TranSystems Corporation - LGM Construction

(c) Prohibited Items. The use, sale, transfer, purchase and/or possession of a
controlled substance, alcohol and/or firearms at any time before or during the work
day is prohibited. Accordingly, the parties agree to adopt appropriate procedures
and safeguards for the testing of employees for prohibited or controlled substances.
It is agreed, with respect to such testing procedures, that:
(i) no person referred from the Union hiring hall shall be allowed on-site as
an employee until such person has completed and passed any test(s) required
under the program;
(ii) a person who is put to work immediately after having passed the tests shall
be paid starting at the time the person reported for the test(s); and
(iii) where a contractor requests a person to report for purposes of a pre-hire
substance abuse test, and does not intend to place the person in an active work
position on that day, the person shall receive four (4) hours of pay at the regular
straight-time hourly rate if the test is negative.
(iv) Once mutually agreed to, this uniform substance abuse prevention policy
will become an Appendix to this Agreement.
(d) Smoking. The parties acknowledge that the environmental and safety
restrictions governing conduct at the Project site may prohibit smoking at any time
in any location or facility. Violation of this restriction by any person may constitute
grounds for removal from the site and may result in termination.
(e) Security. The parties acknowledge that some work within the scope of this
Agreement will occur in restricted security areas of an operating airport and that
employees who will be required to work in such areas will, as a condition of
employment on this Project, be subjected to a personal background check and
security clearance pursuant to Federal Aviation Authority regulations governing the
Oakland Airport. The Unions acknowledge that Union representatives will undergo
the same clearance procedures as a condition to their access to these areas and
therefore agree that such conditions will be imposed. Application and enforcement
of such requirements may be grounds to terminate or deny an employee work on the
Project or to deny access of their representatives to these Project areas.
Section 2. Inspections. The inspection of incoming shipments of equipment, machinery and
construction materials of every kind shall be performed at the discretion of the
Contractor by individuals of its choice. All employees shall comply with the
security procedures established by the Owner, DSI/PCI and/or Contractor.
Section 3. Suspension of Work for Safety. A Contractor may suspend all or a portion of the
job to protect the life and safety of an employee. In such cases, employees will be
compensated only for the actual time worked; provided, however, that where the
PORT OF OAKLAND MARITIME AND AVIATION PLA
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