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5A Public Hearings 2021 1213
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5A Public Hearings 2021 1213
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CM City Clerk-City Council - Document Type
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12/13/2021
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14 <br />faith" efforts to do so, through a specific submittal process to be included in their contractual <br />requirements, the City reserves the right to withhold the 5% retention on current progress <br />payments until such time that this failure is remedied, but not longer than ninety (90) days after <br />the date of substantial completion of the Projects or as required by law. However, Enforcement <br />of this Article will be through the Grievance Procedure set forth in Article 11. <br />ARTICLE 9 <br />GRIEVANCE PROCEDURE <br />9.1 All disputes involving discipline and/or discharge of employees working on the Project shall <br />be resolved through the grievance and arbitration provision contained in the Master Agreement <br />for the craft of the affected employee. No employee working on the Project shall be disciplined or <br />dismissed without just cause. <br />ARTICLE 10 <br />JOINT ADMINISTRATIVE COMMITTEE <br />10.1 The parties to this Agreement shall establish a five (5) person Joint Administrative <br />Committee. This Committee shall be comprised of two (2) representatives selected by the City; <br />two (2) representatives of the signatory Unions and Alameda County Building and Construction <br />Trades Council; and one (1) industry representative, mutually selected by the City and the <br />Alameda County Building and Construction Trades Council. Each representative shall designate <br />an alternate who shall serve in his or her absence for any purpose contemplated by this <br />Agreement. <br />10.2 The Joint Administrative Committee shall meet as required, but not less than once each <br />quarter, to review the implementation of the Agreement and the progress of the Projects <br />including, but not limited to, compliance with Article 8, prevailing wage, safety, craft workforce <br />levels and construction progress. Requests for certified payrolls from the Joint <br />Labor/Management Committee to which the Union(s) signatory to this Agreement are a party <br />shall be provided as required by law. <br />ARTICLE 11 <br />GRIEVANCE ARBITRATION PROCEDURE <br />11.1 The parties understand and agree that in the event any dispute arises out of the <br />meaning, interpretation or application of the provisions of this Agreement, the same shall be <br />settled by means of the procedures set forth herein. No grievance shall be recognized unless <br />the grieving party provides notice in writing to the signatory party with whom it has a dispute <br />within seven (7) calendar days after becoming aware of the dispute, but in no event more than <br />thirty (30) calendar days after it reasonably should have become aware of the event causing the <br />dispute. The time limits in this Article 11 may be extended by mutual written agreement of the <br />parties. <br />11.2 Grievances shall be settled according to the following procedures: <br />152
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