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Finance Highlights 2015 0317
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Finance Highlights 2015 0317
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
3/17/2015
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_CCAgenda 2015 0504 CS+RG
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7 <br />ARTICLE 4 <br />WORK STOPPAGES. STRIKES, SYMPATHY STRIKES AND LOCKOUTS <br />4.1 The Unions, City and Contractor agree that for the duration of the Projects: <br />4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, hand billing or <br />otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, <br />by the Unions or construction persons employed on the Projects, at a job site of the Projects or <br />at any other facility of the City because of a dispute on the Projects.Nor shall the Unions or <br />construction persons employed on the Projects participate in any strikes, sympathy strikes, work <br />stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor <br />dispute exists at a Project jobsite because of a dispute between Unions and Contractor(s) on any <br />other project. <br />4.1.2 As to construction persons employed on the Projects, there shall be no lockout of any <br />kind by a Contractor covered by this Agreement <br />4.1.3 If a Schedule A Agreement between a Contractor and the Union expires before the <br />Contractor completes the performance of a Construction Contract and the Union or Contractor <br />gives notice of demand for a new or modified Schedule A Agreement, the Union agrees that it <br />will not strike, picket, hand-bill, slowdown or engage in any other disruptive activity against the <br />Contractor and the Contractor will not lockout construction persons of the Union on said <br />Construction Contract for work covered under this Agreement and the Union and the <br />Contractor agree that the expired Schedule A Agreement shall continue in full force and effect for <br />work covered under this Agreement until a new or modified Schedule A Agreement is reached <br />between the Union and Contractor.If the new or modified Schedule A Agreement reached <br />between the Union and Contractor provides that any terms of the new Schedule A Agreement <br />shall be retroactive, the Contractor agrees to comply with any retroactive terms of the new or <br />modified Schedule A Agreement applicable to construction persons employed on theProjects within <br />seven(7)days. <br />4.1.4 It shall not be considered a violation of this article for a Union to withhold labor (but not <br />picket) from any Contractor/Employer who fails to make its timely payment of Trust Fund <br />contributions or fails to meet its weekly payroll. The affected Union shall give 72-hours written <br />notice to the City and to the Contractor/Employer prior to withholding labor due to a Contractor's <br />failure to make timely payment of Trust Fund contributions and 24- hours written notice to the City <br />and to the Contractor/Employer when a Contractor/Employer fails to make weekly payroll or when <br />paychecks are determined to be nonnegotiable by a financial institution normally recognized to honor <br />such paychecks, during which time the Contractor/Employer shall have the opportunity to correct <br />the default. <br />4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, <br />in lieu of or prior to any other action at law or equity, when a breach of this Article 4 is alleged to <br />have occurred: <br />4.2.1 A party invoking this procedure shall notify Robert Hirsch whom the parties agree shall be <br />the permanent arbitrator under this procedure. In the event that the permanent arbitrator is <br />unavailable at any time, William Riker shall be the alternate arbitrator. If neither is available, than the
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