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TranSystems Corporation - LGM Construction

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Section 4. On work where the personnel of the Port may be working in close proximity to the<br />

construction activities, the Union agrees that the Union representatives, stewards<br />

and individual workers will not interfere with the Port personnel.<br />

ARTICLE VII<br />

MANAGEMENT'S RIGHTS<br />

Section 1. The Contractor retains the full and exclusive authority for the management of its<br />

operations. Except as expressly limited by other provisions of this Agreement, the<br />

Contractor retains the right to direct the workforce, including the hiring, promotion,<br />

transfer, layoff, discipline or discharge for just cause of employees; the selection of<br />

foremen; the assignment and schedule of work; the promulgation of reasonable<br />

work rules; and, the requirement of overtime work, the determination of when it<br />

will be worked and the number and identity of employees engaged in such work. No<br />

rules, customs, or practices that limit or restrict productivity, efficiency or the<br />

individual and/or joint working efforts of employees shall be permitted or observed.<br />

The Contractor may utilize any methods or techniques of construction.<br />

Section 2. There shall be no limitation or restriction by a signatory Union upon a Contractor’s<br />

choice of materials, design or manufacture, nor, upon the full use and utilization of<br />

equipment, machinery, tools, or other labor saving devices. The on-site installation<br />

or application of all items shall be performed by the craft having jurisdiction over<br />

such work; provided, however, it is recognized that installation of specialty items<br />

which may be furnished by the Owner may be performed by employees employed<br />

under this Agreement who may be directed by other personnel in a supervisory role,<br />

or, in limited circumstances requiring special knowledge of the particular item(s),<br />

may be performed by employees of the vendor or other companies where necessary<br />

to protect a manufacturer’s warranty or where the employees working under this<br />

Agreement lack the required skills to perform the work.<br />

Section 3. The use of new technology, equipment, machinery, tools and/or laborsaving devices<br />

and methods of performing work may be initiated by the Contractor from time-totime<br />

during the Project. Consistent with law and safe practices, the Union agrees<br />

that it will not in any way restrict the implementation of such new devices or work<br />

methods. If there is any disagreement between the Contractor and the Union<br />

concerning the manner or implementation of such device or method of work, the<br />

implementation shall proceed as directed by the Contractor, and the Union shall<br />

have the right to grieve and/or arbitrate the dispute as set forth in Article IX of this<br />

Agreement.<br />

ARTICLE VIII<br />

WORK STOPPAGES AND LOCKOUTS<br />

Section 1. There shall be no strikes, sympathy strikes, picketing, work stoppages, slowdowns<br />

or other disruptive activity for any reason (including disputes relating to the<br />

PORT OF OAKLAND MARITIME AND AVIATION PLA<br />

19

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