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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by the City until such time as the underlying grievance giving rise to the retention is withdrawn, 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 />15 <br />138537/808175 <br />