Laserfiche WebLink
14 <br />agreement. A written opinion may be requested by a party from the Arbitrator. The time limits <br />specified in any step of the Grievance Procedure set forth in Section 11.2 may be extended <br />by mutual agreement of the parties initiated by the written request of one party to the other, <br />at the appropriate step of the Grievance Procedure.However, failure to process a grievance, <br />or failure to respond in writing within the time limits provided above, without the request <br />for an extension of time, shall be deemed a waiver of such grievance without prejudice, or <br />without precedent to the processing of and/or resolution of like or similar grievances or <br />disputes. <br />11.4 The decision of the Arbitrator shall be binding upon all parties. The Arbitrator shall not <br />have authority to change, amend, add, or detract from any of the provisions of the <br />Agreement. The expenses of the Arbitrator shall be borne equally by both parties. <br />11.5 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this <br />Grievance Procedure, the parties agree that such settlements shall not be precedent setting. <br />11.6 Retention: At the time a grievance is submitted under this Agreement or any Master <br />Agreement, the Union(s) may request that the City withhold and retain an amount from what is <br />due and owing to the Contractor(s) against whom the grievance is filed, sufficient to cover the <br />damages alleged in the grievance, should the Union(s) prevail. The amount shall be retained by <br />the City until such time as the underlying grievance giving rise to the retention is withdrawn, <br />settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to <br />the grievance shall decide, or to whomever an Arbitrator shall so order. <br />ARTICLE 12 <br />JURISDICTIONAL DISPUTES <br />12.1 The assignment of Covered Work will be solely the responsibility of the <br />Contractor/Employer(s) performing the work involved. However, such work assignments will <br />be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction <br />Industry (the “Plan”) or any successor Plan. <br />12.2 All jurisdictional disputes on the Projects between or among the Union(s) shall be settled <br />and adjusted according to the present Plan established by the Building and Construction Trades <br />Department, or any other plan or method of procedure that may be adopted in the future by <br />the Building and Construction Trades Department. Decisions rendered shall be final, binding <br />and conclusive on the Contractor/Employer(s) and Union(s) parties to this Agreement. <br />12.2.1 If a dispute arising under this Article involves the Northern California Carpenters <br />Regional Council or any of its subordinate bodies, an Arbitrator shall be chosen by the <br />procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, <br />Thomas Angelo, Robert Hirsch and Thomas Pagan and the Arbitrator’s hearing on the dispute <br />shall be held at the offices of the California State Building and Construction Trades Council in <br />Sacramento, California, within fourteen (14) calendar days of the selection of the Arbitrator. <br />All other procedures shall be as specified in the Plan.