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TranSystems Corporation - LGM Construction

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A Agreement for the period during which they are performing on-site Project work,<br />

except as modified by this Agreement including the attached letter of understanding.<br />

The Contractor agrees to deduct initiation fees, union dues or representation fees<br />

from the pay of any employee who executes a voluntary authorization for such<br />

deductions and to remit the dues and fees to the applicable Union or Council.<br />

Section 10. The Parties recognize the Owner’s commitment to provide opportunities to<br />

participate on the Project to emerging business enterprises as well as other<br />

enterprises that may not have previously had a relationship with the Unions<br />

signatory to this Agreement. To ensure that such enterprises will have an<br />

opportunity to employ their “core” employees on this Project, the parties agree that<br />

in those situations where a Contractor not a party to a current collective bargaining<br />

agreement with the signatory Union having jurisdiction over the affected work is a<br />

successful bidder, the Contractor may request by name, and the local will honor,<br />

referral of persons who have applied to the local union for Project work and who<br />

demonstrate the following qualifications:<br />

(1) possess any license required by state or federal law for the Project work to<br />

be performed;<br />

(2) have worked a total of at least one thousand (1,000) hours in the<br />

construction craft during the prior three (3) years;<br />

(3) were on the Contractor’s active payroll for at least sixty (60) out of the onehundred<br />

eighty (180) calendar days prior to the contract award; and<br />

(4) have the ability to perform safely the basic functions of the applicable trade.<br />

The Union will refer to such Contractor one journeyman employee from the hiring<br />

hall out-of-work list for the affected trade or craft, and will then refer one of such<br />

Contractor’s “core” employees as a journeyman and shall repeat the process, one<br />

and one, until such Contractor’s crew requirements are met or until such Contractor<br />

has hired ten (10) “core” employees, whichever occurs first. Thereafter, all<br />

additional employees in the affected trade or craft shall be hired exclusively from<br />

the hiring hall out-of-work list(s). For the duration of the Contractor’s work the<br />

ratio shall be maintained and when the Contractor’s workforce is reduced,<br />

employees shall be reduced in the same ratio of core employees to hiring hall<br />

referrals as was applied in the initial hiring.<br />

Section 11. Except as provided in Article VI, Section 3, individual seniority will not be<br />

recognized or applied to employees working on the Project.<br />

Section 12. The selection of craft foremen and/or general foremen and the number of foremen<br />

required shall be entirely the responsibility of the Contractor.<br />

PORT OF OAKLAND MARITIME AND AVIATION PLA<br />

17

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