HomeMy WebLinkAboutItem 6f. Approve a Community Workforce Agreement (CWA) for the Prado Road Interchange and Public Safety Center Projects Item 6f
Department: Public Works
Cost Center: 5001
For Agenda of: 1/23/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Brian Nelson, Deputy Director of Public Works and City Engineer
SUBJECT: APPROVE A COMMUNITY WORKFORCE AGREEMENT FOR THE
PRADO ROAD INTERCHANGE AND PUBLIC SAFETY CENTER
PROJECTS
RECOMMENDATION
Authorize the Mayor to enter into a Community Workforce Agreement with the Tri -
Counties Building and Construction Trades Council, AFL-CIO and the Signatory Craft
Councils and Unions for the Prado Road Interchange and Public Safety Center projects.
POLICY CONTEXT
Consistent with the Council’s adopted 2021 -23 Major City Goal of Economic Recovery,
Resiliency, and Fiscal Sustainability work program, a Study Session held on Septe mber
21, 20211, and Council meetings held on April 192 and July 19, 20223, Council authorized
staff to negotiate a Community Work Force Agreement (CWA) with the Tri -Counties
Building and Construction Trades Council (the Trades Council). Council specifical ly
directed staff to include the Prado Road Interchange and Public Safety Center projects,
including a 50% local worker participation goal and excluding prevailing wage services
provided through professional services agreements.
REPORT-IN-BRIEF
The purpose of this item is for Council to consider the tentative agreement negotiated
between City staff and Trades Council representatives and, if acceptable, authorize the
Mayor to enter into a Community Workforce Agreement for the proposed Prado Road
Interchange and Public Safety Center projects, subject to final approval as to form by the
City Attorney.
1 Strategies to Support Local Contractors, Vendors, and Labor on Public Projects: https://pub-
slocity.escribemeetings.com/filestream.ashx?DocumentId=1473
2 Community Workforce Agreements: Phase 2 Data Analysis, Outreach, and Draft Policy Development:
https://pub-slocity.escribemeetings.com/filestream.ashx?DocumentId=3424
3Direction on Terms of a Community Workforce Agreement for the Cultural Arts District Parking Structure:
https://pub-slocity.escribemeetings.com/filestream.ashx?DocumentId=5251
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Item 6f
Based on an extensive stakeholder outreach process and a detailed review of past City
Capital Improvement Program (CIP) projects, staff believes implementation of a CWA for
these two large projects would help advance Council’s primary objective of increasing
employment of local residents on the covered projects.
The agreement outlines basic terms related to union activities, project labor procurement
and referral protocols, work stoppage, wages and benefits, management rights, dispute
resolution, covered employees, and other terms identified in Articles 1 -20 of the CWA and
the related attachments. The CWA was negotiated by negotiating teams representing
the City and the Trades Council following direction provided by City Council on April 19
and July 19, 2022.
DISCUSSION
1. Background
1.1. Workforce Agreement Task in Major City Goal
With the adoption of the 2021 -23 Financial Plan, Council established a Major City Goal
(MCG) of Economic Recovery, Resiliency, and Fiscal Sustainability. To help achieve this
goal, Council outlined a specific task to research methods to support the participation of
local contractors, local vendors, and local labor in public projects through workforce
agreements, local purchasing requirements, and alternative project delivery methods.
This work effort has been broken into three general phases:
Phase 1 (complete). Council Study Session to provide input and guidance on the
work effort and develop a project plan based on Council feedback. The Study
Session was held in September 2021.
Phase 2 (complete). As framed by input and guidance from the p hase one Study
Session, develop a policy framework for Community Workforce Agreements
(CWAs), alternative project delivery, and local purchasing. Within this policy
framework, identify CWA negotiating objectives for Council consideration.
Phase 3 (current phase). Council consideration of programs and policies, and
direction for implementation of the same.
This report focuses on the negotiation and proposed implementation of a CWA.
1.2. Definition and Purpose of a CWA
CWAs, sometimes referred to as Project Labor Agreements, or Project Stabilization
Agreements, are "pre-hire" collective bargaining agreements between a project owner,
contractors and building and construction trade unions. A CWA establishes standard
terms and conditions of employment for a qualified construction project, including work
conditions, hiring procedures, wages and benefits, management rights, dispute resolution
procedures, and procedures to prevent work stoppages.
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In addition, CWAs often include provisions to promote participation in covered projects by
targeted workers and demographics, including residents, apprentices, historically
underutilized or underrepresented groups, and veterans. CWAs may apply to a single
project, projects with budgets over a specified threshold, projects of a specific type, or all
projects undertaken by a project owner. Once adopted, CWAs are included in the bid
documents for covered projects, and the provisions apply to the prime contractor,
subcontractors of every tier, and workers for which prevailing wage determinations have
been established by the California Department of Industrial Relations.
1.3. City Experience with a CWA
The City previously negotiated and entered a CWA with the Tri-Counties Building and
Construction Trades Council (Trades Council) for the SLO Water Plus Project (i.e., WRRF
Upgrade) in December 2018 to advance the objective defined by the Council of
maximizing local employment. This was the first such agreement the City has approved
and included a local worker participation goal of 30%.
By September 2022, approximately 83% of all labor hours (approximately 161,400 local
hours out of 195,250 total hours) on the SLO Water Plus Project have been performed
by workers residing in San Luis Obispo, Santa Barbara, Monterey, and Ventura Counties
(defined in the CWA as "local workers"), representing a significant reinvestment of
construction expenditures into the local economy. Table 1 presents the labor hours
worked by residents of each tier on the SLO Water Plus Project.
Table 1. SLO Water Plus Project Labor Hours by Tier
No. Tier Description Labor
Hours1
% of Total
Labor Hours
1 1 City of San Luis Obispo 8,325 4%
2 2 San Luis Obispo County 96,635 50%
3 3 Monterey and Santa Barbara Counties 56,349 29%
4 4 Ventura County 92 <1%
5 N/A Non-Local 33,848 17%
6 TOTAL 195,249 100%
1Labor hours reported through September 30, 2022
1.4. CWA Alignment with Major City Goal
The City's ongoing Capital Improvement Program (CIP) includes several large
construction projects that will provide the infrastructure required for economic vitality,
neighborhood wellness, transportation, and public safety. These public projects present
an opportunity to continue enhancing the employment of residents by implementing a
CWA with the Trades Council that includes a local worker participation goal.
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1.5. Previous Council Direction
A Study Session was held on September 21, 2021, to present strategies identified by staff
to support the local economy. The Study Session included a guided discussion with a
series of questions intended to determine Council’s preferred strategies and
implementation priorities, and to inform the subsequent phases of the work program. The
following feedback/direction was provided to staff during the Study Session:
1. Council supported analysis and implementation of the draft strategies as separate
work efforts.
2. Council confirmed that its primary objective in considering impl ementation of a
more broadly applicable CWA is to prioritize employment of local workers.
3. Council recommended using the SLO Water Plus CWA as a model for a future
CWA.
4. Council recommended the CWA evaluation include consideration of appropriate
cost thresholds and types of projects for inclusion in the CWA.
5. Council identified additional stakeholders to be included in the stakeholder
outreach effort.
Following the Study Session, staff performed extensive stakeholder outreach and
analyzed actual local hiring totals for a representative group of past City CIP projects to
determine historical local worker participation and inform recommended CWA negotiating
objectives. The stakeholder outreach process, historical CIP project review, and the
resulting staff recommendations were presented to Council on April 19, 2022. The
following feedback/direction was provided to staff during the April 2022 Council meeting:
1. Staff was authorized to negotiate a CWA with the Trades Council to include the
Cultural Arts District Parking Structure (vertical construction component only),
Prado Road Interchange, and Public Safety Center projects, including a 60% local
worker participation goal and excluding prevailing wage services provided through
professional services agreements;
2. The deadline to reach an agreement with Tri-Counties Building and Construction
Trades Council is July 19, 2022, for the three legacy projects;
3. Staff should revisit CIP projects that could benefit from a CWA with each 2 -year
Financial Plan;
4. Staff should continue to track use of local workers in all CIP projects as part of key
performance indicators;
5. Staff should revisit the continued use of CWAs after bidding of last legacy project;
and
6. Staff should ensure the trades and businesses continue to coordinate with Cal
Poly, Cuesta, Hancock and high schools for workforce development.
After the April 2022 Council meeting, staff initiated negotiations with the Trades Council;
however, the City and Trades Council negotiating teams were unable to reach tentative
agreement by the July 19, 2022, deadline established by Council (the negotiation process
is described in greater detail in the following section of the report). A summary of the
negotiation status and outstanding issues was presented to Council on July 19, 2022.
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The following feedback/direction was provided to staff during the July 2022 Council
meeting:
1. Based on the substantive differences on three issues of significance and the time
constraints surrounding the bidding and contracting associated with the Cultural
Arts District Parking Structure, Council acknowledged that the CWA would not
apply to the Cultural Arts District Parking Structure in order to remain on schedule;
and
2. Staff should continue to dialogue with the Trades Council for the Prado Road
Interchange and Public Safety Center projects to determine if progress could be
made on the open issues.
In accordance with Council’s direction, staff re-engaged with the Trades Council to reach
consensus on the outstanding issues as described further below.
2. Negotiation Process
CWA negotiations began in June 2022 following Council direction provided at the April
2022 Council meeting. The City Attorney’s office formed a negotiating team compr ised
of the City Attorney, Mike Vlaming of Vlaming and Associates, and Justin Pickard of Water
Systems Consulting, Inc., with support from Assistant City Manager Shelly Stanwyck and
Public Works Director Matt Horn. Mr. Vlaming and Mr. Pickard were include d in the
negotiating team based on their expertise with CWAs and their previous experience
supporting the City during negotiations for the SLO Water Plus Project. The Trades
Council’s negotiating team included Ray Van der Nat, the attorney for the Trades Council;
Joshua Medrano, the Executive Secretary of the Trades Council; and Martin Rodriguez,
Business Agent for the Iron Workers Union Local 433.
The SLO Water Plus CWA was used as the model for negotiating the new agreement,
which streamlined the negotiating process and allowed the negotiating teams to identify
key issues on which to focus discussions in a relatively short timeframe. A draft CWA
provided by the Trades Council in March 2022 was reviewed by the City’s team and a
counterproposal was prepared and transmitted to the Trades Council prior to the first
negotiation meeting held on June 23, 2022. Following the negotiation meeting, the
Trades Council transmitted their first counterproposal, which was followed shortly by a
counterproposal from the City and a best and final proposal by the Trades Council.
The negotiating teams were unable to reach agreement on several issues prior to the July
19, 2022, deadline for inclusion of the Cultural Arts District Parking Structure Project in
the agreement as detailed in the July 19th Council Agenda Report. The City’s negotiating
team re-initiated negotiations with the Trades Council after the July 2022 Council meeting
in accordance with Council’s direction, and tentative agreement was ultimately reached
during a negotiation meeting held on November 30, 2022.
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3. Key Provisions
The following sections detail several key provisions included in the final, negotiated
CWA included in this report as Attachment A.
1.6. Core Workers
CWAs designate trade unions as the exclusive source of craft labor on covered projects
and union referral systems must be used exclusively by the general contractor and
subcontractors of all tiers to obtain craft labor. The CWA includes provisions that allow
local (based in the City of San Luis Obispo or San Luis Obispo County), non -union
contractors to directly employ up to three of their long-standing, or “core workers,” before
being required to use the union referral system. After employing three initial core workers,
local area contractors can continue employing core workers on a one -to-one ratio with
union referrals until a maximum of seven core workers have been employed. After seven
core workers have been employed, any additional employees must be obtained through
the standard union referral system. Non-local, non-union contractors can employ core
workers on a one-to-one ratio with union referrals until a maximum of five core employees
is reached. These core worker provisions will preserve the ability of non -union
contractors to continue utilizing their key staff on covered projects.
1.7. Local Worker Participation
Pursuant to Council direction, the City’s primary objective in negotiating a CWA with the
Trades Council was to maximize employment opportunities on several of the City’s largest
CIP projects for local residents. The CWA includes provisions that allow unions to
prioritize referral of local residents when workers are dispatched to covered projec ts,
rather than following normal referral procedures which are typically based on an “out -of-
work list” (i.e., workers who have been waiting the longest to be dispatched to a project
are the first to be referred). This prioritized dispatch of local workers is not possible absent
a CWA. A 50% local worker participation goal is included in the proposed CWA.
1.8. Construction Inspection, Materials Testing, and Land Surveying
Construction inspection, materials testing, and land surveying services procured by the
City through professional services agreements are excluded from coverage by the CWA.
While prevailing wage determinations have been established for these crafts, the services
are considered critical quality assurance and quality control functions that he lp ensure
City control over project quality, budget, and schedule. Exclusion of these services from
coverage by the agreement will preserve City control over essential QA/QC functions and
help mitigate concerns raised by professional services providers during the stakeholder
outreach process. Should inspection, materials testing, or land surveying services be
procured by the general contractor or subcontractors, these services would be covered
by the agreement.
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1.9. Work Stoppages
The CWA includes provisions expressly prohibiting strikes, picketing, work stoppages,
slowdowns, and lockouts to prevent interruptions to the work, with limited exceptions.
While work stoppages have been infrequent among construction trade unions in recent
years, work stoppage and dispute resolution provisions in the CWA will help ensure
continuation of work on covered projects in the event of a strike.
1.10. Community Workforce Coordinator
The City will designate a Community Workforce Coordinator to administer the CWA on
its behalf for the covered projects. The Community Workforce Coordinator would be an
outside consultant with specific experience administering CWAs, and would work with the
general contractors, subcontractors, and trade unions to implement the requirements of
the agreement and help the parties achieve the established local worker participation
goal. The Community Workforce Coordinator can also perform key labor compliance
functions to reduce the administrative burden on City staff and monitor contractor
compliance with California Labor Code requirements.
4. Summary and Recommendation
The final, negotiated CWA reflects concessions by both the City and the Trades Council;
however, the agreement meets Council’s primary goal of maximizing employment of local
workers on several of the City’s largest CIP projects. The City Attorney’s office and Public
Works staff will collaborate with the Trades Council, affiliated unions, and project
contractors to successfully implement the agreement and meet the local worker
participation goals.
Staff recommends Council authorize the Mayor to enter into a Community Workforce
Agreement in a final form approved by the City Attorney (substantially in the form provided
as Attachment A) with the Tri-Counties Building and Construction Trades Council, AFL-
CIO and the Signatory Craft Councils and Unions for the Prado Road Interchange and
Public Safety Center projects.
Public Engagement
Extensive public engagement and stakeholder outreach was performed in winter 2021/22
and spring 2022 as part of the CWA evaluation that culminated with the April 19, 2022,
City Council Meeting and Council Agenda Report. Feedback from the stakeholder
outreach process was used to inform the negotiation objectives approved by Council
which are reflected in the final, negotiated agreement.
CONCURRENCE
The Administration Department, City Attorney, and Community Services Group concur
with the recommendations of this report.
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Item 6f
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
action in this report, because the action does not constitute a “Project” under CEQA
Guidelines Section 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $42,393 $19,655
Water Fund $10,598 $4,914
Sewer Fund $10,598 $4,914
Parking Fund $7,065 $3,276
Total: $70,655 $32,758
The appropriated budget for FY2022-23 allocated $70,655 in operating budget to hire
necessary consultant support for this ongoing effort, with costs proportionally shared
between the General Fund and three enterprise funds – Water, Sewer, and Parking. To
date, $37,897 has been expended to cover consultant cost s. Budget has been reserved
for implementation of the CWA based upon Council’s preferred action, including work to
develop procedures for implementation of CWAs on covered projects. The costs of
implementation in the long term, which include consultant support for CWA contract
oversight during project construction, would be applied to the covered Capital Projects
and be incorporated into the project construction budget. Estimated administrative costs
of a CWA range from 0.25% to 5% of total construction cos t, with lower percentages for
large multi-year projects such as the Prado Road Interchange and Public Safety Center
projects.
ALTERNATIVES
Elect not to enter into the CWA with the Tri Counties Building and Construction
Trades Council. Council may choose not to approve execution of the CWA at this time.
Council may select this alternative if it believes additional negotiations with the Trades
Council are warranted or if a CWA would not benefit future City CIP projects. This
alternative is not recommended as the final, negotiated agreement is anticipated to help
realize Council’s goal of increasing local worker participation on the covered projects.
ATTACHMENTS
A – Community Workforce Agreement for the Prado Road Interchange and Public Safety
Center projects
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COMMUNITY WORKFORCE AGREEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
THE TRI COUNTIES BUILDING & CONSTRUCTION
TRADES COUNCIL, AFL-CIO
AND
THE SIGNATORY CRAFT COUNCILS AND UNIONS
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City of San Luis Obispo 2 Community Workforce Agreement
TABLE OF CONTENTS Page
ARTICLE 1 INTENT AND PURPOSE 5
ARTICLE 2 SCOPE OF AGREEMENT 6
ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 10
ARTICLE 4 UNION ACCESS AND STEWARDS 15
ARTICLE 5 WAGES AND BENEFITS 16
ARTICLE 6 WORK STOPPAGES AND LOCKOUTS 18
ARTICLE 7 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 22
ARTICLE 8 MANAGEMENT RIGHTS 22
ARTICLE 9 SETTLEMENT OF GRIEVANCES AND DISPUTES 24
ARTICLE 10 REGULATORY COMPLIANCE 26
ARTICLE 11 SAFETY AND PROTECTION OF PERSON AND PROPERTY 27
ARTICLE 12 TRAVEL AND SUBSISTENCE 28
ARTICLE 13 APPRENTICES 28
ARTICLE 14 PRE-JOB CONFERENCES 29
ARTICLE 15 LABOR/MANAGEMENT COOPERATION 30
ARTICLE 16 SAVINGS AND SEPARABILITY 30
ARTICLE 17 WAIVER 31
ARTICLE 18 AMENDMENTS 31
ARTICLE 19 ENTIRE AGREEMENT 31
ARTICLE 20 DURATION OF THE AGREEMENT 32
ATTACHMENT A – LETTER OF ASSENT 34
ATTACHMENT B – LOCAL RESIDENT ZIP CODES 35
ATTACHMENT C – CRAFT EMPLOYEE REQUEST FORM 36
ATTACHMENT D – DRUG AND ALCOHOL TESTING POLICY 38
ATTACHMENT E – MASTER LABOR AGREEMENTS 46
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City of San Luis Obispo 3 Community Workforce Agreement
CITY OF SAN LUIS OBISPO
COMMUNITY WORKFORCE AGREEMENT
This Community Workforce Agreement (hereinafter, “Agreement”) is entered into by
and between the City of San Luis Obispo and its successors or assigns, (“City”), the Tri Counties
Building & Construction Trades Council, AFL-CIO (the “Council”), and the signatory Craft
Councils and Unions signing this Agreement (hereinafter together with the Council, collectively,
the “Unions”). This Agreement establishes the labor relations guidelines and procedures for the
City and for the Contractors and craft employees represented by the Unions and engaged in
Project Work. The City, Council, Unions, and Contractors that become signatory to this
Agreement by executing the Letter of Assent are hereinafter referred to herein, as the context
may require, as “Party” or “Parties.”
The Parties to this Agreement understand that if this Agreement is acceptable to the City,
the policy of the City will be for the Project Work to be contracted exclusively to Contractors
who agree to execute and be bound by the terms of this Agreement, directly or through the Letter
of Assent (a form of which is attached as “Attachment A”), and to require each of its
subcontractors, of whatever tier, to become bound. The City shall include, directly or by
incorporation by reference, the requirements of this Agreement in the advertisement of and/or
specifications for each and every contract for Project Work to be awarded by the City.
The City shall actively administer and enforce the obligations of this Agreement to
ensure that the benefits envisioned from it flow to all signatory Parties, the Contractors and crafts
persons working under it, and the residents of the City. The City shall therefore designate a
“Community Workforce Coordinator,” either from its own staff or an independent contractor
acting on behalf of the City, who will, with the support of the Contractors and Unions, monitor
compliance with this Agreement; assist, as the authorized representative of the City, in
developing and implementing the programs referenced herein, all of which are critical to
fulfilling the intent and purposes of the Parties and this Agreement; and to otherwise implement
and administer this Agreement.
The term “Apprentice” as used in this Agreement shall mean those employees registered
and participating in Joint Labor/Apprenticeship Programs approved by the Division of
Apprenticeship Standards, Department of Industrial Relations of the State of California, and the
Federal Department of Labor to the extent required by any Project funding source.
The term “Contractor” as used in this Agreement includes any individual, firm,
partnership, or corporation, or combination thereof, including joint ventures, which as an
Independent Contractor has entered into a contract with the City with respect to the Project
Work, or with another Contractor as a subcontractor of whatever tier utilized by such Contractors
for Project Work.
The term “Joint Labor/Apprenticeship Program” or “Approved Apprenticeship
Programs,” as used in this Agreement means a joint Union and Contractor administered
apprenticeship program certified by the Division of Apprenticeship Standards, Department of
Industrial Relations of the State of California, and the Federal Department of Labor to the extent
required by any Project funding source.
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City of San Luis Obispo 4 Community Workforce Agreement
The term “Local Area Resident” as used in this Agreement means a qualified person
whose principal residence is located within the territory covered by the zip codes contained in
Appendix B to this Agreement in priority order.
The term “Local Area Contractor” as used in this Agreement means a construction
contracting entity whose principal place of business is located within the territory of Tier 1 or
Tier 2 contained in Appendix B to this Agreement and has so located and continuously operated
for a period of at least one (1) year prior to the award of Project Work.
The term “Letter of Assent” as used in this Agreement means the document that each
Contractor (of any tier) must sign and submit to the Community Workforce Coordinator and the
Council, before beginning any Project Work, which formally binds them to adhere to all
applicable forms, requirements and conditions of this Agreement, in the form of the letter
attached hereto as Attachment A.
The term “Project” or “Project Work” as used in this Agreement means the City’s
construction, abatement, demolition, renovation, rehabilitation, upgrade and improvement work,
and new construction as described in Section 2.2 of this Agreement and as contracted out by the
City.
The terms “Master Labor Agreements” or “MLAs,” as used in this Agreement, means the
local collective bargaining agreements of the signatory Unions having jurisdiction over the
Project Work and which have signed this Agreement. A list of the applicable MLAs are attached
hereto as Attachment E.
The term “Subscription Agreement” means the contract between a Contractor and a
Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate
fringe benefit contributions in accordance with the terms of MLA.
The Union and all Contractors agree to abide by the terms and conditions of this
Agreement and agree that this Agreement represents the complete understanding of the Parties.
No Contractor is or will be required to sign or otherwise become a party to any other collective
bargaining agreement with a signatory Union as a condition of performing work within the scope
of this Agreement.
The Parties agree that this Agreement will be made available to, and will fully apply to,
any successful bidder for Project Work, without regard to whether that successful bidder
performs work at other sites on either a union or non-union basis. This Agreement shall not
apply to any work of any Contractor other than that on Project Work specifically covered by this
Agreement.
The use of masculine or feminine gender or titles in this Agreement should be construed
as including both genders and not as gender limitations unless the Agreement clearly requires a
different construction. Further, the use of Article titles and/or Section headings are for
information only and carry no legal significance.
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City of San Luis Obispo 5 Community Workforce Agreement
ARTICLE 1
INTENT AND PURPOSE
Section 1.1 Identification and Retention of Skilled Labor and Employment of Local Area
Residents: The construction and capital improvement work scheduled to be performed by the
City will require large numbers of craft personnel and other supporting workers. The parties
understand and intend to use the opportunities provided by the extensive amount of work to be
covered by this Agreement to identify and promote, through cooperative efforts, programs and
procedures (which may include, for example, programs to prepare persons for entrance into
formal apprenticeship programs, or outreach programs to the community describing
opportunities available as a result of the Project), the interest and involvement of Local Area
Residents in the construction industry; assist them in entering the construction trades, and
through utilization of the approved apprenticeship programs, provide training opportunities for
those Local Area Residents and other individuals wishing to pursue a career in construction.
Further, with assistance of the Community Workforce Coordinator, the City, the Contractors, the
Unions and their affiliated regional and national organizations, will work jointly to develop and
implement procedures promptly for the identification of craft needs, the scheduling of work to
facilitate the utilization of available craft workers, and to secure the services of craft workers in
sufficient numbers to meet the high demands of the Project Work to be undertaken.
Section 1.2 Encouragement of Local Area Contractors: The Project will provide many
opportunities for local contractors and suppliers to participate, and the parties therefore agree that
they will cooperate with all efforts of the City, the Community Workforce Coordinator, and other
organizations retained by the City for the purpose of encouraging and assisting the participation
of such businesses in Project Work. The parties shall ensure that the provisions of this
Agreement do not inadvertently establish impediments to the participation of Local Area
Contractors and Local Area Residents.
Section 1.3 Project Cooperation: The Parties recognize that the construction to take place
under this Agreement involves unique and special circumstances which dictate the need for the
Parties to develop specific procedures to promote high quality, rapid and uninterrupted
construction methods, and practices. The smooth operation and cost effective, successful and
timely completion of the work is vitally important to the City. The Parties therefore agree that
maximum cooperation among all parties involved is required; and that with construction work of
this magnitude, with multiple contractors and crafts performing work on multiple sites over an
extended period of time, all Parties agree to work in a spirit of harmony and cooperation, and
with an overriding commitment to maintain the continuity and timely completion of Project
Work.
Section 1.4 Workers' Compensation Carve-out: Further, the Parties recognize the potential
which the Project may provide for the implementation of a cost-effective workers' compensation
system as permitted by California Labor Code, Section 3201.5, as revised. Should the City
request, the Union parties agree to meet and negotiate in good faith with representatives of the
City for the development, and subsequent implementation, of an effective program involving
improved and revised dispute resolution and medical care procedures for the delivery of
workers’ compensation benefits and medical coverage as permitted by the Code.
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City of San Luis Obispo 6 Community Workforce Agreement
Section 1.5 Peaceful Resolution of All Disputes: In recognition of the special needs of the
Project and to maintain a spirit of harmony, labor-management peace and stability during the
term of this Community Workforce Agreement, the Parties agree to establish effective and
binding methods for the settlement of all misunderstandings, disputes and grievances; and in
recognition of such methods and procedures, the unions agree not to engage in any strike,
slowdowns, interruptions, or disruption of Project Work, and the contractors agree not to engage
in any lockout, or any other action impairing or impeding the Project Work.
Section 1.6 Binding Agreement on Parties and Inclusion of Local Area Residents and
Businesses: By executing this Agreement, the City, Council, Unions and Contractors agree to be
bound by each and all of the provisions of this Agreement, and pledge that they will work
together to adopt, develop, and implement processes and procedures which are inclusive of the
Local Area Residents and Local Area Contractors.
ARTICLE 2
SCOPE OF AGREEMENT
Section 2.1 General: This Agreement shall only apply to work which is contracted out by the
City, as specified in Section 2.2 of this Article, performed by those Contractor(s) of whatever tier
that have contracts awarded for such work.
Section 2.2 Specific: The Projects are defined and limited to:
2.2.1 All construction, abatement, demolition, renovation, rehabilitation, upgrade and
improvement work and new construction to be performed pursuant to or under a contract with
the City for the Prado Road Interchange and Public Safety Center Projects, as finally approved
and constructed, and all subcontracts flowing from these contracts (“Project Work”), are covered
under this Agreement.
2.2.2 The Parties understand that the City may at any time, and at its sole discretion,
determine to build segments of the Project under this Agreement which were not currently
proposed, or to modify or not to build any one or more particular segments proposed to be
covered. It is understood by the Parties that the City may at any time, and at its sole discretion,
add additional projects under this Agreement not otherwise covered by this Agreement.
Section 2.3 Exclusions: Items specifically excluded from the Scope of this Agreement
include the following:
2.3.1 Work of non-manual employees, including but not limited to: superintendents;
administrators; supervisors; time keepers; mail carriers; clerks; office workers; messengers;
guards; safety personnel; emergency medical and first aid technicians; and other professional,
engineering, administrative, supervisory and management employees;
2.3.2 Equipment and machinery operated by the City;
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City of San Luis Obispo 7 Community Workforce Agreement
2.3.3 All off-site manufacture and handling of materials, equipment, or machinery;
provided, however, that lay down or storage areas for equipment or material and manufacturing
(prefabrication) sites, dedicated solely to the Project or Project Work, and the movement of
materials or goods between locations on a Project site are within the scope of this Agreement;
2.3.4 All employees of the City, Community Workforce Coordinator, design teams
(including, but not limited to, architects, engineers and master planners), or any other consultants
or service providers contracted directly with the City (including, but not limited to, project
managers and construction managers, Surveyors, Building/Construction Inspectors, and Field
Soils and Material Testers, and their employees) and their sub-consultants, and other employees
of professional service organizations who provide services to the City through professional
services agreements. However, to the extent that services are performed under a construction
contract with the Contractor awarded the Project Work or a related construction subcontract, this
Agreement shall include the classifications of Surveyor, Building/Construction Inspector and
Field Soils and Material Testers (Inspectors) as a covered craft under this Agreement as applied
to the scope of work defined in the Master Labor Agreement for said craft and shall also
specifically include such work where it is referred to by utilization of such terms as “quality
control” or “quality assurance.” In that circumstance, every Surveyor, Building/Construction
Inspector performing work under these classifications pursuant to a construction contract with a
Contractor for Project Work shall be bound to all applicable requirements of this Agreement;
2.3.5 Any work performed on or near or leading to or into a site of work covered by
this Agreement and undertaken by state, county, city, California Polytechnic University, or other
governmental bodies, or their Contractors or consultants; or by public utilities, or their
Contractors or consultants; and/or by the City or its Contractors or consultants (for work that is
not within the scope of this Agreement);
2.3.6 Off-site maintenance of leased equipment and on-site supervision of such work;
2.3.7 It is recognized that certain equipment and systems of a highly technical and
specialized nature will have to be installed at the Project. The nature of the equipment and
systems, together with requirements of manufacturer’s warranty, may dictate that it be
prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and
direction of the Owner’s and/or manufacturer’s personnel. The Unions agree to install such
material, equipment and systems without incident, or allow such installation to be performed by
the manufacturer’s employees or a contractor certified by the manufacturer where the Unions are
unable to perform such work or the warranty requires the work to be performed by the
employees of the manufacturer or a contractor certified by the manufacturer. If a warranty on the
manufacturer’s specialty or technical equipment or systems purchased by the Owner requires that
the installation of such specialty or technical equipment or system be performed by the
manufacturer’s own personnel, then such installation may be performed by the manufacturer’s
own personnel. If a warranty on the manufacturer’s specialty or technical equipment or systems
purchased by the Owner requires that the installation of such specialty or technical equipment or
system be performed by a contractor certified by the manufacturer, and there are no Union
signatory contractors certified by the manufacturer to install and/or perform such work, then such
installation may be performed by such certified contractor. The Contractor shall notify the
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Unions at the pre-job conference of the use of this provision and shall provide copies of the
written warranty that require that the work be performed by the manufacturer’s own personnel,
or a contractor certified by the manufacturer, to the affected Union. When the warranty does not
require installation by the manufacturer’s own personnel or a contractor certified by the
manufacturer, the Unions agree to perform and install such work under the supervision and
direction of the manufacturer’s representative;
2.3.8 Non-construction support services contracted by the City, Community Workforce
Coordinator, consultants, or Contractor in connection with this Project;
2.3.9 Off-site laboratory work for testing; and
2.3.10 The movement and placement of free-standing furniture owned or controlled by
the Owner; however, the installation of office furniture that is attached to the realty shall be
covered by this Agreement.
Section 2.4 After installation by the Contractor(s) and upon notice of completion, it is
understood the City reserves the right to perform start-up, operation, repair, maintenance or
revision of equipment or systems with persons of the City’s choice. If required, the service
representative may make a final check to protect the terms of a manufacturer’s guarantee or
warranty prior to start-up of a piece of equipment.
Section 2.5 Awarding of Contracts:
2.5.1 The City and/or the Contractors, as appropriate, have the absolute right to award
contracts or subcontracts on this Project to any Contractor notwithstanding the existence or non-
existence of any agreements between such Contractor and any Union parties, provided only that
such Contractor is ready, willing and able to execute and comply with this Community
Workforce Agreement should such Contractor be awarded work covered by this Agreement.
2.5.2 Subject to section 2.6, below, it is agreed that all Contractors and subcontractors
of whatever tier, who have been awarded contracts for work covered by this Agreement, shall be
required to accept and be bound to the terms and conditions of this Community Workforce
Agreement, and shall evidence their acceptance by the execution of the Letter of Assent set forth
in Attachment “A” hereto, prior to the commencement of work. At the time that any Contractor
enters into a subcontract with any subcontractor of any tier providing for the performance on the
construction contract, the Contractor shall provide a copy of this Agreement to said
subcontractor and shall require the subcontractor, as a part of accepting the award of a
construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by
each and every provision of this Agreement prior to the commencement of work on the Project.
No Contractor or subcontractor shall commence Project Work without having first provided a
copy of the Letter of Assent as executed by it to the Community Workforce Coordinator and to
the Council forty-eight (48) hours before the commencement of Project Work, or within forty-
eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever
occurs later.
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Section 2.6 Coverage Exception: This Agreement shall not apply if the City receives funding
or assistance from any Federal, State, local or other public entity for the Construction Contract if
a requirement, condition or other term of receiving that funding or assistance, at the time of the
awarding of the contract, is that the City not require bidders, contractors, subcontractors or other
persons or entities to enter into an agreement with one or more labor organizations or enter into
an agreement that contains any of the terms set forth herein. The City agrees that it will make
every effort to establish the enforcement of this Agreement with any governmental agency or
granting authority. If the City receives funding or assistance from any Federal, State, local or
other public entity for a Project, after award of such project, and such funding prohibits the use
of this Agreement, the Parties shall meet and discuss the issue. The City agrees that it will make
a good faith effort to establish the enforcement of this Agreement with any governmental agency
or granting authority and the Unions agree to jointly defend and support any defense of a Project
challenged because of the application of this Agreement to such Project.
Section 2.7 Master Labor Agreements:
2.7.1 The provisions of this Agreement, including the Master Labor Agreements
(hereinafter “MLAs”), as such may be changed from time-to-time and which are incorporated
herein by reference, shall apply to the work covered by this Agreement. This Agreement is not
intended to supersede the MLAs between any of the Contractors performing construction work
on the Project and a Union signatory thereto except to the extent the provisions of this
Agreement are inconsistent with such MLAs, in which event the provisions of this Agreement
shall apply. However, such does not apply to work performed under the National Cooling Tower
Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD),
work within the jurisdiction of the International Union of Elevator Constructors, and all
instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint
National Agreement for Instrument and Control Systems Technicians except that Articles
dealing with Work Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes,
and Settlement of Grievances and Disputes shall apply to such work. Where a subject is covered
by the provisions of an MLA and not covered by this Agreement, the provisions of the MLA
shall apply. It is specifically agreed that no later agreement shall be deemed to have precedence
over this Agreement unless signed by all Parties signatory hereto who are then currently
employed or represented at the Project. Any dispute as to the applicable source between this
Agreement and any MLA for determining the wages, hours or working conditions of employees
on this Project shall be resolved under the procedures established in Article 9.
2.7.2 It is understood that this Agreement, together with the referenced MLAs,
constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this
Community Workforce Agreement, the Contractor will not be obligated to sign any other local,
area or national collective bargaining agreement as a condition of performing work within the
scope of this Agreement (provided, however, that the Contractor may be required to sign an
uniformly applied, non-discriminatory “Subscription Agreement” at the request of the trustees or
administrator of a trust fund established pursuant to Section 302 of the Labor Management
Relations Act, and to which such Contractor is bound to make contributions under this
Agreement, provided that such Subscription Agreement does not purport to bind the Contractor
beyond the terms and conditions of this Agreement and/or expand its obligation to make
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contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have
each of its subcontractors sign such Subscription Agreement, to the extent required by this
Agreement, with the appropriate Craft Union prior to the subcontractor beginning Project Work.
Section 2.8 Binding Signatories Only: This Agreement shall only be binding on the signatory
Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any
such Party.
Section 2.9 Other City Work: This Agreement shall be limited to the construction work
within the Scope of this Agreement including, specifically, site preparation and related
demolition work, and new construction and major rehabilitation work referenced in Section 2.2
above. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the
performance of any other operation, work or function not covered by this Agreement, which may
be performed by City employees or contracted for by the City for its own account, on its property
or in and around a Project site.
Section 2.10 Separate Liability: It is understood that the liability of the Contractor(s) 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 employment status
between or among the City or Community Workforce Coordinator and/or any Contractor.
Section 2.11 Completed Project Work: As areas, phases, portions, sections or segments of
Project Work are accepted by the City, this Agreement shall have no further force or effect on
such items or areas except where the Contractor is directed by the City or its representatives to
engage in repairs, modification, check-out and/or warranties functions required by its contract(s)
with the City.
ARTICLE 3
UNION RECOGNITION AND EMPLOYMENT
Section 3.1 Recognition: The Contractor recognizes the Council and the Unions as the
exclusive bargaining representative for the employees engaged in Project Work.
Section 3.2 Contractor Selection of Employees: The Contractor shall have the right to
determine the competency of all employees, the duties of such employees within their craft
jurisdiction, and shall have the sole responsibility for selecting employees to be laid off. The
Contractor shall also have the right to reject any applicant referred by a Union for any reason,
subject to any reporting pay required under the appropriate MLA; provided, however, that such
right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment
to employ qualified workers through the procedures endorsed in this Agreement.
Section 3.3 Referral Procedures:
3.3.1 For signatory Unions now having a job referral system contained in a MLA, the
Contractor agrees to comply with such system, and it shall be used exclusively by such
Contractor, except as modified by this Agreement. Such job referral system will be operated in a
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nondiscriminatory manner and in full compliance with federal, state, and local laws and
regulations which require equal emplo yment opportunities and non-discrimination. All of the
foregoing hiring procedures, including related practices affecting apprenticeship, shall be
operated so as to consider the goals of the City to encourage employment of Local Area
Residents and participation of Local Area Contractors on the Project, and to facilitate the ability
of all Contractors to meet their employment needs.
3.3.2 The Unions will exert their best efforts to recruit and refer sufficient numbers of
skilled craft workers to fulfill the labor requirements of the Contractor, including specific
employment obligations to which the Contractor may be legally and/or contractually obligated;
and to refer apprentices as requested to develop a larger, skilled workforce. The Unions will
work with their affiliated regional and national unions, and jointly with the Community
Workforce Coordinator and others designated by the City, to identify and refer competent craft
persons as needed for Project Work, and to identify and hire individuals, giving preference to
Local Area Residents, for entrance into approved apprenticeship programs, or participation in
other identified programs and procedures to assist individuals in qualifying and becoming
eligible for such apprenticeship programs, all maintained to increase the available supply of
skilled craft personnel.
3.3.3 The Union shall not knowingly refer an employee currently employed by a
Contractor on Project Work to any other Contractor.
3.3.4 Core Workers: As the initial workers on the Project, a Local Area Contractor,
which is not currently working under a Master Labor Agreement, that is awarded work on the
Project may directly employ up to a maximum of three (3) members of its regular, local,
experienced work force, where the employees so designated as “Core Workers” meet the
following qualifications:
(a) Possess any license required by state or Federal law for the Project work to be
performed;
(b) Have worked at least two thousand (2,000) hours in the applicable trade or
craft;
(c) Have been employed by the Contractor for at least sixty (60) working days of
the one hundred (100) working days immediately preceding the award of the
Project Work to the Contractor;
(d) Are Local Area Residents;
(e) Have the ability to safely perform the basic functions of the applicable craft or
trade.
After directly employing up to three (3) Core Workers, the Local Area Contractor shall thereafter
be subject to the procedures for Union referral of Project workers below. The Local Area
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Contractor, upon request by the Community Workforce Coordinator, shall provide the necessary
documentation to support the qualification of an employee as a Core Worker.
If additional workers are needed following the hiring of workers pursuant to the provisions
above, then the Local Area Contractor shall request, and the Union shall refer a worker from its
referral list. Local Area Contractors may then directly employ one (1) additional of their
qualified Core Workers that is referred pursuant to the referral procedures referenced in this
Section 3, after which one (1) worker shall be referred from the Union referral list. This
alternating procedure of referral shall continue until a maximum of eight (8) qualified Core
Workers have been directly employed by or referred to the Contractor. All additional workers
shall be requested and referred pursuant to otherwise applicable Union referral list procedures
and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the
alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request
Form (Attachment “C”) and each of the additional workers utilized under the procedures in this
paragraph shall register with the Union’s hiring hall before commencing work on the Project. If
there is any question regarding a worker’s eligibility under this Section 3.3.4, the Contractor
shall provide satisfactory proof of such at a Union’s request. The provisions of this Section 3.3.4
shall only appl y to Local Area Contractors and workers who are not working under the terms of
a Master Labor Agreement at the time of their transfer to work covered under this Agreement.
All other Contractors not currently signatory to a Master Labor Agreement that is awarded work
on the Project may directly employ one (1) Core Worker (as defined below) that is referred
pursuant to the referral procedures referenced in this Section 3 after which one (1) worker shall
be referred from the Union referral list. This alternating procedure of referral shall continue until
a maximum of five (5) qualified Core Workers have been directly employed by or referred to the
Contractor. All additional workers shall be requested and referred pursuant to otherwise
applicable Union referral list procedures and the local hire provisions of this Agreement. On
layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the
appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the
additional workers utilized under the procedures in this paragraph shall register with the Union’s
hiring hall before commencing work on the Project. If there is any question regarding a worker’s
eligibility under this section 3.3.4, the Contractor shall provide satisfactory proof of such at a
Union’s request. “Core Workers” are those employees who meet the following qualifications:
(a) Possesses any license required by state or Federal law for the Project work to be
performed;
(b) Have worked at least two thousand (2,000) hours in the applicable trade or craft;
(c) Have been employed by the Contractor for at least sixty (60) working days of the one
hundred (100) working days immediately preceding the award of the Project Work to
the Contractor; and
(d) Have the ability to safely perform the basic functions of the applicable craft or trade.
The Core Workers shall present to and be dispatched through the applicable Union referral
procedures.
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3.3.4.1 Prior to each Contractor performing any work on the Project, each
Contractor shall provide a list of its Core Workers to the Community Workforce Coordinator and
the Council. Failure to do so will prohibit the Contractor from using any Core Workers. Upon
request by any Party to this Agreement, the Contractor hiring any Core Worker shall provide
satisfactory proof (e.g., payroll records, quarterly tax records, driver’s license, voter registration,
postal address and such other documentation) evidencing the Core Worker’s qualification as a
core employee to the Community Workforce Coordinator and the Council.
Section 3.4 Non-Discrimination in Referral, Employment, and Contracting: The Unions and
Contractors agree that they will not discriminate against any employee or applicant for
employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national
origin, age, membership in a labor organization, sexual orientation, political affiliation, marital
status, or disability. The Parties shall jointly endeavor to assure that these commitments are fully
met, and that any provisions of this Agreement which may appear to interfere within a local and
small business enterprises successfully bidding for work within the scope of this Agreement shall
be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the
Parties, to ensure full compliance with the spirit and letter of the City’s policies and commitment
to its goals for the significant utilization of local and small businesses as direct Contractors or
suppliers for Project Work.
Section 3.5 Employment of Local Area Residents:
3.5.1 The Unions and Contractors agree that, to the maximum extent allowed by law,
and as long as they possess the requisite skills and qualifications, the Unions will exert their best
efforts to recruit sufficient numbers of skilled craft Local Area Residents as defined herein, to
fulfill the requirements of the Contractors and shall refer on a priority basis all available,
qualified Local Area Resident workers. In recognition of the fact that the City and the
communities surrounding Project Work will be impacted by the construction of the Project, the
Parties agree to support the hiring of Local Area Resident workers, as well as Veterans. Towards
that end, the Unions agree that they will exert their best efforts to encourage and provide
referrals and utilization of qualified workers in accordance with the following priority:
3.5.1.1 First, Local Area Residents residing in those first-tier zip codes which
cover the City of San Luis Obispo (Tier 1), as reflected on the attached list of zip codes as
reflected on Attachment “B”.
3.5.1.2 If the Unions cannot provide the Contractors with a sufficient number of
qualified workers from Paragraph 3.5.1.1, above, the Unions will exert their best efforts to then
recruit qualified workers residing within the County of San Luis Obispo (Tier 2), and shall refer
all such available workers, giving first priority to Veterans residing in county.
3.5.1.3 If the Unions still have not provided the Contractors with a sufficient
number of qualified workers from Paragraphs 3.5.1.1 and 3.5.1.2, above, the Unions will then
exert their best efforts to recruit qualified workers residing in the zip codes specified within
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Santa Barbara and Monterey counties (Tier 3), and shall refer all such available workers, giving
first priority to Veterans residing in those zip codes.
3.5.1.4 If the Unions still have not provided the Contractors with a sufficient
number of qualified workers from Paragraphs 3.6.1.1, 3.6.1.2, and 3.6.1.3 above, the Unions will
then exert their best efforts to recruit qualified workers residing in the zip codes specified within
Ventura County (Tier 4), and shall refer all such available workers, giving first priority to
Veterans residing in those zip codes.
3.5.2 A goal of at least 50% of all of the construction labor hours worked on the Project
shall be from Local Area Residents, with first priority referrals on all Contractor requests given
to available Local Area Residents, in ascending order of tier, regardless of attainment of goals.
To facilitate the dispatch of Local Area Residents, all Contractors will be required to utilize the
Craft Employee Request Form whenever they are requesting the referral of any employee from a
Union referral list for any Project Work, a sample of which is attached as Attachment “C”.
Should the referral data show that the participation goal is not being met, the Parties agree to
meet and confer regarding changes, including, but not limited to, increasing the number of Core
Workers that are Local Area Residents, that can be immediately implemented in order to achieve
the participation goal.
3.5.3 The Community Workforce Coordinator shall work with the Unions and
Contractors in the administration of this Local Area Resident preference; and the Contractors and
Unions shall cooperate by maintaining adequate records to demonstrate to the Community
Workforce Coordinator that such preferences have been pursued.
3.5.4 In determining compliance with the targeted hiring goals of Section 3.5.2
above, hours of Project Work performed by residents of states other than California will be
excluded from the calculation. Additionally, the Local Area residency requirement, set
forth in Section 3.3.4(d), shall not apply to out of state workers.
Section 3.6 Helmets to Hardhats: The Contractors and the Unions recognize a desire to
facilitate the entry into the building and construction trades of 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. For purposes of this Agreement, the term “Eligible Veteran”
shall have the same meaning as the term “veteran” as defined under Title 5, Section 2108(1) of the
United States Code as the same may be amended or re-codified from time to time. It shall be the
responsibility of each qualified Local Area Resident to provide the Unions with proof of his/her
status as an Eligible Veteran.
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
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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.
Section 3.7 Time for Referral: If any Union’s registration and referral system does not fulfill
the requirements for specific classifications requested by any Contractor within forty-eight (48)
hours (excluding Saturdays, Sundays, and holidays), that Contractor may use employment
sources other than the Union registration and referral services and may employ applicants
meeting such standards from any other available source. The Contractors shall inform the Union
of any applicants hired from other sources within forty-eight (48) hours of such applicant being
hired, and such applicants shall register with the appropriate hiring hall, if any, prior to
commencing work on the Project.
Section 3.8 Lack of Referral Procedure: If a signatory Union does not have a job referral
system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity
to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in
Section 3.5.
Section 3.9 Union Membership: Employees are not required to become or remain union
members or pay dues or fees as a condition of performing covered work under this
Agreement. Contractors shall make and transmit all deductions for union dues, fees, and
assessments that have been authorized by employees in writing in accordance with the applicable
Master Agreement. Nothing in this Section 3.9 is intended to supersede the requirements of
applicable Master Agreements as to those Contractors otherwise signatory to such Master
Agreements and as to the employees of those Contractors who are performing covered work.
Section 3.10 Individual Seniority: Except as provided in Section 4.3, individual seniority shall
not be recognized or applied to employees working on the Project; provided, however, that group
and/or classification seniority in a Union’s MLA, as of the effective date of this Agreement shall
he recognized for purposes of layoffs.
Section 3.11 Foremen: The selection and number of craft foreman and/or general foreman
shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the
designated Contractor representatives. Craft foreman shall be designated as working foreman at
the request of the Contractors.
ARTICLE 4
UNION ACCESS AND STEWARDS
Section 4.1 Access to Project Sites: Authorized representatives of the Union shall have
access to Project Work, provided that they do not interfere with the work of employees and
further provided that such representatives fully comply with posted visitor, security, and safety
rules.
Section 4.2 Stewards:
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4.2.1 Each signatory Union shall have the right to dispatch a working journeyperson as
a steward for each shift and shall notify the Contractor in writing of the identity of the designated
steward or stewards prior to the assumption of such person’s duties as steward. Such designated
steward or stewards shall not exercise any supervisory functions. There will be no non-working
stewards. Stewards will receive the regular rate of pay for their respective crafts.
4.2.2 In addition to his/her work as an employee, the steward should have the right to
receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of
the same with the employee’s appropriate supervisor. Each steward should be concerned only
with the employees of the steward’s Contractor and, if applicable, subcontractor(s), and not with
the employees of any other Contractor. A Contractor will not discriminate against the steward on
the basis of proper performance of his/her Union duties.
4.2.3 When a Contractor has multiple, non-contiguous work locations at one site, the
Contractor may request, and the Union shall appoint such additional working stewards as the
Contractor requests to provide independent coverage of one or more such locations. In such
cases, a steward may not service more than one work location without the approval of the
Contractor.
4.2.4 The stewards shall not have the right to determine when overtime shall be worked
or who shall work overtime.
Section 4.3 Steward Layoff/Discharge: The relevant Contractor agrees to notify the
appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of
disciplinary discharge for just cause. If the steward is protected against such layoff by the
provisions of the applicable MLA, such provisions shall be recognized when the steward
possesses the necessary qualifications to perform the remaining work. In any case in which the
steward is discharged or disciplined for just cause, the appropriate Union will be notified
immediately by the Contractor, and such discharge or discipline shall not become final (subject
to any later filed grievance) until twenty-four (24) hours after such notice has been given.
Section 4.4 Employees on Non-Project Work: On work where the personnel of the City may
be working in close proximity to the construction activities covered by this Agreement, the
Union agrees that the Union representatives, stewards, and individual workers will not interfere
with the City personnel, or with personnel employed by the any other employer not a Party to
this Agreement.
ARTICLE 5
WAGES AND BENEFITS
Section 5.1 Wages: All employees covered by this Agreement shall be classified in
accordance with work performed and paid by the Contractors the hourly wage rates for those
classifications in compliance with the applicable prevailing wage rate determination established
pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that
rate as of its effective date under the law. Notwithstanding any other provision of this
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Agreement, this Agreement does not relieve Contractors directly signatory to one or more of the
Master Labor Agreements from paying all wages set forth in such Agreements.
Section 5.2 Benefits:
5.2.1 Contractors shall pay contributions to the established employee benefit funds in
the amounts designated in the appropriate MLA and make all employee authorized deductions in
the amounts designated in the appropriate MLA; provided, however, that such contributions shall
not exceed the contribution amounts set forth in the applicable prevailing wage determination.
Notwithstanding any other provision of this Agreement, Contractors directly signatory to one or
more of the Master Labor Agreements are required to make all contributions set forth in those
Master Labor Agreements without reference to the forgoing. Bona fide benefit plans with joint
trustees or authorized employee deduction programs established or negotiated under the
applicable MLA, or by the Parties to this Agreement during the life of this Agreement may be
added.
5.2.2 The Contractor adopts and agrees to be bound by the written terms of the
applicable, legally established, trust agreement(s) specifying the detailed basis on which
payments are to be made into, and benefits paid out of, such trust funds for its employees. The
Contractor authorizes the parties to such trust funds to appoint trustees and successor trustees to
administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by
the Contractor.
5.2.3 Each Contractor and subcontractor is required to certify to the Community
Workforce Coordinator that it has paid all benefit contributions due and owing to the appropriate
Trust(s) prior to the receipt of its final payment and/or retention. Further, upon timely
notification by a Union to the Community Workforce Coordinator, the Community Workforce
Coordinator shall work with any prime Contractor or subcontractor who is delinquent in
payments to assure that proper benefit contributions are made, to the extent of requesting the
City or the prime Contractor to withhold payments otherwise due such Contractor, until such
contributions have been made or otherwise guaranteed.
Section 5.3 Wage Premiums: Wage premiums, including but not limited to pay based on
height of work, hazard pay, scaffold pay, and special skills shall not be applicable to work under
this Agreement, except to the extent provided for in any applicable prevailing wage
determination.
Section 5.4 Compliance with Prevailing Wage Laws: The Parties agree that the Community
Workforce Coordinator shall monitor the compliance by all Contractors and subcontractors with
all applicable federal and state prevailing wage laws and regulations, and that such monitoring
shall include Contractors engaged in what would otherwise be Project Work but for the
exceptions to Agreement coverage in Section 2.2. All complaints regarding possible prevailing
wage violations shall be referred to the Community Workforce Coordinator for processing,
investigation, and resolution, and if not resolved within thirty (30) calendar days, may be
referred by any party to the state labor commissioner.
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ARTICLE 6
WORK STOPPAGES AND LOCK-OUTS
Section 6.1 No Work Stoppages or Disruptive Activity: The Council and the Unions agree
that neither they, and each of them, nor their respective officers or agents or representatives, shall
incite or encourage, condone or participate in any strike, walk-out, slow-down, picketing,
observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute
whatsoever with respect to or in any way related to Project Work, or which interferes with or
otherwise disrupts Project Work, or with respect to or related to the City or Contractors or
subcontractors, including, but not limited to economic strikes, unfair labor practice strikes, safety
strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is
subject to arbitration. Any such actions by the Council, or Unions, or their members, agents,
representatives or the employees they represent shall constitute a violation of this Agreement.
The Council and the Union shall take all steps necessary to obtain compliance with this Article
and neither should be held liable for conduct for which it is not responsible.
Section 6.2 Employee Violations: The Contractor may discharge any employee violating
Section 6.1 above and any such employee will not be eligible for rehire under this Agreement.
Section 6.3 Standing to Enforce: The City, the Community Workforce Coordinator, or any
Contractor affected by an alleged violation of Section 6.1 shall have standing and the right to
enforce the obligations established therein.
Section 6.4 Expiration of MLAs: If the MLA, or any local, regional, and other applicable
collective bargaining agreements expire during the term of the Project, the Union(s) agree that
there shall be no work disruption of any kind as described in Section 6.1 above as a result of the
expiration of any such agreement(s) having application on this Project and/or failure of the
involved Parties to that agreement to reach a new contract. Terms and conditions of employment
established and set at the time of bid shall remain established and set. Otherwise to the extent
that such agreement does expire and the parties to that agreement have failed to reach
concurrence on a new contract, work will continue on the Project on one of the following two (2)
options, both of which will be offered by the Unions involved to the Contractors affected:
6.4.1 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 contract may each propose wage rates and employer
contribution rates to employee benefit funds under the prior contract 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 Contractors will be no less favorable than the terms offered
by the Union to any other employer or group of employers covering the same type of
construction work in San Luis Obispo County.
6.4.2 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 Contractor affected by that expiring
contract agrees to the following retroactive provisions: if a new MLA, local, regional or other
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applicable labor agreement for the industry having application at the Project is ratified and
signed during the term of this Agreement and if such new labor agreement provides for
retroactive wage increases, then each affected Contractor shall pay to its employees who
performed work covered by this Agreement at the Project during the hiatus between the effective
dates of such expired and new 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 labor 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 Contractors shall
be solely responsible for any retroactive payment to its employees.
6.4.3 Some Contractors may elect to continue to work on the Project under the terms of
the interim agreement option offered under Paragraph 6.4.1, above and other Contractors may
elect to continue to work on the Project under the retroactivity option offered under paragraph
6.4.2, above. To decide between the two options, Contractors will be given one week after the
particular labor agreement has expired or one week after the Union has personally delivered to
the Contractors in writing its specific offer of terms of the interim agreement pursuant to
Paragraph (a) above, whichever is the later date. If the Contractor fails to timely select one of
the two options, the Contractor shall be deemed to have selected the retroactivity option offered
under Paragraph 6.4.2, above.
Section 6.5 No Lockouts: Contractors shall not cause, incite, encourage, condone or
participate in any lock-out of employees with respect to Project Work during the term of this
Agreement. The term “lock-out” refers only to a Contractor’s exclusion of employees in order to
secure collective bargaining advantage, and does not refer to the discharge, termination or layoff
of employees by the Contractor for any reason in the exercise of rights pursuant to any provision
of this Agreement, or any other agreement, nor does “lock-out” include the City’s decision to
stop, suspend or discontinue any Project Work or any portion thereof for any reason.
Section 6.6 Best Efforts to End Violations:
6.6.1 If a Contractor contends that there is any violation of this Article or Section 7.3, it
shall notify, in writing, the Executive Secretary of the Council, the Senior Executive of the
involved Union(s) and the Community Workforce Coordinator. 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 the relevant Article.
6.6.2 If the Union contends that any Contractor has violated this Article, it will notify
the Contractor and the Community Workforce Coordinator, setting forth the facts which the
Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the
procedures of Section 6.8. The Community Workforce Coordinator shall promptly order the
involved Contractor(s) to cease any violation of the Article.
Section 6.7 Withholding of services for failure to pay wages and fringe benefits:
Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of
this Agreement for any Union to withhold the services of its members (but not the right to
picket) from a particular Contractor who fails to timely pay its weekly payroll; or fails to make
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timely payments to the Union’s Joint Labor/Management Trust Funds in accordance with the
provisions of the applicable MLA. Prior to withholding its members’ services for the
Contractor’s failure to make timely payments to the Union’s Joint Labor/Management Trust
Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the
Union’s MLA, but in no event less than seventy-two (72) hours) written notice of such failure to
pay by registered or certified mail, return receipt requested, and by facsimile transmission to the
involved Contractor and the City. Union will meet within the ten (10) day period to attempt to
resolve the dispute.
6.7.1 Upon the payment of the delinquent Contractor of all monies due and then owing
for wages and/or fringe benefit contributions, the Union shall direct its members to return to
work and the Contractor shall return all such members back to work.
Section 6.8 Expedited Enforcement Procedure: Any Party, including the City, which is an
intended beneficiary of this Article, or the Community Workforce Coordinator, may institute the
following procedures, in lieu of or in addition to any other action at law or equity, when a breach
of Section 6.1, 6.5 or Section 7.3 is alleged.
6.8.1 The Party invoking this procedure shall notify Lou Zigman, or, if Mr. Zigman is
unavailable, Sara Adler, who have been selected by the negotiating Parties, and whom the Parties
agree shall be the permanent arbitrator and alternate arbitrator under this procedure. If the
permanent arbitrator is unavailable at any time, the party invoking this procedure shall notify
Sara Adler. Notice to the arbitrator shall be by the most expeditious means available, with
notices to the Parties alleged to be in violation, and to the Council if it is a Union alleged to be in
violation. For purposes of this Article, written notice may be given by telegram, facsimile, hand-
delivery or overnight mail and will be deemed effective upon receipt.
6.8.2 Upon receipt of said notice, the arbitrator named above, or his/her alternate shall
sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still
exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Council
of the involved Union(s) and/or Contractor.
6.8.3 The arbitrator shall notify the Parties of the place and time 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 or Parties to attend said hearings shall not delay the hearing of
evidence or the issuance of any award b y the arbitrator.
6.8.4 The sole issue at the hearing shall be whether or not a violation of Sections 6.1,
6.5 or Section 7.3 has in fact occurred. The arbitrator shall have no authority to consider any
matter in justification, explanation or mitigation of such violation or to award damages. 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 a written opinion, one shall be issued within
fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award.
The arbitrator may order cessation of the violation of the Article and other appropriate relief, and
such Award, upon issuance, shall be served on all Parties by hand or registered mail.
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6.8.5 Such Award shall be final and binding on all Parties and may be enforced by any
court of competent jurisdiction upon the filing of this Agreement and all other relevant
documents referred to herein above in the following manner. Written notice of the filing of such
enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a
temporary order enforcing the arbitrator's Award as issued under 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 address as shown on this Agreement (for a Union), as shown in their business
contract for work under this Agreement (for a Contractor) and to the representing Union (for an
employee), by certified mail by the Party or Parties first alleging the violation.
6.8.6 Any rights created by statute or law governing arbitration proceedings
inconsistent with the above procedure or which interfere with compliance hereto are hereby
waived by the Parties to whom they accrue.
6.8.7 The fees and expenses of the arbitrator shall be equally divided between the Party
or Parties initiating this procedure and the respondent Party or Parties.
6.8.8 Liquidated Damages. If the arbitrator determines that a work stoppage, in
violation of Section 6.1 has occurred, the respondent Unions(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 City, 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 that a lock-out, in violation of Section 6.5
has occurred, the respondent Contractor(s) shall, within eight (8) hours of receipt of the award,
return all the affected employees to work on the Project, or otherwise correct the violation as found
by the arbitrator. If the respondent Contractor(s) do not take such action by the beginning of the
next regularly scheduled shift following the eight (8) hour period, each respondent Contractor shall
pay a sum as liquidated damages in equal amounts to the City and to the affected Union(s) (with
union amounts to be apportioned among the affected employees and the benefit funds to which
contributions are made on their behalf, as appropriate and designated b y the Arbitrator) and each
shall pay an additional sum per shift for each shift thereafter in which compliance by the
respondent Contractor(s) 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 five thousand dollars ($5,000) per shift, nor more than twenty
thousand dollars ($20,000) per shift.
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ARTICLE 7
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 7.1 Assignment of Work: The assignment of Project 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 7.2 The Plan: All jurisdictional disputes on this Project between or among the
building and construction trades Unions and the Contractor parties 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 Contractor and Union parties to this Agreement.
7.2.1 If a dispute arising under this Article involves the Southwest Regional Council of
Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures
specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Robert Hirsch,
and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall be held at the offices of the
applicable Building and Construction Trades Council within fourteen (14) days of the selection
of the Arbitrator. All other procedures shall be as specified in the Plan.
Section 7.3 No Work Disruption Over Jurisdiction: All jurisdictional disputes shall be
resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and
the Contractor’s assignment shall be adhered to until the dispute is resolved. Individuals
violating this section shall be subject to immediate discharge.
Section 7.4 Pre-Job Conferences: As provided in Article 14, each Contractor will conduct a
pre-job conference with the Council prior to commencing work. The Contractor and the Owner
will be advised in advance of all such conferences and may participate if they wish. Pre-job
conferences for different Employers may be held together.
Section 7.5 Resolution of Jurisdictional Disputes: If any actual or threatened strike, sympathy
strike, work stoppage, slow down, picketing, hand-billing or otherwise advising the public that a
labor dispute exists, or interference with the progress of Project Work by reason of a
jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set
forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in
Article 6 above.
ARTICLE 8
MANAGEMENT RIGHTS
Section 8.1 Contractor and City Rights: The City and the Contractor retain the full and
exclusive authority for the management of its operations, as set forth in this Article, unless
expressly limited or required by the other Articles of this Agreement or an MLA. In addition to
the following and other rights of the Contractors enumerated in this Agreement, the Contractors
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expressly reserve their management rights and all the rights conferred upon them by law. The
Contractor’s rights include, but are not limited to, the right to:
8.1.1 Plan, direct and control operations of all work;
8.1.2 Hire, promote, transfer and layoff their own employees, respectively, as deemed
appropriate to satisfy work and/or skill requirements;
8.1.3 Promulgate and require all employees to observe reasonable job rules and security
and safety regulations;
8.1.4 Discharge, suspend or discipline their own employees for just cause;
8.1.5 Utilize, in accordance with City approval, any work methods, procedures or
techniques, and select, use and install any types or kinds of materials, apparatus or equipment,
regardless of source of manufacture or construction; assign and schedule work at their discretion;
and
8.1.6 Assign overtime, determine when it will be worked, and the number and identity
of employees engaged in such work, subject to such provisions in the applicable MLA(s)
requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.
Section 8.2 Specific City Rights: In addition to the following and other rights of the City
enumerated in this Agreement, the City expressly reserves its management rights and all the
rights conferred on it by law. The City’s rights (and those of the Community Workforce
Coordinator on its behalf) include but are not limited to the right to:
8.2.1 Inspect any construction site or facility to ensure that the Contractor follows the
applicable safety and other work requirements;
8.2.2 Require Contractors to establish a different work week or shift schedule for
particular employees as required to meet the operational needs of the Project Work at particular
locations;
8.2.3 At its sole option, terminate, delay and/or suspend any and all portions of the
Project Work at any time; prohibit some or all work on certain days or during certain hours of the
day to accommodate the ongoing operations of the City’s facilities and/or to mitigate the effect
of ongoing Project Work on businesses and residents in the neighborhood of the Project site;
and/or require such other operational or schedule changes it deems necessary, in its sole
judgment, to effectively maintain its primary mission and remain a good neighbor to those in the
area of its facilities. (In order to permit the Contractors and Unions to make appropriate
scheduling plans, the City will provide the Community Workforce Coordinator, and the affected
Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this
Section; provided, however, that if notice is not provided in time to advise employees not to
report for work, show-up pay shall be due pursuant to the provision of Article 6, Section 6.6);
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8.2.4 Approve any work methods, procedures and techniques used by Contractors
whether or not these methods, procedures or techniques are part of industry practices or customs,
provided that nothing herein shall require such approval or extend any liability related to work
performed by Contractors to the City; and
8.2.5 Investigate and process complaints, through its Community Workforce
Coordinator, in the matter set forth in Articles 6 and 9.
Section 8.3 Use of Materials: There should be no limitations or restriction by Union upon a
Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use
and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or
preassembled materials, tools or other labor saving devices, subject to the application of the State
Public Contract and Labor Codes as required by law in reference to offsite construction.
Generally, the onsite installation or application of such items shall be performed by the craft
having jurisdiction over such work. The City and its Community Workforce Coordinator shall
advise all Contractors of, and enforce as appropriate, the off-site application of the prevailing
wage law as it affects Project Work.
Section 8.4 Special Equipment, Warranties and Guaranties:
8.4.1 The Parties recognize that the Contractor will initiate from time to time the use of
new technology, equipment, machinery, tools, and other labor-savings devices and methods of
performing Project Work. The Union agrees that they will not restrict the implementation of such
devices or work methods. The Unions will accept and will not refuse to handle, install or work
with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items,
preassembled items, partially assembled items, or materials whatever their source of manufacture
or construction.
8.4.2 If any disagreement between the Contractor and the Unions concerning the
methods of implementation or installation of any equipment, or device or item, or method of
work, arises, or whether a particular part or pre-assembled item is a standardized or catalog part
or item, the work will precede as directed by the Contractor and the Parties shall immediately
consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the
right to proceed through the procedures set forth in Article 9.
ARTICLE 9
SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 9.1 Cooperation and Harmony on Site:
9.1.1 This Agreement is intended to establish and foster continued close cooperation
between management and labor. The Council shall assign a representative to this Project for the
purpose of assisting the Unions, and working with the Community Workforce Coordinator,
together with the Contractors, to complete the construction of the Project economically,
efficiently, continuously and without any interruption, delays or work stoppages.
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9.1.2 The Community Workforce Coordinator, the Contractors, Unions, and employees
collectively and individually, realize the importance to all Parties of maintaining continuous and
uninterrupted performance Project Work, and agree to resolve disputes in accordance with the
grievance provisions set forth in this Article or, as appropriate, those of Article 6 or 7.
9.1.3 The Community Workforce Coordinator shall oversee the processing of
grievances under this Article and Article 6, including the scheduling and arrangements of
facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case,
and any other administrative matters necessary to facilitate the timely resolution of any dispute;
provided, however, it is the responsibility of the principal parties to any pending grievance to
insure the time limits and deadlines are met.
Section 9.2 Processing Grievances: Any questions arising out of and during the term of this
Agreement involving its interpretation and application, which includes applicable provisions of
the MLAs, but not jurisdictional disputes or alleged violations of Section 6.1 and 6.5 and similar
provisions, shall be considered a grievance and subject to resolution under the following
procedures.
Step 1. Employee Grievances: When any employee subject to the provisions of
this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall,
through his Union business representative or job steward, within ten (10) 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 business representative of the Union or
the job steward and the work site representative of the involved Contractor shall meet and
endeavor to adjust the matter within ten (10) working days after timely notice has been given. If
they fail to resolve the matter within the prescribed period, the grieving party may, within ten
(10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is
reduced to writing, setting forth the relevant information, including a short description thereof,
the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged
to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except
as to the parties directly involved.
Union or Contractor Grievances: Should the Union(s) or any Contractor have
a dispute with the other party(ies) and, if after conferring within ten (10) working days after the
disputing party knew or should have known of the facts or occurrence giving rise to the dispute,
a settlement is not reached within five (5) working days, the dispute shall be reduced to writing
and processed to Step 2 in the same manner as outlined in 1(a) above for the adjustment of an
employee complaint.
Step 2. The business manager of the involved Union or his designee, together with
the site representative of the involved Contractor, and the labor relations representative of the
Community Workforce Coordinator, shall meet within seven (7) working days of the referral of
the 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 after the initial meeting at Step 2.
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Step 3. (a) If the grievance shall have been submitted but not resolved under Step
2, either the Union or Contractor party may request in writing to the Community Workforce
Coordinator (with copy(ies) to the other party(ies)) within seven (7) calendar days after the initial
Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list
of experienced construction industry arbitrators below, on a rotational basis in the order listed.
Those arbitrators are: (1) Louis Zigman; (2) Sara Adler; (3) Fredric Horowitz; (4) Edna Francis;
(5) William Rule; (6) Walt Daugherty; and (7) Michael Rappaport. The decision of the arbitrator
shall be final and binding on all parties and the fee and expenses of such arbitrations shall be
borne equally by the involved Contractor(s) 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 and shall not have the authority to change, amend, add to or detract from any of
the provisions of this Agreement.
(c) The fees and expenses incurred by the arbitrator, as well as those
jointly utilized by the parties (e.g., conference room, court reporter, etc.) in arbitration, shall be
divided equally by the parties to the arbitration, including Union(s) and Contractor(s) involved.
Section 9.3 Limit on Use of Procedures: Procedures contained in this Article shall not be
applicable to any alleged violation of Articles 6 or 7, with a single exception that any employee
discharged for violation of Section 6.2, or Section 7.3, may resort to the procedures of this
Article to determine only if he/she was, in fact, engaged in that violation.
Section 9.4 Notice: The Community Workforce Coordinator (and the City, in the case of any
grievance regarding the Scope of this Agreement) shall be notified by the involved Contractor of
all actions at Steps 2 and 3, and further, the Community Workforce Coordinator shall, upon its
own request, be permitted to participate fully as a party in all proceedings at such steps.
ARTICLE 10
REGULATORY COMPLIANCE
Section 10.1 Compliance with All Laws: The Council and all Unions, Contractors,
subcontractors and their employed shall comply with all applicable federal and state laws,
ordinances and regulations including, but not limited to, those relating to safety and health,
employment and applications for employment. All employees shall comply with the safety
regulations established by the City and/or the Contractor. Workers must promptly report any
injuries or accidents as required by applicable policy and/or law.
Section 10.2 Monitoring Compliance: The Parties agree that the City shall require, and that the
Community Workforce Coordinator and Council shall monitor, compliance by all Contractors
and subcontractors with all federal and state law regulations that, from time to time may apply to
Project Work. It shall be the responsibility of both the Council and the Community Workforce
Coordinator (on behalf of the City) to investigate or monitor compliance with these various laws
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and regulations and any suspected non-compliance observes by the Council shall be immediately
reported to the Community Workforce Coordinator. The Council may recommend to the
Community Workforce Coordinator and/or the City procedures to encourage and enforce
compliance with these laws and regulations.
Section 10.3 Prevailing Wage Compliance: The Council or Union shall refer all complaints
regarding any potential prevailing wage violation to the Community Workforce Coordinator,
who on its own, or with the assistance of the City’s labor compliance program, shall process,
investigate and resolve such complaints, consistent with Article 5, Section 5.4. The Council or
Union, as appropriate, shall be advised in a timely manner with regard to the facts and resolution,
if any, of any complaint. It is understood that this Section does not restrict any individual rights
as established under the State Labor Code, including the rights of an individual to file a
complaint with the State Labor Commissioner or to file a grievance for such violation under the
grievance procedure set forth in this Agreement.
Section 10.4 Violations of Law: Based upon a finding of violation by the City of a federal and
state law, and upon notice to the Contractor that it or its subcontractors are in such violation, the
City, in the absence of the Contractor or subcontractor remedying such violation, shall take such
action as it is permitted by law or contract to encourage that Contractor to come into compliance,
including, but not limited to, assessing fines and penalties, and/or removing the offending
Contractor from Project Work. Additionally, in accordance with the Agreement between the City
and the Contractor, the City may cause the Contractor to remove from Project Work any
subcontractor who is in violation of state or federal law.
ARTICLE 11
SAFETY AND PROTECTION OF PERSON AND PROPERTY
Section 11.1 Safety:
11.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions
and employee compliance with any safety rules contained herein or established by the City
and/or the Contractor. It is understood that employees have an individual obligation to use
diligent care to perform their work in a safe manner and to protect themselves and the property
of the Contractor and the City.
11.1.2 Employees shall be bound by the safety, security, and visitor rules established by
the Contractor and/or the City. These rules will be published and posted. An employee’s failure
to satisfy his/her obligations under this section will subject him/her to discipline, up to and
including discharge.
11.1.3 Projects covered by this Agreement shall be drug-free workplaces conforming to
the requirements of the California Drug-Free Workplace Act of 1990 and the Federal Drug-Free
Workplace Act of 1988.
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11.1.4 The Parties to this Agreement adopt the Tri Counties Building and Construction
Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is attached hereto
as Attachment “D,” and which shall be the policy and procedure utilized under this Agreement.
Section 11.2 Suspension of Work for Safety: A Contractor may suspend all or a portion of the
job to protect the life and safety of employees. In such cases, employees will be compensated
only for the actual time worked; provided, however, that where the Contractor requests
employees to remain at the site and be available for work, the employees will be compensated
for stand-by time at their basic hourly rate of pay.
Section 11.3 Water and Sanitary Facilities: The Contractor shall provide adequate supplies of
drinking water and sanitary facilities for all employees as required by state law or regulation.
ARTICLE 12
TRAVEL AND SUBSISTENCE
Travel expenses, travel time, subsistence allowances, zone rates and parking reimbursements
shall be paid in accordance with the applicable MLA unless superseded by the applicable
prevailing wage determination.
ARTICLE 13
APPRENTICES
Section 13.1 Importance of Training: The Parties recognize the need to maintain continuing
support of the programs designed to develop adequate numbers of competent workers in the
construction industry, the obligation to capitalize on the availability of the local work force in the
area served by the City, and the opportunities to provide continuing work under the construction
program. To these ends, the Parties will facilitate, encourage, and assist Local Area Residents to
commence and progress in an Approved Apprenticeship Programs and/or training programs in
the construction industry leading to participation in such apprenticeship programs. The City, the
Community Workforce Coordinator, and the Council, will work cooperatively to identify, or
establish and maintain, effective programs and procedures for persons interested in entering the
construction industry and which will help prepare them for the formal joint labor/management
apprenticeship programs maintained by the signatory Unions.
13.1.1 All Apprentices performing work on the project must be registered
apprentices training under apprenticeship standards that include the specific work processes
that will be performed by the contractor’s journeymen and shall only be assigned work that is
included in the apprenticeship standards under which they are indentured.
Section 13.2 Use of Apprentices:
13.2.1 Apprentices used on Projects under this Agreement shall be registered in
Approved Apprenticeship Programs approved by the State of California and the Federal
Department of Labor, to the extent required by any Project funding source. Apprentices may
comprise up to thirty percent (30%) of each craft’s work force at any time, unless the standards
Page 192 of 1069
City of San Luis Obispo 29 Community Workforce Agreement
of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship
Standards (“DAS”), establish a lower or higher maximum percentage, and where such is the
case, the applicable Union should use its best efforts with its apprenticeship committee and, if
necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.
13.2.2 The Unions agree to cooperate with the Contractor in furnishing apprentices as
requested up to the maximum percentage. The apprentice ratio for each craft shall be in
compliance, at a minimum, with the applicable provisions of the Labor Code relating to
utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices
and the overall supply of experienced workers, the Community Workforce Coordinator will
work with the Council to assure appropriate and maximum utilization of apprentices and the
continuing availability of both apprentices and journey persons.
13.2.3 The Parties agree that apprentices will not be dispatched to Contractors working
under this Agreement unless there is a journeyman working on the project where the apprentice
is to be employed who is qualified to assist and oversee the apprentice’s progress through the
program in which he is participating.
13.2.4 All apprentices shall work under the direct supervision of a journeyman from the
trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the
California Code of Regulations, Title 8 [apprenticeship], Section 205, which defines a
journeyman as a person who has either completed an accredited apprenticeship in his or her craft
or has completed the equivalent of an apprenticeship in length and content of work experience
and all other requirements in the craft which has workers classified as journeyman in the
apprenticeship occupation. Should a question arise as to a journeyman’s qualification under this
subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as
a journeyman to the Community Workforce Coordinator and the Council.
ARTICLE 14
PRE-JOB CONFERENCES
Each prime Contractor will conduct a pre-job conference with the Unions for it and all of its
subcontractors not later than fourteen (14) calendar days prior to commencing work for each stage
of the Project. Each Contractor conducting a pre-job shall notify the Council and all subcontractors
of all tiers, who shall participate in such conferences, seven (7) days in advance of all such
conferences. The purpose of the conference will be to, among other things, determine craft
manpower needs, schedule of work for the contract and project work rules/owner rules. The
Council, the Community Workforce Coordinator, and the City shall be advised in advance of all
such conferences and may participate if they wish. All work assignments shall be disclosed by the
prime Contractor and all Contractors at the pre-job conference. Should there be Project Work that
was not previously discussed at the pre-job conference, or additional project work be added, the
contractors performing such work will conduct a separate pre-job conference for such newly
included work. Any Union in disagreement with the proposed assignment shall notify the
Contractor of its position in writing, with a copy to Community Workforce Coordinator, within
seven (7) calendar days thereafter. Within seven (7) calendar days after the period allowed for
Union notices of disagreement with the Contractor’s proposed assignments, but prior to the
Page 193 of 1069
City of San Luis Obispo 30 Community Workforce Agreement
commencement of any work, the Contractor shall make final assignments in writing with copies
to the Council and to the Community Workforce Coordinator.
ARTICLE 15
LABOR/MANAGEMENT COOPERATION
Section 15.1 Joint Committee: The Parties to this Agreement shall establish a six (6) person
Joint Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives
selected by the City and three (3) representatives selected by the Council to monitor compliance
with the terms and conditions of this Agreement. Each representative shall designate an alternate
who shall serve in his or her absence for any purpose contemplated by this Agreement.
Section 15.2 Functions of Joint Committee: The Committee shall meet on a schedule to be
determined by the Committee or at the call of the joint chairs, to discuss the administration of the
Agreement, the progress of the Project, general labor management problems that may arise, and
any other matters consistent with this Agreement. Substantive grievances or disputes arising
under Articles 6, 7 or 9 shall not be reviewed or discussed by this Committee but shall be
processed pursuant to the provisions of the appropriate Article. The Community Workforce
Coordinator shall be responsible for the scheduling of the meetings, the preparation of the
agenda topics for the meetings, with input from the Unions the Contractors and the City. Notice
of the date, time and place of meetings, shall be given to the Committee members at least three
(3) business days prior to the meeting. The City should be notified of the meetings and invited to
send a representative(s) to participate. The Community Workforce Coordinator shall prepare
quarterly reports on apprentice utilization and the training and employment of City residents, and
a schedule of Project Work and estimated number of craft workers needed. The Committee or an
appropriate subcommittee, may review such reports and make any recommendations for
improvement, if necessary, including increasing the availability of skilled trades, and the
employment of local residents or other individuals who should be assisted with appropriate
training to qualify for apprenticeship programs.
ARTICLE 16
SAVINGS AND SEPARABILITY
Section 16.1 Savings Clause: It is not the intention of the City, the Community Workforce
Coordinator, Contractor or the Union parties to violate any laws governing the subject matter of
this Agreement. The Parties hereto agree that in the event any provision of this Agreement is
finally held or determined to be illegal or void as being in contravention of any applicable law or
regulation, the remainder of the Agreement shall remain in full force and effect unless the part or
parts so found to be void are wholly inseparable from the remaining portions of this Agreement.
Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or
determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly
enter into negotiations concerning the substantive effect of such decision for the purposes of
achieving conformity with the requirements of any applicable laws and the intent of the Parties
hereto. If the legality of this Agreement is challenged and any form of injunctive relief is
granted by any court, suspending temporarily or permanently the implementation of this
Agreement, then the Parties agree that all Project Work that would otherwise be covered by this
Page 194 of 1069
City of San Luis Obispo 31 Community Workforce Agreement
Agreement should be continued to be bid and constructed without application of this Agreement
so that there is no delay or interference with the ongoing planning, bidding and construction of
any Project Work.
Section 16.2 Effect of Injunctions or Other Court Orders: The Parties recognize the right of the
City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid
specification should a Court of competent jurisdiction issue any order, or any applicable statute
which could result, temporarily or permanently in delay of the bidding, awarding and/or
construction on the Project. Notwithstanding such an action by the City, or such court order or
statutory provision, the Parties agree that the Agreement shall remain in full force and effect on
covered Project Work to the maximum extent legally possible.
ARTICLE 17
WAIVER
A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties
hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not
constitute a modification of the Agreement or change in the terms and conditions of the
Agreement and shall not relieve, excuse or release any of the Parties from any of their rights,
duties or obligations hereunder.
ARTICLE 18
AMENDMENTS
The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise
altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto.
ARTICLE 19
ENTIRE AGREEMENT
19.1 This Agreement represents the complete understanding of the Parties. The provisions of
this Agreement, including the MLAs, which are incorporated herein by reference, shall apply to
the work covered by this Agreement. Where a subject covered by the provisions of this Agreement
is also covered by a MLA, the provisions of this Agreement shall prevail. Where a subject is
covered by the provisions of a MLA and is not covered by this Agreement, the provisions of the
MLA shall prevail.
19.2 The Parties agree that this Agreement, including the MLAs incorporated by reference,
covers all matters affecting wages, hours, and other terms and conditions of employment and that
during the term of this Agreement the Parties will not be required to negotiate on any further
matters affecting these or any other subject not specifically set forth in this Agreement except by
mutual agreement of the Parties.
19.3 This Agreement may be executed in counterparts, such that original signatures may appear
on separate pages and when bound together all necessary signatures shall constitute an original.
Facsimile or PDF signature pages transmitted to other Parties to this Agreement shall be deemed
the equivalent to original signatures.
Page 195 of 1069
City of San Luis Obispo 32 Community Workforce Agreement
ARTICLE 20
DURATION OF THE AGREEMENT
Section 20.1 Duration: This Agreement shall be effective from the date signed by all Parties
and shall continue in full force and effect until all Project Work to be performed on the Projects
is completed and accepted by the City.
Section 20.2 Turnover and Final Acceptance of Completed Work:
20.2.1 Construction of any phase, portion, section, or segment of Project Work shall be
deemed complete when such phase, portion, section or segment has been turned over to the City
by the Contractor and the City has accepted such phase, portion, section, or segment. As areas
and systems of the Project are inspected and construction-tested and/or approved and accepted
by the City or third parties with the approval of the City, the Agreement shall have no further
force or effect on such items or areas, except when the Contractor is directed by the City to
engage and repairs or modifications required by its contract(s) with the City.
20.2.2 Notice of each final acceptance received by the Contractor will be provided to the
Council with the description of what phase, portion, section or segment, etc. has been accepted.
Final acceptance may be subject to a “punch” list, and in such case, the Agreement will continue
to apply to each such item on the list until it is completed to the satisfaction of the City and
notice of acceptance is given by the City or its representative to the Contractor. At the request of
the Union, complete information describing any “punch” list work, as well as any additional
work required of a Contractor at the direction of the City pursuant to (a) above, involving
otherwise turned-over and completed facilities which have been accepted by the City, will be
available from the Community Workforce Coordinator.
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City of San Luis Obispo 33 Community Workforce Agreement
IN WITNESS whereof the Parties have caused this Continuity of Work Agreement to be
executed as of the date and year above stated.
CITY OF SAN LUIS OBISPO TRI-COUNTIES
BUILDING & CONSTRUCTION
TRADES COUNCIL
By: ________________________________ By: ________________________________
Erica A. Stewart, Mayor Joshua Medrano, Executive Secretary
Dated: ______________________________ Dated: ______________________________
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
Page 197 of 1069
City of San Luis Obispo 34 Community Workforce Agreement
TRI-COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS
Asbestos Heat & Frost Insulators (Local 5) _________________________
Boilermakers (Local 92) _________________________
Bricklayers & Allied Craftworkers (Local 4) _________________________
Cement Masons (Local 600) _________________________
Electricians (Local 639) _________________________
Elevator Constructors (Local 18) _________________________
Iron Workers (Local 155) _________________________
Laborers (Local 220) _________________________
Operating Engineers (Local 12) _________________________
Operating Engineers (Local 12) _________________________
Operating Engineers (Local 12) _________________________
Painters & Allied Trades DC 36 _________________________
Pipe Trades (Local 403) _________________________
Pipe Trades (Local 345) _________________________
Pipe Trades District Council No. 16 _________________________
Pipe Trades (Sprinkler Fitters Local 669) _________________________
Plasterers (Local 200) _________________________
Roofers & Waterproofers (Local 36) _________________________
Sheet Metal Workers (Local 104) _________________________
Teamsters (Local 186) _________________________
Southwest Regional Council of Carpenters _________________________
Page 198 of 1069
City of San Luis Obispo 35 Community Workforce Agreement
ATTACHMENT A
LETTER OF ASSENT
To be signed by all contractors awarded work covered by the
Community Workforce Agreement prior to commencing work.
[Contractor’s Letterhead]
Community Workforce Coordinator
-------------------------------
-------------------------------
Attn: __________________
Re: City of San Luis Obispo Community Workforce Agreement - Letter of Assent
Dear Sir:
This is to confirm that [name of company] agrees to be party to and bound by the City of San
Luis Obispo Community Workforce Agreement effective _______, 2022, as such Agreement
may, from time to time, be amended by the negotiating parties or interpreted pursuant to its
terms. Such obligation to be a party and bound by this Agreement shall extend to all work
covered by the Agreement undertaken by this Company on the project and this Company shall
require all of its contractors and subcontractors of whatever tier to be similarly bound for all
work within the scope of the Agreement by signing and furnishing to you an identical Letter of
Assent prior to their commencement of work.
Sincerely,
[Name of Construction Company]
By: ________________________________
Name: ________________________________
Title: ________________________________
Contractor State License No. ________________________________
Project: _____________________________
[Copies of this letter must be submitted to the Community Workforce Coordinator and to the
Council per Section 2.4.2]
Page 199 of 1069
City of San Luis Obispo 36 Community Workforce Agreement
ATTACHMENT B
Local Resident Zip Codes
(Tier 1)
[City of San Luis Obispo]
93401
93403
93405
93406
93407
93408
93409
93410
(Tier 2)
[Remaining zip codes in the County of San Luis Obispo]
93252 93430 93445 93454
93402 93432 93446 93461
93420 93433 93449 93465
93422 93435 93451
93426 93442 93452
93428 93444 93453
(Tier 3)
[All zip codes in Santa Barbara and Monterey Counties]
93032 93252 93450 93930
93013 93254 93901 93932
93067 93427 93905 93933
93101 93429 93906 93940
93103 93434 93907 93943
93105 93436 93908 93944
93106 93437 93920 93950
93108 93440 93923 93953
93109 93441 93924 93955
93110 93455 93925 93960
93111 93458 93926 93962
93117 93460 93927 95004
95012
95039
95076
93463
(Tier 4)
(All zip codes in Ventura County)
Page 200 of 1069
City of San Luis Obispo 36 Community Workforce Agreement
ATTACHMENT C
CITY OF SAN LUIS OBISPO
CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax or email this form to the applicable union to request craft
workers that fulfill the hiring requirements for this project. After faxing or emailing your request, please call the
Union to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax
Transmission Verification Reports or email and keep copies for your records.
The City of San Luis Obispo, Community Workforce Agreement establishes a goal that 50% of all of the
construction labor hours worked on the Project shall be from qualified workers residing: First, Area Residents
residing in those first-tier zip codes which cover the City of San Luis Obispo, as reflected on the attached list of zip
codes, second, within San Luis Obispo County, third, within Santa Barbara and Monterey counties, fourth, within
Ventura County. For Dispatch purposes, employees residing within any of these four (4) areas shall be referred to as
Local Residents. Priority shall be given to veterans within each tier.
TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to the
requesting Contractor. Be sure to retain a copy of this form for your records.
CONTRACTOR USE ONLY
To: Union Local # Fax# ( ) Date:
Cc: Community Workforce Coordinator
From: Company: Issued By:
Contact Phone: ( ) Contact Fax: ( )
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.
Craft Classification
(i.e., plumber, painter,
etc.)
Journeyman
or
Apprentice
Local Resident
or
General Dispatch
Number
of
workers
needed
Report Date Report Time
TOTAL WORKERS REQUESTED = ______________
Please have worker(s) report to the following work address indicated below:
Project Name: _______________________ Site: _____________________ Address: ________________________
Report to: _______________________ On-site Tel: __________________ On-site Fax: ___________________
Comment or Special Instructions: ________________________________________________________________
Page 201 of 1069
City of San Luis Obispo 37 Community Workforce Agreement
UNION USE ONLY
WORKER REFERRED
Date dispatch request received:
Dispatch received by:
Classification of worker requested:
Classification of worker dispatched:
Name:
Date worker was dispatched:
Is the worker referred a: (check all that apply)
JOURNEYMAN
Yes _____ No _____
APPRENTICE
Yes _____ No _____
LOCAL AREA RESIDENT
Yes _____ No _____
GENERAL DISPATCH FROM OUT OF WORK LIST
Yes _____
No _____
VETERAN Yes _____
No _____
[This form is not intended to replace a Union’s Dispatch or Referral Form
normally given to the employee when being dispatched to the jobsite.]
Page 202 of 1069
City of San Luis Obispo 38 Community Workforce Agreement
ATTACHMENT D
TRI-COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL
APPROVED
DRUG AND ALCOHOL TESTING POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the construction
industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the
Parties agree that in order to enhance the safety of the workplace and to maintain a drug and
alcohol-free work environment, individual Employers may require applicants or employees to
undergo drug and alcohol testing.
1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other
unlawful substances, as well as being under the influence of alcohol and the possession or
consuming alcohol is absolutely prohibited while employees are on the Employer’s job premises
or while working on any jobsite in connection with work performed under the Community
Workforce Agreement (“CWA”).
2. No Employer may implement a drug testing program which does not conform in all
respects to the provisions of this Policy.
3. No Employer may implement drug testing at any jobsite unless written notice is given
to the Union setting forth the location of the jobsite, a description of the project under
construction, and the name and telephone number of the Project Supervisor. Said notice shall
be addressed to the office of each Union signing the CWA. Said notice shall be sent by email
or by registered mail before the implementation of drug testing. Failure to give such notice shall
make any drug testing engaged in by the Employer a violation of the CWA, and the Employer
may not implement any form of drug testing at such jobsite for the following six months.
4. An Employer who elects to implement drug testing pursuant to this Agreement shall
require all employees on the Project to be tested. With respect to individuals who become
employed on the Project subsequent to the proper implementation of a valid drug testing
program, such test shall be administered upon the commencement of employment on the
project, whether by referral from a Union Dispatch Office, transfer from another project, or
another method. Individuals who were employed on the project prior to t he proper
implementation of a valid drug testing program may only be subjected to testing for the
reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this
Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny
employment on the project.
5. The following procedure shall apply to all drug testing:
Page 203 of 1069
City of San Luis Obispo 39 Community Workforce Agreement
a. The Employer may request urine samples only. The applicant or employee shall
not be observed when the urine specimen is given. An applicant or employee, at his or her sole
option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the
Employer shall draw blood from a bargaining unit employee, touch or handle urine specimens,
or in any way become involved in the chain of custody of urine or blood specimens. A Union
Business Representative, subject to the approval of the individual applicant or employee, shall
be permitted to accompany the applicant or employee to the collection facility to observe the
collection, bottling, and sealing of the specimen.
b. An employer may request an applicant to perform an alcohol breathalyzer test, at a
certified laboratory only and cutoff levels shall be those mandated by applicable state or federal
law.
c. The testing shall be done by a laboratory approved by the Substance Abuse &
Mental Health Services Administration (SAMHSA), which is chosen by the Employer and the
Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay
Technique (EMIT). In the event a question or positive result arises from the initial test, a
confirmation test must be utilized before action can be taken against the applicant or employee.
The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels
for both the initial test and confirmation test will be those established by SAMHSA. Should these
SAMHSA levels be changed during the course of this Agreement or new testing procedures are
approved, then these new regulations will be deemed as part of this existing Agreement. Confirmed
positive samples will be retained by the testing laboratory in secured long-term frozen storage for
a minimum of one year. Handling and transportation of each sample must be documented through
strict chain of custody procedures.
e. In the event of a confirmed positive test result the applicant or employee may
request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory
for purposes of a second test to be performed at a second laboratory, designated by the Union
and approved by SAMHSA. The retest must be performed within ten (10) days of the request.
Chain of custody for this sample shall be maintained by the Employer between the original
testing laboratory and the Union's designated laboratory. Retesting shall be performed at the
applicant’s or employee’s expense. In the event of conflicting test results the Employer may
require a third test.
f. If, as a result of the above testing procedure, it is determined that an applicant or
employee has tested positive, this shall be considered sufficient grounds to deny the applicant or
employee his/her employment on the project.
Page 204 of 1069
City of San Luis Obispo 40 Community Workforce Agreement
g. No individual who tests negative for drugs pursuant to the above procedure and
becomes employed on the project shall again be subjected to drug testing with the following
exceptions:
1. Employees who are involved in industrial accidents resulting in damage to
plant, property or equipment or injury to him/her or others may be tested for drug or alcohol
pursuant to the procedures stated hereinabove.
2. The Employer may test employees following thirty (30) days advance
written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable
Union shall be as set forth in paragraph 3 above and such testing shall be pursuant to the procedures
stated hereinabove.
3. The Employer may test an employee where the Employer has reasonable
cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall
be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted
symptom of impairment (i.e., slurred speech, unusual lack of muscular coordination, etc.). Such
behavior must be actually observed by at least two persons, one of whom shall be a supervisor
who has been trained to recognize the symptoms of drug abuse or impairment and the other
of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward
on the project the other person shall be a member of the applicable Union’s bargaining unit.
Testing shall be pursuant to the procedures stated hereinabove. Emplo yees who are tested
pursuant to the exceptions set forth in this paragraph and who test positive will be removed
from the Employer's payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost
while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set
forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched
from the Union and who are not put to work pending the results of a test will be paid waiting
time until such time as they are put to work. It is understood that an applicant must pass the
test as a condition of employment. Applicants who are put to work pending the results of a
test will be considered probationary employees.
6. The Employers will be allowed to conduct periodic jobsite drug testing on the Project
under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's
employee who worked on that project three (3) working days before or after the date of the test;
b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the
work on the project;
c. Prior to start of periodic testing, a Business Representative will be allowed to
conduct an educational period on company time to explain periodic jobsite testing program to
affected employees;
Page 205 of 1069
City of San Luis Obispo 41 Community Workforce Agreement
d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the
provisions set forth in paragraph 5 hereinabove.
e. Only two (2) periodic tests may be performed in a twelve (12) month period.
7. It is understood that the unsafe use of prescribed medication, or where the use of
prescribed medication impairs the employee's ability to perform work, is a basis for the
Employer to remove the employee from the jobsite.
8. Any grievance or dispute which may arise out of the application of this Agreement shall
be subject to the grievance and arbitration procedures set forth in the CWA.
9. The establishment or operation of this Policy shall not curtail any right of any employee
found in any law, rule or regulation. Should any part of this Agreement be found unlawful by a
court of competent jurisdiction or a public agency having jurisdiction over the Parties, the
remaining portions of the Agreement shall be unaffected, and the Parties shall enter negotiations
to replace the affected provision.
10. Present employees, if tested positive, shall have the prerogative for rehabilitation program
at the employee’s expense. When such program has been successfully completed the Employer
shall not discriminate in any way against the employee. If work for which the employee is qualified
exists, he/she shall be reinstated.
11. The Employer agrees that results of urine and blood tests performed hereunder will be
considered medical records held confidential to the extent permitted or required by law. Such
records shall not be released to any persons or entities other than designated Employer
representatives and the applicable Union. Such release to the applicable Union shall only be
allowed upon the signing of a written release and the information contained therein shall not be
used to discourage the employment of the individual applicant or employee on any subsequent
occasion.
12. The Employer shall indemnify and hold the Union harmless against any and all claims,
demands, suits, or liabilities that may arise out of the application of this Agreement and/or any
program permitted hereunder.
13. Employees who seek voluntary assistance for substance abuse may not be disciplined for
seeking such assistance. Requests from employees for such assistance shall remain confidential
and shall not be revealed to other employees or management personnel without the employee's
consent. Employees enrolled in substance abuse programs will be subject to all Employer rules,
regulations and job performance standards with the understanding that an employee enrolled in
such a program is receiving treatment for an illness.
Page 206 of 1069
City of San Luis Obispo 42 Community Workforce Agreement
14. The Parties agree to develop and implement a drug abuse prevention and testing program
for all apprentices entering the industry.
15. This Memorandum of Understanding shall constitute the only Agreement in effect between
the Parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto
must be accomplished pursuant to collective bargaining negotiations between the Parties.
Page 207 of 1069
APPENDIX A: SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test
Analyte
Confirmatory Test Cutoff Concentration
Marijuana metabolites (THCA)2 50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite (Benzoylecgonine) 150 ng/ml 3 Benzoylecgonine 100 ng/ml
Codeine/
Morphine
2000 ng/ml Codeine Morphine 2000 ng/ml
2000 ng/ml
Hydrocodone/
Hydromorphone
300 ng/ml Hydrocodone
Hydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone
100 ng/ml Oxycodone
Oxymorphone
100 ng/ml
100 ng/ml
6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml
Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml
Amphetamine/
Methamphetamine
500 ng/ml Amphetamine
Methamphetamine
250 ng/ml
250 ng/ml
1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test
cutoff):
Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.
The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater;
if not, separate immunoassays must be used for the analytes within the group.
Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending
on the technology. At least one analyte within the group must have a concentration equal to or greater than the
initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's
validated limit of quantification) must be equal to or greater than the initial test cutoff.
2 An immunoassay must be calibrated with the target analyte, 9 -tetrahydrocannabinoJ-9- carboxylic acid (THCA).
3 Alternate technology (THCA and benzoylecgonine): The confirmatory test cutoff must be used for an alternate
technology initial test that is specific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ ml for
benzoylecgonine).
Page 208 of 1069
MDMA4/MDA5 500 ng/ml MDMA
MDA
250 ng/ml
250 ng/ml
Initial Test Analyte Initial Test Cutoff Confirmatory Test
Analyte
Confirmatory Test Cutoff Concentration
Barbiturates 300 ng/ml Barbiturates 200 ng/ml
Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml
Methadone 300 ng/ml Methadone 100 ng/ml
Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml
4 Methylenedioxymethamphetami ne (MDMA)
5 Methylenedioxyamphetamine (MDA)
Page 209 of 1069
SIDE LETTER OF AGREEMENT
TESTING POLICY FOR DRUG ABUSE
It is hereby agreed between the Parties hereto that an Employer who has otherwise properly
implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the
right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test
shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The
applicant or employee shall have the absolute right to select either of the two “quick” screen
tests, or to reject both and request a full drug test.
An applicant or employee who selects one of the "quick" screen tests, and who passes the
test, shall be put to work immediately. An applicant or employee who fails the "quick" screen
test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth
in the Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be
discarded immediately upon conclusion of the test. An applicant or employee shall not be
deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any
occurrence related to the “quick” screen test.
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ATTACHMENT E
LIST OF MASTER LABOR AGREEMENTS
Appendix
List of Master Labor Agreements
Craft Union Master Labor Agreement
1 Asbestos Heat & Frost Insulators
So. Cal. Chapter, Western Insulation Contractors Association-
International Association of Heat and Frost Insulators and Allied
Workers, Local #5
2 Boilermakers Boilermakers Local #92-Western States Boilermakers Agreement
3 Bricklayers & Allied Craft
Workers
Mason Contractors Exchange of So. Calif., Inc,-Bricklayers and
Allied Craftworkers Local # 4
4 Cement Masons So. Cal. General Contractors-Eleven So. Cal. Counties Cement
Masons Master Labor Agreement
5 Electricians IBEW Local # 639-NECA California Central Coast Chapter
Master Labor Agreement
6 Electricians-Sound &
Communication
So. Calif. 9th District Sound & Communications Agreement
between IBEW and NECA
7 Elevator Constructors National Elevator Bargaining Association-International Union of
Elevator Constructors Master Labor Agreement
8 Glaziers Local 636 Master Labor Agreement
9 Ironworkers (Reinforced Local
#416)
California Ironworkers Employers Council and District Council
of Ironworkers for California and Vicinity Master Labor
Agreement
10 Ironworkers (Structural-Local
#433)
California Ironworkers Employers Council and District Council
of Ironworkers for California and Vicinity Master Labor
Agreement
11 Laborers Southern California District Council of Laborers-Associated
General Contractors Master Labor Agreement
12 Operating Engineers Southern California Contractors Association-Operating Engineers
Local #12
13 Painters & Allied Trades Painters and Allied Trades District Council No. 36 MLA
14 Pipe Trades Locals #114/#345 Master Agreement for the Plumbing and Piping Industry for
Southern California
15 Resilient Floor and Decorative
Covering Local Union No. 1247 Master Labor Agreement As Amended
16 Sprinkler Fitters National Fire Sprinkler Fitter Association-Sprinklerfitters Local
#709 Master Labor Agreement
17 Drywall Finishers Southern California Drywall Finishers Joint Agreement
18 Plasterers Operative Plasterers & Cement Masons Local# 200-Western
Walls and Ceiling Contractors Association
19 Roofers & Waterproofers
Union Roofing Contractors Association-United Union Roofing
and Waterproofers and Allied Workers Locals #36 & #220
Master Labor Agreement
20 Sheet Metal Workers
Standard Form of Union Agreement between SMW Local 104
and Bay Area Association of SMACNA Chapters
21 Teamsters Southern California General Contractors-Teamsters Locals # 186
Master Labor Agreement
22 Carpenters United General Contractors-Southwest Regional Council of
Carpenters Master Labor Agreement
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