Opening of Bids - Privet Lane Culvert Replacement Project Proj No 118-013B - G. E. Marshall, Inc.

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Section 5. The Employees covered by this Agreement will abide by the provisions of the BCRC substance abuse program when required by the Owner or Employer. Section 6. The Union agrees to adopt and incorporate into this Agreement language concerning Drug Testing Requirements developed by the BCRC Board. ARTICLE 25 INDUSTRY ADVANCEMENT FOUNDATION Section 1. The Employer agrees to participate in the CONSTRUCTION ADVANCEMENT FOUNDATION OF NORTHWEST INDIANA, (hereinafter C.A.F.) which has been formed to establish and conduct educational programs for the general public, employer members, employee members, and other with respect to new techniques, ideas, and methods which will improve the industry and increase the contribution that the industry and its employees can make to the community and to carry out such other purposes as may be set forth in the organizational documents of said entity with the purpose and intent to promote, support and improve the interest and common good of the construction contracting industry of the area. Section 2. The Employer shall pay to the Construction Advancement Foundation of Northwest Indiana twelve cents ($0.12) for each hour worked by all employees of the Employer covered by this Agreement or any modification to it. Modifications shall Include Presidential Agreements, Project Agreements, and the NMA Maintenance Agreement. Such payments shall be made monthly directly to Construction Advancement Foundation, 6050 Southport Road, Suite A, Portage, In 46366, on or before the 15th day of the succeeding month. Section 3. No part of the payment shall be used for the purposes other than as provided in said organizational documents of said entity, and no part of such payments, either directly or indirectly shall be used for anti -union activities. Section 4. Payments required to be made to said fund shall be deemed to be governed by the provision of this Agreement pertaining to the enforcement as to the collection of other payments required to be made by the Employer. Thus, the Construction Advancement Foundation shall have all such collection remedies and audit rights. ARTICLE 26 FAMILY AND MEDICAL LEAVE ACT The Employer is required to comply with the Family and Medical Leave Act of 1993 ("FMLA") with respect to employees covered by the Agreement. Accordingly, the Union and Employer agree that, eligible employees shall be granted unpaid leaves of absence as required under the FMLA, provided: that employees shall not accrue other benefits during such leaves; that the Employer may require certification of serious health conditions and medical necessity; that notwithstanding any other provisions of this Agreement to the contrary, the Employer may exercise its discretion with respect to the conditions associated with, or that may be placed upon, such leaves to the fullest extent permitted by said statute; and that while any employee is on an FMLA leave, the Employer shall pay to the health and welfare fund Identified and referred to in Article 13 of the Agreement the minimum amount of contribution necessary to maintain the FMLA required health plan coverage to such employee while on said leave, which amount shall be established annually in an actuarial sound manner by the trustees of such fund. ARTICLE 27