under this Agreement for a period of up to 120 days. The Union shall take all steps necessary to obtain immediate compliance with this Article but shall not be held liable for conduct for which it is not responsible.
(a) If the Contractor contends that any Union has violated this Article, Article X, Section 4 principal officer or Article XIX, Section 3, it will notify in writing the International President(s) officers of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the local area Building and Construction Trades DepartmentCouncil, and to DSI/PCI. The International President or Presidents the Illinois AFL-CIO Statewide Project Labor Agreement Committee as appropriate, will immediately instruct, order and use the their best efforts of his office to cause the Local Union(s) affiliated Union or Unions to cease any violation violations of this Article. An International Union complying A Trades Council and the Committee otherwise in compliance with the obligations under this obligation paragraph shall not be liable for unauthorized acts of its Local Unionaffiliates.
(b) If 7.5 In the Union contends event that any Contractor has violated this Article, it will notify the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 5. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during the term of this Agreement. Any Union or Local Union which initiates or participates in a work stoppage activities in violation of this ArticleArticle are not immediately halted through the efforts of the parties, or which recognizes or supports any aggrieved party may invoke the work stoppage of another Union or Local Union which is special arbitration provisions set forth in violation paragraph 7.6 of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5. Any party, including the Owner, whom the parties agree is a party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in lieu of or in addition to any other contractual procedure or any action at law or equity, when a breach of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX is alleged:
(a) A party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification of the arbitrator on behalf of Contractor parties shall be made by DSI/PCI. Notice 7.6 Upon written notice to the arbitrator shall be other involved parties by the most expeditious means available, with notices to any aggrieved party may institute the party alleged to be in violation and to the Council if it is following special arbitration procedure when a Union alleged to be in violation. For purposes breach of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receipt.
(b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it Article is contended that the violation still exists, but not sooner than twenty-four (24) hours after the notice to the International President(s) required by Section 3, above.
(c) The arbitrator shall notify the parties of the place and time chosen 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 of evidence or the issuance of any award by the arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, 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 the Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and 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. Written 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 5(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 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) The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Article.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.alleged:
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 17.1. There Unions and Employers agree that during the term of this Agreement, there shall be no strikes, sympathy strikes, picketing, hand billing (where the hand billing relates to the Project or Employer), work stoppages, slowdowns slow-downs, interference with the work or other jobsite disruptive activity for any reason (including disputes relating to the negotiation or renegotiation of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies at the Project site) by the Union(s) Union or employees at or affecting the Project site or against by any Contractor covered under this Agreement at this Project site employee and there shall be no lockout by the ContractorEmployer at the job site of the Project or at any other facility of the BCHD because of a dispute. Failure of any the Union or any employee to cross any picket line established by any Union, signatory or non- signatory to the Agreement, or by any other organization or individual at the Project construction site is a violation of this Article.
Section 27.2. The Contractor may discharge Union shall not sanction aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee violating Section 1shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the Project shall be subject to disciplinary action, aboveincluding discharge, and any such employee will if justifiably discharged for the above reasons, shall not be eligible for rehire under this Agreement on the same project for a period of up to 120 not less than ninety (90) days.
7.3. The Union shall take all steps necessary to obtain immediate compliance with this Article but Unions shall not be held liable for conduct acts of employees for which it is not responsible.
(a) If the Contractor contends that any Union has violated this Article, Article X, Section 4 or Article XIX, Section 3, it will notify in writing the International President(s) no responsibility. The Business Manager of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCI. The International President or Presidents local Union will immediately instruct, order and use the best efforts of his or her office to cause the Local Union(s) Union to cease any violation violations of this Article. An International The Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Employer to exercise its Local Unionright in any instances shall not be deemed a waiver of its right in any other instance.
(b7.4. The Employer(s) If shall not cause, incite, encourage or participate in any Lockout of its employees during the Union contends that any Contractor has violated this Article, it will notify the Contractor and DSI/PCI setting forth the facts which the Union contends violate term of the Agreement. The term “Lockout” refers only to an Employer’s exclusion of employees in order to secure a collective bargaining advantage, at least twenty-four (24) hours prior to invoking the procedures of Section 5. It is agreed by the parties that the term "lockout" for purposes of this Agreement and does not include refer to the discharge, termination termination, or layoff of employees by the ContractorEmployer(s) for any reason in the exercise of its rights as set forth in other provisions of the Agreement, nor does it the term include the contractor's BCHD’s decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstancesreason other than a labor dispute.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during the term of this Agreement. Any Union or Local Union which initiates or participates in a work stoppage in violation of this Article, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5. Any party, including the Owner, whom the parties agree is a party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in lieu of or in addition to any other contractual procedure or any action at law or equity, when a breach of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX is alleged:
(a) A party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification of the arbitrator on behalf of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator shall be by the most expeditious means available, with notices to the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receipt.
(b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after the notice to the International President(s) required by Section 3, above.
(c) The arbitrator shall notify the parties of the place and time chosen 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 of evidence or the issuance of any award by the arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, 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 the Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance.
(e) Such award shall be final and binding on all parties and 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. Written 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 5(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 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) The fees and expenses of the arbitrator shall be equally divided between the moving party or parties and the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article X, or Section 3 of Article XIX, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Article.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.
Appears in 1 contract
Samples: Project Labor Agreement
WORK STOPPAGES AND LOCKOUTS. Section 1. There 13.1 During the term of this Agreement there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns slow downs or other disruptive activity for any reason (including disputes relating to the negotiation or renegotiation of the local collective bargaining agreements which serve as the basis for the Schedule As or disputes directed at non-construction services companies at the Project site) by the Union(s) signatory local unions or employees at or affecting the Project site or against by any Contractor covered under this Agreement at this Project site employee and there shall be no lockout by the Contractor. Failure .
13.2 The signatory local unions shall not sanction, aid or abet, encourage or continue any work stoppage, picketing or other disruptive activity and will not make any attempt of any Union kind to dissuade others from making deliveries to or employee to cross any picket line established by any Union, signatory performing services for or non- signatory to otherwise doing business with the Agreement, or by any other organization or individual Contractor at the Project construction site is a violation project site. Should any of these prohibited activities occur, the Union will take the necessary action to end such prohibited activities.
13.3 No employee shall engage in any activities, which violate this Article.
Section 2. The Contractor may Any employee who participates in or encourages any activities which interfere with the normal operation of the project shall be subject to disciplinary action, including discharge any employee violating Section 1and if justifiably discharged for the above reasons, above, and any such employee will shall not be eligible for rehire under this Agreement on the same project for a period of up to 120 not less than ninety (90) days. .
13.4 The Union shall take all steps necessary to obtain immediate compliance with this Article but signatory local unions shall not be held liable for conduct acts of employees for which it is not responsible.
(a) If the Contractor contends that any Union has violated this Article, Article X, Section 4 no responsibility. The principal officer or Article XIX, Section 3, it will notify in writing the International President(s) officers of the Union(s) involved, advising him of the fact, with copies of such notice to the Local Union(s) involved, to the Building Trades Council and to the Building and Construction Trades Department, and to DSI/PCI. The International President or Presidents NWIBCTC will immediately instruct, instruct order and use the best efforts of his office to cause the Local Union(s) affiliated union or unions to cease any violation violations of this Article. An International Union The NWIBCTC in its compliance with this obligation shall not be liable for unauthorized acts of its affiliates. The principal officer or officers of any involved affiliate will immediately instruct, order or use the best effort of his office to cause the employees the union represents to cease any violations of this Article. A union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its Local Unionright in any instance shall not be deemed a waiver of its right in any other instance.
(b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and DSI/PCI setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 5. It is agreed by the parties that the term "lockout" for purposes of this Agreement does not include discharge, termination or layoff of employees by the Contractor, nor does it include the contractor's decision to terminate or suspend work on the Project or any portion thereof for any reason, provided the Union is given thirty (30) days notice. This provision will not affect the contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances.
Section 4. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the project site during the term of this Agreement. Any Union or Local Union which initiates or participates in a work stoppage in violation of this Article, or which recognizes or supports the work stoppage of another Union or Local Union which is in violation of this Article, agrees as a remedy for said violation, to pay liquidated damages in accordance with Section 5(h).
Section 5. Any party, including the Owner, whom the parties agree is a party in interest for purposes of this Article, or DSI/PCI, may institute the following procedure, in 13.5 In lieu of or in addition to any other contractual procedure or any action at law or equity, any party shall institute the following procedure when a breach of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX is alleged:, after all involved parties have been notified of the fact.
(a) A The parties to this Agreement will select a permanent Arbitrator to hear and decide disputes arising under this Article. In the event the Arbitrator so selected is unavailable to hear a particular dispute, an Arbitrator will be selected through the American Arbitration Association’s Procedures for Expedited Arbitration.
(b) The party invoking this procedure shall notify Xxxxxx XxXxx, Esq., who the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, he/she shall appoint an alternate. Invocation of this procedure and notification Arbitrator of the arbitrator on behalf of Contractor parties shall be made by DSI/PCI. Notice to the arbitrator shall be by the most expeditious means available, with notices to dispute and will also notify the party alleged to be in violation and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by, facsimile, hand delivery or overnight mail but will be deemed effective upon receiptall other involved parties.
(bc) Upon receipt of said notice, notice the arbitrator named above or his/her alternate Arbitrator shall sit set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after the notice to the International President(s) required by Section 3, above.
(c) The arbitrator shall notify the parties of the place and time chosen for the hearingas expeditiously as possible. 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 hearing shall not delay the hearing of evidence or the issuance of any award an Award by the arbitratorArbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Section 1, above, Section 4 of this Article X, or Section 3 of Article XIX, has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or, except as expressly provided by Section 5(h) of this Article, to award damages, which issue is reserved for court proceedings, if any. The award Award shall be issued in writing within three (3) hours days after the close of the hearing, hearing and may be issued without an opinionOpinion. If any party desires an opinionOpinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator Arbitrator may order cessation of the violation of the 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 shall be final and binding on all parties and 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 mannerjurisdiction. Written notice 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 5(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 by registered mail.
(f) Any rights created by statute statue or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto therewith are hereby waived by the parties to whom they accrue.
(gf) The fees and expenses of the arbitrator Arbitrator shall be equally divided between the moving party or parties and borne by the party or parties respondent.
(h) If the Arbitrator determines that a violation of Section 1, above, Section 4 of Article Xfound in violation, or Section 3 of Article XIXin the event no violation is found, has occurred in accordance with Section 5(d) above, the Union(s) shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work such fees and expenses shall be borne by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) has not complied with Section 2 of this Article, then the Union(s) shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the arbitrator, for each subsequent shift thereafter on which the trade has not returned to work. If the Arbitrator determines that a lockout has occurred in violation of Section 1, and the Contractor does not return the locked-out employees to work within eight (8) hours of the Contractor’s receipt of the Award, then the Contractor shall be required to pay liquidated damages to the Owner in an amount not less than $10,000, or more than $25,000, at the discretion of the Arbitrator, and will be assessed an additional amount of not less than $10,000 and up to $25,000, at the discretion of the Arbitrator, for each subsequent shift thereafter on which the employees have not been returned to work. The Arbitrator is empowered to award back pay to the employees who were locked out. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 2 of this Articlemoving party.
Section 6. Procedures contained in Article IX shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article IX to determine whether or not he was engaged in that violation and what remedy should be assessed.
Section 7. DSI/PCI is a party in interest in all proceedings arising under this Article and Articles IX and X and shall be sent contemporaneous copies of all notifications required under these articles, and, at its option, may initiate or participate as a full party in any proceeding initiated under these articles.
Appears in 1 contract
Samples: Construction Project Labor Agreement (Blackhawk Biofuels, LLC)
