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File Number: 14-448
<br />Covered Work and Cost Threshold: City staff recommends setting a baseline value so that the
<br />CWA would apply to City construction projects whose value exceeds $1,000,000. The
<br />Building Trades request a minimum value of $250,000. Staff's recommendation is based on
<br />programmatic necessities, including but not limited to maintaining efficiency of process and
<br />budget and project management flexibility. Based on staff research, other agencies have used
<br />the following thresholds:
<br />• City of Berkeley: $1,000,000 and above
<br />• City of Martinez: $500,000 and above
<br />• San Leandro Unified School District: Between $500,000 and $3,000,000
<br />• Port of Oakland: Varies, some as low as $50,000
<br />• Contra Costa County: $1,000,000
<br />• Solano County: $10,000,000
<br />Contracts would still be subject to competitive bidding laws, the payment of prevailing wages,
<br />and the City would still be required by law and its own ordinances to select the lowest
<br />responsive and responsible bidder.
<br />The work covered under the draft CWA includes all on-site construction, demolition, alteration,
<br />painting or repair of buildings, structures, landscaping, temporary fencing and other related
<br />activities for the projects that is within the craft jurisdiction of one of the Unions and that is part
<br />of the projects, including, pipelines, site preparation, survey work, and demolition. Some
<br />details related to the definition of covered work remain subject to refinement and negotiation
<br />with the Building Trades Council.
<br />Staff recommends that the agreement not apply to projects for which there is a prohibition,
<br />exclusion or other limitation imposed because of a grant, funding, or other agreement, as
<br />determined by the City, that creates a risk to the City of any repayment or return to source of
<br />any funds received.
<br />Labor Peace: For all projects covered by the Agreement, the Unions would agree that there
<br />will be no strikes, sympathy strikes, work stoppages, picketing, hand billing, or slowdowns of
<br />any kind, for any reason, on the projects, at a job site of the projects or at any other facility of
<br />the City.
<br />Union Hiring Hall: Contractors working on covered projects would be required, in filling craft
<br />job requirements, to utilize and be bound by the registration facilities and referral systems
<br />authorized by the unions who are signatory to the CWA. This is commonly referred to as the
<br />union hiring hall.
<br />This version of the CWA allows non-union contractors to use no more than five of their own
<br />employees and only if an equal number of union workers are also retained by the contractor.
<br />Non-union workers hired under this provision would still be required to register with the union
<br />hiring hall and the non-union contractor would be required to pay into the union trust fund,
<br />covering health and pension benefits for these workers.
<br />Local Hire and Apprentices: Berkeley's Agreement provides that Berkeley residents will
<br />City of San Leandro Page 3 Printed on 2/3/2015
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