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<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 /> <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 lock out 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 <br />for work covered under this Agreement until a new or modified Schedule A Agreement is <br />reached. If the new or modified Schedule A Agreement provides that any terms of the new <br />Schedule A Agreement shall be retroactive, the Contractor agrees to comply with any <br />retroactive terms of the new or modified Schedule A Agreement applicable to construction <br />persons employed on the Projects within seven (7) days. <br /> <br />4.1.4 It shall not be considered a violation of this article for a Union to withhold labor (but <br />not 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 seventy-two (72) <br />hours written notice to the City and to the Contractor/Employer prior to withholding labor due <br />to a Contractor's failure to make timely payment of Trust Fund contributions and twenty-four <br />(24) hours written notice to the City and to the Contractor/Employer when a <br />Contractor/Employer fails to make weekly payroll or when paychecks are determined to be <br />nonnegotiable by a financial institution normally recognized to honor such paychecks, during <br />which time the Contractor/Employer shall have the opportunity to correct the default. <br /> <br />4.1.5 If the City contends that any Union has violated this Article, it will notify in writing <br />(including email) the Secretary-Treasurer/Business Manager/Senior Executive of the Council <br />and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior <br />to instituting the expedited arbitration procedure set forth below. The Council will immediately <br />use its best efforts to cause the cessation of any violation of this Article. The leadership of the <br />Union will immediately notify the membership of its obligations under this Article. <br /> <br />4.2 Expedited Arbitration: Any party to this Agreement shall institute the following <br />procedure, in lieu of or prior to any other action at law or equity, when a breach of this Article 4 <br />is alleged to have occurred: <br /> <br />4.2.1 A party invoking this procedure shall notify Robert Hirsch whom the parties agree <br />shall be the permanent arbitrator under this procedure. In the event that the permanent <br />arbitrator is unavailable at any time, William Riker shall be the alternate arbitrator. If neither is <br />available, then the arbitrator shall be chosen from the list provided in Article XI. Notice to the <br />arbitrator shall be by the most expeditious means available, with notices by facsimile, <br />electronic mail or telephone to the party alleged to be in violation, to the City, to the Council <br />and to the involved local Union if a Union is alleged to be in violation of this Agreement. <br /> <br />4.2.2 Upon receipt of said notice, the arbitrator shall convene a hearing within twenty-four <br />(24) hours if it is contended that the violation still exists. <br />