Government of the District of Columbia
Executive Office of the Mayor
The John A. Wilson Building - 1350 Pennsylvania Avenue,
NW, Suite 533 - Washington, DC 20004
Office of Communications
Project Labor Agreement (PLA)
Joslyn Williams, AFL-CIO; City Administrator
Robert Bobb; Jerry Luzapone, Building Trades Union; Mayor Anthony Williams, PLA announcement in RFK
Stadium, June 16, 2005
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New stadium will mean new opportunities for minority
owned business and hundreds of new good-paying jobs for District
residents.
- The Agreement states that the Stadium project will
utilize apprentices for 25% of the jobs and 50% of all of those
apprentices will be bona fide City residents. In order to train City
residents to become journeypersons, 100% of all new
apprentices will be
bona fide City residents.
- Certified Local Small and Disadvantaged Business
Enterprises (LSDBEs) will receive 35% of the contracts. Certified LSDBEs
that are awarded contracts with a total combined value of $10 million or
less will not be required to recognize the union.
- District residents will receive priority status. on
the "union call list"' and be referred to a job before
non-District residents, regardless of the District resident's place on
the referral list. A contractor seeking to hire a bona fide city
resident will contact the applicable union dispatch and request a city
resident. If the union is unable to dispatch a city resident, the union
will contact the D. C. Department of Employment Services (DCDOES) and
obtain a city resident to fill the dispatch. If no qualified individual
is identified by DCDOES within 48 hours the union may use its normal
referral procedures. This is the first time a union has agreed to change
their "call out procedures.
- The Agreement includes provisions for the Summer Youth
Program, for youth ages 16 to 18. Building trades workshops for District
youth will be conducted by the Washington Area Building Trades Unions.
- The Mayor will appoint a Task. Force that will oversee
the Agreement and the hiring of local residents. The Task Force will
include contractors, unions, community groups, community members,
religious leaders and city government representatives. The Task Force
will review the operations and results of the job training programs,
apprenticeship programs, local hires and apprenticeship hires. The Task
Force will have the ability to file a grievance if the contractors or
the unions do not follow the Agreement.
- If there is a dispute regarding the jobs and
apprenticeship, the Task Force will help resolve the issues. If the
parties cannot resolve their dispute, the issue(s) will be presented to
an arbitrator for a binding decision.
- If there are not three bids on each contract, the
contractor will not have to recognize the union or use the union hiring
hall. But the contractor will still have to pay the same wages and
benefits and agree to hire 50% City residents for journeypersons, as
well as biding by the requirements set forth in # 1.
- If a contractor or a union fail to follow the
Agreement, the contractor and the union will be subject to sanctions.
- Under the Agreement, the union agrees to no strikes,
sympathy strikes, picketing, work stoppages, slow downs or other
disruptive activities for any reason to ensure that the stadium gets
built on time.
- The agreement provides for monetary sanctions of 5%
in direct and indirect costs of the contract for failure to employ 50%
of District residents on the contract.
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This Project Labor Agreement (hereinafter referred to as
"the Agreement") is entered into this _____ day of ____, 2005, by and between, on the
one hand, [Insert Name of Construction Manager],
its successors or assigns (hereinafter referred to as "the
Construction Manager") and, on the other hand, the Washington, D.C.
Building and Construction Trades Council (hereinafter the
"Council"), and the Mid-Atlantic Regional Council of
Carpenters (hereinafter "MARCC"), acting on their own behalf
and on behalf of their respective affiliates and members whose names are
subscribed hereto who have, through their duly authorized officers,
executed this Agreement (hereinafter collectively referred to as
"Union" or "Unions"), ,'' and any International
Unions who become signatory hereto, with respect to the Project defined
below. These entities shall hereinafter be collectively referred to as
the Parties to this Agreement. All Contractors who execute a Letter of
Assent agreeing to be bound by this Agreement shall also be considered
Parties to this Agreement.
For purposes of this Agreement, the following additional
definitions shall apply:
The term "Project" shall consist of all work
necessary for the construction of the new Baseball Stadium located in
Southeast, District of Columbia Washington D.C., as such work is more
specifically defined herein.
The term "Owner" shall refer to the District of
Columbia, Sports and Entertainment Commission The term "City"
shall refer to the District of Columbia. The term "Construction
Manager" refers to . . . .
The term "Contractor" shall include all
construction contractors of whatever tier, including all subcontractors
engaged in onsite construction work within the scope of this Agreement,
and including the Construction Manager when it performs construction
work within the scope of this Agreement. Where specific reference to __________ [Name
of Construction Manager] alone is intended, the term "Construction
Manager" is used.
ARTICLE I
PURPOSE
Section 1. The City and the Owner have placed the highest
priority for employment and apprenticeship training opportunities for
bona fide residents of the City and the creation of contracting
opportunities for local, small and disadvantaged companies in the City's
business community. In furtherance of those priorities, the City and the
Owner have tasked the Parties to this Agreement to negotiate terms and
conditions in this Agreement that will advance those goals and remove
obstacles that may have historically limited the full employment of such
local residents or the access of such businesses to the opportunities on
projects of this kind. Additionally, the City recognizes the necessity
of including comprehensive programs for employment, including
recruitment and training of bona fide City residents on this Project.
Section 2. The City and the Parties also
recognize the need for the timely completion of this Project without
interruption or delay and to predict cost and a steady supply of skilled
labor. Timely construction of this Project will require substantial
numbers of employees from construction and supporting crafts possessing
skills and qualifications that are vital to its completion. The Parties
will work together to furnish skilled, efficient craft workers for the
construction of the Project, as required by this Agreement.
Section 3. The Parties desire to mutually establish and
stabilize wages, hours and working conditions for the craft workers on
this Project, to encourage close cooperation between the Contractors and
the Unions to the end that a satisfactory, continuous and harmonious
relationship will exist between the Parties to this Agreement. This
Agreement is intended to enhance this cooperative effort through the
establishment of a framework for labor-management cooperation and
stability.
Section 4. In recognition of the special needs of this
Project, and to maintain a spirit of harmony, labor-management peace,
and stability during the term of this Agreement, the Parties agree to
abide by the terms and conditions in this Agreement, and to establish
effective and binding methods for the settlement of all
misunderstandings, disputes or grievances which may arise. Further, all
Contractors agree not to engage in any lockout, and the Unions agree not
to engage in any strike, slowdown, or interruption or other disruption
of or interference with the work covered by this Agreement.
Section 5. Except as otherwise set forth herein, the
Parties agree that this Agreement will be made available to and will
fully apply to any successful bidder for work performed on this Project
who becomes a signatory hereto, without regard to whether that
successful bidder performs work at other sites on either a union or a
non-union basis, and without regard to whether employees of such bidder
are or are not members of any Union. This Agreement shall not apply to
any Contractor for work that is performed on work other than this
Project. The Unions hereby pledge to work cooperatively on this Project
with all Contractors awarded work governed by this Agreement.
Section 6. To accomplish the important purposes of this
Agreement, the City will implement this Agreement by including
appropriate provisions in the bid documents, contract specifications and
other contract documents for work covered by the scope of this
Agreement. It is understood by the Parties to this Agreement that the
work covered by this Agreement shall be contracted exclusively to
Contractors who agree to execute and be bound by the terms of this
Agreement, and that all such Contractors shall be Parties to this
Agreement. Contractors who are a Party to this Agreement may include
businesses with which the City, at its sole discretion, enters into
contracts through its Small, Local and Disadvantaged Business Enterprise
Program. For work awarded under this program performed under this
Agreement, the Unions pledge to work cooperatively with the business
owner in order to help achieve the City's objectives of increasing
capacity among historically disadvantaged businesses with the City.
ARTICLE II
SCOPE OF AGREEMENT
Section 1. This Agreement shall apply and is limited to
the recognized and accepted historical definition of construction work
that is performed by and under the direction of the Contractors who have
contracts awarded for such work on the Project. Such work shall include
site preparation work, dedicated off site work, and on-site construction
work necessary to complete the Project. Dedicated off-site work is that
work which specifically serves the Project and covers work traditionally
performed on-site. Such dedicated off-site work shall be performed in
accordance with the economic terms and conditions of this Agreement.
This Agreement shall not apply to deliveries, or utility relocation up
to the property line of the Project.
Section 2. The Owner and/or the Construction Manager have
the absolute right to select any qualified bidder for the award of
contracts on this Project without reference to the existence or
non-existence of any agreements between such bidder and any Party to
this Agreement; provided, however, only that such bidder is ready,
willing and able to become a Party to and comply with this Agreement,
should it be designated the successful bidder. All Contractors,
including but not limited to all prime contractors and all
subcontractors
of any tier, who have been or who will be awarded contracts for work
covered by this Agreement are required to accept and be bound by the
terms and conditions of this Agreement by executing the Letter of Assent
(see Appendix A hereto) prior to commencing work. A copy of the Letter
of Assent executed by the Contractor shall be immediately transmitted to
the Council and to the Unions prior to the dispatch of employees to the
job site. The Construction Manager shall assure compliance with this
Agreement by all Contractors engaged in work on this Project.
Section 3. The Parties to this Agreement understand and
appreciate the need for competition in the construction markets. In
order to avoid adverse cost impacts on the Project, the Parties
therefore agree as follows:
(a) At least thirty (30) days prior to the scheduled bid
receipt date for each trade package, the Owner and the Construction
Manager shall seek to obtain letters from at least three (3)
subcontractors in which each such prospective subcontractor agrees to
bid on the trade package and be subject to the terms of this Agreement
(such letters are hereinafter referred to as "Intent to Bid
Letters"). In the event that the Construction Manager does not
receive three such Intent to Bid Letters from subcontractors that are
qualified to perform the work and have the business resources necessary
to perform the work identified in the trade package, then the trade
package shall be exempt from Article II, Section 6 (except as stated
therein), Article IV, Sections 1 and 3, Article XI Section 1 (except
that wages and fringe benefits at the rate set forth in the Union
collective bargaining agreement applicable to the trade package shall be
paid for the duration of the Project as described more fully in Section
5, below), and Article XIII of this Agreement. The Construction Manager
shall provide the Council with a copy of the Request for Proposals
("RFP") for each trade package no later than forty-five (45)
days prior to the scheduled bid receipt date for such trade package.
Additionally, the Construction Manager shall notify the Council upon
receipt of any Intent to Bid Letter received and shall provide the
Council with the opportunity to inspect such Intent to Bid Letter upon
request. Any issues, arising in connection with exclusion of any trade
package from this Agreement under this subsection (a) may be referred to
the Task Force for immediate consideration and resolution.
(b) In the event the Construction Manager fails to
receive at least three bona fide bids on any trade package, the
Construction Manager shall have the right to rebid such trade package
and, if rebid, the trade package shall be exempt from Article II,
Section 6 (except as stated therein), Article IV, Sections 1 and 3,
Article XI, Section 1 (except that wages and fringe benefits at the rate
set forth in the Union collective bargaining agreement applicable to the
trade package shall be paid for the duration of the Project as described
more fully in Section 5 below), and Article XIII of this Agreement. No
other terms of the original RFP may be changed for the rebid trade
package. The Construction Manager shall notify the Council if it failed
to receive at least three bona fide bids on any trade package and shall
provide the Council with the opportunity to inspect all bids submitted
upon request, subject to the terms of a mutually agreed-upon
confidentiality agreement. The Construction Manager shall also provide
the Council with a copy of the RFP for any rebid trade package for which
three bona fide bids were not received at the same time such RFP is officially released and shall provide the Council,
subject to the terms of a mutually agreed-upon confidentiality
agreement, with the opportunity to inspect all bids submitted in
response to the rebid trade package upon request. Any issues arising in
connection with the exclusion of any trade package from this Agreement
under this subsection (b) may be referred to the Task Force for
immediate consideration and resolution.
(c) To encourage full and open bidding on all trade
packages, the Construction Manager and the Owner agree that they will
include in all trade subcontracts a requirement that any disputes
between the Construction Manager and a Contractor over payments claimed
to be due the Contractor for work performed on this Project shall be
subject to expedited arbitration in accordance with the terms of the
prime contract between the Owner and the Construction Manager The Owner
and the Construction Manager also agree that no special treatment will
be accorded to any contractor bidding on a trade package unless the same
special treatment is provided to all contractors bidding on the trade
package.
Section 4. Certified Local, Small and Disadvantaged
Business Enterprises ("LSDBE"s) that are awarded contracts
individually or with a total combined value of $10 million or less will
not be bound by Article II, Section 6 (except as stated therein),
Article IV, Sections 1 and 3, Article XI, Section 1 (except that wages
and fringe benefits at the rate set forth in the Union collective
bargaining agreement applicable to the trade package shall be paid for
the duration of the Project as described more fully in Section 5 below)
and Article XIII of this Agreement. The Construction Manager shall
notify the Council of the value of each contract awarded to an LSDBE at
the same time the LSDBE is notified that it was the successful bidder.
If the LSDBE's contract exceeds $10 million plus a 10% addition for
change orders or, if at the time of the award, the value of the total
combined contracts awarded to that LSDBE exceeds $10 million, then the LSDBE shall no longer be exempt from any provision of
this Agreement, including the provisions identified above in this
Section.
Section 5. Any Contractor who is exempt, by virtue of
Article II, Section 3 and/or 4 from any provision of this Agreement
shall not be entitled, by virtue of other provisions of this Agreement,
to utilize the Agreement's provisions for Union referral of City
residents, to participate in the apprenticeship programs sponsored by
the Unions signatory to this Agreement, or to participate in any fringe
benefit fund sponsored by the Unions signatory to this Agreement. The
employees of such exempt Contractor shall have no right to Union
representation for any purpose under this Agreement. Each such
Contractor shall, nonetheless, be, required to:
(a) satisfy fully all City resident
hiring and apprenticeship requirements set forth in this Agreement and
required by law;
(b) demonstrate that, as of the deadline for submitting
Intent to Bid Letters set forth in subsection Section 3(a), above, it
maintains an apprenticeship program that has been approved and
registered by the City consistent with applicable City and federal law;
(c) pay its employees, for the duration of the Project,
wages that equal the combined value of the wages and fringe benefits
that are set forth in the collective bargaining agreement identified in
Appendix B hereto (and as it may hereafter be modified) that is
applicable to the work to be performed by the Contractor, such agreement
to be designated by the Council at least fifteen (15) days prior to the
bid date for such work; and
d) pay its employees, for the duration
of the Project, overtime and all other economic benefits that are set forth in the collective bargaining
agreements identified in Appendix B hereto (and as it may hereafter be modified) that is applicable to the work
to be performed by the Contractor. The Council shall identify to the
Owner and the Construction Manager all such economic benefits at least
fifteen (15) days prior to the bid date for such work.
Nothing herein shall be construed to permit a Contractor
who is exempt from provisions of this Agreement by virtue of Article II,
Section 3 and/or 4 not to comply with any provision of any collective
bargaining agreement to which the Contractor is otherwise signatory.
Section 6. (a) The collective bargaining agreements that
will apply to work covered by this Agreement will be identified by name
and by specific reference to each signatory Union in Appendix B to this
Agreement. The terms of each collective bargaining agreement identified
in Appendix B, as currently in effect or as modified in the future by
the parties to those agreements shall apply to work performed under this
Agreement. No other local, area or national agreements other than those
identified in Appendix B as to each signatory Union shall apply to work
performed under this Agreement. Any dispute over which collective
bargaining agreement identified in Appendix B shall apply shall be
resolved in accordance with Article VIII.
(b) Where a term or condition covered by the provisions
of this Agreement is also covered by or conflicts with the Union's
agreement identified in Appendix B, then the provisions of this
Agreement shall supercede and override the terms and conditions of the
Union's agreement identified in Appendix B. Where a term or condition is
covered by the provisions of the Union's agreement identified in
Appendix B and is not covered by this Agreement, and then the provisions
of the Union's agreement identified in Appendix B shall apply.
Notwithstanding the. foregoing, and with the exception of Article VI
(Work Stoppages and Lockouts) and VIII (Jurisdictional Disputes) of this
Agreement, the provisions of the National Agreement of the International
Union of Elevator Constructors shall apply without exception, to work
covered by the National Agreement of the International Union of Elevator
Constructors under the scope of this Agreement.
Section 7. This Agreement, including any Appendices
hereto, represents the complete understanding of the Parties, and by
virtue of having become bound to this Agreement, no Contractor will be
obligated to sign any other local, area, or national agreement as a
condition of performing work within the scope of this Agreement.
Section 8. Nothing contained herein shall be construed to
prohibit, restrict or interfere with the performance of any other
non-construction operation, work, or function which may occur at the
Project site or be associated with the development of the Project such
as, but not limited to, engineering, estimating, clerical, survey and
layout, accounting, timekeeping and related services. Furthermore, the
provisions of this Agreement shall not apply to the Owner and nothing
contained herein shall be construed to prohibit or restrict the Owner or
its employees from performing work not covered by this Agreement on the
Project site.
Section 9. This Agreement shall only be
binding on the signatory parties hereto and shall not apply to their
parents, affiliates or subsidiaries.
Section 10. As areas and systems of the Project are
inspected and construction tested by the Construction Manager or
Contractors and accepted by the Owner, this Agreement will not have
further force or effect on such items or areas, except when the
Construction Manager or Contractors are directed by the Owner to engage
in repairs, modifications, check-out, and warranty functions required by
their respective contracts with the Owner during the term of this
Agreement.
Section 11. It is understood that the
Owner, at its sole option, may terminate, delay and/or suspend any or
all portions of the Project at any time.
Section 12. It is understood that the liability of any
Contractor and the liability of the separate Unions under this Agreement
shall be several and not joint. The Unions agree that this Agreement
does not have the effect of creating any joint employer status between
or among the Owner, Contractors or any employer.
ARTICLE III
TASK FORCE
Section 1. Various provisions of this Agreement have been
agreed to in order to achieve the inclusion of historically
disadvantaged businesses and individuals in the construction and
employment opportunities created by this Project. In order to implement
these important objectives, the City will forma Task Force to serve as
the central forum to exchange information and ideas and to advise the
City staff concerning the operation and results of these objectives and
this Agreement.
Section 2. The Task Force will be comprised of 11 to 15,
representatives of all interested segments of the community who will be
appointed by the Mayor, including but not limited to, minority and
female business organizations, community-based organizations, community
members, the Unions signatory hereto, Contractors participating in this
Agreement, and City government representative. The Mayor shall designate
the Chair of the Task Force. The Task Force will meet monthly or at the
call of the Chair to discuss work progress and projections and other
issues of concern to the Task Force.
Section 3. The Task Force, working in conjunction with
the Contractors, the Unions, community based organizations and the City,
together and separately will establish and/or continue to maintain
existing centers and/or programs to facilitate the entry into and
retention of bona fide City residents interested in careers in the
building and construction trades. The programs will serve as a resource
for preliminary orientation; assessment of construction aptitude;
referral to pre-apprenticeship and apprenticeship programs or to
referral halls; needs assessment; counseling and mentoring; support
network for women and disadvantaged groups; and employment opportunities
and other needs as identified for prospective workers. Through these
outreach programs, interested bona fide City residents will be provided
with information about the respective Unions, their training and
apprenticeship programs, and on-the-job employment positions for which
they are qualified. The Unions will partner with the City in conducting
these outreach activities and in promoting new initiatives to recruit
bona fide City residents to apprenticeship programs or to on-the-job
employment positions for which they are qualified. To that end, the
Unions will assist bona fide City residents in contacting the Joint
Apprenticeship Training Committee for the craft(s) or trade(s) in which
they are interested. Additionally, to the extent permitted by law, the
Unions will assist bona fide City residents who are seeking union jobs
on the Project and union membership in assessing their work experience
and giving them credit for bona fide, provable past experience in the
relevant craft or trade, including experience gained working for
non-union contractors. The Unions will put on their rolls and refer qualified bona fide City residents for work on this
Project. The Unions will make progress reports on the number and
disposition of applicants who have been referred through the Task
Force's programs.
Section 4. The Owner-Sports Commission will fund at least
$375,000 per year for two years to a separate, segregated fund
established by the City to create, promote and/or maintain the outreach
and related programs engaged in by the Task Force for job training and
recruitment of bona fide City residents for work opportunities in the
construction field and to monitor this Agreement for apprentice,
employment and small and local business sections of this Agreement. The
funds allocated and paid pursuant to this provision shall not be
co-mingled with the City's general funds and shall not be used for
purposes other than the Task Force programs described in this Section.
ARTICLE IV
UNION RECOGNITION AND EMPLOYMENT
Section 1. Except as set forth in Article II, the
Contractors recognize the signatory Unions as the sole and exclusive
bargaining representatives of all craft employees within their
respective jurisdictions working on the Project within the scope of this
Agreement.
Section 2. Authorized representatives of the Unions shall
have access to the Project provided they do not interfere with the work
of the employees and further provided that such representatives fully
comply with the visitor and security rules established for the Project.
Each Union that is a party to this Agreement shall have the right to
designate a working journeyperson as a Steward. The Union shall notify
the Contractor in writing of the identity of the designated Steward(s)
prior to the assumption of such person's duties as Steward. There will
be no non-working Stewards. Such designated Steward shall be a qualified
worker performing the work of that craft and shall not exercise any
supervisory functions. Each Steward shall be concerned with the
employees of the Steward's employer and not with the employees of any
other employer. The Steward shall not have the right to determine when
overtime shall be worked or who shall work overtime.
Section 3. All Contractors shall be required to seek
applicants for employment first through the referral procedures of the
applicable Union. The Union's referral procedures shall be those set
forth in or applicable to each individual Union's collective bargaining
agreement (see Appendix B). The Union agrees that there shall be no
discrimination against any employee or applicant for employment because
of his membership or non-membership in the union or based upon race,
creed, color, sex, age or national origin of such employee or applicant.
No employee covered by this Agreement shall be required to join any
Union as a condition of being referred to the Project. After referral,
all provisions of Article XIII (Union Security) shall apply. The Unions
will use the Task Force, community-based organizations and the D.C.
Department of Employment Services ("DCDOES") to recruit for
referral qualified bona fide City residents.
Section 4. The Parties agree that bona fide City
residents shall perform fifty percent (50%) of all journeyperson and
apprentice hours worked on a craft by craft basis, and that all new
apprentices shall be bona fide City residents. If sufficient and
qualified workers from the City are not available to achieve this goal
through utilization of the DC priority referral list and DCDOES as
described in Section 5, below, then residents of the counties within the
Unions' respective geographical jurisdictions may be utilized. A
Contractor failing to meet this goal or demonstrate "good
faith" efforts to do so may be referred to the Task Force for
assistance in meeting this goal or other appropriate action. If a
majority of the Task Force can make no resolution, the issue may then be referred to
binding arbitration as provided for in Article VII below for an
appropriate resolution that may include monetary sanctions. In no event
shall sanctions exceed 5% of the direct labor costs of the Contractor's
construction contract for the Project. The arbitrator may only impose
monetary sanctions if it is shown that the Contractor failed to make
good faith efforts to comply with the hiring requirements. For the
purpose of resolution of any dispute arising under this Section, the
City shall be considered a party-in-interest with full rights of
participation in the arbitration proceeding.
Section 5. Notwithstanding any provision to the contrary
in their respective referral procedures, the Unions agree to identify
those participants in the Unions' respective referral systems who are
bona fide City residents for the purpose of meeting the bona fide City
resident hiring goals. A Contractor seeking to hire a bona fide City
resident to meet its goal set forth in Section 4, above, will contact
the applicable Union dispatch and request a bona fide City resident. The
Union will dispatch a qualified bona fide City resident if one is
available before qualified non-City residents are referred regardless of
the City resident's place on the referral list. If the Union is unable
to dispatch a qualified bona fide City resident within 24 hours after a
Contractor's request, the Union shall contact DCDOES to obtain a
qualified bona fide City resident to fill the dispatch. All qualified
individuals identified by DCDOES shall be directed to the Union for
dispatch to the Project. If no qualified individual can be identified by
DCDOES within 48 hours after the Union's request to DCDOES, then the
Contractor shall obtain applicants for referral by utilizing the Union's
normal referral procedures.
Section 6. In the event the Union is unable to obtain a
dispatch within seventy-two (72) hours (Saturday, Sunday and holidays
excepted) after the Contractor's initial request for applicants, then
the Contractor may employ applicants from any other available source,
including community-based organizations in the City. The Contractor
shall inform the Union of the name and social security number of any
applicants hired from any other source and shall refer the applicant to
the Union for dispatch to the Project:
Section 7. The Unions agree that, on a quarterly basis
for the duration of the Project, each Union will provide to DCDOES and
the Task Force a report on how many qualified bona fide City residents
sought referral to the Project, how many such residents were referred,
and not referred, and if applicable, the reason why any such resident
declined referral to the Project. This report will also include the
number of qualified bona fide City residents referred to each Union by
DCDOES for work on the Project. The Unions will also provide to DCDOES
or to the Task Force, on a quarterly basis, a copy of the Unions' D.C.
priority referral list(s) described in Section 5, above. The Unions
agree that they will meet with the Task Force on a quarterly basis, and
more frequently if requested, to review the Union's efforts with respect
to the goals set forth in this Agreement with respect to the
recruitment, referral and hiring of City residents.
Section 8. The Parties recognize the Construction
Manager's commitment to provide opportunities to participate on the
Project to emerging business enterprises as well as other enterprises
that may not have previously had a relationship with the Unions
signatory to this Agreement. To ensure that such enterprises will have
an opportunity to employ their "core" employees as journeymen
on this Project, the Parties agree that in those situations where a
Contractor not a party to a current collective bargaining agreement with
the signatory Union having jurisdiction over the affected work is a
successful bidder, the Contractor may request by name, and the Union
will honor, subject to the rotation set forth below, referral of persons
who have applied to the Union for referral to Project work and who
demonstrate the following qualifications:
(a) possess any license required by
state or federal law for the Project work to be performed;
(b) have worked a total 'of at least one
thousand (1,000) hours in the construction craft during the prior three
(3) years;
(c) were on the Contractor's active
payroll for at least sixty (60) out of the one hundred twenty (120)
calendar days prior to the contract award; and
(d) have the ability to perform safely
the basic function of the applicable trade.
Proof of such qualifications must be presented to the
Union from which the "core" employee seeks referral. The first
applicant referred to such Contractor will be a journeyperson from the
Union's out-of-work list for the affected trade or craft, recognizing
that bona fide City residents will have priority referral within this
group; and the second applicant referred will be one of such
Contractor's "core" employees, recognizing that bona fide City
residents will have priority referral within this group. This process
shall be repeated, one and one, until such Contractor's crew
requirements are met or until such Contractor has hired seven (7)
"core" employees, whichever occurs first. Thereafter, all
additional employees in the affected trade or craft shall be hired
exclusively from the applicable Union's out-of-work list in accordance
with the requirements set forth in this Article. For the duration of
such Contractor's work, this ratio shall be maintained. When such
Contractor's workforce is reduced, "core" employees shall be
reduced in a manner that will maintain no more than the same ratio of
"core" employees to other referrals as was applied in the
initial hiring.
Section 9. The selection of craft foreman and/or general
foreman and the number of foremen required shall be entirely the
responsibility of the Contractor. Craft foreman shall be designated
working foremen at the request of the Contractor.
Section 10. The Contractors and the Unions recognize a
desire to facilitate the entry into the building and construction trades
for veterans who are interested in careers in the building and
construction industry. The Contractors and Unions agree to utilize the
services of the Center for Military Recruitment, Assessment and Veterans
Employment (hereinafter "Center") and the Center's
"Helmets to Hardhats" program to serve as a resource for
preliminary orientation, assessment of construction aptitude, referral
to apprenticeship programs or hiring halls, counseling and mentoring,
support network, employment opportunities and other needs as identified
by the parties.
Section 11. The Unions and Contractors agree to
coordinate with the Center to create and maintain an integrated database
of veterans interested in working on this Project and of apprenticeship
and employment opportunities for this Project. To the extent permitted
by law, the Unions will give credit to such veterans for bona fide,
provable past experience.
ARTICLE V
MANAGEMENT'S RIGHTS
Section 1. The Contractors retain full and exclusive
authority for the management of their operations. Except as otherwise
limited by the terms of this Agreement, the Contractors shall have the
right to determine the competency of all employees, the number of
employees required subject to the lawful manning requirements of the applicable collective
bargaining agreements in Appendix B, and shall have the sole
responsibility for selecting employees to be laid off. Contractors shall
direct their working forces at their prerogative, including, but not
limited to hiring, promotion, transfer, lay-off, and discipline or
discharge for just cause. No rules, customs, or practices shall be
permitted or observed which limit or restrict production, or limit or
restrict the working efforts of employees. The Contractors shall utilize
the most efficient method or techniques of construction, tools, or other
labor saving devices; and have the right to utilize any methods or
techniques of construction. There shall be no limitations upon the
choice of materials or design, nor shall there be any limit on
production by workers or restrictions on the full use of tools or
equipment. It is recognized that, in limited circumstances, installation
of specialty items may require the oversight of a manufacturer's
representative to protect the manufacturer's warranty. In such cases,
the oversight work performed by the manufacturer's representative for
warranty compliance shall not be covered by the terms of this Agreement.
There shall be no restriction, other than may be required by safety
regulations, on the number of employees assigned to any crew or to any
service.
Section 2. If there is any disagreement between the
Contractor and the Union concerning the manner or implementation of such
device or method of work, the implementation shall proceed as directed
by the Contractor, and the Union shall have the right to grieve and/or
arbitrate the dispute as set forth in Article VII of this Agreement.
ARTICLE VI
WORK STOPPAGES AND LOCKOUTS
Section 1. During the term of this Agreement there shall
be no strikes, sympathy strikes, picketing, work stoppages, slow downs
or other disruptive activity for any reason (including disputes relating
to the negotiation or renegotiation of the collective bargaining
agreements attached as Appendix B hereto, or disputes directed at
non-construction services companies at the Project site) by a signatory
Union or by any employee, and there shall be no lockout by the
Contractor. This provision will not affect the Contractor's right to
suspend or terminate work on any portion of the Project for operational
or special circumstances provided the Union is given thirty (30) days
notice, and such suspension or termination of work shall not be
considered a lockout within the meaning of this section.
Section 2. No signatory Union shall sanction, aid or
abet, encourage or continue any work stoppage, strike, picketing or
other disruptive activity at the Contractor's project site and shall
undertake all reasonable means to prevent or to terminate any such
activity. No employee shall engage in activities that
violate this Article. Any employee who participates in or
encourages any activities which interfere with the normal operation of
the Project shall be subject to disciplinary action, 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. No Union shall be liable for acts of employees
for whom it has no responsibility. The principal officer(s) of a Union
will immediately instruct, order and use the best efforts 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 the unauthorized acts of any employee 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.
Section 4. If there is a work stoppage or lockout dispute
the parties agree to provide notice to an arbitrator from the panel, as
described in Article VII below. Upon receipt of said notice, the
arbitrator or his alternate shall sit and hold a hearing within
twenty-four (24) hours if he believes that the work stoppage or lockout
dispute still exists, but not sooner than twenty-four hours after notice
of such dispute is given to the Union.
ARTICLE VII
DISPUTES AND GRIEVANCES
Section 1. This Agreement is intended to provide close
cooperation between management and labor. Each of the Unions will assign
a representative to this Project for the purpose of completing the
construction of the Project economically, efficiently, continuously, and
without interruptions, delays or work stoppages.
Section 2. The Contractors, Unions, and the employees,
collectively and individually, realize the importance to all Parties to
maintain continuous and uninterrupted performance of the work of the
Project, and agree to resolve disputes in accordance with the
grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and
during the term of this Agreement (other than trade jurisdictional
disputes) shall be considered a grievance and subject to resolution
under the following procedures:
Step 1. (a) When any employee subject to the provisions
of this Agreement believes he is aggrieved by a violation of this
Agreement, he shall, through his Union business representative or job
steward, within five (5) working days after the occurrence of the
violation, give notice to the work-site representative of the involved
Contractor stating the provision(s) alleged to have been violated. A
representative of the Union or the job steward and the work-site
representative of the involved Contractor and the Construction Manager
shall meet and endeavor to adjust the matter within three (3) working
days after timely notice has been given. The representative of the
Contractor shall respond to the Union representative in writing (copying
the Construction Manager) at the conclusion of the meeting but not later
than twenty-four (24) hours thereafter. If they fail to resolve the
matter within the prescribed period, the grieving party may, within
forty-eight (48) hours thereafter, pursue Step 2 of the Grievance
Procedure, provided the grievance is reduced to writing, setting forth
the relevant information concerning the alleged grievance, including a
short description thereof, the date on which the grievance occurred, and
the provision(s) of the Agreement alleged to have been violated.
(b) Should the Union(s) or the Construction Manager or
any Contractor have a dispute with the other party and, if after
conferring, a settlement is not reached within three (3) working days,
the dispute may be reduced to writing and proceed to Step 2 in the same
manner as outlined herein for the adjustment of an employee complaint.
Step 2. The Union's principal officer (or his designee)
and the involved Contractor (or his designee) or Construction Manager,
(or his designee) shall meet within seven (7) working days of the
referral of a dispute to this second step to arrive at a satisfactory
settlement thereof. If the parties fail to reach an agreement, the
dispute may be appealed in writing in accordance with the provisions of
Step 3 within seven (7) calendar days thereafter.
Step 3. (a) If the grievance has been submitted but not
adjusted under Step 2, either party may request in writing, within seven
(7) calendar days thereafter, that the grievance be submitted to an
Arbitrator designated from a permanent panel of five (5) arbitrators for
this Agreement. The five permanent panel arbitrators shall be selected
by mutual agreement of the Owner and the Unions signatory to this
Agreement. If the Owner and the Unions are unable to agree upon the five
(5) panel members, they shall request the American Arbitration
Association to provide them with sufficient separate panels of
arbitrators so that five (5) permanent panel members may be selected.
Selection of the panel members shall be made by alternately striking
names from each panel provided. No more than one name from each panel
shall be selected, absent mutual agreement of the Parties. Designation
of the arbitrator from the panel to hear any grievance shall be by
rotation among the panel members. The rules of the American Arbitration
Association shall govern the conduct of the arbitration hearing. The
decision of the Arbitrator shall be final and binding on all parties.
All jointly incurred fees and expenses of such Arbitration shall be
borne equally by the Contractor and the involved Union(s).
(b) Failure of the grieving party to adhere to the time
limits established herein shall render the grievance null and void. The
time limits established herein may be extended only by written consent
of the parties involved at the particular step where the extension is
agreed upon. The Arbitrator shall have the authority to make decisions
only on issues presented to him, and he shall not have authority to
change, amend, add to or detract from any of the provisions of this
Agreement.
Section 4. The Construction Manager, the
Owner, and the City shall be notified of all actions at Steps 2 and 3.
and shall be permitted to participate in all proceedings at Steps 2 and
3.
Section 5. The City or the Task Force may file a
grievance under this Article for violations of Article III, Sections 3
and 4; Article IV, Sections 4, 5, 7 and 8; and Article X, Sections 2, 3,
5, 6, 7 and 8. Unions shall be subject to make-whole relief if
determined appropriate by an arbitrator. Unions that fail to fulfill
their obligations in good faith under the above-enumerated provisions of
this Agreement (as are applicable to them) may be referred to the Task
Force. If the Task Force determines that the Union has failed to fulfill
its obligations in good faith under the above-enumerated provisions of
this Agreement, the Task Force may refer the matter to. arbitration
under this Article. If the arbitrator determines that the Union has
failed to fulfill its obligations in good faith under the
above-enumerated provisions of this Agreement, the arbitrator may
require the Union, per violation, to pay the cost of enrolling one bona
fide District resident in a building trades pre-apprentice program. In
determining the extent of this specified community outreach, the
arbitrator shall consider the nature of the underlying grievance.
Contractors shall be subject to fines, up to 5% of the direct labor cost
of the Contractor's construction contract for the Project, for violation
of the above-enumerated provisions of this Agreement.
ARTICLE VIII
JURISDICTIONAL DISPUTES
Section 1. The assignment of work will be solely the
responsibility of the Contractor performing the work involved, and such
work assignments will be in accordance with the Plan for the Settlement
of Jurisdictional Disputes in the Construction Industry (the
"Plan") or any successor Plan.
Section 2. All jurisdictional disputes on this Project,
between or among the Unions and Contractors signatory to this Agreement,
shall be settled and adjusted according to the present Plan established
by the Building and Construction Trades Department or any other plan or
method of procedure that may be adopted in the future by the Building
and Construction Trades Department. Decisions rendered shall be final,
binding and conclusive on the Contractors and Unions party to this
Agreement.
Section 3. All jurisdictional disputes shall be resolved
without the occurrence of any strike, work stoppage, or slow down of any
nature, or other disruptive activity arising out of any jurisdictional
dispute or interruption in protest, and the Contractor's assignment
shall be adhered to until the dispute is resolved. Employees violating
this section shall be subject to immediate discharge.
Section 4. Each Contractor will conduct a pre job
conference with the Council (or MARCO if the work is carpentry-related)
no less than twenty (20) days prior to commencing work unless the
Council otherwise agrees in writing or unless emergency conditions exist
that require fewer days' notice to the Council. The Construction Manager
and the Owner will be advised in advance of all such conferences and may
participate if they wish. Absent the express written consent of the
Council, no work shall begin unless a timely pre-job conference has been
conducted.
ARTICLE IX
SUBCONTRACTING
Except as otherwise provided in Article II, the
Construction Manager agrees that neither it nor any Contractor will
subcontract any work to be done on the Project except to a person, firm
or corporation who is or agrees to become party to this Agreement. Any
Contractor working on the Project shall, as a condition to working on
said Project, become signatory to and perform all work under the terms
of this Agreement.
ARTICLE X
APPRENTICES AND TRAINING
Section 1. The Parties recognize the need to maintain
continuing support of programs designed to develop adequate numbers of
competent workers in the construction industry in the City. The Parties
further recognize that apprenticeship and training shall be offered
consistent with the applicable signatory Union's collective bargaining
agreement (see Appendix B) and consistent with the apprenticeship and
training programs currently maintained by the Joint Apprenticeship and
Training Committees sponsored by the Unions and their signatory
contractors.
Section 2. The Parties agree that, subject to any
restrictions contained in the law, Contractor(s) will employ apprentices
in the respective crafts which are performing work on the project, and
within the jurisdiction of the craft in which those apprentices are
working. The Parties further agree to a goal that apprentices will
perform up to twenty-five per cent (25%, equals one apprentice for every
three journey persons) of the total craft work hours unless the
applicable Union's collective bargaining agreement (see Appendix B)
provides for a greater percentage. The Union agrees to cooperate with
the Contractor in furnishing apprentices as requested and they shall be
properly supervised and paid in accordance with provisions contained
within the wages and benefits of this Agreement. Apprentices shall be
employed to perform work in all craft areas in accordance with the D.C.
Apprenticeship Council Rules and Regulations Apprenticeship Numerical Ratio of no more than one (1)
apprentice to every three (3) journeypersons employed throughout the
duration of the Project.
Section 3. Contractors will employ only bona fide City
residents as new apprentices (100% of all new apprentices shall be bona
fide City residents). For purposes of meeting this goal, a "new
apprentice" is defined as a bona fide City resident who is
indentured on or after the date the Contractor executes a Letter of
Acceptance agreeing to be bound by this Agreement. A Contractor failing
to meet this goal or demonstrate "good faith" efforts to do so
may be referred to the Task Force for assistance in meeting this goal or
other appropriate action. If a majority of the Task Force can make no
resolution, the issue may then be referred to binding arbitration by the
Task Force as provided for in Article VII, above, for an appropriate
resolution that may include monetary sanctions. In no event shall
sanctions exceed 5% of the direct labor costs of the Contractor's
construction contract for the Project. The arbitrator may only impose
monetary sanctions if it is shown that the Contractor failed to make
good faith efforts to comply with the hiring requirement. For the
purpose of resolution of any dispute arising under this Section, the
City shall be considered a party-in-interest with full rights of
participation in the arbitration proceeding.
Section 4. The Parties recognize that, under applicable
law, 50% of all apprenticeship hours performed pursuant to
apprenticeship programs related to the construction of the Project shall
be performed by bona fide City residents. Any Contractor that fails to
employ bona fide City residents to perform 50% of the Contractor's
apprenticeship hours will be subject to monetary sanctions of 5% of
direct and indirect cost of the contract, imposed on the Contractor by
the City's Contracting Officer for failure to make a good faith effort
to comply with this requirement. Such fines shall be remitted to DCDOES
to be applied to job training programs, subject to appropriations by
Congress. The Contractor shall reach this goal through the utilization
of the referral procedures set forth in this Agreement (where
applicable), and through normal apprentice procedures. Individuals who
are identified by the Parties, DCDOES and community-based organizations
as potentially qualified apprentices, will be referred to the
apprenticeship programs for review through the program's normal
apprentice procedures.
Section 5. All Contractors and Unions shall provide a
report to D.C. Office of Apprenticeship on the number of bona fide City
residents who applied for apprenticeship, the number of bona fide City
residents selected, and the reason(s) why those residents were not
selected. The Parties agree to provide such information to the City and
the Task Force as is available to them.
Section 6. All Contractors and Unions shall in
coordination with DCDOES plan and conduct three (3) apprenticeship
career fairs for each year of construction of the Project in a concerted
effort to recruit eligible City residents for apprenticeship
opportunities. These career fairs shall begin prior to beginning of work on the Project.
Section 7. Contractors and Unions shall encourage the
acceptance all bona fide City residents enrolled in the applicable
Union-sponsored preparatory apprenticeship training initiative, who
successfully complete the training and qualify for formal registered
apprenticeship programs. The Union's Business Manager shall recommend
such acceptance in writing directed to the Trustees of the Joint
Apprenticeship Training Fund or Committee, as applicable.
Section 8. Only those bona fide City residents who are
registered in bona fide apprenticeship programs shall be counted for
purposes of determining whether the apprenticeship requirements set
forth in this Article have been met.
ARTICLE. XI
WAGES AND BENEFITS
Section 1. Contractors shall pay the required wages and
benefits set forth in each Union's collective bargaining agreement (see
Appendix B), and any increases that may be negotiated with respect to
those agreements in the future. All Contractors agree to be bound by all
terms and conditions of the applicable fringe benefit trust agreements
and the fringe benefit contribution procedures applicable to all
contributing employers.
Section 2. If a Contractor becomes delinquent in the
payment of wages, fringe benefit contributions, or Task Force
contributions on the Project, the affected Union (or the Task Force, as
the case may be) shall promptly give written notice thereof to such
Contractor, and to the Construction Manager specifying the nature and
amount of such delinquency as nearly as can be ascertained. The
Construction Manager will, upon receipt of the notice specified herein,
withhold payment from any Contractor that has failed to make full
payments for wages and fringe benefit contributions required by this
Agreement. The amount withheld shall be no less than the amount of the
delinquency set forth in the notice.
ARTICLE XII
WORK RULES
The Contractors agree to be bound by each individual
Union's collective bargaining agreement for the work rules.
ARTICLE XIII
UNION SECURITY AND VOLUNTARY CHECK-OFF AUTHORIZATION
Section 1. All employees covered by this Agreement in the
employ of the Contractors shall remain members in good standing of the
Union during the term of this Agreement, and all employees hereinafter
employed by the Contractors shall become members of the Union seven (7)
days after the date of their employment and shall remain members of the
Union during the term of their employment on this Agreement, to the
extent allowed or permitted by law.
Section 2. In interpreting good standing, a Contractor
shall not discharge an employee for nonmembership in the Union (a) if it
has reasonable grounds for believing that such membership was not
available to the employee on the same terms or conditions generally
applicable to other members; or (b) that membership was denied or
terminated for reasons other than the failure of the employee to tender
the periodic dues and initiation fees uniformly required as a condition
of acquiring or retaining membership.
Section 3. Upon receipt of a voluntary written
authorization from the employee, the Contractor agrees to deduct and
forward to the Union any dues checkoff or working assessment required to
be paid in accordance with the provisions relating to dues checkoff and
working assessments in the Union's collective bargaining agreement.
ARTICLE XIV
HOURS OF WORK, OVERTIME, REPORTING PAY AND HOLIDAYS
Section l. (a) The normal workday shall be eight (8)
hours and the normal workweek shall be forty (40) hours, Monday through
Friday. Regular work hours will be between 5:30 a.m. and 5:30 p.m. plus
one-half (%z) hour unpaid for lunch approximately mid-way through the
shift, which may be changed by mutual agreement of the Union and the
Contractor. The Construction Manager may arrange for multiple shifts
outside of normal work hours: Saturday may be a make-up day on a
voluntary basis for weather-related lost time only, with no less than
eight (8) hours' work opportunity if called in. Makeup days shall be
paid as straight time unless otherwise required by law.
(b) If the Owner and the Project Contractor determine
that it would be beneficial to the Project, the Contractor may implement
a four (4) ten-hour day workweek or a five (5) ten-hour workweek
(exclusive of one-half hour unpaid lunch approximately mid-way through
the shift) after providing three (3) days notice to the Union. Once
established, a four-ten or five-ten workweek shall remain in effect for
at least four (4 or 5) consecutive working days. Regular working hours
during the four/ten workweek will be between 5:30 a.m. and 5:00 p.m.,
Monday through Friday. Saturday may be a make-up day on a voluntary
basis for weather-related lost time only, with no less than ten (10)
hours work opportunity if called in.
(c) A uniform starting time will be
established for each craft or segment of the work. The Union(s) shall be
informed of the work starting time set by the Contractor at the pre job
conference.
Section 2. (a) The need to work overtime will be
determined by the Contractor. The Contractor will determine the
distribution of approved overtime work. Overtime shall be paid
consistent with the applicable Union's collective bargaining agreement
(see Appendix B).
Section 3. When an employee reports for work at the time
and place specified by the Contractor and he is not put to work or he
works less than two (2) hours, he shall be paid for two (2) hours at the
applicable straight time rate of pay. For all other minimum pay
requirements, refer to Union's applicable collective bargaining
agreement (see Appendix B).
Section 4. The recognized holidays shall be the day
celebrated as such by the Federal Government for New Year's Day, Martin
Luther King's Birthday, Inauguration Day, Memorial Day, Fourth of July,
Labor Day, Veterans' Day, Thanksgiving Day, the Friday after
Thanksgiving, and Christmas Day. Payment for holidays shall be
determined by reference to the applicable Union's collective bargaining
agreement (see Appendix B).
Section 5. There shall be a paid ten (10) minute break
two (2) hours after the start of shift. There shall be a thirty (30)
minute unpaid lunch period to be mutually agreed upon, provided,
however, that employees shall be back at their work location and ready
to resume work promptly at the end of such break periods. Payment for
and all practices regarding clean-up time shall be determined by
reference to the applicable Union's collective bargaining agreement.
Section 6. The Unions will use their best efforts to
provide sufficient manpower to work on multiple shifts if the Contractor
or the Owner determines that multiple shifts are necessary. Employees on
a second shift shall receive eight (8) hours pay for a seven and
one-half (7 %:) hour shift and shall also receive 10% premium pay for each hour worked. Employees on a
third shift shall receive eight (8) hours pay for a seven (7) hour shift
and shall also receive 10% premium pay for each hour worked. The
Contractor shall notify the Union with two (2) days notice of the
starting and quitting time of all second or third shifts in advance of
initiation of said shifts.
ARTICLE XV
SAFETY AND HEALTH
Section 1. The employees covered by the terms of this
Agreement shall at all times while in the employ of the Contractor be
bound by the safety rules and regulations as established by the
Contractor in accordance with the Construction Safety Act and OSHA.
These rules and regulations will be published and posted at conspicuous
places throughout the Project.
Section 2. In accordance with the requirements of OSHA,
it shall be the exclusive responsibility of each Contractor on a jobsite
to which this Agreement applies, to assure safe working conditions for
its employees and compliance by them with any safety rules contained
herein or established by the Contractor. Nothing in this Agreement will
make any signatory Union liable to any employees or to other persons in
the event that injury or accident occurs. Each Contractor will be
responsible for supplying all safety equipment to its employees.
ARTICLE XVI
SUMMER YOUTH PROGRAM
The Council agrees that it will sponsor and finance a six
(6) week summer youth program during the summers of 2006 and 2007 for
fifteen (15) bona fide City residents who are between the ages of 16 and
18 and who have demonstrated an interest in a career in the building
trades. Over the course of each summer, the program will include
classroom presentations relating to the building trades, visits to the
training facility of each Council affiliate, and participation in other
activities related to career opportunities in the Washington area
building trades. Each youth participant will receive the D.C. minimum
wage for all hours of attendance in the program (not to exceed 8 per
day, 40 hours per week).
ARTICLE XVII
NON-DISCRIMINATION
Section 1. The Contractor and Union
agree that they will not discriminate against any employee or applicant
for employment because of any reason prohibited by applicable federal,
state or City law.
Section 2. Any reference in this
Agreement to the male gender shall be deemed to include the female
gender.
ARTICLE XVIII
GENERAL SAVINGS CLAUSE
If any Article or provision of this Agreement shall be
declared invalid, inoperative, or unenforceable by any competent
authority of the executive, legislative, judicial or administrative
branch of the federal or any state government, the Contractor and the
Union shall suspend the operation of such Article or provision during the period of its invalidity and shall substitute
by mutual consent in its place and stead, an Article or provision which
will meet the objections to its validity and which will be in accord
with the intent and purpose of the Article or provision in question. Any
final determination that any provision of this Agreement violates any
law or is otherwise not binding and enforceable shall have no effect on
the validity of the remaining provisions of this Agreement.
ARTICLE XIX
TERM OF AGREEMENT
This Agreement will remain in effect until final
acceptance of the completed Project by the Owner, at which time the
Agreement will terminate.
IN WITNESS WHEREOF, the Parties have executed this
Agreement this ____ day of ____, 200_.
CONSTRUCTION MANAGER:
UNIONS:
Washington, DC Building and Construction Trades Council:
Local #24, Asbestos Workers:
Local #1, Bricklayers and Allied Craft Workers
Local #26, Electrical Workers:
Local #5, Iron Workers:
Local #657, Laborers:
Local #77, Operating Engineers:
Local #891, Operative Plasterers & Cement Masons:
Painters District Council #51:
Local #5, Plumbers:
Local #201, Reinforced Rodmen:
Local #30, Roofers & Waterproofers:
Local #100, Sheet Metal Workers:
Local #669, Sprinkler Fitters:
Local #602, Steamfitters:
Local #639, Teamsters:
Mid Atlantic Regional Council of Carpenter
Pile Drivers
Concrete Carpenters
Interior Systems Carpenters
Millwork Carpenters
General Carpenters
Carpet Layers
Floor Layers
Furniture Installers
Mill Wrights
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