TranSystems Corporation - LGM Construction

Section 4. Any grievance involving a safety issue shall proceed under an expedited arbitration
procedure and shall not be subject to the step requirements set forth above.
Section 5. DSI/PCI is a party in interest in all proceedings under this Article, and must be
notified by the involved Contractor of all actions at Steps 2 and 3 and shall, upon its
request, be permitted to participate fully in all proceedings at these steps.
ARTICLE X
JURISDICTIONAL DISPUTES
Section 1. Work shall be assigned by the Contractor in accordance with the Plan for the
Settlement of Jurisdictional Disputes in the Construction Industry Including
Procedural Rules and Regulations (hereinafter the "Plan" or “The Green Book”, a
copy of which is on file with DSI/PCI), effective June 1, 1984, or any successor
plan, and will be based upon the appropriate agreements of record, decisions of
record and previously provided local written agreements between or among the
Unions. Such assignments will be disclosed by the Contractor at a pre-job
conference called by the Contractor and held in accordance with industry practice,
which pre-job conference will include a representative of DSI/PCI.
Section 2. (a) The parties agree that all jurisdictional disputes over assignment of work will be
settled in accordance with the procedural rules and regulations of the Plan. All
Contractors on this project agree to assign work and be bound to the terms and
conditions of the Plan for the Settlement of Jurisdictional Disputes in the
Construction Industry, and all signatory Unions agree that the assignments of the
Contractors shall be followed until the dispute is resolved in accordance with this
section.
(b) Any award or resolution made pursuant to this procedure, shall be final and
binding on the disputing Unions and the involved Contractor under this Agreement
only, and may be enforced in any court of competent jurisdiction in accordance with
the Plan. Such award or resolution shall not establish a precedent on any
construction work not covered by this Agreement. In all disputes under this Article,
the Project Contractor shall be considered a party in interest, with a full right of
participation.
Section 3. In making any determination hereunder, there shall be no authority to assign work to
a double or composite crew, that is, to more employees than the minimum required
to perform the work involved; nor to assign the work to employees who are not
qualified to perform the work involved. The aforesaid determination shall decide
only to whom the disputed work belongs.
Section 4. There will be no strikes, work stoppages, slowdowns, or other disruptive activity
arising out of any jurisdictional dispute. Pending the resolution of the dispute, the
work shall proceed as assigned by the Contractor. The award or resolution shall be
PORT OF OAKLAND MARITIME AND AVIATION PLA
25