TranSystems Corporation - LGM Construction

February 28, 2000
Letter of Understanding re: Inspectors and Testers
Mr. Don Doser, Business Manager
International Union of Operating Engineers, Local 3
1620 S. Loop Road
Alameda, CA 94502
Re: Port of Oakland Maritime and Aviation Project Labor Agreement:
Coverage of Inspectors and Testers
Dear Mr. Doser:
This letter will confirm the understanding we reached in negotiations concerning the treatment of
workers classified as “Inspectors” or “Testers” under the terms of the captioned project labor agreement.
Specifically, Article II, Section 2(a) states that among the categories of employees who are excluded
from the scope of the Agreement are “inspectors” and “testers.” You have informed us that the
Operating Engineers’ local collective bargaining agreement covers inspectors and testers, whether the
Contractor hires them directly or engages the services of an inspection or testing firm. Our review of the
applicable language leaves that question open to interpretation based upon past industry practice under
the Schedule A. However, we are agreed that the referenced exclusion applies only to the inspectors and
testers that may be independently employed by the Port, but shall not apply to inspectors or testers
directly employed by the execution Contractors in the classifications set out in the Schedule A.
Moreover, we are agreed that a Contractor’s or firm’s obligations with regard to subcontracting inspector
or tester personnel will be governed by the historic interpretation of this issue under the Schedule A
agreement made part of this project labor agreement by reference and by any applicable provisions of law
governing work away from the job site.
I trust that this clarification is consistent with our discussion. If you agree that this letter
accurately states the terms of our understanding, please indicate your agreement and acceptance on
behalf of the Union in the space provided below.
Sincerely,
Jake Sloan, President, Davillier-Sloan, Inc.
on behalf of the Project Contractor
AGREED AND ACCEPTED
on behalf of Operating Engineers Local 3
this ____ day of ______________ 2000
___________________________
Don Doser, Business Manager
PORT OF OAKLAND MARITIME AND AVIATION PLA
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