V
OFFICE OF THE MAYOR
CITY OF CHICAGO
RICHARD M. DALEY
MAYOR
January 13, 2011
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Corporation Counsel, 1 transmit herewith an ordinance authorizing the execution of a Project Labor Agreement.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
SUBSTITUTE ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The City Council hereby approves, and the Corporation Counsel is authorized to execute on behalf of the City, a Multi-project Labor Agreement between the City of Chicago and various labor organizations in substantially the form attached hereto as Exhibit A.
SECTION 2. This ordinance shall be in full force and effect from and after its passage and approval.
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CITY OF CHICAGO
MULTI- PROJECT LABOR AGREEMENT
This Model Multi-Project Labor Agreement ("Agreement") is entered into by and between City of Chicago, an Illinois municipal corporation, as Owner, on behalf of itself and each of its contractors, subcontractors of whatsoever tier performing construction work on any project to which this Agreement shall be applicable, and each of the undersigned labor organizations signatory hereto.
Whereas, Owner is responsible for construction, demolition, rehabilitation, maintenance, and/or renovation of real property located in Chicago, Illinois; Due to the size, scope, cost and duration of the multitude of Projects traditionally performed by the City of Chicago, the parties to this Agreement have determined that it is in their interest to have these Projects completed in the most timely, productive, economical and orderly manner possible, and without labor disruptions of any kind that might interfere with, or delay, any of these Projects;
Whereas, the parties have determined that it is desirable to eliminate the potential for friction and disruption of these Projects by using their best efforts and ensuring that all work is performed by the trade unions that are signatory hereto and which have traditionally performed and have trade and geographic jurisdiction over such work. Experience has proven the value of such cooperation, and that such mutual undertakings should be maintained, and if possible, strengthened, and that the ultimate beneficiaries remain the Owner of the project; and,
Whereas, the Owner acknowledges that it has a serious and ongoing concern regarding labor relations associated with the Projects and through its completion irrespective of the existence of a collective bargaining relationship with any of the signatory labor organizations.
NOW THEREFORE, in order to further these goals and objectives and to maintain the spirit of harmony, labor-management cooperation and stability, the parties agree as follows:
1. During the term of this Agreement, Owner its representatives and agents shall not contract or subcontract, nor permit any other person, firm, company, or entity to contract or subcontract, any construction, demolition, rehabilitation or renovation work for the Project work covered under this Agreement or within the trade jurisdiction of the signatory labor organization, to be performed at the Site of construction or off-site solely for installation at the Site (including all tenant improvements, if applicable), unless such work is performed only by a person, firm or company signatory, or willing to become signatory, to the applicable area-wide collective bargaining agreement(s) with the union(s) or the appropriate trade/craft union(s) or subordinate body or affiliate of the Chicago & Cook County Building & Construction Trades Council ("Council") or the Teamsters' Joint Council No. 25. Copies of all such current collective bargaining agreements constitute Appendix "A" of this Agreement, attached hereto and made an integral part hereof, and as may be modified from time to time during the term of this Agreement. Said provisions of this Agreement shall be included in all Requests for Bids and/or Proposals and shall be explicitly included in all contracts or subcontracts of whatsoever tier by all contractors and subcontractors; provided that the total Project value exceeds $25,000.00. In no event shall contracts be "split" so as to avoid the applicability of this Agreement. In the event a dispute arises with respect to the applicability of this Multi-Project Labor Agreement to a particular project, the parties agree to submit said dispute to final and binding arbitration before a Permanent Umpire who shall be mutually agreed to by the parties.
2. With respect to a contractor or subcontractor who is the successful bidder, but is not signatory to the applicable collective bargaining agreement, the collective bargaining agreement(s) executed by said bidder shall be the relevant area-wide agreement(s) regulating or governing wages, hours and other terms and conditions of employment.
3. During the term of this Agreement, the Owner or any Project contractor and subcontractor shall engage in no lockout.
4. During the term of this Agreement, no labor organization signatory hereto, or any of its members, officers, stewards, agents, representatives, or employees shall instigate, authorize, support, sanction, maintain, or participate in any strike, walkout, work stoppage, work slowdown, work curtailment, cessation or interruption of production, or in any picketing of any Site covered under this Agreement for any reason whatsoever, including but not limited to the expiration of any of the collective bargaining agreements referred to on Appendix A. In the event of an economic strike or other job action upon the termination of an existing collective bargaining agreement, in no event shall any adverse job action be directed against any covered Project. All provisions of the subsequently negotiated collective bargaining agreement shall be retroactive for all employees working at a Project Site, provided such a provision for retroactivity is contained in the newly negotiated collective bargaining agreement.
5. Each Union signatory hereto agrees that it will use its best efforts to prevent any of the acts forbidden in Paragraph 4, and that in the event any such act takes place or is engaged in by any employee or group of employees, each Union signatory hereto further agrees that it will use its best efforts (including its full disciplinary power under its Constitution and/or By-Laws) to cause an immediate cessation thereof.
6. Any contractor of subcontractor signatory or otherwise bound stipulated or required to abide by and to any provisions of this Agreement shall have the right to discharge or discipline any employee who violates the provisions of this Agreement. Such discharge or discipline by a contractor or subcontractor shall be subject to the Grievance/Arbitration procedure of the applicable collective bargaining agreement only as to the fact of such employee's violation of this Agreement. If such fact is established, the penalty imposed shall not be disturbed. Work at any Site covered under this Agreement shall continue without disruption or hindrance of any kind during^any Grievance/ Arbitration procedure.
7. The parties expressly authorize a court of competent jurisdiction to order appropriate injunctive relief to restrain any violation of this Agreement, any form of self-help remedy is expressly forbidden. Nothing in the foregoing shall restrict any party to otherwise judicially enforce any provision of its collective bargaining agreement between any labor organization and a contractor with whom it has a collective bargaining relationship.
8. This Agreement shall become effective, and shall be included in all Requests for Proposals and/or Bids, all Purchase Orders, Contracts or other arrangements issued by the City of Chicago for work described in Paragraph 1 above immediately subsequent to the ratification of the Ordinance authorizing this Multi-Project Labor Agreement by the City Council.
9. This Agreement shall expire on December 31, 2016 and shall be automatically extended for an additional five (5) year term unless the parties issue a notice to terminate between sixty (60) and (30) days prior to the initial expiration date.
10. In the event a dispute shall arise between any contractor or subcontractor of the Project and any signatory labor organization and/or fringe benefit fund established under any of the appropriate collective bargaining agreements as to the obligation and/or payment of fringe benefit contributions provided under the collective bargaining agreement, upon proper notice to the contractor(s) or subcontractor(s) by the applicable labor organization or fringe benefit fund and to the contractor or subcontractor, an amount sufficient to satisfy the amount claimed shall be withheld from the contractor's or subcontractor's regularly scheduled periodic payment from the contractor or subcontractor, or their agents until such time as said claim is resolved.
11. In the event of a jurisdictional dispute by and between any labor organizations signatory hereto, such labor organizations shall take all steps necessary to promptly resolve the dispute. In the event of a dispute relating to trade or work jurisdiction, all parties, including the employers, contractors or subcontractors, agree that a final and binding resolution of the dispute shall be resolved as follows:
a. ) Representatives of the affected trades shall meet on the job site within forty-eight (48)
hours after receiving notice in an effort to resolve the dispute. (In the event there is a dispute between local unions affiliated with the same International Union, the decision of the General President, or his/her designee, as the internal jurisdictional authority of that International Union, shall constitute a find and binding decision and determination as to the jurisdiction of work.)
b. ) If no settlement is achieved subsequent to the preceding Paragraph, the matter shall be
referred to the Chicago & Cook County Building & Construction Trades Council, which shall meet with the affected trades within forty-eight (48) hours subsequent to receiving notice. An agreement reached at this Step shall be final and binding.
c. ) If no settlement agreements is reached during the proceedings contemplated by Paragraph "a"
or "b" above, the matter shall be immediately referred to the Joint Conference Board, established by the Standard Agreement between the Construction Employers' Association and the Chicago & Cook County Building & Construction Trades Council, which may be amended from time to time, for final and binding resolution of said dispute. Said Standard Agreement is attached hereto as Appendix "B" and specifically incorporated into this Agreement.
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12. This Agreement shall be incorporated into and become part of the collective bargaining agreements between the Unions signatory hereto and contractors and subcontractors. In the event of any inconsistency between this Agreement and any collective bargaining agreement, the terms of this Agreement shall supersede and prevail except for all work performed under the NT Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors with the exception of the content and subject matter of Articles V, VI and VII of the AFL-CIO's Building & Construction Trades Department model Project Labor Agreement.
13. The parties agree that in the implementation and administration of this Agreement, it is vitally necessary to maintain effective and immediate communication so as to minimize the potential of labor relations disputes arising out of this Agreement. To that end, each party hereto agrees to designate, in writing, a representative to whom problems can be
directed which may arise during the term of this Agreement. Within forty-eight (48) hours after notice of the existence of any problem, representatives of each party shall meet to discuss and, where possible, resolve such problems. The representative of the signatory unions shall be Thomas Villanova, or his designee, President of the Chicago & Cook County Building & Construction Trades Council. The representative of Owner shall be the Corporation Counsel or his/her designee.
14. If any provision, section, subsection or other portion of this Agreement shall be determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in part, and such determination shall become final, such provision or portion shall be deemed to be severed or limited, but only to the extent required to render the remaining provisions and portions of this Agreement enforceable. This Agreement, as thus amended, shall be enforced so as to give effect to the intention of the parties insofar as that is possible. In addition, the parties hereby expressly empower a court of competent " jurisdiction to modify any term or provision of this Agreement to the extent necessary to comply with existing law and to enforce this Agreement as modified.
15. Owner and General Contractor, on behalf of themselves and their contractors and subcontractors agree that the applicable substance abuse policy (i.e., drug, alcohol, etc.) applicable to the employees working on any covered Project shall be that as contained, or otherwise provided for, in the area-wide collective bargaining agreements attached at Appendix "A" to this Agreement. Nothing in the foregoing shall limit the Owners and/or General Contractor, its contractors or subcontractors from instituting its own substance abuse policy governing other employees performing work on a Project not otherwise covered under this Agreement. In the event there is no substance abuse policy in the applicable collective bargaining agreement, the policy adopted by the Owners and/or General Contractor may apply.
16. The parties recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The parties agree to utilize the services of the- Center for Military Recruitment, Assessment and Veterans Employment (hereinafter referred to as the "Center") and the Center's Helmets to Hardhats" program to service as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities.aqd other needs as identified by the parties. The parties also agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this project and of apprenticeship and employment opportunities for these Projects. To the extent permitted by law, the parties will give appropriate credit to such veterans for bona fide, provable past experience, in the building and construction industry.
The parties recognize the importance of facilitating the goals and objectives of the Apprenticeship & Training Initiative agreed to by the parties in separate collective bargaining agreements applicable to employees of the Owner. Additionally, parties agree to incorporate the duties and responsibilities associated with the Supplemental Addendum to the Multi-Project Labor Agreement between the signatory labor organizations and the Chicago Public Schools attached hereto in Appendix "C" and incorporated herein. Towards these ends, the undersigned labor organizations will assist and cooperate with the Owner, the Chicago Public Schools, City Colleges and contractors in monitoring and enforcing the foregoing commitments, including providing relevant information requested by the Owner for the purpose of such monitoring and enforcement, including
the information provided for in Paragraph 3(E) of the Supplemental Addendum with CPS. Upon execution of this Agreement, representatives of the Owner and the Chicago Building Trades Council will immediately meet for the purpose of establishing the specific mechanism by which this information will be gathered, processed and reported.
The parties hereto agree and acknowledge that the commitments set forth herein, including those in the attached Appendix "C" are interdependent. In the event the goals and commitments set forth in Appendix "C" are not realized, the City shall bring this to the attention of the Chicago Building Trades Council ("Council"), and the parties shall immediately meet for the purpose of identifying the cause(s) of said failure and implement necessary measures to remedy the failure. Should the Council's affiliate members refuse to implement measures reasonably necessary to realize these goals and commitments, the City may terminate this Agreement subsequent to January 13, 2013. If, as of June 1, 2012, the City believes that the Council's affiliate members have failed to implement measures reasonably necessary to realize these goals and commitments, the City may at that time deliver to the Council formal written notice of intent to terminate this Agreement on January 1, 2013. Upon deliverance of such notice, the parties shall immediately meet to craft and implement additional measures to remedy such failure. If the parties are unsuccessful in implementing satisfactory measures, the City may implement said notice of termination on January 1, 2013.
The parties acknowledge the Residency requirement for employees of contractors and subcontractors in the standard City of Chicago construction contract. The parties also agree to cooperatively work and monitor compliance with these requirements and to work cooperatively to facilitate and work in good faith to the achievement of said required Residency provision including union attendance at pre-bid conferences with prospective contractors and subcontractors as well as other reasonable undertakings to demonstrate progress in this regard.
17. The parties agree that contractors and subcontractors working under the provisions of this Agreement shall be required to strive to utilize the maximum number of apprentices on said Project as permitted under the applicable collective bargaining agreement as contained in Appendix "A".
18. This document, with each of the Attachments, constitutes the entire agreement of the parties and may not be modified or changed except by the subsequent written agreement of the parties.
19. All parties represent that they have the full legal authority to enter into this Agreement.
The undersigned, as the Owner and Labor Organizations on the Project, agree to all of the terms and conditions contained in this Agreement.
Dated this the 9th day of February, 2011 in Chicago, Cook County, Illinois.
On behalf of Owner:
Corporation Counsel
Duly Authorized Officer of the City of Chicago
On behalf of
(Insert Name of Labor Organization)
Its Duly Authorized Officer
APPENDIX "A" AREA-WIDE COLLECTIVE BARGAINING AGREEMENT(S)
Chicago & Cook County Building and Construction Trades Council
150 North Wacker Drive - Suite 1850 Chicago, Illinois 60606 Phone 312-372-2049 Fax 312-372-7342
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Thomas P. Villanova Robert R. Iloskuvidi Tcrrence. P. rit/maurke Brian Clynn lames T. Sullivan
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Frank O'Lonc. lames Allen lames Buchanan Kocfo Torranova Frank Taft'ora
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APPENDIX "B" STANDARD AGREEMENT
JOINT CONFERENCE BOARD STANDARD AGREEMENT 2/1/10-5/31/15
Construction Employers' Association
And
Chicago & Cook County Building & Construction Trades Council
The Standard Agreement between
The Construction Employers'Association
and
The Chicago & Cook County Building & Construction Trades Council Establishing The Joint Conference Board
CHRONOLOGY
ADOPTED NOVEMBER 18, 1926 AMENDED AND READOPTED JANUARY 11, 1929 AMENDED AND READOPTED JUNE 24, 1942 READOPTED APRIL 28, 1947 AMENDED AND READOPTED MARCH 19, 1952 READOPTED FEBRUARY 12, 1957 AMENDED AND READOPTED'MAY 13, 1958 AMENDED AND READOPTED FEBRUARY 11, 1960 AMENDED AND READOPTED MAY-21, 1963 AMENDED NOVEMBER 16, 1965 AMENDED MARCH 14, 1967 AMENDED AND READOPTED MARCH 4, 1968 AMENDED AND READOPTED NOVEMBER 11, 1971 READOPTED NOVEMBER 20, 1973 READOPTED DECEMBER 12, 1978 READOPTED APRIL 12, 1983 READOPTED MARCH 31, 1988 AMENDED AND READOPTED APRIL 25, 1989 REFORMATTED, AMENDED AND READOPTED JUNE 1, 1994 AMENDED AND READOPTED JUNE 1, 1999
AMENDED APRIL 1, 2003 AMENDED AND READOPTED JUNE 1, 2004 AMENDED AND READOPTED JUNE 1, 2005 AMENDED AND READOPTED JUNE 25, 2008 AMENDED AND READOPTED FEBRUARY 15, 2010
Expiration Date: MAY 31, 2015
TABLE OF CONTENTS Article Page
Preamble..................................................................................1
Declaration of Principles..........................................................2
Articles of Agreement..............................................................3
I. No Work Stoppage..........................................................3
II. Stipulation.........................................................................3
III. Rights...............................................................;..............3
Paragraph 1 Abandonment of Work............................3
Paragraph 2 Collection of Wages...................................3
Paragraph 3 Contracting.................................................3
IV. Apprenticeship..............................................................=..4
V. Joint Conference Board..................................................4
VI. Arbitrator's Criteria........................................................4
VII. Arbitration.........................................................................6
Paragraph 1 Annual Meeting..................................6
Paragraph 2 Make Up of JCB..................................6
Paragraph 3 Selection of Arbitrators........................6
Paragraph 4 Unfilled Terms.......................................6
Paragraph 5 Substitutes at Meetings........................7
Paragraph 6 Notice of Meetings.................................7
Paragraph 7 Quorum................................................7
Paragraph 8 Impartiality.............................................7
Paragraph 9 Initiation of a Hearing..........................7
Paragraph 10 Presentations........................................8
Paragraph 11 Other Attendees.....................................8
Paragraph 12 Witnesses...............................................8
VIII.
Paragraph 1 Visiting Jobs...........................,.........8
Paragraph 2 Tools....................................................8
Paragraph 3 Small Tasks..................................t.......9
Paragraph 4 Compliance of Agreements..................9
Paragraph 5 Paragraph 6
Paragraph 7 Area of Jurisdiction..............................9
Paragraph 8 Decisions Finaf....................................9
Paragraph 9 Complaints.............................................9
Paragraph 10 Violations...............................................9
Paragraph 11 Notices.................................................10
Paragraph 12 Holidays...............................................10
Paragraph 13 Enforcement.........................................10
Paragraph 14 Question of Jurisdiction.......................11
Paragraph 15 Terms of Agreement..........................11
PREAMBLE
This Agreement is entered into to prevent strikes and lockouts and to facilitate peaceful adjustment of jurisdictional disputes in the building and construction industry and to prevent waste and unnecessary avoidable delays and expense, and for the further purpose of at all times securing for the employer sufficient skilled workers and so far as possible to provide for labor continuous employment, such employment to be in accordance with the conditions and at the wages agreed upon, in the particular trade or craft, that stable conditions may prevail in the construction industry, that costs may be as low as possible consistent with fair wages and conditions and further to establish the necessary procedure by which these ends may be accomplished. »
This Standard Agreement shall be considered and shall constitute a part of all agreements between Employers and Labor Unions, members of the Construction Employers' Association, herein call the Association, and the Chicago & Cook County Building & Construction Trades Council, herein called the Council, as containing within its terms the necessary protection of and assuring undisturbed conditions in the industry. In the event of any inconsistency between this Agreement and any collective bargaining agreement, the terms of this Agreement shall supersede and prevail except for all work performed under the NT Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors with the exception of the content and subject matter of Articles V, VI and VII of the AFL-CIO's Building & Construction Trades Department model Project Labor Agreement.
DECLARATION OF PRINCIPLES
The Principles contained herein are fundamentals and no articles or section in this Agreement or in the collective bargaining agreement pertaining to a specific trade or craft shall be construed as being in conflict with these principles, In the event any conflict exists between this Agreement and any collective bargaining agreement subject to the Provisions of this Agreement and the dispute resolution provisions contained hereunder, and pertaining to a specific trade or craft concerning the resolution of jurisdictional disputes, the parties specifically agree that the terms of this Agreement are exclusive and supersede any other provisions or procedures relating to the settlement of jurisdictional disputes contained in such collective bargaining agreement.
I. There shall be no limitation as to the amount of work a worker shall perform during the work day.
II. There shall be no restriction on the use of machinery, tools or appliances.
III. There shall be no restriction on the use of any raw or manufactured material, except prison made.
IV. No person shall have the right to interfere with workers during working hours.
V. The use of apprentices shall not be prohibited.
VI. The foreman shall be the agent of the employer.
VII. The worker is at liberty to work for whomever he or she sees fit but such worker shall demand and receive the wages agreed upon in the collective bargaining agreement covering the particular trade or craft under any circumstances.
VIII. The employer is at liberty to employ and discharge for just cause whomsoever the employer sees fit.
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ARTICLES OF AGREEMENT
ARTICLE I
Therefore, with the Preamble and Declaration of Principles as part of and fundamental to this Agreement, the parties hereto hereby agree that there shall be no lockout by any employer, or strikes, stoppage, or the abandonment of work either individually or collectively, by concerted or separate action by any union without arbitration of any jurisdictional dispute as hereinafter provided.
ARTICLE II
The parties hereto hereby agree that in the manner herein set forth, they and the parties whom they represent will submit to arbitration all jurisdictional disputes that may arise between them and any misunderstanding as to the meaning or intent of all, or any part, of this Agreement, and they further agree that work will go on undisturbed during such arbitration, and that the decision of the arbitrator shall be final and binding on the parties hereto as provided in Article VI.
ARTICLE III
Paragraph 1. Should a Union affiliated with the Council abandon its work without first submitting any jurisdictional dispute to arbitration as provided herein, or should any employees whom it represents individually or collectively, or by separate or concerted action, leave the work, the employer shall have the right to fill the places of such workers with workers who will agree to work for the employer, and the Union shall not have the right to strike, or abandon the work, because of the employment of such workers.
Paragraph 2. The Union shall have the right to take the employees whom it represents from the work for the purpose of collecting wages and fringe benefits due, but such matter shall immediately be referred to arbitration. Should there be a dispute as to the amount due, the matter shall be first referred to arbitration as herein set forth,
Paragraph 3. The parties recognize the importance of having all work performed in a satisfactory manner by competent craftsmen. Because the unions affiliated with the Council have through apprenticeship and other training programs consistently striven to create an adequate supply of such skilled workers, and because it is desirable that the unions continue to do so, the Association, for itself and for each employer whom it represents agrees, to the extent permitted by law, that it will contract or subcontract any work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work, only with or to a contractor who is a party to a collective bargaining agreement with a union affiliated with the Council and, accordingly, is bound by all the terms and provisions of this Standard Agreement.
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ARTICLE IV
The parties recognize the importance of having available and furnishing at all times' during the life of this Agreement sufficient skilled workers, capable of performing the work of their trade, and to constantly endeavor to improve the ability of such workers and further to have in the making, through apprenticeship training, workers who can enter the trade properly equipped to perform the work, and to the extent possible, the parties agree to do everything within their power to cooperate in carrying out these purposes. Joint apprenticeship committees shall have the right to maintain schools for the training of apprentices registered under the terms of the particular collective bargaining agreement involved and such apprentices shall be considered skilled and qualified journeymen when adjudged competent by a committee composed of the members of the parties to the particular collective bargaining agreement involved. However, this article shall not be construed to disturb present systems wherein the labor organization which is a party to the particular collective bargaining agreement involved compels apprentices to attend trade school.
ARTICLE V
A Joint Conference Board is hereby created by agreement between the Association and the Council, which shall be binding upon the members and affiliates of each, and it is hereby agreed by the parties hereto, together with their members and affiliates, that they will recognize the authority of said Joint Conference Board and that its decisions shall be final and binding upon them as provided in Article VI, The administration of the Joint Conference Board shall be executed by the Secretary of the Board. All normal operating and all extraordinary expenses shall be borne equally.
ARTICLE VI
The Joint Conference Board shall be responsible for the administration of this Agreement. The primary concern of the Joint Conference Board shall be the adjustment of jurisdictional disputes by arbitrators selected by the Board. Decisions rendered by any arbitrator under this Agreement appointed by the Joint Conference Board relating to jurisdictional disputes shall be only for the specific job under consideration and shall become effective immediately and complied with by all parties. In rendering a decision, the Arbitrator shall determine:
a) First whether a previous Agreement of Record or applicable agreement, including a disclaimer agreement, between the National or International Unions to the dispute governs.
b) Only if the Arbitrator finds that the dispute is not covered by an appropriate or applicable Agreement of Record or agreement between the National or International Unions to the dispute, he shall then consider the established trade practice in the industry and prevailing practice in the locality. Where there is a
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previous Decision of Record governing the case, the Arbitrator shall give equal weight to such Decision of Record, unless the prevailing practice in the locality in the past ten years favors one craft. In that case, the Arbitrator shall base his decision on the prevailing practice in the locality. Except, that if the Arbitrator finds that a craft has improperly obtained the prevailing practice in the locality through raiding, the undercutting of wages or by the use of vertical agreements, the Arbitrator shall rely on the Decision of Record and established trade practice in the industry rather than the prevailing practice in the locality.
c) In order to determine the established trade practice in the industry and prevailing practice in the locality, the Arbitrator may rely on applicable agreements between the Local Unions involved in the dispute, prior decisions of the Joint Conference Board for specific jobs, decisions of the National Plan and the National Labor Relations Board or other jurisdictional dispute decisions, along with any other relevant evidence or testimony presented by those participating in the hearing.
d) Only if none of the above criteria is found to exist, the Arbitrator shall then consider that because efficiency, cost or continuity and good management are essential to the well being of the industry, the interests of the consumer or the past practices of the employer shall not be ignored.
Agreements of Record are those agreements between National and International Unions that have been "attested" by the predecessor of the National Plan and approved by the AFL-CIO Building and Construction Trades Department and are contained in the Green Book. Such Agreements of Record are binding on employers stipulated to the Plan for the Settlement or Jurisdictional Disputes in the Construction Industry (the "National Plan"), the National Plan's predecessor joint boards or stipulated to the Joint Conference Board. Agreements of Record are applicable only to the crafts signatory to such agreements. Decisions of Record are decisions by the National Arbitration Panel or its predecessors and recognized under the provisions of the Constitution of the AFL-CIO Building and Construction Trades Department and the National Plan. Decisions of Record are applicable to all crafts.
The Arbitrator shall set forth the basis for his decision and shall explain his findings regarding the applicability of the above criteria. If lower-ranked criteria are relied upon, the Arbitrator shall explain why the higher-ranked criteria were not deemed applicable. The Arbitrator's decision shall only apply to the job in dispute. Such decisions of the Arbitrator shall be final and binding subject only to an appeal, if such an appeal is available under conditions determined by the Building and Construction Trades Department of the American Federation of Labor and Congress of Industrial Organizations under the National Plan or any successor plan for the settlement of jurisdictional disputes.
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ARTICLE VII
This is an arbitration agreement and the intent of this agreement is that all unresolved jurisdictional disputes must be arbitrated under the authority of the Joint Conference Board and that the decisions, subject to the right of appeal provided in Article VI, shall be final and binding upon the parties hereto and upon their affiliates and the members of such affiliates, and that there shall be no abandonment of the work during such arbitration or in violation of the arbitration decision. The Joint Conference Board shall administer the neutral arbitration system of this agreement. Any party bound to this Agreement through a collective bargaining agreement with any Local Union affiliated with the Council shall be bound to this Agreement for all jurisdictional disputes that may arise between any^Local Unions affiliated with the Council. Employers bound to this Agreement shall require that this Agreement be a part of all agreements with contractors or subcontractors covering work performed by any trade or craft affiliated with the Council. All parties to this Agreement release the Board from any liability arising from its action or inaction and covenant not to sue the Board. Any damages incurred by the Board for any breach of this covenant shall include, but are not limited to, the Board's costs, expenses and attorneys fees incurred as a result of said legal proceedings.
Paragraph 1 - The annual meeting of the Joint Conference Board shall be held in June, unless another date is agreed upon by the parties.
Paragraph 2 - The parties hereto shall designate an equal number of members who shall serve upon the Joint Conference Board. The members of the Board shall annually be certified by the Association and the Council in written communications addressed to the Board by the President and Secretary of the respective organizations. Each year the Joint Conference Board shall select a Chairman from among its members. The Joint Conference Board shall also select from among its members a Vice Chairman. The Board shall also select a Secretary. All members shall serve for one year or until their successors have been selected.
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Paragraph 3 - At the annual meeting, the Association and Council shall each name at least five and up to ten impartial arbitrators.
Paragraph 4 - In the event the Chairman or Vice-Chairman is unable to serve by reason of resignation, death or otherwise, a successor may be selected for the remainder of the term by the party which made the original selection. Should a member of the Joint Conference Board be unable to serve, because of resignation, death or any other reason, the successor shall be selected by the Association or Council respectively in which such member holds membership.
Paragraph 5 - Should any member of the Board for any reason be unable to attend any meeting of the Board, the President of his respective organization shall be empowered to name a substitute for each absentee for that meeting.
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Paragraph 6 - Meetings of the Board may be called at any time by the Chairman, Secretary or three members of the Board. Seventy-two hours written notice of such meeting must be given to each member of the Board.
Paragraph 7 - Twelve members of the Board, six from each of the parties, present at the executive session, shall be a quorum for the transaction of business. The Chairman, or Vice-Chairman, when presiding, shall not be counted for the purpose of determining a quorum. Whenever the number of members present from each party at the executive session are unequal, he party with the fewer members present shall be entitled to cast a total number of votes equal to the number of the present members of the other party with the additional votes of said party being cast in accordance with the vote of the majority of its members who are present.
Paragraph 8 - If it is brought to the attention of the Chairman that any member (other than the Chairman) is not impartial with respect to a particular matter before the Board, the Chairman may excuse such member from the executive session if the Chairman concludes that such member has a conflict of interest with respect to such matter.
Paragraph 9 - Should a jurisdictional dispute arise between the parties hereto, among or between any members or affiliates of the parties hereto, or among or between any members or affiliates of the parties hereto and some other body of employers or employees, the disposition of such dispute shall be as follows:
a) The crafts involved shall meet on the jobsite or a mutually agreed location to resolve the jurisdictional dispute.
b) If the said dispute is not settled it shall be submitted immediately in writing to the Secretary of the Joint Conference Board. Unless agreed to in writing by the trades involved in the dispute, the trades and contractors shall meet within 72 hours at a neutral site with representatives of the Chicago & Cook County Building & Construction Trades Council and the Construction Employers' Association to resolve this jurisdictional issue.
c) Failure to meet within seventy-two (72) hours of receiving written notice or e-mail to the meetings contemplated in "a" or "b" above will automatically advance the case to the next level of adjudication.
d) Should this jurisdictional issue be unresolved , the matter shall, within 72 hours not counting Saturday, Sunday and Holidays, hereafter, be referred to an Arbitrator for adjudication if requested in writing by any party. The Arbitrator shall hear the evidence and render a prompt decision within forty-eight (48 hours) of the conclusion of the hearing based on the criteria in Article VI. The arbitrator chosen shall be randomly selected based on availability from the list submitted in Article VII Paragraph 3. The decision of the Arbitrator shall be
7
subject to appeal only under the terms of Article VI. The written decision shall be final and binding upon all parties to the dispute and may be a short form decision. The fees and costs of the arbitrator shall be divided evenly between the contesting parties except that any party wishing a full opinion and decision beyond the short form decision shall bear the reasonable fees and costs of such full opinion.
e) Should said dispute not be so referred by either or both of the parties, the Joint Conference Board may, upon its own initiative, or at the request of others interested, take up and decide such disputea and its decision shall be final and binding upon the parties hereto and upon their members and affiliates as provided for in Article VI.
In either circumstance all of the parties are1=committed to a case until it is finalized, even if there is an appeal. However, in cases of jurisdictional or other disputes between a union and another union, which is a member of the same International Union, the matter in dispute shall be settled in the manner set forth by their International Constitution, but there shall be no abandonment of the work pending such settlement.
Paragraph 10 - All interested parties shall be entitled to make presentations to the Arbitrator. Any interested party present at the hearing, whether making a presentation or not, by such presence shall be deemed to accept the jurisdiction of the arbitrator and to agree to be bound by its decision and further agrees to be bound by the Standard Agreement, for that case only if not otherwise so bound.
Paragraph 11 - Upon approval of the Arbitrator other parties not directly involved in the dispute may be invited to be present during the presentation and discussion portions of an arbitration hearing. Attorneys shall not be permitted to attend or participate in any portion of a hearing.
Paragraph 12 - At no time shall any party to a pending dispute unilaterally or independently contact the Arbitrator assigned to hear the case. All inquiries must be . submitted to the Secretary of the Joint Conference Board.
Paragraph 13 - The Joint Conference Board may also serve as a board of arbitration in other disputes, including wages, but only when requested to do so by all parties involved in the particular dispute or controversy. It is not the intention of this Agreement that the Joint Conference Board shall take part in such disputes except by mutual consent of all parties involved.
ARTICLE VIII
Paragraph 1 - The duly authorized representatives of members of affiliates of either party hereto, if having in their possession proper credentials, shall be permitted to visit jobs during working hours, to interview the contractor or the workers, but they shall in no way interfere with the progress of the work.
8
Paragraph 2 - The handling of tools, machinery and appliances necessary in the performance of the work covered by a particular collective bargaining agreement, shall be done by journeymen covered by such agreement and by helpers and apprentices in that trade, but similar tools, machinery and appliances used by other trades in the performance of their work shall be handled in accordance with the particular collective bargaining agreement of that trade.
Paragraph 3 - In the interest of the public economy and at the discretion of the employer or foreman, all small tasks covered by a particular collective bargaining agreement may be done by workers or laborers of other trades, if mechanics or laborers of this trade are not on the building or job, but same are not to be of longer duration than one-half hour in any one day. The Joint Conference Board may render a decision involving a composite crew.
Paragraph 4 - It is fundamental to the Standard Agreement that all members and affiliates of the parties to this Agreement be stipulated to the Standard Agreement and the Joint Conference Board. All current members of the Chicago and Cook County Building and Construction Trades Council, and their affiliates, by this Agreement are stipulated to the Standard Agreement and Joint Conference Board for the term of the current Standard Agreement. The area labor agreements of the members and affiliates of the parties setting forth language stipulating those parties to the Standard Agreement and Joint Conference Board shall be filed with the Secretary of the Joint Conference Board annually, at the time of the Joint Conference Board appointments. Current trade or craft agreements will prevail as interim agreements in the event labor negotiations are incomplete or in process at the time of the annual meeting.
Paragraph 5 - All members and affiliates of the parties with labor agreements containing language stipulating those parties to the Standard Agreement and Joint Conference Board shall remain stipulated for the term of the current Standard Agreement. Any members or affiliates of the parties who negotiate language stipulating the parties to the Standard Agreement and/or the Joint Conference Board in their area labor agreement shall remain stipulated for the term of the current Standard Agreement. Any Association that incorporates Standard Agreement, and/or Joint Conference Board stipulation language into their collective bargaining agreement will automatically have representation on the Joint Conference Board.
Paragraph 6 - Only those crafts with stipulation language in their area labor agreements will be allowed to bring jurisdictional dispute cases to the Joint Conference Board. Those crafts without stipulation language in their area labor agreements will be allowed to participate if a jurisdictional dispute case is brought against their craft and will have the right to appeal any decision, if such an appeal is available, as provided in Article VI of this Agreement.
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Paragraph 7 Illinois.
- This agreement applies only to work performed within Cook County,
Paragraph 8 - As herein before provided in Article VII, decisions or awards as to jurisdictional claims and decisions determining whether or not said decisions or awards have been violated rendered by the Joint Conference Board shall be final, binding and conclusive on all the parties hereto, on all of their members and affiliates, and on all employers subject only to the right of appeal herein provided for in Article VI.
Paragraph 9 - To further implement the decision of the Joint Conference Board, it is agreed that any party hereto, any of their members or affiliates, and any employer may at any time file a Verified Complaint in writing with the Joint Conference Board alleging a violation of a decision or award previously made. The Board shall thereupon set a hearing, to be held within three days of receipt of the Verified Complaint with respect to the alleged violation, and shall notify all interested parties of the time and place thereof. An Arbitrator selected pursuant to Article VII, Paragraph 9(c) shall conduct a hearing at the time and place specified in its notice. All parties shall be given an opportunity to testify and to present documentary evidence relating to the subject matter of the hearing within forty-eight (48) hours after the conclusion thereof, the Arbitrator shall render a written decision in the matter and shall state whether or not there has been a violation of its prior decision or award. Copies of the decision shall be served, by certified mail or by personal service, upon all parties hereto.
Paragraph 10 - Should the Arbitrator determine that there has been a violation of the Board's prior decision or award, the Arbitrator shall order immediate compliance by the offending party or parties. The Arbitrator may take one or more of the following courses of action in order to enforce compliance with the Board's decision:
a) The Arbitrator may assess liquidated damages not to exceed $5,000 for each violation by individual members of, or employees represented by the parties hereto, and may assess liquidated damages not to exceed $10,000 for each violation by either party hereto, or any of its officers or representatives. If a fine is rendered by the Arbitrator, it should be commensurate with the seriousness of the violation having a relationship to lost hours for the Unions and lost efficiency for the employer. Each of the parties hereto hereby agrees for itself, and its members, to pay to the other party within thirty days any sum, or sums, so assessed because of violations of a decision or award by itself, its officers, or representatives, or its member or members. Should either party to this agreement, or any of its members fail to pay the amount so assessed within thirty days of its assessment, the party or member so failing to pay shall be deprived of all the benefits of this agreement until such time as the matter is adjusted to the satisfaction of the Arbitrator.
b) It may order cessation of all work by the employers and the employees on the job or project involved.
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Paragraph 11 - All Notices under this Agreement shall be in writing and sent by the Administrator of the Joint Conference Board via facsimile or email. For all notifications to affiliates of the Chicago & Cook County Building and Construction Trades Council, the Administrator may rely up the facsimile numbers, addresses and email addresses in the current directory of the Council. For notifications to all contractors and subcontractors, the Administrator may rely on corporate information on the Illinois Secretary of State website or other appropriate databases. Original Notices of all Joint Conference Board decisions will be sent to each of the parties involved via certified mail. The notice provisions shall not include Saturday, Sunday or legal holidays.
Paragraph 12 - The following days shall be recognized as legal holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas => Day.
Paragraph 13 - The Board shall have no authority to undertake any action to enforce its decision after a hearing beyond informing the affected parties of its decision. Rather, it shall be the responsibility of the prevailing party to seek appropriate enforcement of a decision, including findings, orders or awards of the Board determining non-compliance with a prior award or decision. The prevailing party in any enforcement proceeding shall be entitled to recover its costs and attorneys fees from the non-prevailing party. In the event the Board is made a party to, or is otherwise required to participate in any such enforcement proceeding for whatever reason, the non-prevailing party shall bear all costs, attorneys fees, and any other expenses incurred by the Board in those proceedings,
Paragraph 14 - In establishing the jurisdiction of the Joint Conference Board over all parties to the dispute, the primary responsibility for the judicial determination of the arbitrability of a dispute and the jurisdiction of the Joint Conference Board shall be borne by the party requesting the Board to hear the underlying jurisdictional dispute. If all of the parties to the dispute do not attend the arbitration hearing or otherwise agree in writing that the parties are stipulated to the Joint Conference-Board and Standard Agreement, the affected party or parties may proceed at the Joint Conference Board even in the absence of one or more parties to the dispute. In such instances, the issue of jurisdiction is an additional item that must be determined in the first instance by the Arbitrator who shall set forth basis of his determination in his decision. The Joint Conference Board may participate in any proceedings seeking a declaration or determination that the underlying dispute is subject to the jurisdiction and process of the Joint Conference Board. In any such proceedings, the non-prevailing party and/or the party challenging the jurisdiction of the Joint Conference Board shall bear all the costs, expenses and attorneys fees incurred by the Board in establishing its jurisdiction. The provision of Paragraph 13 regarding obtaining attorney fees shall apply.
Paragraph 15 - It is agreed by the parties hereto that this agreement shall remain in full force and effect until June 1, 2015 unless otherwise amended by agreement of parties.
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IN WITNESS WHEREOF, the parties have caused this document to be executed at Chicago, Illinois this 15th day of February, 2010.
CONSTRUCTION EMPLOYERS' CHICAGO & COOK COUNTY
ASSOCIATION BUILDING & CONSTRUCTION
BY Charles M. Usher BY Thomas Villanova
T
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APPENDIX "C"
JOINT APPRENTICESHIP AND TRAINING PROGRAM INITIATIVE SUPPLEMENTAL ADDENDUM WITH CPS
A?PE)JbiX MC"
CHICAGO BOARD OF EDUCATION MULTI-PROJECT LABOR AGREEMENT
This Multi-Project Labor Agreement ("Agreement") is entered into by and between the Board of Education for the Chy of Chicago ("Board" or "Trustees"),-an Illinois governmental entity, and each of the undersigned labor organizations signatory hereto.
Because of the scope, cost and duration of, and important public purpose to be served by the construction and/or modernization of schools and school-related facilities by or related to the Chicago Public Schools ("CPS"), the parties to this Agreement have determined that it is in the public interest to have certain projects completed in the most timely, productive, economical and orderly manner possible and without labor disputes or disruptions of any kind that might interfere with or delay the projects.
The parties have determined that it is desirable to eliminate the potential for friction and disruption of these projects by using their best efforts and ensuring that all work is performed by the trade unions that are signatory hereto and which have traditionally performed and have trade and geographic jurisdiction over such work. Experience has proven the value of such cooperation and that such mutual undertakings should be maintained and, if possible, strengthened and that the ultimate beneficiaries remain the taxpayers, schoolchildren and public.
To further these goals and to maintain a spirit of harmony, labor-management cooperation and stability, the parties agree as follows:
1. Dviring the term of this Agreement, the Board shall not contract or subcontract, nor permit any other person, firm, company or entity to contract or subcontract, any construction, demolition, rehab or renovation of any Board property, at any of its sites or locations where work in furtherance of the projects is being undertaken, either by the Board/or its contractor or construction manager, as owner, coordinator, manager, contractor arid/or purchaser relating to construction work-eovered by this Agreement or within the trade jurisdiction of the. signatory unions, to be done at the site of coastruotion, .alteration, painting or repair of a building, structure or other work at the site or location covered by this Agreement and/or owned, leased, or in any manner controlled by the Board, unless such work is performed only by a person, firm or company signatory or willing to become signatory to an existing collective bargaining agreement with the union or with the appropriate trade/craft union or subordinate body of the Chicago & Cook County Building & Construction Trades Council or the AFL-CIO Building & Construction Trades Department. Copies of all such current collective bargaining agreements constitute Appendix "A" of this Agreement, attached hereto and made an integral part hereof and as may be modified from time to time during the term of this Agreement. Said provisions of this Agreement shall be included in all requests for bids.and shall apply to all projects in
113369.7
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excess of $10,000.00; provided however, that said project contracts shallnot be "split" so as to avoid the applicability of this Agreement.
2. With respect to a contractor or subcontractor who is the successful bidder,.but is not signatory to the applicable collective bargaining agreement, the collective bargaining agreement executed by said bidder shall be the relevant area agreement regulating the wages, hours and other terms and conditions of employment-
3. During the term of this Agreement, project contractors and/or subcontractors shall engage in no lockout at any of the project sites.
4. During the term of this Agreement, no labor organization signatory hereto, or any of . its members, officers, stewards, agents, representatives or employees, shall instigate,
authorize, support, sanction, maintain, or participate in any strike, walkout, , work stoppage, work slowdown, work curtailment, cessationor intermptionofproduction, or in any picketing of any project sites for any reason whatsoever, including, but not limited to, a dispute between the Board, or any contractor or subcontractor, and any union or any employee, or by and between any unions, or.in sympathy with any union or employee or with any other mdividual or group, or in protest of any project of $10,000.00 or under.
5. Each union signatory hereto agrees that it win use, its best efforts'to prevent any of the acts forbidden in Paragraph 4, and that, in the event any such act takes place or is engaged in by any employee or group of employees, each union signatory further agrees that it will use its best efforts (deluding its foil disciplinary power under its applicable Constitution and By-Laws) to cause an immediate cessation thereof.
6. Any contractor signatory hereto shall have the right to discharge or discipline any employee who violates the provision of this Agreement. Such discharge or discipline by a contractor or subcontractor shall be subject to the grievance arbitration procedure of the applicable collective bargaining agreement only as to the fact of such~employee's violation of this Agreement. If suoh fact is established, the penalty imposed shall not be subjectto review and shall not be disturbed.
7. The parties expressly authorize a court of competent jurisdiction to order appropriate injunctive relief to restrain any violation of this Agreement, any form of self-help remedy is expressly forbidden. Nothing in the foregoing shall restrict any party, to otherwise judicially enforce any provision of its collective bargaining agreement between any labor organization and a contractor with whom it has a collective bargaining relationship.
113369.7
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8. This Agreement shall expireon June 30,2005 unless extended by mutual agreement of the parties but shall also extend until the. completion of any work initiated pursuant to the agreement prior to June 30, 2005.
9.a.) In the event a dispute shall arise between any contractor or subcontractor of the project and any signatory labor organization and/or fringe benefit fund established under the appropriate collective bargaining agreement as to the obligation and/or payment of fringe benefits provided under the collective bargaining agreement, upon proper notice to the contractors and/or subcontractors by the appropriate labor organization or appropriate fringe benefit fund and to the Board, an amount sufficient to satisfy the amount claimed shall be withheld from the contractor's or subcontractor's regularly scheduled periodic payment from the Board or. hs agents until such time as said claim is resolved.
b.) In the event any other contract dispute (excluding a dispute covered by paragraph 10 of this Agreement) shall arise between any contractor or subcontractor of the project and any signatory labor organization relating to a contract and/or project covered by the. provisions of Paragraph 1 above and said dispute is resolved by the grievance arbitration procedure of the applicable collective bargaining agreement, any failure of a party to fully comply with such a final resolution shall result in the removal of the non-complying party from the Board project and property upon proper notice to the contractor and/or subcontractor.
10. In addition to the obligations set forth in this Agreement, in the event a jurisdictional dispute by and between any of the unions, such unions shall take all steps necessary to promptly resolve the dispute. In the event of a dispute relating to the trade or work jurisdiction, all parties, including the employer (contractors or subcontractors), agree that a final and binding resolution of the dispute shall be achieved, as follows:
a. ) Representatives of the affected trades shall meet on thejbb site within
forty-eight (48) hours after receiving notice in an effort to resolve this dispute. (In the event there is a dispute between affiliates of the same International, the decision of the General President or his/her designee, as the internal jurisdictional dispute authority of that International, shall constitute a final and binding decision.) Any agreement reached at this step shall be final and binding upon all parties.
b. ) If no settlement is reached during the proceedings contemplated in
Paragraph 10(a) above, the matter shall be immediately referred to the leadership of the Chicago & Cook County Building & Construction Trades Council, according to the historic practice, for a meeting between the parties. Any agreement reached at this step shall be final and binding upon all parties.
113369.7
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c.) If no settlement is reached subsequent to the actions contemplated in Paragraph 10(b) above, the matter shall be referred to the Joint Conference Board established by the Standard Agreement between the Construction Employers' Association and the Chicago & Cook County Building & Construction Trades Council for final and binding resolution of said dispute. A copy of the Standard Agreement is attached hereto and made a part hereof as Appendix "B".
It is explicitly agreed to by all parties that the parties to this Agreement, as well as each contractor and subcontractor performing work on or for the project, specifically are bound and stipulated to- the jurisdiction and process of the Joint Conference Board. Said provision shall become a provision in all contracts and subcontracts issued by the owner, construction manager, contractor, subcontractor, or any agent thereof.
11. This Agreement shall, be incorporated into and become part of the collective bargaining agreements between unions signatory hereto and contractors and subcontractors In the event of any inconsistency between this Agreement and any collective bargaining agreement attached hereto, the terms of this Agreement shall supersede and prevail
12. This Agreement constitutes the entire agreement between the parties hereto and may not be modified or changed except by the subsequent written agreement of the parties. Each party warrants and represents that they have the full legal authority and capacity to enter into this Agreement.
13. a.) The parties agree that in the implementation and administration of this Agreement
it is vitally necessary to maintain effective and immediate communication so as to minimise the potential of disputes arising out of this Agreement. To that end, each party hereto agrees to designate, in writing, a representative to whom can be directed problems which may arise during the term of this Agreement. Within forty-eight (48) hours after notice of the existence of any problem, representatives of each party shall meet to discuss and, where possible, resolve such problems. The Board hereby designates the Chief Executive Officer or his designee; the unions hereby designate the President of the Council or his designee
b.) TheBoard and the Council shall establish a subcommittee composed of no more than six (6) people with an equal number of representatives chosen by each side to examine contracting situations. The subcommittee shall meet monthly or upon request and shall have access to and examine those contracts and subcontracts involving work within the trade jurisdiction of the union currently 'in progress or planned. The Council shall receive written notification of all invitations to bid or requests for proposal (RFP) at the same time as the invitation for bid or RFP is
113369.7
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conveyed to potential contractors. Upon request, the Board or its contractor or construction manager will disclose to the union all information made available to the bidders or potential bidders to the public and to any potential contractor. In the event the Board or any contractor determines to utilize a procedure not involving a public solicitation (for example, in cases of emergency or pilot project), the Board shall notify the union(s) if known by the Board and the subcornrnittee.
14. If any provision, section, subsection or other portion of this Agreement shall be determined by any court of competent jurisdiction to be invalid, illegal or unenforceable in whole or in part, and such determination shall become final, such
^ provision or portion shall be deemed to be severed or limited, but only to the extent required to render the remaining provisions and portions of this Agreement enforceable. This Agreement, as thus amended, shall be enforced so as to give effect to the intention of the parties insofar as that is possible. In addition, the parties hereby expressly empower a court of competent jurisdiction to modify any term or provision of this Agreement to the extent necessary to comply with existing law and to enforce this Agreement as modified.
15. In the event the Board enters into an agreement or undertaking with any other governmental agency for the construction-related activities contemplated under this Agreement, the terms and provisions of this Agreement shall apply to all such projects irrespective of the agency awarding the contract or supervising the work thereunder.
Dated thfe^^ day of ~T)%? ,._, 2001, in Chicago, Illinois.
BOARD OF EDUCATION FOR THE CITY OF CHICAGO Attest:
"7
Labor Organization: 3 *>lLtG. MA*<i.&.S> l/aJ/o+J Aoc^^e
City, State, Zip Code: (?tf)C^o,rc 6tf<:oy
Telephone Number: (."7 ~7 3 ^ .3 >/7 ~ 3 y
Its: fSOS, rftn/Z. /s 7"g7WS OA*
113369.7
SUPPLEMENTAL AGREEMENT TO THE PROJECT LABOR AGREEMENT REGARDING EDUCATION TO CAREERS PROGRAMS July 1, 2005
The Chicago Board of Education ("Board") and the signatory labor organizations ("Unions") to the Project Labor Agreement hereby agree, as follows:
1. Notwithstanding any existing agreement, the Board may use non-paid volunteers or parents and paid or unpaid students for in-school projects, specifically, projects such as the Student Business Enterprise, or any other similar education-related programs.
2. Each Union will establish a goal that at least 25% of its apprenticeships, interns or other construction-related work opportunities annually will be composed of persons who graduated from the Chicago Public Schools ("CPS.") In order to meet such goals, each and every Union will promptly examine its processes, including, but not limited to, its application and testing procedures and locations, in order to facilitate availability to apprenticeship programs by CPS graduates.
3. The Unions will cooperate with the Board's Department of Education to Careers ("ETC") with respect to establishing programs to facilitate participation in the Union's apprenticeship programs. Cooperation by the Unions includes the following:
A. Provided the Unions are otherwise accepting applications, the Unions collectively will hold four Apprenticeship Application Seminars at which they will arrange for CPS students to fill out actual applications for Union apprenticeship programs. These Application Seminars will be held quarterly, starting in November and every three months thereafter: February, May and August. For those apprentice programs whose Department of Labor, Bureau of Apprenticeship standards only allow for application at a specific site then transportation will be provided to that site by the CPS on the day of the Apprentice Application seminar. The Unions will continue to inform ETC of testing dates and application acceptance periods.
B. The Unions will establish a teacher in-service at which the various Unions will instruct CPS teachers on how students may be accepted into their various programs. Such programs will include industry updates and hands-on training. The Unions will host two construction teacher meetings per year.
C. Each relevant trade will review curriculum and suggest improvements.
173487.6
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D. The Unions will facilitate students visiting the trade Unions and permit a demonstration at Apprenticeship Training Facilities for students.
E. Each Joint Apprenticeship Training Committee will report yearly to ETC the following:
Total number of apprenticeship applications received
Total number of CPS apprenticeship applications received
Total number of individuals accepted into the apprenticeship program
Total number of CPS graduates accepted over and under the age of 23 into the apprenticeship program
Total number of graduates of the apprenticeship program
Total number of CPS graduates of the apprenticeship program
F. The Unions will continue to speak at CPS schools; will host field trips; will work with CISCO to educate students about opportunities in the trades; and, will facilitate participation by the Apprenticeship Programs yearly in CISCO'S Hands-On Fair for CPS.
G. The CBTC and CPS will work cooperatively through the ETC construction programs and ACE Tech to facilitate the above efforts and any others which will enhance the participation of CPS students in Building Trade Apprenticeship Programs, internships and other work opportunities.
4. In the event the Board initiates incentive efforts with Contractors to hire and retain CPS graduates in apprenticeship programs, ETC will so advise the Unions and the Unions will cooperate in such efforts.
5. The parties recognize that this Agreement is an integral part of their agreements regarding the PLA. The parties further agree that the initiatives described herein require the continued good faith efforts of both parties to bring these initiatives to fruition. The parties hereby commit themselves to such efforts.
The cost of the arbitrator shall be equally split between the Board and the participating
Union.
CHICAGO BOARD OF EDUCATION
173487.6
3
By:
Its: PfesIlt^V
Attest:
Secretary Board Report 05-0622-EX22
/
Patrick. J. Rocks, Jr., General Counsel
1L
Labor Organization: Trnn BnrVprs Local63_
Address: 2525 West Lexington_
City, State, Zip Code: B-roadvi p.w , ti. 601 _
Telephone Number: 708-344-7 7 27_
By:- \Ly V^"^
173487.5
3
By:
Its: PtolUnV Attest:
j^ttlc B. dVol of
Secretary ' '
Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel
Labor Organization: TEAMSTERS LOCAL union NO. 731
Address: 1000 BURR RIDGE PARKWAY STE. 300_
City, State, Zip Code: BURR RIDGE, IL 60527_
Telephone Number. ^(630) 887-4100
By: -y^^T//>^u^>\^'_
Its: PRESIDENT TERRENCE J. HANCOCK
173487.5
3
By; ^C_W^ L3 jcM-
Its: PresUe*> _
Attest:
Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel
Labor Organization:
Address:
MACHINERY MOVERS, RIGGERS & MACHINFRYFRFOTORSB OCA! UNION 136
City, State, Zip Code Telephone Number: "7^ <r" -
1820 BEACH STREET BROADVIEW, II. 60155-2863
one iNurnoer: /& a -
By:_/_
Its: fS.~r/grt
c : 7i r. ! 7 7 0 .i ■ n M / 7 C o I ■ I C / Q C ' C I C M fi 7 I 7 \i PI!' i 3 f: ■
"ijN: i d G v >j J.
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Its: Presided Attest:
fjaJuU tf. /ItfctZ^- b bo J of Secretary
Board Report 05-0622-EX22
By: ^V>M/^. Lv Sc^Or
1
y
Patrick J. Rocks, Jr., General Counsel
Labor Organization:
Address: M^^T^K A£^£ ^3 00
City, State, Zip Code: £1 ik&l: ££^^7
Telephone Number:
■ t
1731875
t
Its: fres'nla».V_
Attest:
Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel
Labor Organization: th-(CUJji) jl^mnj (jfXncjl p£ iVp^n^
Address: U E. \r((C Sfa-tfJ_
City, State, Zip Code: Jj LDbll_
Telephone Number: 95/- _
Its: rV5i riP.y^r/^trii^f ■ yfyrifru ■r\Ye<L\iurcS
173487.5
3
By: ^^JL CJ>.
Its: frfSt'dc-nA-_
Attest:
Secretary '
Board Report 05-0622-EX22
Patrick J. Rocks, *ir., General Counsel i(/
Labor Organization: Sprinkler Fitters Union Local 281, U.A.
Address: 11900 S. Laramie Avenue _
City, State, Zip Code: Alsip, IL 60803_
Telephone Number: (708) 597-1800
By:JL
Its: _Business Manager
173487.5
3
By: (]Ak<-^-^ U . 5 Ft its: fres',M
Attest:
UjXlI^ J/. /&e$!ui,■ (>/2o/o Secretary
Board Report 05-0622-EX22
Patrick J. Rocks} Jr., General Counsel
"0 \i'
/
CHICAGO JOURNEYMEN PLUMBERS' Labor Organization: LOCAL UNION 130, U-A._
Address:_1340 WEST WASHINGTON BOULEVARD
City, State, Zip Code: CHICAGO IL 60607_
Telephone Number: 312/421-1010
By:_
Its:_//__BUSINESS MANAGER
1734H7.5
j o»7o.)(7?fto 'On/?i» 11 -K/st: u qnri? l?, Kflf (3fl_) ML-Ut-ll$ S3GV3x '90 Ti OW.: «0o.-
3
By: (\M 'U-eJc Uu .
Its: Pfrs/'ie-^V_
Attest:
Secretary
Board Report 05-0622-EX22
Patrick J. Rocks,'Jr., Genera] Counsel
Labor Organization: Plasterers Local #5
Address: 5613 W. 120th Street_
City, State, Zip Code: Alsip, IL 60803 Telephone Number: 708-489-9900
By: Its:
173487 S
3
By: £J^<?a£- ■ JCg £f-Its: VfctUe^_
Attest:
Secretary ' '
Board Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel ■ l>
Labor Organization: Int'1. Assn. of Machinists and Aerospace Workers
Local Lodge 126 Address:__120 E . Oqden Ave . , 18A___
City, State, Zip Code: Hinsdale, IL 60521_
Telephone Number: (630) 655-1 930_■
By: ^^VywA^^ f^ti2- _
I{s:_D i r e r. t. i n g W ^ i n p s Rpprpspnfat. i'vp_
173487.5
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By: fl/C O-^
Its: " ?(fi\icJr _
Attest:
Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr.,YGener
r./General Counsel
Labor Organization: International Union of Operating Engineers
Local 150, AFL-CIO
Address:_6200 Joliet Road_
City, State, Zip Code: Countryside, IL 60525_
Telephone Number: X708), 482-8800
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Secretary Board Report 05-0622-EX22
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Patrick J. Rocks, Jr., General Counsel \y '
Labor Organization: VzUJL [A^^ LQlC<^(
Address: I Ho bo. HIRa M-
City, State, Zip Code: TelephoneNumber:
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Secretary Board Report 05-0622-EX22
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Patrick J. Rocks, Jr!, Genera] Counsel ^
Labor Organization: (~^rg f?( r7~&rtS- I- , ^ -^"^ ^
Address: fj" 0^6,^ _
City, State, Zip Code: CtfGc J7L Co£o~7 Telephone Number: 3/-? - «£P ? - *f/% J
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Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel u
Labor Organization: 0O t a e/r At* K g L.<><^a<- **" L_
Address: ^fY7 rftCHf/L /^Vf ._
City, State, Zip Code: CH (Cy? C o ; J7T t ^o^oy
Telephone Number: 77^ - ^? V 7 - S~rU^ _
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Secretary Board Report 05-0622-EX22
Patrick J. Rocks,-Jr., Gerferal Counsel li
Labor OrganizatioiCeramic Tile, Terrazzo & Granite-Cutters Local No.67 Address:__6425 S. Central Ave.
City, State, Zip Code?hicag°> IL 60638__
Telephone Number^773) 884-650Q
1734875
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Dated this Ol_ day of_-Vn<p . 2005, in Chicago, Illinois.
By:
CHICAGO BOARD OF EDUCATION
Its: - ?res \&**Jr Attest:
Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel TJ |/
Labor Organization: ^h\(\^XS T)\c^i(V CjfttW>\ fr/<7
Address: W5/p ArW) g> _.__
City, State, Zip Code: _Q\Jj^QQ _MoOl
Telephone Number: (g{3t\ LQ\~ DM (p_
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Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr.,"General Counsel U
Labor Organization: Address:
City, State, Zip Code: jVtlblrfg. ^ ipoltelLj
Telephone Number:
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Secretary ' Board Report 05-O622-EX22
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Patrick J. Rocks, Jr., General Counsel
Labor Organization: Roofers' Union Local No. 11
... 9838 W. Roosevelt Road Address: ._
City, State, Zip Code: Westchester, IL 60154 Telephone Number: 708-345,-0970_
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173487.5
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Attest:
Secretary Board^Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel
By:______
Its: PwAe*h
Labor Organization: Pointers, Cleaners & Caulkers Local 52, II.
Address: 1111 S. Western Ave.____
City, State, Zip Code: Chicago, Illinois 60612 .__
Telephone Number: 312-243-3340 _
113487 ?.
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By: Its:
Attest:
Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel
Labor Organization:_
Address- 600 W" Washington Blvd
IBEW, LOCAL 134
City, State, Zip Code: Chicago, XL 60661 Telephone Number: (312) 454-1340
173187.5
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Attest:
Secretary Board Report 05-062T-EX22
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Patrick J. Rocks, Jr., General Counsel
Labor Organization: Heat & Frost Insulators-Local 17
AddresS: 3850 S. Rar.iTiR AvPmiP_
City, State, Zip Code: Chicago, IL 60609_
Telephone Number: 773 247-8184_
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Attest:
Secretary ' Board Report 05-0622-EX22
Patrick J. Rocks, General Counsel ^ jV *
Labor Organization: c.PmenJ MaAonA' UrvLon Local 502"
Address:__739 South 15th Av&nuH_
City, State, Zip Code: Keffwnnd. U 601 04_
Telephone Number: 708-544-9700_
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173487 5
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Attest:
Secretary Board Report 05-0622-EX22
Patrick J. Rocks, Jr., General Counsel - \i
Labor Organization:_Irbn Workers Local Union #1
Address: 7720 Industrial Drive_
City, State, Zip Code: Forest Park, IL 60130
Telephone Number: 708-366-6695_
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