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Reso 2015-104
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Reso 2015-104
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6/18/2015 5:27:30 PM
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6/18/2015 5:27:28 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
6/15/2015
Retention
PERM
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10A Action 2015 0615
(Reference)
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0615
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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 <br /> by the City until such time as the underlying grievance giving rise to the retention is withdrawn, 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 <br /> to the grievance shall decide, or to whomever an Arbitrator shall so order. <br /> ARTICLE 12 <br /> WORK ASSIGNMENTS AND 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 <br /> settled and adjusted according to the present Plan established by the Building and <br /> Construction Trades Department, or any other plan or method of procedure that may be <br /> adopted in the future by the Building and Construction Trades Department. Decisions <br /> rendered shall be final, binding and conclusive on the Contractor/Employer(s) and Union(s) <br /> 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. <br /> 12.3 All jurisdictional disputes shall be resolved without the occurrence of any strike, work <br /> stoppage, or slow-down of any nature, and the Contractor/Employer(s)' assignment shall be <br /> adhered to until the dispute is resolved. Individuals violating this Section shall be subject to <br /> immediate discharge. <br /> 12.4 Each Contractor/Employer(s) shall conduct a Pre-Job Conference with the Council prior <br /> to commencing Covered Work. Pre-job conferences for different Contractor(s) may be held <br /> together. <br /> ARTICLE 13 <br /> APPRENTICES <br /> 13.1 Recognizing the need to develop adequate numbers of competent workers in the <br /> construction industry, the Contractor/Employer(s) shall employ apprentices from California State- <br /> approved Joint Apprenticeship Programs in the respective crafts to perform such work as is <br /> within their capabilities and which is customarily performed by the craft in which they are <br />
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