Common use of WORK STOPPAGES AND LOCKOUTS Clause in Contracts

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slowdowns, sympathy actions or any other disruptive activities directed at or in connection with Covered Work for any reason by the Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union or employee to cross any picket line established at the site of Covered Work is a violation of this Article. The Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the site of Covered Work and shall undertake all possible means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations of the Covered Work shall be subject to disciplinary action, including discharge. The Union shall not be liable for acts of employees for which it has no responsibility. In lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is alleged: (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx 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 shall appoint his alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram to the party alleged to be in violation and the involved International Union President. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telegraphic notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties and the party or parties respondent.

WORK STOPPAGES AND LOCKOUTS. Section 20-1. During the term of this Agreement, Agreement there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdownsslow downs, sympathy actions interference with the work or any other disruptive activities directed at or in connection with Covered Work activity for any reason by the Union, its applicable local Union or by any employee, employee and there shall be no lockout by the ContractorEmployer. Failure of any Union Union, local union or employee to cross any picket line established at the Employer’s project site of Covered Work is a violation of this Article. Section 20-2. The Union and its applicable local union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the Employer’s project site of Covered Work and shall undertake all possible reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations operation of the Covered Work project shall be subject to disciplinary action, including discharge. The Union , and if justifiably discharged for the above reasons, shall not be eligible for rehire on the same project for a period of not less than ninety (90) days. Section 20-3. Neither the Union nor its applicable local union shall be liable for acts of employees for which it has no responsibility. In lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is alleged: (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx 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 shall appoint his alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram to the party alleged to be in violation and the involved International Union President. (bGeneral President(s) Upon receipt will immediately instruct, order and use the best efforts of said notice, his or her office to cause the Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24local union(s) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of to cease any party to parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telegraphic notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) violations of this Article, all parties waive the right to a hearing and agree that such proceedings may . An International Union complying with this obligation shall not be ex parte. Such agreement does not waive any party’s right to participate in a hearing liable for a final order unauthorized acts of enforcementits local union. The court’s principal officer or officers of a local union will immediately instruct, order and use the best efforts of his or orders enforcing her office to cause the Arbitrator’s Award shall be served on all parties by hand or by delivery employees the local union represents to their last known address or by registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) The fees and expenses cease any violations of the Arbitrator Article. A local union complying with this obligation shall not be divided equally between liable for unauthorized acts of employees it represents. The failure of the moving parties and the party or parties respondentEmployer to exercise its right in any instances shall not be deemed a waiver of its right in any other instance.

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there Section 1. There shall be no strikes, picketing, work stoppages, slowdowns, sympathy actions or any other disruptive activities directed at or in connection with Covered Work activity for any reason (including but not limited to disputes relating to the negotiation or renegotiation of the local collective bargaining agreements that serve as the basis for the Schedule A’s, economic strikes, unfair labor practices strikes, safety strikes, sympathy strikes, and jurisdictional strikes) by the Union or by employees working under this Agreement against any employeeContractor covered under this Agreement on the Project, and there shall be no lockout by the any Contractor. Failure of any Union or employee employed under this Agreement to cross any picket line established by any Union, signatory or non-signatory to this Agreement, or by any other organization or individual, where such picket line is directed at the site Project or a Contractor or employer working on the Project, resulting in the failure of Covered one or more employees employed under this Agreement to engage in Project Work as directed by his/her Contractor or other disruption of Project Work, is a violation of this Article. The Prime Contractor and the Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the site of Covered Work take all steps necessary to obtain compliance with this Article and shall undertake all possible means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations of the Covered Work neither shall be subject to disciplinary action, including discharge. The Union shall not be held liable for acts of employees conduct for which it is not responsible. (a) If a Contractor contends that any Union has no responsibilityviolated this Article, Section 3 of Article VIII, or the provisions of Article XIX, Section 4, it will notify in writing the Secretary- Treasurer of the Council, the Senior Executive of the involved Union(s), and the Prime Contractor. In The Secretary-Treasurer and the leadership of the involved Union(s) will immediately instruct, order, and use their best efforts to cause the cessation of any violation of this Article. (b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Prime Contractor setting forth the facts that the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 4. The Prime Contractor shall promptly order the involved Contractor(s) to cease any violation of this Article. Section 3. Any party to this Agreement may institute the following procedure, in lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of paragraphs Section 1, 2above, and/or or Section 3 of this Article VIII is alleged: (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who Xxxxxx, whom the parties agree shall be the permanent Arbitrator arbitrator under this procedure. In the event that the permanent Arbitrator arbitrator is unavailable at any time, Xxxx Xxxxx shall be appointed the alternate, or, if he is unavailable, he shall appoint his an alternate. Notice to the Arbitrator arbitrator shall be by the most expeditious means available, with notice by telegram notices to the party party(ies) alleged to be in violation and to the involved International Council if it is a Union Presidentalleged to be in violation. For purposes of this Article, written notice may be given by telegram, facsimile, hand delivery, or overnight mail and will be deemed effective upon receipt. (b) Upon receipt of said notice, the Arbitrator arbitrator named above or his alternate shall set 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 notice has been dispatched to the Council’s Secretary-Treasurer and the Senior Executive(s) as required by Section 2(a), above. (c) The Arbitrator arbitrator shall notify the parties by telegram of the place and time he has chosen for 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 to or parties to attend said hearing hearings shall not delay the hearing of evidence or the issuance of an any award by the Arbitratorarbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs Section 1, 2 and/or above, or of Section 3 of this Article has, VIII has in fact, occurred and the Arbitrator fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation explanation, or mitigation of such violation or to award damages. Any damages (except as set forth in Section 6, below) which issue concerning damages is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing hearing, and may be issued without an 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 of, the Awardaward. The Arbitrator arbitrator may order cessation of the violation of this the Article and other appropriate relief, and such Award award shall be served on all parties by hand or registered mail upon issuance. (e) Such Award 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 herein above in the following manner. Telegraphic Written notice of the filing of such enforcement proceedings shall be given to the other party. In the any judicial proceeding to obtain an a temporary order enforcing the Arbitratorarbitrator’s Award award as issued under paragraph Section 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the Arbitratorarbitrator’s Award award shall be served on all parties by hand or by delivery to their last known address as shown on this Agreement or in Schedule A’s (for a Union), as shown on their business contract for work under this Agreement (for a contractor), and to the representing Union (for an employee), by registered mailcertified mail by the party(ies) first alleging the violation. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith hereto are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator arbitrator shall be equally divided equally between the moving parties and the party or parties respondentinitiating this procedure and the respondent party or parties. Section 4. MHDC is a party in interest in all proceedings arising under this Article and Articles VII and VIII and its designated representative shall be sent contemporaneous copies of all notifications required by these Articles. Section 5. If the arbitrator determines in accordance with Section 3(d) above that a work stoppage has occurred, the respondent Union shall, within eight (8) hours of receipt of the award, direct all the employees it represents on the Project to return immediately to work. If the craft involved does not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt of the arbitrator’s award, and the respondent Union has not complied with its obligation immediately to instruct, order, and use its best efforts to cause a cessation of the violation and a return to work of the employees it represents, then the respondent Union shall pay a sum as liquidated damages to the Contractor, and shall pay an additional sum per shift for each shift thereafter on which the craft has not returned to work. Similarly, if the arbitrator determines in accordance with Section 3(d) above that a lockout has occurred, the respondent Contractor shall, within eight (8) hours of receipt of the award, return all of the affected employees to work on the Project, or otherwise correct the violation as found by the arbitrator. If the respondent Contractor does not take such action by the beginning of the next regularly scheduled shift following the eight (8) hour period, the respondent Contractor shall pay a sum as liquidated damages to the affected Union(s) (to be apportioned among the affected employees and the benefit funds to which contributions are made on their behalf, as appropriate and designated by the arbitrator) and shall pay an additional sum per shift thereafter in which compliance by the respondent Contractor has not been completed. The arbitrator shall retain jurisdiction to determine compliance with this Section and to establish the appropriate sum of liquidated damages, which shall not be less than ten thousand dollars ($10,000.00) nor more than twenty-five thousand dollars ($25,000.00) for each shift.

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there SECTION 1 There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, sympathy actions slowdowns or any other disruptive activities directed at or in connection with Covered Work activity for any reason by the Union or by employees against any employeeContractor covered under this Agreement, 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, or any other organizations, at or in proximity to the Project site of Covered Work is a violation of this Article. The Union It shall not sanctionbe a violation of this Article for the Union, aid or abet, encourage or continue any after forty-eight hours’ notice to the General Contractor/Construction Manager to direct the employees of a contractor to engage in a work stoppage, slowdown, sympathy action, strike, stoppage where such contractor has refused to pay the wages and/or fringe benefits provided in Article XII. Such a work stoppage shall not include picketing or other disruptive activity at otherwise disrupt work on the site of Covered Work Project and shall undertake all possible means to prevent or to terminate cease upon payment. SECTION 2 The Contractor may discharge any employee violating Section 1 of this Article, above, and any such activity. No employee shall engage in activities which violate will not be eligible for referral under this Article. Any employee who participates in or encourages any activities which interfere with Agreement for a period of ninety working days from the normal operations date of the Covered Work shall be subject to disciplinary action, including his discharge. The Contractor and the Union shall not take all steps necessary to obtain compliance with this Article, and neither shall be held liable for acts of employees conduct for which it has no responsibilityis not responsible. In SECTION 3 Any party, including the General Contractor/Construction Manager may institute the following procedure in lieu of of, or in addition to to, any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 Section 1 of this Article Article, above, is alleged: (a) The A party invoking this procedure shall notify Xxxxxx Xxxxx Xxxxxx or Xxxx Xxxxx who Xxxxxxx Xxxxxxxxx, the parties agree shall be act as the permanent Arbitrator arbitrators on a rotating basis under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice procedure notice to the Arbitrator arbitrator shall be by the most expeditious means availabletelephone and fax with notices by telephone, with notice by telegram fax, and United Parcel Service Overnight Express Mail to the party alleged to be in violation and the involved International Union Presidentviolation. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall set sit and hold a hearing within twenty-four (24) hours if it is contended that the violation violations still existsexist. (c) The Arbitrator shall notify the parties by telegram telephone and fax of the place and time he has chosen for this hearing. Said hearing shall be completed in one session, with appropriate recesses at the arbitrator's discretion, and shall not exceed twenty-four hours unless otherwise agreed upon by all parties. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or the issuance of an any award by the Arbitratorarbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 Section 1 of this Article hasArticle, above, has in factfact occurred, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation violations or to award damages. Any , which issue concerning damages 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 of, the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance.be (e) Such Award may be enforced by any court Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telegraphic Telephonic and fax notice of the filing of such enforcement proceedings proceeding shall be given to the other partyparties. In the proceeding to obtain an a temporary order enforcing the Arbitrator’s 's Award as issued under paragraph 4(dSection 3(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 's right to participate in a the hearing for a final order of enforcement. The court’s Court's order or orders enforcing the Arbitrator’s 's Award shall be served on all parties by hand or by delivery be delivered to their last known address or by registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith hereto are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be equally divided equally between the moving party or parties and the party or parties parties’ respondent. (h) It is the responsibility of each Union, Contractor and subcontractor to keep on file with the General Contractor/Construction Manager an address or operating fax number to which notices under this Article may be sent. Any Union, Contractor or sub-contractor failing to do so hereby waives its right to claim that it did not receive proper or timely notice of any action taken by any party or Arbitrator pursuant to this Article.

WORK STOPPAGES AND LOCKOUTS. Section 6.1 During the term of this Agreement, the WSIPLA there shall will be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, sympathy actions interference with the work or any other disruptive activities directed at or in connection with Covered Work activity for any reason by the Union, its applicable Local Union or by any employee, employee and there shall be no lockout by the Contractor. Failure Signatory unions and employees shall refuse to honor picket lines or any work stoppages at the Contractor’s project site. In the event of any Union strike, sympathy strike, picketing, work stoppage, slowdowns, interference with the work or employee other disruptive activities, the Contractor may suspend all or any portion of the project work affected by such activity without penalty. Section 6.2 Withholding employees, but not picketing, for failure of a Contractor(s) to cross any picket line established at the site of Covered Work tender trust fund contributions as required in accordance with Article IX and/or for failure to meet its weekly payroll is not a violation of this Article; however, the Union shall give the affected Contractor, Project Manager and the SFPUC written notice no less than five working days prior to the withholding of employees. Should a Contractor performing work on this Project be delinquent in the payment of Trust Fund contributions required under this Agreement with respect to employees represented by the Union, the Union may request that the General Contractor issue joint checks payable to the Contractor and the appropriate employee benefit Trust Fund(s) until such delinquencies are satisfied. Any Trust Fund claiming that a Contractor is delinquent in its fringe benefit contributions to the funds will provide written notice of the alleged delinquency to the affected Contractor, with copies to the General Contractor, the Project Manager and the SFPUC. The notice will indicate the amount of delinquency asserted and the period that the delinquency covers. It is agreed, however, with respect to contractors delinquent in trust or benefit contribution payments, that nothing in this Agreement shall affect normal contract remedies available under the local collective bargaining agreements and/or Trust Agreements. Each General Contractor and subcontractor shall be required to certify in writing that it has paid all wage and benefit contributions due and owing prior to receipt of its final payment and/or retention. Further, upon timely notification by a Union to either: (a) the General Contractor (in the case of a delinquent subcontractor); or (b) the SFPUC (in the case of a delinquent General Contractor); the General Contractor or the SFPUC shall work with the subcontractor or General Contractor, respectively, that is delinquent in payments of benefit contributions or wages to assure that proper wage and benefit payments are made. The General Contractor or the SFPUC may withhold otherwise due payments owed the delinquent subcontractor or General Contractor until such payments have been made or otherwise guaranteed. Section 6.3 The International Union and its applicable Local Union shall not sanctionaid, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the Contractor’s project site of Covered Work and shall undertake take all possible reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which that violate this Articlearticle. Any employee who that participates in or encourages any such activities which interfere with the normal operations of the Covered Work shall will be subject to disciplinary action, including discharge. The . Section 6.4 Neither the International Union nor its applicable Local Union shall not be liable for the acts of employees for over which it has no responsibility. The International Union will immediately instruct, order and use the best efforts of its office to cause the Local Union(s) to cease any violations of this article. An International Union complying with this article will not be liable for the unauthorized acts of its Local Union. The principal officer or officers of the Local Union shall immediately instruct, order and use the best efforts of its office to cause the employees the Local Union represents to cease any violations of this article. A Local Union complying with these obligations will not be liable for the unauthorized acts of employees it represents. The failure of a Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. Section 6.5 In lieu of of, or in addition to to, any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, party may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is alleged:, after the International Union and/or Local Union have been notified of the fact. (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the parties agree shall be Xxx Xxxxxx, the permanent Arbitrator agreed upon under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he the party invoking this procedure shall appoint his alternatenotify Xxxxxxx Xxxxx, the permanent alternate Arbitrator agreed upon under this procedure. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram electronic means or any other effective written means, to the party alleged to be in violation and the involved International Union Presidentparties involved. (b) Upon receipt of said notice, the permanent Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram electronic means or any other effective written means, of the place and time he has chosen for this such hearing. Said hearing shall take place within 24 hours of notice to the Arbitrator and shall be completed in one sessionsession unless the SFPUC and the affected parties agree on a longer period of time. A failure of Failure by any party to or parties to attend said such hearing shall not delay the hearing of evidence or and issuance of an award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if anyhas occurred. The issuance of award shall be issued in writing within three (3) hours after of the close of the hearing and may be issued without an opiniona written Opinion. If any party desires an opiniona written Opinion, one shall will be issued within fifteen (15) days, but its issuance shall not delay compliance with, with or enforcement of the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate reliefArticle, and such Award shall be served on issued to all parties either by hand or registered mail upon issuance. (e) Such Award may be enforced by any in a court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telegraphic Facsimile notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an a temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) of this ArticleAward, all parties waive the right to a hearing and agree that such proceedings hearings 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 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 hearings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they which such rights accrue. (g) . The fees and expenses of the Arbitrator shall be divided borne equally between by the moving parties and involved in the dispute. g) If the Arbitrator determines that a violation of Section 6.1 above has been committed by a Union or a Contractor, the party or parties respondentfound in violation shall pay as liquidated damages in amount not less than $10,000, or more than $25,000, at the discretion of the arbitrator, for each shift where the craft has not returned to work, or where the Contractor has not ceased its lockout. The decision of the Arbitrator shall be final and binding on the parties. The Arbitrator shall determine whether the specified damages in this Section shall be paid to the SFPUC or to the affected Contractor or to the affected Union, as the case may be. The Arbitrator shall retain jurisdiction to determine compliance with Sections 6.4 and 6.5 of this Article. h) The procedures contained in Sections 6.4 through 6.4(g) shall be applicable to alleged violations of this Article. Disputes alleging violation of any other provision of the WSIPLA, including any underlying disputes alleged to be in justification, explanation or mitigation of this Article, shall be resolved under the grievance procedure or jurisdictional dispute procedure of this Agreement.

WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement, there the Union, its officers, and agents, and employees covered by this Agreement shall be no not engage in, authorize, cause, assist, or ratify any strikes, picketing, work stoppages, slowdowns, sympathy actions or any other disruptive activities directed at or in connection interference with Covered Work for any reason work either by the Union or by any an employee, and there shall be no lockout by the Contractor. Section 2. Failure The failure of any Union or employee to cross any a lawful picket line established at the site of Covered Work is shall not be deemed to be a violation of this Article. The Union shall not sanction, aid failure of any employee to cross an unlawful picket line established at any of the Employer's facilities or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity sponsor locations at the site time of Covered Work a blood drive is a violation of this Article provided that such employees need not cross where they both believe and have reasonable cause to believe that their personal safety would be endangered thereby. Wherever a mobile unit encounters a picket line established at a mobile unit site, and no Supervisor is present, the Charge shall undertake all possible means seek permission to prevent cross the picket line from the striker's representative or leader at the site. If permission is granted, the operation shall take place as scheduled. If permission is denied, this shall be reported to terminate any such activitythe Director of Collections, who shall determine whether the operation shall be moved or cancelled. Section 3. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations of the Covered Work violates this Article shall be subject to disciplinary action, action up to and including discharge. Section 4. In the event of an employee’s refusal to cross any picket line, the Employer may use volunteers and other employees to do the work involved. Section 5. The Union shall not be liable for acts sanction, aid or abet, encourage, ratify or continue any strike, picketing, work stoppage or slowdown, or other concerted activity interfering with work at any Employer facility or mobile site by any member or members of employees for which it has no responsibility. In lieu of the bargaining unit and shall undertake reasonable means to discourage or in addition to terminate any other action at law or equity, any partysuch activity, including advising employees and/or union officers or agents at the Project Contractor, who the parties agree is a beneficiary site of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is alleged: (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the parties agree shall be the permanent Arbitrator under this procedure. In the event such activity that the permanent Arbitrator work stoppage or other activity is unavailable at any time, he shall appoint his alternate. Notice to the Arbitrator shall be prohibited by the most expeditious means available, with notice by telegram to the party alleged to be in violation and the involved International Union President. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate reliefAgreement, and directing the participants to discontinue such Award shall be served on all parties by hand or registered mail upon issuanceactivity and return to work. (e) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telegraphic notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties and the party or parties respondent.

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there (a) There shall be no strikes, picketing, work stoppages, slowdowns, sympathy actions or any other disruptive activities directed at or in connection with Covered Work for any reason activity affecting the normal progression of the job by the Union unions or employees against any contractor covered under this Agreement or lockout of them while this Agreement is in effect; nor shall there by any activity undertaken by any party to this Agreement or by any employeeemployee covered by it which stops, disrupts or slows down work covered by this Agreement or the operations of Xxxx Disney World Co., its subsidiaries or affiliates. This does not prohibit legal activity directed at construction work or contractors not covered by this Agreement unless a result of such activity is that prohibited above. The Contractor may discharge any employee violating this provision (a) or (b) and there any such employee will not be eligible for referral under this Agreement for a period of ninety (90) working days from the date of their discharge. The Contractor and the Unions shall take all steps necessary to obtain compliance with this Article and neither shall be no lockout by held liable for conduct for which it is not responsible. If the ContractorContractor contends that any Union has violated this section, it will facsimile the International President(s) of the Local Union(s) involved advising them of that fact. The International President or Presidents will immediately instruct, order and use the best efforts of their office to cause the Local Union or Unions to cease any violation of this section. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. (b) Failure of any Union or employee to cross any picket line established at the site of Covered Work Xxxx Disney World Resort is a violation of this Article. The Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the site of Covered Work and shall undertake all possible means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Agreement. (c) Any employee who participates in or encourages any activities which interfere with the normal operations of the Covered Work shall be subject to disciplinary action, including discharge. The Union shall not be liable for acts of employees for which it has no responsibility. In lieu of or in addition to any other action at law or equity, any party, including the Project ContractorXxxx Disney World Co., who the whom parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure procedure, in lieu of or in addition to any other action at law or equity, when a breach of paragraphs 1, 2, paragraph (a) and/or 3 of this Article (b) is alleged: (a) 1. The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who Xxxxxxx, 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 shall appoint his alternateproceeding. Notice to the Arbitrator shall be by the most expeditious means available, with a notice by telegram facsimile to the party alleged to be in violation and a notice by facsimile to the involved International Union PresidentCentral Florida Building Trades Administrator for Xxxx Disney World and the Central Florida Building and Construction Trades Council. (b) 2. Upon receipt of said notice, notice the Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not before twenty-four (24) hours after the facsimile notice to the International President required by paragraph (a) above. (c) 3. The Arbitrator shall notify the parties by telegram facsimile of the place and time he has chosen for this hearing. Said hearing shall be completed in one session, with appropriate recesses at the Arbitrator's discretion. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or issuance of an any award by the Arbitrator. (d) 4. The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, (a) or (b) has in fact, fact occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any , which issue concerning damages is reserved for court proceedings, if any. The 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 of, the Awardaward. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award award shall be served on all parties by hand or registered mail upon issuance. (e) 5. Such Award award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove herein and above in the following manner. Telegraphic Facsimile notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an a temporary order enforcing the Arbitrator’s Award 's award as issued under paragraph 4(d(4) 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 '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 's award shall be served on all parties by hand or by delivery to their last known address or by registered mail. (f) 6. Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith thereof are hereby waived by the parties to whom they accrue. (g) 7. The fees and expenses of the Arbitrator shall be divided equally between the moving party or parties and the party or parties respondent. (d) The procedures contained in Article VIII shall not be applicable to any alleged violation of Article VII, with the single exception that any employee discharged for violation of paragraphs (a) and/or (b) above may resort to the procedures of Article VIII to determine only if he was, in fact, engaged in that violation. (e) Recognizing that the delays and disruptions resulting from the violation of (a) and/or (b) cause monetary loss to the owner; but in recognition of the difficulty of accurately ascertaining such damages resulting from any breach of this Article, the sum of $1,000 per day or part thereof (counted in twenty-four (24) hour periods from the start of any breach of this Article) shall be paid to Xxxx Disney World Co. as liquidated damages by each Local Union held to have violated (a) and/or (b) pursuant to the procedure established in (c) above. The obligation of any Local Union to pay such liquidated damages may be enforced in any court of competent jurisdiction upon the filing of this Agreement and the Arbitrator's award holding such Local Union to have violated (a) and/or (b) and for the purposes of such enforcement proceeding, the Arbitrator's award shall be conclusive evidence that the Local Union violated this Article.

WORK STOPPAGES AND LOCKOUTS. 22.1 During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slowdownsslowdowns or other disruption of work, including sympathy actions or any other disruptive activities directed at or in connection with Covered Work strikes, for any reason by the Union or by any employeeassociate, and there shall be no lockout by the ContractorCompany. 22.2 No associate shall engage in activities which violate this article. Failure of Any associate who participates in or encourages any Union or employee such activities shall be subject to cross any picket line established at the site of Covered Work is a violation of this Article. immediate disciplinary action, including discharge. 22.3 The Union shall not sanction, aid or abet, encourage encourage, condone, ratify or continue any strike, picketing, work stoppage, slowdown, sympathy action, strike, picketing or other activity disruptive activity of work in violation of the Agreement at the site of Covered Work any Company facility and shall shall, without delay, undertake all possible means to prevent or to terminate any such activity. No employee shall engage . 22.4 In the event of an allegation of a sympathy strike action in activities which violate this Article. Any employee who participates in violation of Sections 1 or encourages any activities which interfere with the normal operations 3 of the Covered Work shall be subject to disciplinary action, including discharge. The Union shall not be liable for acts of employees for which it has no responsibility. In lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, either party may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is allegedprocedure: (a) The aggrieved party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the parties agree shall not be the permanent Arbitrator under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice required to resort to the Arbitrator shall be grievance or arbitration procedures of this Agreement. Rather, the aggrieved party may institute a special arbitration proceeding regarding such violation by the most expeditious means available, with written notice by telegram to the other party alleged and to be in violation the Federal Mediation and the involved International Union President. (b) Conciliation Service. Upon receipt of said written notice, the Arbitrator named above or his alternate Federal Mediation and Conciliation Service shall set and hold immediately appoint an arbitrator who is a hearing member of the National Academy of Arbitrators to hear the matter within twenty-four (24) hours if it is contended that after their appointment. The fee and other expenses of the violation still existsarbitrator in this regard shall be shared equally by the Company and the Union. b) Within twenty-four (c24) The Arbitrator hours of their appointment, the arbitrator shall notify the parties by telegram written notice of the place and time he has they have chosen for this the hearing. Said hearing shall be completed in one session. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitratorhearing. (dc) The sole issue at the hearing shall be whether or not a sympathy strike action in violation of paragraphs 1, 2 and/or Sections 1 or 3 of this Article has, in fact, hereof has occurred and the Arbitrator or is occurring. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation. If the arbitrator does in fact find a violation, they shall issue a cease-and-desist order with respect to such violation and order such other relief as they may deem appropriate to terminate such violation promptly. d) The award shall be served on all parties to this Agreement by hand or to award damages. Any issue concerning damages is reserved for court proceedingsregistered mail upon issuance by the arbitrator and shall be final and binding upon the Company, if anythe Union and the associates. 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 of, the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuanceaward. (e) Such Award 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 mannerhere and above. Telegraphic Prompt written notice of the filing initiation of such enforcement proceedings proceeding shall be given to the other party. In the proceeding . 22.5 The procedures contained in Section 4 hereof shall be applicable only to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) alleged sympathy strike actions alleged to be in violation of Sections 1 or 3 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mailarticle. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties and the party or parties respondent.

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there 4.1 There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, sympathy actions sickouts, handbilling or any other disruptive activities directed at or in connection with Covered Work activity for any reason (including but not limited to disputes relating to the negotiation or renegotiation of applicable MLAs, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes, and jurisdictional strikes or disputes) by the Union Union, or by any employee, and there shall be no lockout by the Contractor. Failure of any Union or employee to cross any picket line established at the Project site of Covered Work is a violation of this Article. . 4.2 The Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the Covered Project site of Covered Work and shall undertake all possible reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations operation of the Covered Work Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project. If any union is notified of any offsite work stoppage, strike, picketing or other disruptive act1v1ty by the Union that will economically and/or materially affect the completion of the Project, the Union will promptly make good faith efforts to cease such Project work disruption 4.3 The Union shall not be liable for independent acts of employees for which whom it has no responsibility. The principal officer or officers ofa Union will immediately instruct, order and use their best efforts of their office to cause the employees they represent to cease any violations of this Article. A Union complying with this obligation within two business days of its knowledge of or receipt of notice of such independent acts ofemployees shall not be liable for unauthorized acts of employees it represents. The failure of the Employer to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. 4.4 If an MLA, local, regional, and other applicable labor agreements expire during the term of this Agreement, it is specifically agreed that there shall be no strike, sympathy strike, picketing, lockout, slowdown, withholding ofwork, refusal to work, walk-off: sick-out, sit-down, stand-in, wobble, boycott or other work stoppage, disruption, advising of the public that a labor dispute exists, or other impairment of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at any Covered Project and/or failure ofthe parties to that agreement to reach a new contract. Otherwise to the extent that such a local, regional, or other applicable labor agreement does expire and the parties to that agreement have failed to reach agreement on a new contract, work will continue on the Project on one of the following two bases, both of which will be offered by the Unions involved to the Employers affected: 4.4.1 Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contracts may each propose wage rates and employer contribution rates to employee benefit funds different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union's interim agreement offered to Employers will be no less favorable to the Employer than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Los Angeles County. 4.4.2 Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds if the Employers affected by that contract agree to the following retroactivity provisions: if a new MLA for the union having jurisdiction at the Project is ratified and if such new MLA provides for retroactive wage or fringe benefit contribution increases, then each affected Employer shall pay to its employees (and the respective trust funds for hours worked by employees) who performed work covered by the Agreement at the Project during the hiatus between the effective dates ofsuch labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new local, regional or other applicable agreement for such increase to go into effect, for each employee's hours worked on the Project during the retroactive period. All parties agree that such affected Employer shall be solely responsible for any retroactive payment to its employees and that neither the County nor any other Employer has any obligation, responsibility or liability whatsoever for any such retroactive payments or collection of any such retroactive payments, from any such Employer. 4.4.3 Some Employers may elect to continue to work on the Project under the terms ofthe interim agreement option offered under 4.4.1 above and other Employers may elect to continue to work on the Project under the retroactivity option offered under 4.4.2 above. To decide between the two options, Employers will be given one (1) week after the particular MLA has expired or one week after the Union has personally delivered to the Employer in writing its specific offer of terms ofthe interim agreement pursuant to 4.4.1 above, whichever is the later date. If the Employer fails to timely select one of the two options, the Employer shall be deemed to have selected the option of 4.4.2. 4.5 Expedited arbitration will be utilized for all grievances alleging violations of this Article. In lieu of or in addition to any other action at law or equity, any party, including the County, Prime Contractor and the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this ArticleLabor Coordinator, may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 or violation of this Article is allegedalleged to have occurred: 4.5.1 If the County or Employer contends that any Union has violated this Article, it will serve written notification upon the Business Manager of the Union(s) involved, advising him of the fact, with copies ofsuch notice to the Prime Contractor, and the Project Labor Coordinator. The Business Manager(s) will immediately instruct, order and use the best efforts of her or his office to cause any violation of this Article to cease. 4.5.2 If the County or Union contends that any Employer has violated this Article, it will notify the Employer, Prime Contractor, and the Project Labor Coordinator, setting forth the facts which the Union contends violates this Article, at least twenty-four (a24) hours prior to invoking the expedited arbitration procedures contained in this Article. 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 Employer in the normal course of its business, nor does it include the Employer's decision to terminate or suspend work on the Project or any portion thereof for operational or special circumstances. 4.5.3 The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the parties agree shall be Project Labor Coordinator to select the permanent Arbitrator under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram to the party alleged to be arbitrator next in violation and the involved International Union President. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in sequence from the following mannerlist: 1. Telegraphic notice of the filing of such enforcement proceedings shall be given to the other partyXxxxx Xxxxxx 2. In the proceeding to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parteXxxx Xxxxx 3. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcementXxxxxx Xxxxxxxxx 4. The court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mail.Xxxx Xxxxx (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue.5. Xxxxxx Xxxxxxx (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties and the party or parties respondent.6. Xxxxxxx Xxxxxxxxx

WORK STOPPAGES AND LOCKOUTS. 5.1 During the term of this Agreement, Agreement there shall be no strikes, picketing, work stoppages, slowdowns, sympathy actions slow downs or any other disruptive activities directed at or in connection with Covered Work activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the Project site of Covered Work is a violation of this Article. Section. 5.2 The Union and its applicable Local Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the Contractor’s Project site of Covered Work and shall undertake all possible reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this ArticleSection, including interfering with anyone performing services for or otherwise do business with a Contractor. Any employee who participates in or encourages any activities which interfere with the normal operations operation of the Covered Work Project shall be subject to disciplinary action, including discharge. The Union , and if justifiably discharged for the above reasons, shall not be liable eligible for acts rehire on the Project for a period of employees for which it has no responsibility. not less than ninety 5.3 In lieu of of, or in addition to to, any other action under the Agreement, at law or equity, any party, including the Project ContractorOwner, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is alleged: (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx the Project Labor Administrator 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 the permanent Arbitrator shall appoint his an alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram telephone, facsimile or expedited mail to the party alleged to be in violation and the involved International Union PresidentCouncil. (b) Upon receipt of said notice, the Arbitrator named above or his the appointed alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram telegram, facsimile, or telephone of the place and time he the Arbitrator has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, Agreement has in fact, fact occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages 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 of, the Award. The Arbitrator may order cessation of the violation of this Article Agreement and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove hereinafter in the following manner. Telegraphic Facsimile or expedited mail or personal notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an a temporary order enforcing the Arbitrator’s Award 's award as issued under paragraph 4(d(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 's right to participate in a hearing for a final order of enforcement. The court’s 's order or orders enforcing the Arbitrator’s Award 's award shall be served on all parties by hand or by delivery to their last known address or by expedited or registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties party and the party respondent. The procedures contained in the above paragraphs shall be applicable only to alleged violations of this Article and shall be the exclusive procedure for determining such alleged violations. Disputes alleging violations of any other provision of this Agreement, including any underlying disputes alleged to be in justification, explanation or parties respondentmitigation of any violations of this Article, shall be resolved under the grievance arbitration procedures of Article 6. 5.4 The procedures contained in Article 6 shall not be applicable to any alleged violation of this Article, with the single exception that any employee discharged for violation of 5.1 or 5.2, above, may resort to the procedures of Article 6 to determine only if the employee was, in fact, engaged in a violation of this Article.

WORK STOPPAGES AND LOCKOUTS. 22.1 During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slowdownsslowdowns or other disruption of work, including sympathy actions or any other disruptive activities directed at or in connection with Covered Work strikes, for any reason by the Union or by any employeeassociate, and there shall be no lockout by the ContractorCompany. 22.2 No associate shall engage in activities which violate this article. Failure of Any associate who participates in or encourages any Union or employee such activities shall be subject to cross any picket line established at the site of Covered Work is a violation of this Article. immediate disciplinary action, including discharge. 22.3 The Union shall not sanction, aid or abet, encourage encourage, condone, ratify or continue any strike, picketing, work stoppage, slowdown, sympathy action, strike, picketing or other activity disruptive activity of work in violation of the Agreement at the site of Covered Work any Company facility and shall shall, without delay, undertake all possible means to prevent or to terminate any such activity. No employee shall engage . 22.4 In the event of an allegation of a sympathy strike action in activities which violate this Article. Any employee who participates in violation of Sections 1 or encourages any activities which interfere with the normal operations 3 of the Covered Work shall be subject to disciplinary action, including discharge. The Union shall not be liable for acts of employees for which it has no responsibility. In lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, either party may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is allegedprocedure: (a) The aggrieved party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the parties agree shall not be the permanent Arbitrator under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice required to resort to the Arbitrator shall be grievance or arbitration procedures of this Agreement. Rather, the aggrieved party may institute a special arbitration proceeding regarding such violation by the most expeditious means available, with written notice by telegram to the other party alleged and to be in violation the Federal Mediation and the involved International Union President. (b) Conciliation Service. Upon receipt of said written notice, the Arbitrator named above or his alternate Federal Mediation and Conciliation Service shall set and hold immediately appoint an arbitrator who is a hearing member of the National Academy of Arbitrators to hear the matter within twenty-four (24) hours if it is contended that after his appointment. The fee and other expenses of the violation still existsarbitrator in this regard shall be shared equally by the Company and the Union. b) Within twenty-four (c24) The Arbitrator hours of his appointment, the arbitrator shall notify the parties by telegram written notice of the place and time he has chosen for this the hearing. Said hearing shall be completed in one session. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitratorhearing. (dc) The sole issue at the hearing shall be whether or not a sympathy strike action in violation of paragraphs 1, 2 and/or Sections 1 or 3 of this Article has, in fact, hereof has occurred and the Arbitrator or is occurring. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation. If the arbitrator does in fact find a violation, he shall issue a cease and desist order with respect to such violation and order such other relief as he may deem appropriate to terminate such violation promptly. d) The award shall be served on all parties to this Agreement by hand or to award damages. Any issue concerning damages is reserved for court proceedingsregistered mail upon issuance by the arbitrator and shall be final and binding upon the Company, if anythe Union and the associates. 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 of, the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuanceaward. (e) Such Award 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 mannerhere and above. Telegraphic Prompt written notice of the filing initiation of such enforcement proceedings proceeding shall be given to the other party. In the proceeding . 22.5 The procedures contained in Section 4 hereof shall be applicable only to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) alleged sympathy strike actions alleged to be in violation of Sections 1 or 3 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mailarticle. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties and the party or parties respondent.

WORK STOPPAGES AND LOCKOUTS. 22.1 During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slowdownsslowdowns or other disruption of work, including sympathy actions or any other disruptive activities directed at or in connection with Covered Work strikes, for any reason by the Union or by any employeeassociate, and there shall be no lockout by the Contractor. Failure of any Union or employee to cross any picket line established at the site of Covered Work is a violation of Company. 22.2 No associate shall engage in activities which violate this Article. Any associate who participates in or encourages any such activities shall be subject to immediate disciplinary action, including discharge. 22.3 The Union shall not sanction, aid or abet, encourage encourage, condone, ratify or continue any strike, picketing, work stoppage, slowdown, sympathy action, strike, picketing or other activity disruptive activity of work in violation of the Agreement at the site of Covered Work any Company facility and shall shall, without delay, undertake all possible means to prevent or to terminate any such activity. No employee shall engage . 22.4 In the event of an allegation of a sympathy strike action in activities which violate this Article. Any employee who participates in violation of Sections 1 or encourages any activities which interfere with the normal operations 3 of the Covered Work shall be subject to disciplinary action, including discharge. The Union shall not be liable for acts of employees for which it has no responsibility. In lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, either party may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is allegedprocedure: (a) The aggrieved party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the parties agree shall not be the permanent Arbitrator under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice required to resort to the Arbitrator shall be Grievance or Arbitration procedures of this Agreement. Rather, the aggrieved party may institute a special arbitration proceeding regarding such violation by the most expeditious means available, with telegraphic notice by telegram to the other party alleged and to be in violation and the involved International Union President. (b) American Arbitration Association. Upon receipt of said telegraphic notice, the Arbitrator named above or his alternate American Arbitration Association shall set and hold a hearing immediately appoint an arbitrator to hear the matter within twenty-four (24) hours if it is contended that after his appointment. The fee and other expenses of the violation still existsarbitrator in this regard shall be shared equally by the Company and the Union. b) Within twenty-four (c24) The Arbitrator hours of his appointment, the arbitrator shall notify the parties by telegram of the place and time he has chosen for this the hearing. Said hearing shall be completed in one session. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitratorhearing. (dc) The sole issue at the hearing shall be whether or not a sympathy strike action in violation of paragraphs 1, 2 and/or Sections 1 or 3 of this Article has, in fact, hereof has occurred and the Arbitrator or is occurring. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation. If the arbitrator does in fact find a violation, he shall issue a cease and desist order with respect to such violation and order such other relief as he may deem appropriate to terminate such violation promptly. d) The award shall be served on all parties to this Agreement by hand or to award damages. Any issue concerning damages is reserved for court proceedingsregistered mail upon issuance by the arbitrator and shall be final and binding upon the Company, if anythe Union and the associates. 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 of, the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuanceaward. (e) Such Award 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 mannerhere and above. Telegraphic Prompt telegraphic notice of the filing initiation of such enforcement proceedings proceeding shall be given to the other party. In the proceeding . 22.5 The procedures contained in Section 4 hereof shall be applicable only to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) alleged sympathy strike actions alleged to be in violation of Sections 1 or 3 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mailarticle. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties and the party or parties respondent.

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slowdowns, sympathy actions or any other disruptive activities directed at or in connection with Covered Work for any reason by the Union or by any employee, and there shall be no lockout by the Contractor. -11- Failure of any Union or employee to cross any picket line established at the site of Covered Work is a violation of this Article. The Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the site of Covered Work and shall undertake all possible means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations of the Covered Work shall be subject to disciplinary action, including discharge. The Union shall not be liable for acts of employees for which it has no responsibility. In lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is alleged: (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx 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 shall appoint his alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram to the party alleged to be in violation and the involved International Union President. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telegraphic notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement Agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties and the party or parties respondent.

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there SECTION 1. There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, sympathy actions slowdowns or any other disruptive activities directed at or in connection with Covered Work activity for any reason by the Union or by employees against any employeeContractor covered under this Agreement, and there shall be no lockout by the any Contractor. Failure of any Union or employee to cross any picket line established by any Union, signatory or non-signatory, or any other organizations, at or in proximity to the Project site of Covered Work is a violation of this Article. It shall not be a violation of this Article for the Union, after three (3) business day’s written notice to the General Contractor, to direct the employees of a Contractor to engage in a work stoppage where such Contractor has refused to pay the wages provided in Article X. Such a work stoppage shall not include picketing or otherwise disrupt work on the Project and shall cease upon payment. SECTION 2. The Union shall not sanction, aid or abet, encourage or continue any work stoppagestrike, slowdownslow-down, boycott, secondary boycott, picketing, lockout, sympathy action, strike, picketing or interruption or other disruptive activity disruption of or interference with the work covered by this Agreement at the General Contractor’s Project site of Covered Work and shall undertake all possible reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which that violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations of the Covered Work shall be subject to disciplinary action, including dischargeAny SECTION 3. The principal officer or officers of a Union will immediately instruct, order and use the best efforts of his office to cause the employees whom 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 General Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. SECTION 4. In the event of any strike, slow-down, boycott, secondary boycott, picketing, lockout, sympathy strike, or interruption or other disruption of or interference with the work in violation of this Article, the General Contractor may suspend all or any portion of the Project work affected by such activity at the General Contractor’s discretion and without penalty, and General Contractor shall have the right to obtain labor from any source. SECTION 5. There shall be no strike, slow-down, boycott, secondary boycott, picketing, lockout, sympathy strike, or interruption or other disruption of or interference with the work affecting the Project site during the term of this Agreement. Any Union or Local Union, which is in violation of this Article, agrees as a remedy for which it has no responsibilitysaid violation, to pay liquidated damages in accordance with Section 6. SECTION 6. In lieu of of, or in addition to any other action at in law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, party may institute the following procedure when a breach of paragraphs Section 1, 2above, and/or 3 is alleged after the Union has been notified of this Article is allegedthe fact: (a) The A party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the Arbitrator, whom the parties agree shall be act as the permanent Arbitrator under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice to the Arbitrator shall be by the most expeditious means availabletelephone and fax with notices by telephone, with notice by telegram fax, and United Parcel Service Overnight Express Mail to the party alleged to be in violation and the involved International Union Presidentviolation. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall set sit and hold a hearing within twenty-four (24) hours if it is contended that the violation violations still existsexist. (c) The Arbitrator shall notify the parties by telegram telephone and fax of the place and time he has chosen for this hearing. Said hearing shall be completed in one sessionsession which, with appropriate recesses at the Arbitrator's discretion, and shall not exceed 24 hours unless otherwise agreed upon by all parties. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or the issuance of an any award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs Section 1, 2 and/or 3 of this Article hasabove, has in factfact occurred, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation violations or to award damages. Any , which issue concerning damages is reserved for court proceedings, if any. The award Arbitrator’s 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 of, the Arbitrator’s Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail fax and by certified mail, return receipt requested, upon issuance. (e) Such Award may be enforced by any court Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telegraphic : Telephonic and fax notice of the filing of such enforcement proceedings proceeding shall be given to the other partyparties. In the proceeding to obtain an a temporary order enforcing the Arbitrator’s 's Award as issued under paragraph 4(dSection 6(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 's right to participate in a the hearing for a final order of enforcementenforcement or in any contempt proceeding. The court’s Court's order or orders enforcing the Arbitrator’s 's Award shall be served on all parties by hand or by delivery be delivered to their last known address or by registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith hereto are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator shall be equally divided equally between the moving party or parties and the party or parties parties' respondent. (h) If the Arbitrator determines that a violation has occurred in accordance with Section 3(d) above, the Union and the applicable Local 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 all involved do not return to work by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s award, and the Unions and/or its applicable Local Union(s) have not complied with Section 3 of this Article, then the Union and/or Local Unions shall pay the sum of Ten Thousand Dollars ($10,000.00) as liquidated damages to the General Contractor, and shall pay an additional Ten Thousand Dollars ($10,000.00) per shift for each shift thereafter on which the trade has not returned to work. The Arbitrator shall retain jurisdiction to determine compliance with this Section. (i) It is the responsibility of each Local Union, Contractor and subcontractor to keep on file with the General Contractor an address or operating fax number to which notices under this Article may be sent. Any Local Union, Contractor or subcontractor failing to do so hereby waives its right to claim that it did not receive proper or timely notice of any action taken by any party or Arbitrator pursuant to this Article. SECTION 7. The procedures contained in Section 3 of this Article shall be applicable to alleged violations of this Article. Procedures contained in Article VIII shall not be applicable to any alleged violations of this Article, with the single exception that any employee discharged for violation of Section 1, above, may resort to the procedures of Article VIII to determine only if he was, in fact, engaged in that violation.

WORK STOPPAGES AND LOCKOUTS. Section 1. During the term of this Agreement, PLA there shall be no strikes, picketing, . work stoppages, slowdowns, sympathy actions slowdowns or any other disruptive activities directed activity at or in connection with Covered Work the project site for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the ContractorContractor on the Covered Projects. Failure of any Union, Local Union or employee to cross any picket line established at the Covered Project site of Covered Work is a violation of this Article. Section 2. The Union and its applicable Local Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the Project site of Covered Work and shall undertake all possible reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations operation of the Covered Work Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the Project for a period of not less than ninety (90) days. Section 3. The Neither the Union nor its applicable Local Union shall not be liable for acts of employees for which whom it has no responsibility. In lieu The International Union General President or Presidents will immediately instruct, order and use the best efforts of his/her office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. 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 represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in addition to any instance shall not be deemed a waiver of its right in any other action at law or equity, instance. Section 4. If any party, including the Project Contractor, who the parties agree is Party to this PLA believes a beneficiary violation of this Agreement and specifically this article has occurred, that Party may submit their claim as a grievance under Article with full right of participation in any action under this Article7, may institute the following procedure when a breach of paragraphs 1Step 4, 2, and/or 3 of this Article is alleged: (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the parties agree shall be the permanent Arbitrator under this procedurefor expedited arbitration. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram to the party alleged to be in violation and the involved International Union President. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. (d) The sole issue at the arbitration hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, in fact, occurred and the Arbitrator occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of for such violation or to award damages. Any issue concerning damages 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 hearing, and may be issued without an a written opinion. If any party 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 of, the Awardaward. The Arbitrator arbitrator may order cessation of the violation of this Article violation, and any other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred including, but not limited to hereinabove liquidated damages in the following manneramounts: For the first shift in which the violation occurred, $10,000; for the second shift, $10,000; for the third shift, $10,000; for each shift thereafter in which the craft has not returned to work, $10,000 per shift. Telegraphic notice of the filing of such enforcement proceedings Such award shall be given to the other party. In the proceeding to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) of this Article, all parties waive the right to a hearing final 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 binding on all parties by hand or by delivery to their last known address or by registered mail. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) parties. The fees and expenses of the Arbitrator arbitrator shall be equally divided equally between the moving parties Party or Parties and the party Party or parties Parties respondent. If the arbitrator determines that a violation of this Article has occurred 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 arbitrator determines that a lockout has occurred in violation of this Article, he/she shall be empowered to order the Contractor to bring the employee(s) in question back to work, and award back pay to the employees who were locked out. The arbitrator shall retain jurisdiction to determine compliance with this Article.

WORK STOPPAGES AND LOCKOUTS. 6.1 During the term of this Agreement, there shall be no strikes, sympathy strikes, picketing, work stoppages, slowdownsslow downs, sympathy actions handbilling where the handbilling relates to the Project or any to the Owners, Employer, or other Employer working or providing work on the Project, or interference with the work or other disruptive activities directed activity of any kind at or in connection with Covered Work the Project site for any reason by the Union Union, its agents, representatives, or by any employee, and there shall be no lockout by the Contractorany Employer. Failure of any either a Union or an employee to cross any picket line established at the Employer’s project site of Covered Work is a violation of this Article. . 6.2 The Union Unions shall not sanction, aid or abet, encourage encourage, condone or participate in or continue any work stoppage, slowdown, sympathy actiondelay, strike, picketing or any other disruptive activity at the Project site of Covered Work and shall undertake all possible reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations operation of the Covered Work Project or which violate this Article, shall be subject to disciplinary action, including discharge. The , and, if justifiably discharged for the above reasons, shall not be eligible for rehire or further work on the Project. 6.3 A Union shall not be liable for acts of employees that it does not represent. With respect to employees the Union does represent, the principal officer or officers of the Union will immediately instruct, and order and use the best efforts of his office to cause such employees to cease any violations of this Article. A Union complying with this obligation shall not be liable for which any unauthorized acts of the employees it has no responsibilityrepresents. The failure of the Employer to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. 6.4 The Unions agree that if any union or any other persons, whether parties to this Agreement or otherwise, engage in any picketing or work stoppages, the signatory Unions shall consider such work stoppage or picketing to be illegal and refuse to honor such picket line or work stoppage. 6.5 In the event of any work stoppage, strike, sympathy strike, picketing, handbilling or interference with the work or any other disruptive activity at the Project site in violation of this Article, the Primary Employer may suspend all or any portion of the Project work affected by such activity at the Primary Employer’s discretion and without penalty. 6.6 In lieu of of, or in addition to to, any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, party may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is alleged:, after the Union has been notified of the fact, understanding that the grieving party has the discretion to opt for resolution of any dispute under this Article or through Article 8 instead. (a) 6.6.1 The party invoking this procedure shall notify Xxxxxx Xxxxx, Xxxxxx Xxxxx or Xxxx Xxxxx Xxx Xxxxxx, who the parties to this agreement agree shall be the permanent Arbitrator Arbitrators under this procedure. In the event that any of the permanent Arbitrator Arbitrators is unavailable at any time, he the American Arbitration Association shall appoint his alternateselect an alternative arbitrator within twenty-four (24) hours of notice. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram fax or electronic means or any other effective written means to the party alleged to be in violation and the involved International Union PresidentUnion. (b) 6.6.2 Upon receipt of said notice, the Arbitrator named selected above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still existsexists or is threatened to resume. (c) 6.6.3 The Arbitrator shall notify the parties by telegram fax or electronic means or any other effective written means of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award Award by the Arbitrator. (d) 6.6.4 The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, has in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if anyfact occurred. 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 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 of, the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate reliefby the Union, and such Award shall be served on all parties by hand or registered mail or by electronic mail upon issuance. The Union accepts service pursuant to any of the foregoing means of notice and expressly waives notice by more formal means. (e) 6.6.5 Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Telegraphic The fax or electronic notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an a temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) Section 6.6.4 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 Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mail or by electronic mail. All parties waive the right to require the issuance of a bond or other security for issuance of an injunction or an appeal to a refusal to issue one under this Article. (f) 6.6.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) 6.6.7 The fees and expenses of the Arbitrator shall be divided equally between the moving parties and borne by the party or parties respondentfound in violation, or in the event no violation is found, such fees and expenses shall be borne by the moving party. 6.6.8 If the Arbitrator determines that a violation has occurred in accordance with Section 6.6.4 above, the party or parties found to be in violation shall pay as liquidated damages the following amounts: for the first shift in which the violation occurred, $10,000; for the second shift, $15,000; for the third shift, $20,000; for each shift thereafter on which the craft has not returned to work, $20,000 per shift. The Arbitrator shall retain jurisdiction to determine compliance with this section and this Article. 6.7 The procedures contained in this Article shall be applicable to alleged violations of this Article. Disputes alleging violation of any other provision of this Agreement, including any underlying disputes alleged to be in justification, explanation or mitigation of any violation of this Article, shall be resolved under the grievance procedures of Article 8. 6.8 Notwithstanding the provisions of Section 6.1 above, it is agreed that with forty eight (48) hours prior written notice to the Primary Employer, the Union retains the right to withhold the services of its members from a particular contractor or subcontractor who fails with respect to work on the Project to make timely payments to the Union’s benefit plans or to pay timely its weekly payroll in accordance with its agreements with the Union; provided, however, that in the event the Union or any of its members withhold their services from such contractor or subcontractor, Primary Employer shall have the right to replace such contractor or subcontractor with any other contractor or subcontractor who executes the Agreement to be Bound. 6.9 In the event that the Master Agreement of a Union expires and the parties to that agreement fail to reach agreement on a new contract by the date of expiration, the Union shall continue to provide employees to the Employers working on the Project under all the terms of the expired agreement until a new agreement is negotiated, at which time all terms and conditions of that new agreement shall be applied to Covered Work at the Project, except to the extent they conflict with any provision of this Agreement. In addition, if the new Master Agreement provides for wage or benefit increases, then any Employer shall pay to its employees who performed Covered Work at the Project during the hiatus between the effective dates of such labor agreements, an amount equal to any such wage and benefit increases established by the new labor agreement applicable to such work performed during the hiatus.

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there 4.1 There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns, sympathy actions sickouts, handbilling or any other disruptive activities directed at or in connection with Covered Work activity for any reason (including but not limited to disputes relating to the negotiation or renegotiation of applicable MLAs, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes, and jurisdictional strikes or disputes) by the Union Union, or by any employee, and there shall be no lockout by the Contractor. Failure of any Union or employee to cross any picket line established at the Project site of Covered Work is a violation of this Article. . 4.2 The Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the Covered Project site of Covered Work and shall undertake all possible reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations operation of the Covered Work Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the project. If any union is notified of any offsite work stoppage, strike, picketing or other disruptive act1v1ty by the Union that will economically and/or materially affect the completion of the Project, the Union will promptly make good faith efforts to cease such Project work disruption 4.3 The Union shall not be liable for independent acts of employees for which whom it has no responsibility. The principal officer or officers of a Union will immediately instruct, order and use their best efforts of their office to cause the employees they represent to cease any violations of this Article. A Union complying with this obligation within two business days of its knowledge of or receipt of notice of such independent acts of employees shall not be liable for unauthorized acts of employees it represents. The failure of the Employer to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. 4.4 If an MLA, local, regional, and other applicable labor agreements expire during the term of this Agreement, it is specifically agreed that there shall be no strike, sympathy strike, picketing, lockout, slowdown, withholding of work, refusal to work, walk-off: sick-out, sit-down, stand-in, wobble, boycott or other work stoppage, disruption, advising of the public that a labor dispute exists, or other impairment of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at any Covered Project and/or failure of the parties to that agreement to reach a new contract. Otherwise to the extent that such a local, regional, or other applicable labor agreement does expire and the parties to that agreement have failed to reach agreement on a new contract, work will continue on the Project on one of the following two bases, both of which will be offered by the Unions involved to the Employers affected: 4.4.1 Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contracts may each propose wage rates and employer contribution rates to employee benefit funds different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union's interim agreement offered to Employers will be no less favorable to the Employer than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Los Angeles County. 4.4.2 Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds if the Employers affected by that contract agree to the following retroactivity provisions: if a new MLA for the union having jurisdiction at the Project is ratified and if such new MLA provides for retroactive wage or fringe benefit contribution increases, then each affected Employer shall pay to its employees (and the respective trust funds for hours worked by employees) who performed work covered by the Agreement at the Project during the hiatus between the effective dates ofsuch labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new local, regional or other applicable agreement for such increase to go into effect, for each employee's hours worked on the Project during the retroactive period. All parties agree that such affected Employer shall be solely responsible for any retroactive payment to its employees and that neither the County nor any other Employer has any obligation, responsibility or liability whatsoever for any such retroactive payments or collection of any such retroactive payments, from any such Employer. 4.4.3 Some Employers may elect to continue to work on the Project under the terms ofthe interim agreement option offered under 4.4.1 above and other Employers may elect to continue to work on the Project under the retroactivity option offered under 4.4.2 above. To decide between the two options, Employers will be given one (1) week after the particular MLA has expired or one week after the Union has personally delivered to the Employer in writing its specific offer of terms ofthe interim agreement pursuant to 4.4.1 above, whichever is the later date. If the Employer fails to timely select one of the two options, the Employer shall be deemed to have selected the option of 4.4.2. 4.5 Expedited arbitration will be utilized for all grievances alleging violations of this Article. In lieu of or in addition to any other action at law or equity, any party, including the County, Prime Contractor and the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this ArticleLabor Coordinator, may institute the following procedure when a breach of paragraphs 1, 2, and/or 3 or violation of this Article is allegedalleged to have occurred: 4.5.1 If the County or Employer contends that any Union has violated this Article, it will serve written notification upon the Business Manager of the Union(s) involved, advising him of the fact, with copies ofsuch notice to the Prime Contractor, and the Project Labor Coordinator. The Business Manager(s) will immediately instruct, order and use the best efforts of her or his office to cause any violation of this Article to cease. 4.5.2 If the County or Union contends that any Employer has violated this Article, it will notify the Employer, Prime Contractor, and the Project Labor Coordinator, setting forth the facts which the Union contends violates this Article, at least twenty-four (a24) hours prior to invoking the expedited arbitration procedures contained in this Article. 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 Employer in the normal course of its business, nor does it include the Employer's decision to terminate or suspend work on the Project or any portion thereof for operational or special circumstances. 4.5.3 The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who the parties agree shall be Project Labor Coordinator to select the permanent Arbitrator under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by telegram to the party alleged to be arbitrator next in violation and the involved International Union President. (b) Upon receipt of said notice, the Arbitrator named above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The Arbitrator shall notify the parties by telegram of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) Such Award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinabove in sequence from the following mannerlist: 1. Telegraphic notice of the filing of such enforcement proceedings shall be given to the other partyXxxxx Xxxxxx 2. In the proceeding to obtain an temporary order enforcing the Arbitrator’s Award as issued under paragraph 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parteXxxx Xxxxx 3. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcementXxxxxx Xxxxxxxxx 4. The court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to their last known address or by registered mail.Xxxx Xxxxx (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue.5. Xxxxxx Xxxxxxx (g) The fees and expenses of the Arbitrator shall be divided equally between the moving parties and the party or parties respondent.6. Xxxxxxx Xxxxxxxxx

WORK STOPPAGES AND LOCKOUTS. 13.1 During the term of this Agreement, Agreement there shall be no strikes, picketing, work stoppages, slowdowns, sympathy actions slow downs or any other disruptive activities directed at or in connection with Covered Work activity for any reason by the SIBTC, its Signatory Union Affiliates or by any employee, employee and there shall be no lockout by the Contractor. Failure of any Signatory Union Affiliate or employee to cross any picket line established at the project site of Covered Work is a violation of this Article. . 13.2 The SIBTC and its Signatory Union Affiliates shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, 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 site project site. Should any of Covered Work these prohibited activities occur the SIBTC and shall undertake all possible means the Signatory Union Affiliates will take the necessary action to prevent or to terminate any end such activity. prohibited activities. 13.3 No employee shall engage in any activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations operation of the Covered Work project shall be subject to disciplinary action, including discharge. The Union , and if justifiably discharged for the above reasons, shall not be eligible for rehire on the same project for a period of not less than ninety (90) days. 13.4 Neither the SIBTC nor its Signatory Union Affiliates, will be liable for acts of employees for which whom it has no responsibility. The principal officer or officers of the SIBTC will immediately instruct, order and use the best efforts of his office to cause Signatory Union Affiliates to cease any violations of this Article. The SIBTC in its compliance with this obligation shall not be liable for unauthorized acts of Signatory Union Affiliates or Non-Signatory Union Affiliates. The principal officer or officers of any involved Signatory Union 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 right in any instance shall not be deemed a waiver of its right in any other instance. 13.5 In lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may party shall institute the following procedure when a breach of paragraphs 1, 2, and/or 3 of this Article is alleged:, after all involved parties have been notified of the fact. (a) a. The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who whom the parties agree shall be the permanent Arbitrator arbitrator under this procedure. In the event that the permanent Arbitrator arbitrator is unavailable at any time, he shall appoint his alternate. Notice to the Arbitrator arbitrator shall be by the most expeditious means available, with notice available ""'.ith otice by telegram te_legram or any effective written means to the party alleged to be in violation i vIolat1on and the all involved International Union President.parties. Project Labor Agreement adopted 11/10/2004 Page 8 (b) b. Upon receipt of said notice, notice the Arbitrator named arbitrator r:iamed above or his alternate shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still existsexists but not before twenty-four (24) hours after the telegraph notice to all parties involved as required above. (c) c. The Arbitrator shall notify the parties by telegram or any other effective written means, of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party to or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award Award by the Arbitrator. (d) d. The sole issue at the hearing shall be whether or not a violation of paragraphs 1, 2 and/or 3 of this Article has, has in fact, occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any issue concerning damages is reserved for court proceedings, if anyfact occurred. 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 of, the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate reliefArticle, and such Award shall be served on all parties by hand or registered mail upon issuance. (e) e. Such 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. Telegraphic notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain an a temporary order enforcing the Arbitrator’s 's Award as issued under paragraph 4(d) Section 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 's Award shall be served on all parties by hand or by delivery to their last known address or by registered mail. (f) f. Any rights created by statute statue or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith are hereby waived by the parties to whom they accrue. (g) g. The fees and expenses of the Arbitrator shall be divided equally between the moving parties and borne by the party or parties respondentfound in violation, or in the event no violation is found, such fees and expenses shall be borne by the moving party. h. If the Arbitrator determines in accordance with Section 13.5 that the SIBTC or a Signatory Union Affiliate has violated Article XIII, the SIBTC or the Signatory Union Affiliate shall, within eight (8) hours of receipt of this Award, direct all employees they represent at the project to immediately return to work. If the employees do not return to work at the beginning of the next regularly scheduled shift following receipt of the Arbitrator's Award, and the SIBTC or Signatory Union Affiliate have not complied with Section 13.4 above, then the SIBTC or the Signatory Union Affiliate which has not ori:,plied with Section 13.4 shall pay the sum of ten thousand dollars ($10,000) as liquidated damages to the affected owner, and shall pay an additional ten thousand dollars ($10,000) per shift for each shift thereafter on which the employees have not returned to work. The Arbitrator shall retain jurisdiction to determine compliance with this Section and Section 13.4, and to assess liquidated damages.

WORK STOPPAGES AND LOCKOUTS. During the term of this Agreement, there Section 1. There shall be no strikes, picketing, work stoppages, slowdowns, sympathy actions slowdowns or any other disruptive activities directed at or in connection with Covered Work activity for any reason (including but not limited to disputes relating to the negotiation or renegotiation of the local collective bargaining agreements which serve as the basis for the Schedule As, economic strikes, unfair labor practices strikes, safety strikes, sympathy strikes, and jurisdictional strikes) by the Union or by employees working under this Agreement against any employeeContractor covered under this Agreement or the Project, 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 or in proximity to the Project construction site of Covered Work is a violation of this Article. The Program Manager and the Union shall not sanction, aid or abet, encourage or continue any work stoppage, slowdown, sympathy action, strike, picketing or other disruptive activity at the site of Covered Work take all steps necessary to obtain compliance with this Article and shall undertake all possible means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operations of the Covered Work neither shall be subject to disciplinary action, including discharge. The Union shall not be held liable for acts of employees conduct for which it is not responsible. 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 180 calendar days. (a) If a Contractor contends that any Union has no responsibilityviolated this Article, Section 3 of Article VIII, or the provisions of Article XIX, Section 4, it will notify in writing the Executive Secretary of the Council, the Senior Executive of the involved Union(s), and the Program Manager. In The Executive Secretary and the leadership of the involved Union(s) will immediately instruct, order and use their best efforts to cause the cessation of any violation of this Article. (b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Program Manager setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 4. The Program Manager shall promptly order the involved Contractor(s) to cease any violation of the Article. Section 4. Any party, including the District, which the parties agree is a party to the Agreement for purposes of this Article and an intended beneficiary of this Article, or the Program Manager, may institute the following procedure, in lieu of or in addition to any other action at law or equity, any party, including the Project Contractor, who the parties agree is a beneficiary of this Agreement and specifically this Article with full right of participation in any action under this Article, may institute the following procedure when a breach of paragraphs Section 1, 2above, and/or or Section 3 of this Article VIII, or Section IV of Article XIX is alleged: (a) The party invoking this procedure shall notify Xxxxxx Xxxxx or Xxxx Xxxxx who [IMPARTIAL ARBITRATOR], selected by the negotiating parties, whom the parties agree shall be the permanent Arbitrator arbitrator under this procedure. In the event that the permanent Arbitrator arbitrator is unavailable at any time, he he/she shall appoint his an alternate. Notice to the Arbitrator arbitrator shall be by the most expeditious means available, with notice by telegram notices to the party alleged to be in violation and to the involved International Union PresidentCouncil if it is a union alleged to be in violation. For purposes of this Article, written notice may be given by telegram, facsimile, hand delivery or overnight mail and will be deemed effective upon receipt. (b) Upon receipt of said notice, the Arbitrator arbitrator named above or his his/her alternate shall set 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 notice has been dispatched to the Executive Secretary and the Senior Official(s) as required by Section 3, as above. (c) The Arbitrator arbitrator shall notify the parties by telegram of the place and time he has chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed 24 hours unless otherwise agreed upon by all parties. A failure of any party to or parties to attend said hearing hearings shall not delay the hearing of evidence or the issuance of an any award by the Arbitratorarbitrator. (d) The sole issue at the hearing shall be whether or not a violation of paragraphs Section 1, 2 and/or above, of Section 3 of this Article hasVIII, or Section 4 of Article XIX, has in fact, occurred and the Arbitrator fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. Any , which issue concerning damages is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing hearing, and may be issued without an 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 of, the Award. The Arbitrator arbitrator may order cessation of the violation of this 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 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 herein above in the following manner. Telegraphic Written notice of the filing of such enforcement proceedings shall be given to the other party. In the any judicial proceeding to obtain an a temporary order enforcing the Arbitrator’s arbitrator's Award as issued under paragraph Section 4(d) of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s 's right to participate in a hearing for a final order of enforcement. The court’s '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 as shown on this Agreement (for a Union), as shown on their business contract for work under this Agreement (for a contractor) and to the representing Union (for an employee), by registered mailcertified mail by the party(ies) first alleging the violation. (f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance therewith hereto are hereby waived by the parties to whom they accrue. (g) The fees and expenses of the Arbitrator arbitrator shall be equally divided equally between the moving parties and the party or parties respondentinitiating this procedure and the respondent party or parties. Section 5. The Program Manager is a party in interest in all proceedings arising under this Article and Articles VII and VIII and shall be sent contemporaneous copies of all notifications required by these Articles, and, at its option, may participate as a full party in any proceeding initiated under these articles. Section 6. If the arbitrator determines in accordance with Section 4(d) above that a work stoppage has occurred, the respondent Union(s) shall, within eight (8) hours of receipt of the award, direct all the employees they represent on the project to immediately return to work. If the craft(s) involved does not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt of the arbitrator's award, and the respondent Union(s) have not complied with their obligation to immediately instruct, order, and use their best efforts to cause a cessation of the violation and return of the employees they represent to work, then the respondent Union(s) shall each pay a sum as liquidated damages to the District, and each shall pay an additional sum per shift for each shift thereafter on which the craft(s) has not returned to work. Similarly, if the arbitrator determines in accordance with Section 4(d) above that a lock- out has occurred, the respondent Contractor(s) shall, within eight