TranSystems Corporation - LGM Construction

February 28, 2000
Letter of Understanding: Union Hiring Hall Procedures
Mr. Barry Luboviski, Secretary-Treasurer
Building and Construction Trades Council of Alameda County
8400 Enterprise Way, Room 101
Oakland, CA 94621
RE: Port of Oakland Maritime and Aviation Project Labor Agreement:
Union Hiring Hall Procedures
Dear Mr. Luboviski:
During our negotiations, the local unions raised concerns that their agreement to the provisions of
the Project Labor Agreement sought by the Owner to enhance employment and contracting
opportunities for local workers and businesses could give rise to potential fair representation
claims by members. There were concerns that the local hire goals contained in Article V, Section
6, whereby 50% of all craft hours would be performed by Local Impact Area residents, could
expose the local unions to claims by workers on the local unions’ out-of–work lists.
During our discussions with the Union negotiating committee and in explanatory conversations
with concerned Locals, we confirmed the intent and effect of that Article to be that the identified
social justice goals are to be pursued and achieved only in the context of the established hiring
hall procedures and their normal operation. No Local Union is being asked to alter or dispense
with their hiring hall procedures. Article V, Section 6 makes it plain that: “The Contractor shall
make good faith efforts to reach this goal through the utilization of normal hiring hall procedures
listed in the Schedule A agreements and the resources of the “Community Resource Centers” set
out in Section 3 of this Article.” (See also, Section 3(e), “…to request a name call consistent
with normal union hiring hall procedures. (Emphasis added.)) Additionally, Section 8 of that
Article states the Unions will use the Community-based organizations as a source for hiring
qualified local residents only, “after their out-of-work lists are exhausted”.
The Unions have agreed to partner with the Owner and the Project Contractor in many valuable
areas of cooperation to achieve these mutual and agreed upon goals. They have been asked only
to respond to dispatch requests, consistent with their hiring hall procedures, in a manner that will
enhance the Contractors’ ability to meet these goals.
I trust that this accurately describes our agreement on this issue. If you and the Union
Negotiating Committee agree that these comments are consistent with your understanding of our
PORT OF OAKLAND MARITIME AND AVIATION PLA
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