TranSystems Corporation - LGM Construction

they shall be properly supervised and paid in accordance with provisions contained
within the Schedule A.
(b). The parties agree to a goal that only residents of the Port's Local Impact Area
(LIA, defined as Alameda, Emeryville, Oakland and San Leandro) shall be utilized
as apprentices but, that if sufficient and qualified apprentices from the LIA are not
available to achieve this goal, then residents of the Port's Local Business Area
(defined as Alameda County and Contra Costa County) may be utilized. The
Contractor shall make good faith efforts to reach this goal through the utilization of
normal hiring hall and apprentice procedures and, when appropriate, the
identification of potentially qualified apprentices through community-based
organizations working in collaboration with the apprentice programs.
(c) For the purposes of meeting the goal established in (b) above, a Contractor may
qualify for up to one-half (1/2) of the goal by employing LIA-based apprentices on
other work the Contractor is performing during the time it is working on Qualifying
Work under this Agreement.
(d) Sanctions may be imposed for failure to meet the goals or demonstrate "good
faith" effort to do so. In cases of alleged noncompliance, the issue may be referred
to the Social Justice Subcommittee of the Labor/Management Cooperation Joint
Administrative Committee for resolution. If a majority of the Subcommittee can
make no resolution, the issue may then be referred by the Social Justice
Subcommittee to Step 3 of the grievance procedure of Article IX for submission to
an arbitrator for a final and binding determination. For purposes of resolution of
any dispute arising under this Section, the Port and DSI/PCI shall be considered a
party-in-interest with full right of participation in the arbitration proceeding.
ARTICLE XIV
SAFETY
PROTECTION OF PERSON AND PROPERTY
JOINT LABOR/MANAGEMENT SAFETY COMMITTEE
Section 1. Safety. (a) Safe working conditions. It shall be the responsibility of each contractor
to ensure safe working conditions and employee compliance with any safety rules
contained herein or established by the Owner, DSI/PCI or the Contractor. It is
understood that the employees have an individual obligation to use diligent care to
perform their work in a safe manner and to protect themselves and the property of
the Contractor and the Owner.
(b) Rules. Employees shall be bound by the safety, security and visitor rules and
environmental compliance requirements established by the Contractor, DSI/PCI or
the Owner. These rules will be published and posted in conspicuous places
throughout the work site. An Employee's failure to satisfy his obligations under this
Section may subject him to discipline, including discharge.
PORT OF OAKLAND MARITIME AND AVIATION PLA
31