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NPSA_Garland_2024 08 08 .docx
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NPSA_Garland_2024 08 08 .docx
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/8/2024
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<br /> <br />Non-Professional Services Agreement between August 8, 2024 <br />City of San Leandro and Garland/DBS Inc.—Exhibit F Page 8 of 22 <br />advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions <br />or construction persons employed on the Projects, at a job site of the Projects or at any other facility of <br />the City because of a dispute on the Projects. Nor shall the Unions or construction persons employed on <br />the Projects participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, <br />slowdowns, or otherwise advising the public that a labor dispute exists at a Project jobsite because <br />of a dispute between Unions and Contractor(s) on any other project. <br /> <br />4.1.2 As to construction persons employed on the Projects, there shall be no lockout of any kind by a <br />Contractor covered by this Agreement <br /> <br />4.1.3 If a Schedule A Agreement between a Contractor and the Union expires before the Contractor <br />completes the performance of a Construction Contract and the Union or Contractor gives notice of demand <br />for a new or modified Schedule A Agreement, the Union agrees that it will not strike, picket, hand-bill, <br />slowdown or engage in any other disruptive activity against the Contractor and the Contractor will not <br />lock out construction persons of the Union on said Construction Contract for work covered under this <br />Agreement and the Union and the Contractor agree that the expired Schedule A Agreement shall continue <br />in full force and effect for work covered under this Agreement until a new or modified Schedule A <br />Agreement is reached. If the new or modified Schedule A Agreement provides that any terms of the <br />new Schedule A Agreement shall be retroactive, the Contractor agrees to comply with any retroactive <br />terms of the new or modified Schedule A Agreement applicable to construction persons employed on <br />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 not picket) <br />from any Contractor/Employer who fails to make its timely payment of Trust Fund contributions or fails <br />to meet its weekly payroll. The affected Union shall give seventy-two (72) hours written notice to the City <br />and to the Contractor/Employer prior to withholding labor due to a Contractor's failure to make timely <br />payment of Trust Fund contributions and twenty-four <br />(24) hours written notice to the City and to the Contractor/Employer when a Contractor/Employer fails <br />to make weekly payroll or when paychecks are determined to be nonnegotiable by a financial institution <br />normally recognized to honor such paychecks, during which time the Contractor/Employer shall have the <br />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 (including <br />email) the Secretary-Treasurer/Business Manager/Senior Executive of the Council and the Senior <br />Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited <br />arbitration procedure set forth below. The Council will immediately use its best efforts to cause the <br />cessation of any violation of this Article. The leadership of the Union will immediately notify the membership <br />of its obligations under this Article. <br /> <br />4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, in <br />lieu of or prior to any other action at law or equity, when a breach of this Article 4 is alleged to have <br />occurred: <br /> <br />4.2.1 A party invoking this procedure shall notify Robert Hirsch whom the parties agree shall be <br />the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable <br />at any time, William Riker shall be the alternate arbitrator. If neither is available, then the arbitrator shall <br />Docusign Envelope ID: 23D71AEE-659C-4B6B-8D08-6EB3E43824A2
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