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TranSystems Corporation - LGM Construction

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February 28, 2000<br />

Mr. Larry Blevins, Business Manager<br />

United Association, Local 342<br />

935 Detroit Avenue<br />

Concord, CA<br />

Letter of Understanding re: Prefabrication<br />

Re: Port of Oakland Maritime and Aviation Project Labor Agreement<br />

Article VII, Management’s Rights: Prefabrication<br />

Dear Mr. Blevins:<br />

This letter will confirm the discussions we had during the negotiation of the captioned<br />

Project Labor Agreement and the clarifications we made concerning the application of Article<br />

VII, Section 2, of the Agreement. Consistent with the provisions of that Article, the on-site<br />

fabrication and installation of pipe and pipe formations between manufactured components<br />

which are customarily the work of UA members will continue to be recognized as such.<br />

As you know from the discussions in negotiations, if fabrication work recognized by this<br />

letter as customarily the work of U.A. members is to be done off-site, this work will be<br />

performed in the Port’s Local Business Area and in shops or at off-site assembly yards<br />

employing workers whose terms and conditions of employment equal or exceed those established<br />

in the area under the prevailing wage laws for employees represented by the United Association,<br />

unless such work is performed otherwise pursuant to the provisions of this letter.<br />

The United Association recognizes that the timely completion of this project is vital to the<br />

Port and the Community it is intended to serve. Therefore, if the nature of the work, the project<br />

schedule, or contracting circumstances make it necessary to obtain fabrication outside the region<br />

or under conditions different than those described above, the United Association agrees to<br />

cooperate in accommodating the reasonable needs of the Project. The Project Contractor and the<br />

Union agree to discuss such circumstances affecting off-site fabrication contracting purchases<br />

where an accommodation is sought and any reasons making it necessary to depart from the<br />

conditions set forth above. The United Association will not unreasonably withhold its consent to<br />

such accommodations and Local 342 agrees to install on-site any components fabricated pursuant<br />

to the terms of this letter without limitation. The parties will make every effort to keep an open<br />

channel of communication to insure that both parties are fully informed of the facts affecting the<br />

substance of this letter.<br />

If you agree that this letter accurately sets forth the substance of our understanding and<br />

provides the basis for resolving any questions concerning the interpretation and application of<br />

Article VII, Section 2, of the Project Labor Agreement, please indicate your acceptance in the<br />

space provided below.<br />

Very truly yours,<br />

Jake Sloan, President, Davillier-Sloan, Inc.<br />

on behalf of the Project Contractor<br />

Agreed and accepted this ____ day of ______________ 2000.<br />

United Association Local 342<br />

By: ________________________________<br />

Larry Blevins, Business Manager<br />

PORT OF OAKLAND MARITIME AND AVIATION PLA<br />

51

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