Opening of Bids - Small Drainage Design and Repair Project No 118-063 - G.E. Marshall Inc

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ARTICLE 5 PRE -JOB CONFERENCE Section 1. Before commencing any job that will last two days or more, an Employer shall meet with the Union at a mutually agreed upon time and place for a pre -job conference for the purpose of advising the Union of the Employer's requirements as to the number of employees, the probable starting date, duration of the job, working schedules, personal protective equipment requirements and other matters affecting employees. Notification by fax of such jobs, before commencing the work, may (at the discretion of the Union) substitute for a pre -job; said fax will contain the names of sub contractors if known. Failure to notify the Union, or if the Employer refuses to meet for the pre -job conference, shall give the Union the right to recourse, after a forty eight (48) hour notice to the Employer. Contractors holding prime contract should invite their subcontractors to attend the pre -job conference. Said subcontractors attending the pre -job conference conducted by the prime contractor would fulfill their obligation of this section. Section 2. When a project is within the territory of more than one Local Union, the determination of the division of employees for representation purposes shall be made by an Agreement between the Local Unions and the Employer(s) involved. In the event the Local Unions and the Employers are unable to reach such an Agreement, the Issue shall be referred within five (5) days to Teamster Joint Council No. 25. The Teamsters Joint Council No. 25 shall meet with the Employer(s) Involved to settle this dispute and their joint decision shall be final and binding on all parties concerned. ARTICLE 6 ADJUSTMENTS OF DISPUTES Section 1. With regard to any Employer the Group shall be the sole interpreter of this Agreement and the Employer shall be bound by The Group interpretation thereof in all instances. In the event of any differences or controversy as to the interpretation or application of this Agreement arising between any Employer and an Employee in the Bargaining Unit, the difference or controversy shall be taken up at once by the representatives of both the Union and the Employer who shall endeavor to make satisfactory settlement. This meeting shall take place prior to the issuance of any grievance related to the same issue (if agreed to by both the Employer and the Union a telephone conference may fulfill this requirement). Section 2. If the differences or controversy cannot be settled in accordance with Section 1, then the differences or controversy shall be reduced to writing within 15 calendar days of alleged occurrence and shall be referred to a Grievance Panel of six members, three of whom shall be selected as outlined in Section 5 from signatory employers and three by the Union. These selections shall be made within 21 days after formal notification to disputed parties following failure of settlement between the representatives of the Union and an Employer, and the Grievance Panel shall meet within fourteen (14) days after its members are so selected to hear the evidence and endeavor to arrive at a decision, which shall be consistent with the terms and provisions of this Agreement. Neither party shall be represented by legal counsel during these Grievance Panel sessions. It shall be sufficient for a majority of the persons deliberating to arrive at a decision and any decision reached shall be final, binding and conclusive on all parties concerned. In the event one party fails to appear without an appropriate notice to one of the co- chairs, the Grievance Panel shall hear the case and make a decision based upon the evidence presented. "In the event an employer fails to comply with a non -deadlock decision by the Grievance Panel for a pehod of thirty (30) calendar days, then after ten (110) days written notice by certified mail to the employer, with a copy to The Group, and any appropriate prime contractor, the Union shall have the 6ght to strike such non- complying employer." Section 3. In the event the procedure in Section 2 results in a deadlock by the Grievance Panel and one party determines to go to arbitration, they must get their letter requesting arbitration to the FIVICS within 90 days of the date that the Gdevance Panel deadlock. The matter may be referred to an impartial arbitrator by either party. The arbitrator shall be a member of the National Academy of Arbitrators. The parties shall attempt to agree upon the name of such Individual and In the event they cannot, they shall