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

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jointly request the Federal Mediation and Conciliation Service to submit a list of five recognized arbitrators and by the alternate striking of names, the name of the arbitrator shall be arrived at and such arbitrator shall make a determination which shall be final, binding and conclusive on all concerned. Either party may reject one list of arbitrators provided by the FMCS and request a second list of arbitrators, The arbitrator considering the matter shall have no power to add to or subtract from or otherwise modify this Agreement. In the event an employer fails to comply with an arbitrator's decision for a pedod of sixty (60) calendar days, then after ten (10) 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 right to strike such non -complying employer unless the employer has filed a timely acbon in court to vacate the arbitrator's decision. The cost of the impartial arbitrator shall be borne by the party determined to be non -prevailing. Section 4. A grievance shall be null and void if any time limit required by this Article 6 is not met. However, this shall not apply in cases where the Employer purposely creates a delay(s). Furthermore, time limits contained herein may be extended by mutual agreement between the Union and the Employer. Section S. The Grievance Panel will be co-chaired by one permanent member from Teamster 142 and one member from the management side selected from the membership of The Group, Grievances will be heard by a panel of three members from the Union including the presiding co-chair and three members of management including the presiding co-chairs, The Union shall select the panel members that are Teamsters and The Group shall select the panel members that are signatory Employers. The participants will be empanelled at the pleasure of the co-chair. The co-chairmen should alternate presiding over hearings by the panel. Notificationirequest for a headng should be made by the grieving party to one or both the co-chairmen. It shall be the duty of the co-chairmen to set a date for a headng in compliance with Article 6 Section 2 of the agreement. The panels may utilize a neutral third party as a recording secretary, made available to them, by The Group, whose sole purpose is to record the pertinent sessions of the proceedings in order to record and render the decision of the panel in wdting. In the event the recording secretary is not at the hearing, the co-chair will produce the decision with details in writing within 30 days and deliver by certified mail one copy to the non -presiding co-chair, one copy to The Group, and one copy to the Employer. Section 6. Jurisdictional Disputes. All jurisdictional disputes between or among building and construction trades unions and employers, parties to this agreement, shall be settled and adjusted according to the current edition of the Plan established by the Building and Construction Trades Department, AFL-CIO, or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the employer and union parties to this agreement. There shall be no work stoppages or picketing of any kind regarding disputes arising out of any jurisdictional dispute. ARTICLE 7 HOURS OF WORK AND OVERTIME PAY Section 1. Work WeeklWork Day: (a) The regular work week shall be a forty (40) hour week, Monday a.m. through Friday p.m. The project starting time shall be established in Article 5, 'Pre -Job Conference". Once established. the project starting time shall not be changed without mutual consent of both parties unless required by the prime contract. Eight (8) hours shall constitute a day's work as follows: 8:00 AM to noon and 12:30 to 4:30 PM on Monday, Tuesday, Wednesday, Thursday, and Friday, making a forty (40) hour week straight time. The 8:00 AM starting time and the 4:30 PM quitting time specified above may be adjusted by the employer by starting no earlier than 6:00 AM to 2:30 PM (inclusive of a 30-minute unpaid lunch pedod).