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HomeMy WebLinkAboutRES NO 81-75· RESOLUTION NO. 8i-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ASCERTAINING AND DETERMINING THE PREVAILING RATE OF WAGES TO BE PAID TO CERTAIN CRAFTS AND TYPES OF WORKMEN EMPLOYED ON PUBLIC WORK IN THE CITY OF BAKERSFIELD. WHEREAS, Labor Code Section 1773 requires the public body of a public agency to ascertain and determine the prevailing rate of wages to be paid each craft and type of workmen employed on public works in the City of Bakersfield; and WHEREAS, from time to time there are changes in the prevailing rates of crafts and workmen employed on public work in the City of Bakersfield. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield, California, that it has ascertained and does hereby determine that the general prevailing rate of per diem wages for the crafts and type of workmen listed in Exhibit '~" attached hereto, is as indicated on said Exhibit '~" which is made a part hereof as if set forth in full herein, and that the wages heretofore a scer tained as prevailing for the crafts and type of workmen are amended accordingly. o0o INDEX SECTION SECTION SECTION SECTION SECTION SECTION SECTION 7 SECTION 8 -- SECTION 9 SECTION 10 PAGE 1 -- Definitions ...............................................................................................................................1 2- Coverage of Agreement ...............................................................................................1 3 -- Union Membership ............................................................................................................2 4 -- Hiring of Men .......................................................................................................................2 5 -- Seniority Clause ...................................................................................................................3 6 Out of Work Registration ...........................................................................................3 Non-Discriminatory Referral ........................................................................................3 Joint Committee ..................................................................................................................3 Apprentices ................................................................................................................................4 Foreman & General Foreman ...................................................................................4 SECTION 11- Job Steward Clause .........................................................................................................4 SECTION 12--Working Conditions ..........................................................................................................4 SECTION ]3- Hours of Labor .....................................................................................................................4 SECTION 14--Travel ............................................................................................................................................5 SECTION 15--Cessation of Work .............................................................................................................5 SECTION 16 Employees Not To Be Discharged For Recognizing Authorized Picket Lines ...............................................: ................................................................................5 SECTION 17 -- Jurisdiction Disputes .........................................................................................................5 SECTION 18 .. Apprenticeship and Training ..................................................................................6 SECTION 19--Wage Rates--Journeymen: ..........................................................................................6 SECTION 20--Welfare Plan, Pension Plan, Apprentice Training & Education Fund, Vacation and Holiday Fund and Industry Fund ........................ 6 SECTION 21 -. Reciprocity .................................................................................................................................7 SECTION 22. Warranty .....................................................................................................................................7 SECTION 23- Liability of the Parties ...................................................................................................7 SECTION 24--General Saving Clause ....................................................................................................7 SECTION 25- Joint Conference Board ................................................................................................7 SECTION 26--Sub-Contracting Clause ...................................................................................................7 SECTION 27--Effective and Termination Date ..............................................................................8 EXHIBIT '~" COST ITEMS AS OF 1-1-76 TRAVEL A free zone shall be established within 15 miles of the Local Union. On jobs 15 to 20 miles from the Local Union, $3.00 per day. 20 to 25 25 to 30 3o to 35 35 to 4o 4o to ~5 45 to 5o 50 to 75 On jobs 75 or over, subsistence is paid at (See Section 14 for Travel Time and Mileage 4.00 5.00 6.00 7.00 9.00 11.00 15.00 $20.00, per day, WAGES Basic Wage Rate: Journeyman $10.53 Foreman 11.58 Gen. Foreman 12.64 Health & Welfare .95 *Vacation 1.00 Pension 1.60 Apprentice Train. .17 Industry Promotion .20 *Dues Check Off Edwards Air Base & NWC China Lake 13.03 14.33 ] 5.63 .95 ] .00 1.60 .17 .20 .15 *The Vacation and Dues Check Off are subjectto witholding taxes and should be added to the base wage to figure gross pay. They are taxed and then deducted back out and sent in on the monthly Fringe Benefit Reporting Form. APPRENTICE Basic Wage Rate: Edwards Air Base and NWC China Lake 1st period $5.27 $6.52 2nd 5.79 7-17 3rd 6.32 7.82 4th 6.84 8.47 5th 7-37 9.12 6th 7.90. 9.77 7th 8.h2 10.42 8th 8.95 11.08 9th 9.~8 11.73 lOth 10.00 12.38 Apprentices are to receive all Fringe Benefits except PENSION. Working Agreement of United Association Local Union 460 THIS AGREEMENT MADE AND ENTERED INTO THIS 26th DAY OF JUNE 1975, BY AND BETWEEN THE BAKERSFIELD ASSOCIATED PLUMB- ING CONTRACTORS INC. (EFFECTIVE 1-1-76 TO BE KNOWN AS PLUMBING, HEATING & COOLING CONTRACTORS OF KERN, INYO & MONO COUNTIES INC.) AIR CONDITIONING AND PIPING CONTRACTORS, THE UTILITY, MECHANICAL AND INDUSTRIAL PIPEWORK CONTRACTORS AND OTHER EMPLOYERS EMPLOYING EMPLOYEES COVERED BY THE TERMS OF THIS AGREEMENT AND THE UNION. WITNESSETH: It is hereby mutually understood and agreed as follows: SECTION 1--DEFINITIONS (A) The term "UNION" as used in this agreement shall mean Local Union 460 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada. (B) The term "OTHER EMPLOYERS" as used in this agreement means all holders of one or more Contractor's licenses C-4, C-16, C-20, C-27, C- 34, C-36, C-38, C-42, C-53, C-55, C-60 and "A", issued by the Contractors' State License Board of the State of California. (C) The term Association as used in this agreement shall mean the Bakersfield Associated Plumbing Contractors Inc. (Effective 1-1-76 to be known as Plumbing, Heating & Cooling Contractors of Kern, Inyo & Mono Counties Inc.) SECTION 2--COVERAGE OF AGREEMENT (A) The area covered by this Agreement shall be Kern, Inyo,and Mono Counties and/or territorial jurisdiction of Local Union 460. (B) Employees Covered. This Agreement shall apply to and cover all persons who perform any type of work covered by this Agreement for an in- dividual Employer signatory hereto. (C) Work Covered: This Agreement covers plumbing, heating, pipe fitting, air conditioning and all industrial pipe work including the 50 points of jurisdiction listed in Sections 2 (F) and 2 (G), and including the fabrication of same, and the unloading, warehousing and the handling of all material by whatever mode or method, recognized by the Building and Construction Trades Department of the American Federation of Labor except tran- sportation, oil and gas pipeline work, as defined in the California Shortline Agreement dated July 31, 1950. The Individual Employer agrees that all work covered by this Agreement, whether performed by the Inidvidual Employer or by any person, firm or corporation shall be performed under the terms and conditions of this Agreement. (D) Recognition of Bargaining Agent. The Individual Employers recognize the UNION as the sole and exclusive collective bargaining representative of all employees of the Individual Employers performing work covered by this Agreement. (E) The UNION recognizes the ASSOCIATION as the exclusive bargaining agent of its members, present and future, employing employees per- forming work claimed by the Union. (F) Work Assignments. Work assignments will cover pipe work of every kind and description; hangers and supports, regardless of the material or shape; fixtures, appurtenances and equipment which are a part of the piping system, including the unloading, distributing; reloading by any method whether or not power equipment is used; rigging and hoisting, the assembling, fabricating of all piping and erection of the above being installed by the individual employer, including but not limited to all work covered in the fifty points of jurisdiction. Also herewith the 50 points of jurisdiction: 1. All piping for plumbing, water, waste, floor drains, drain gates, supply, leader, soil pipe, grease traps, sewage and vent lines. 2. All piping for water filters, water softeners, water meters and the setting of same. 3. All cold, hot and circulating water lines, piping for house pumps, cellar drainers, ejectors, house tanks, pressure tanks, swimming pools, or- namental pools, display fountains, drinking fountains, aquariums, plumbing fixtures and appliances, and the handling and setting of the above mentioned equipment. 4. All water services from mains to buildings, including water meters and water meter foundations. 5. All water mains from whatever source, including branches and fire hydrants, etc. 6. All down spouts and drainage areas, soil pipe, catch basins, manholes, drains, gravel basins, storm water sewers, septic tanks, cesspools, water storage tanks, etc. 7. All liquid soap piping, liquid soap tanks, soap valves, and equipment in bath and washrooms, shower stalls, etc. 8. All bathroom, toilet room and shower room accessories, i.e., as towel racks, paper holders, glass shelves, hooks, mirrors, cabinets, etc. 9. All lawn sprinkler work, including piping, fitting, and lawn sprinkler heads, 10. All sheet lead lining for x-ray rooms, fountains, swimming pools or shower stalls, tanks or vats for all purposes and for roof flashings in connec- tion with the pipe fitting industry. 11. All fire stand pipes, fire pumps, pressure and storage tanks, valves, hose racks, fire hose, cabinets and accessories, and all piping for sprinkler work of every description. 12. All block tin coils, carbonic gas piping, for soda fountains and bars, etc. 13. All piping for railing work, and racks of every description, whether screwed or welded. 14. All piping for pneumatic vacuum cleaning systems of every description. 15. All piping for hydraulic, vacuum, pneumatic, air, water, steam, oil, or gas, used in connection with railway cars, railway motor cars, and railway Iocomotives. 16. All marine piping, and all piping used in connection with ship building and ship yards. 17. All power plant piping of every description. 18. The handling, assembling, and erecting, of all economizers, superheaters, regardless of the mode or method of making joints, hangers, and erection of same. 19. All internal and external piping on boilers, heaters, tanks and evaporators, water legs, water backs and water grates, boiler compound equip- ment, etc. 20. All soot blowers and soot collecting piping systems. 21. The setting, erecting, and piping for all smoke consuming and smoke washing and regulating devices. 22. The setting, erecting and piping of instruments, measuring devices, thermostatic controls, gauge boards,.and other controls used in connection with power, heating, refrigerating, air conditioning, manufacturing, mining, and industrial work. 23. The setting and erecting of all boiler feeders, water heaters, filters, water softeners, purifiers, condensate equipment, pumps, condensers, coolers, and all piping for same in power houses, distributing and boosting stations, refrigeration, bottling, distilling, and brewing plants, heating, ventilating and air conditioning systems. 24. All piping for artificial gases, natural gases, and holders and equipment for same, chemicals, minerals and by products and refining of same, for any and all purposes. 25. The setting and erecting of all underfeed stokers, fuel burners, and piping, including gas, oil, power fuel, hot and cold air piping, and all acces- sories and parts of burners and stokers, etc. 26. All ash collecting and conveyor piping systems, including all air washing and dust collecting piping and equipment, accessories and ap- purtenances and regulating devices, etc. 27. The setting and erection of all oil heaters, oil coolers, storage and distribution tanks, transfer pumps, and mixing devices, and piping thereto of every description. 28. The setting, erecting and piping of all cooling units, pumps, reclaiming systems, and appurtenances, in connection with transformers and piping to switches of every description. 29. All fire extinguishing systems, and piping, whether by water, steam, gas or chemical, fire alarm piping, and control tubing, etc. 30. All piping for sterilizing, chemical treatment, deodorizing and all cleaning systems of every description and laundries for all purposes. 31. All piping for oil, or gasoline tanks, gravity and pressure lubricating and greasing systems, air and hydraulic lifts, etc. 32. All piping for power, or heating purposes, either by water, air, steam, gas, oil, chemicals or any other method. 33. All piping, setting and hanging of all units and fixtures for air conditioning, cooking, heating, roof cooling, refrigerating, ice making, humidifying, dehumidifying, dehydrating, or any method, and the charging and testing, servicing of all work after completion. 34. All pneumatic tube work, and all piping for carrying systems by vacuum, compressed air, steam, water, or any other method. 35. All piping to stoves, fire grates, blast and heating furnaces, ovens, driers, heaters, oil burners, stokers, and boilers and cooking utensils, etc, of every description. 36. All piping in connection with central distributing filtration treatment stations, boosting stations, waste and sewage disposal plants, central chlorination, and chemical treatment work, and all underground supply lines to cooling wells, suction basins, filter basins, and aeration basins. 37. All process piping for refining, manufacturing, industrial, and shipping purposes, of every character and description. 38. All air piping of every description. 39. All temporary piping of every description in connection with building and construction work, excavating and underground construction. 40. The laying out and cutting of all holes, chases and channels, the setting and erection of bolts, inserts, stands, brackets, supports, sleeves, thim- bles, hangers, conduit and boxes, used in connection with pipe fitting industry. 41. The handling and setting of boilers, setting of fronts, setting of soot blowers, and attaching of all boiler trimmings. 42. All pipe transportation lines for gas, oil, gasoline, fluids and liquids, water aqueducts, and water lines, and booster stations of every description. 43. All acetylene and arc welding, brazing, lead burning, soldered and wiped joints, caulked joints, expanded joints, rolled joints or any other mode or method of making joints in connection with the pipe fitting industry. 44. Laying out, cutting, bending and fabricating of all pipe work of every description, by whatever mode or method. 45. All methods of stress relieving of all pipe joints made by every mode or method. 46. The assembling and erecting of tanks, used for mechanical, manufacturing, or industrial purposes, to be assembled with bolts, packed, or welded joints. 47, The handling and using of all tools and equipment that may be necessary for the erection and installation of all work and materials used in the pipe fitting industry. 48. The operation, maintenance, repairing, servicing and dismantling of all work installed by journeymen members of the United Association. 49. All piping for cataracts, cascades, (i.e., artificial water falls), make-up water fountains, captured waters, water towers, cooling towers and spray ponds, used for industrial, manufacturing, commercials, or any other purposes. 50. Piping herein specified means pipe made from metals, tile, glass, rubber, plastics, wood, or any other kind of material, or product manufactured into pipe, usable in the pipe fitting industry, regardless of size or shapes. (G) All work covered by this Agreement, including the fabrication of plumbing, heating and air conditioning, refrigeration and piping materials must be performed in the area covered by this agreement, by employees covered by this Agreement, under the terms and conditions of this Agree- ment. (H) Whenever a contractor desires to fabricate pipe in his shop or yard and transport it into the jurisdiction of Local Union No. 460, he must secure permission from Local Union 460. Then, if permission is granted, he must give the Local Union advance notice by letter, telegram, or, in an emergency, by telephone, of his intention to do so and the location of the job site; and all such fabricated pipe must be accompanied by a statement signed by an employee covered by this agreement, verifying the fact that the fabrication was done in accordance with the terms and conditions of this agreement. ALL WORK ASSIGNMENTS WILL BE MADE IN ACCORDANCE WITH THIS SECTION. SECTION 3--UNION MEMBERSHIP All workmen employed by the contractors for a period of 7 days continuously or accumulative within the multiple employer agreement unit shall be required as a condition of employment to become members of the Union not later than 7 days following the beginning of employment or the execu- tion of this Agreement, whichever is later, and shall be required thereafter to maintain membership in the Union as a condition of continued employ- ment. SECTION 4--HIRING PROVISIONS (A) Qualified Craftsmen. Contractors shall only employ qualified Journeymen Plumbers and Pipe Fitters. Journeymen Plumbers and Pipe Fitters shall be qualifed for employment under this Agreement who have had five years actual practical working experience in the Plumbing or Pipe Fitting trade in the Building and Construction Industry. (B) Exclusive Hiring. Contractors shall hire qualified Journeymen Plumbers and Pipe Fitters by callling the Union. Whenever a contractor requires a Journeyman Plumber, Pipe Fitter, Foreman or General Foreman on any job, he shall notify the local union office either in writing or by telephone, stating the location, starting time, approximate duration of job, the type of work to be performed and the number of workmen required, (C) No Journeyman who holds a Contractor's License will be dispatched for work covered by this Agreement unless he submits evidence that he has made his contractor's license inactive through the proceedings specified by the California Contractors' State License Board. Further, contractors who have signed the Agreement as an employer and subsequently go out of business and desire to register for employment covered by this Agree- ment shall be required as a condition precedent thereto, to sign an Agreement not to engage in business as a contractor for the duration of the labor agreement in effect at that time. (D) Whenever any test is required of any workmen by an individual employer, the Local Union upon being requested to furnish men for such test will dispatch only workmen who are experienced in the type of work for which test is required, unless otherwise expressly agreed to by the Individual Employer. Before any workman commences the test, he shall be placed on the payroll of the Individual Employer. Any workman failing to pass the test shall be paid straight time for the test period but in no event less than four (4) hours at straight time. If over four (4) hours is required to take the test, eight (8) hours pay shall be paid for that day. (E) Whenever an employer requests men for any and all jobs within the jurisdiction of Local Union No. 460, all the dispatches shall be issued thru the dispatch office of Local Union No. 460. It is understood that employees on the "A" List shall be the first people considered for disoatch in their proper classification and when the "A" List is exhausted, the "B" List men in their proper classification shall then be exhausted before the "C" List is given consideration. Employees on the "B" or "C" List shall be the first discharged or laid off. Whenever a man is laid off or quits a job, he must sign the appropriate out-of-work list before his is eligible for dispatch. If an "A" list man is laid off and is aware of any C or B men still employed by his former employer, if he so desires, he must, within two (2) working days, file a complaint with the Local Union at that specific time. If a "B" or "C" man is found to be still employed, the "A" man shall be returned to his former employer. SECTION 5--SENIORITY CLAUSE It is the desire of the parties to this Agreement that those employees who have previously worked for Contractors for the period set forth herein shall enjoy seniority rights for the purpose of rehire, Qualified Journeymen Plumbers and Pipe Fitters, Steam Fitters, Pipe Welders, Refrigeration Fitters, Heating and Air Conditioning and Utility Pipe work shall be hired and/or rehired in accordance with length of service with any contractor in the collective bargaining unit as follows: (A) "A" list: All Building Trades journeymen Steam Fitters, Pipe Fitters, Plumbers, Pipe Welders, Refrigeration Fitters, Air Conditioning and Building Trades Apprentices, and all other craftsmen coming under the jurisdiction of the Union who have a total of 2,000 hours or more employment within the past three years in the Local Union area in which they are seeking employment. These 2,000 hours must have been accumulated with the past three years working for Contractors parties to, and under the terms of, an Agreement covering all Plumbing, Steamfitting, Pipefitting, Pipe Welding, Refrigeration Fitting, Heating and Air Conditioning and Utility Pipe Fitting. Only the "A" List men have seniority or preference in employ- ment. (B) "B" List: All Journeymen Steamfitters, Pipe Fiitters, Plumbers, Pipe Welders, Refrigeration Fitters, Air Conditioning and Heating, and Utility Pipe Fitters, who have a total of 2,000 hours or more employment in California outside of the geographical area covered by this Agreement within the past three (3) years as employees with Contractors signed to and doing work under an Agreement signed with a U.A. Local Union. (C) "C" List: All Journeymen Steamfitters, Pipe Fitters, Plumbers, Pipe Welders, Refrigeration Fitters, Heating and Air Conditioning and Utility Pipe Fitters with less than 2,000 hours service with any of the Contractors parties to an Agreement with a U.A. Local Union or any applicant who qualifies as a journeyman and who registers for hiring in accordance with the terms of this Agreement. SECTION 6--OUT OF WORK REGISTRATION The Union shall establish and maintain a separate appropriate registration facility for qualified applicants available for employment as Journeymen Plumbers, Steamfitters, Pipe Fitters, Pipe Welders, Refrigeration Fitters, Heating and Air Conditioning and Utility Pipefitters. Applicants shall be registered on the appropriate craft out-of-work list: i.e., either plumber or pipefitter, Pipe welder, et al, in the order of time and date of registration. There shall be three groupings in each separate craft out-of work list. All Plumbers, Steamfitters, Pipe Fitters, Pipe Welders, Refrigera- tion Fitters, Heating and Air Conditioning and Utility Pipe Fitters with seniority shall be registered on the "A" List and all other Journeymen Plumbers, Steamfitters, Pipe Fitters, Pipe Welders, Refrigeration Fitters, Heating and Air Conditioning and Utility Pipe Fitters who are qualified but without seniority, shall be registered on the "B" or "C" List. Each applicant for employment shall be required to furnish such data, records, names of Employers, length of employment and licenses as may be deemed necessary and each applicant shall complete such forms of registration as may be submitted to him. Applicants for employment shall also list any special skill that they possess. (A) Referral of Men. Upon the request of a Contractor for Plumbers or Pipe Fitters, et al, the Union shall immediately refer qualified and competent registrants to that contractor in sufficient number required by the contractor in the manner and under the conditions specified in this Agreement for the separate appropriate out-of-work list, on a first in, first out basis; that is, the first man registered shall be the first man referred except that the Contractors shall have the right to request particular Plumbers or Pipe Fitters whose names appear on the "A" List and said request shall be honored without regard to the requested name's place on the "A" out-of-work list. (B) In the event the Contractor within 48 hours of request to the Union, does not so obtain the number of employees needed, the Contractor may obtain employees from any other source and notify the Union of the name, address and social security number of such employee. SECTION 7- NON-DISCRIMINATORY REFERRAL The Union and the Contractors agree that the referral of jouneymen Plumbers, Steamfitters, Pipe Fitters, Pipe Welders, Refrigeration Fitters, Heating and Air Conditioning and Utility Fitters, shall be on the following basis: (A) Selection of applicants for referral to a job shall be on a non-discriminatory basis and shall not be based on, or in any way affected by Union membership, by-laws, rules, regulations, constitutional provisions, or any other aspect of or obligation of Union membership, policies or require- ments. (B) The Employer retains the right to reject any job applicant referred by the Union. (C) The Union and the Contractor shall post in places where notices to all employees and applicants for employment are customarily posted, all provisions relating to the functioning of the hiring provisions of this Agreement. SECTION 8--JOINT COMMITTEE The parties to this Agreement shall create a Joint committee, corn posed of an equal number of Contractor and union Representatives to supervise and control the operation of the job referral system here. The Joint Committee is empowered: (A) To promulgate any and all rules and regulations from time to time that it deems advisable for the operations of the exclusive job referral plan. (B) Properly post all rules and regulations relating to the functioning of the referral plan, together with provision of this A, greement as set out in Section 5, at the Union dispatch office, at the Contractor's office and job site. (C) To hear and determine any and all disputes or grievances arising out of the operation of the job referral system including but not limited to, grievances arising out of work registrations, work referrals and the preparation of the referral registration list. Any applicant or registrant shall have a right of appeal of any dispute or grievance arising out of and relating to the operation or functioning of the job referral plan to the Joint Committee. The Joint Committee shall provide in the rules and regulations of the job referral for an appeal to an impartial umpire whenever the Joint Commit- tee reaches a deadlock over a dispute. The impartial umpire shall be designated by mutual agreement. of the parties. The authority of the impartial umpire shall be limited to interpreting and applying the rules and regulations of the Joint Committee. All decisions of the Joint Committee or the im- partial umpire shall be final, binding and conclusive on all parties, including applicants. If any question arises as to the qualification and competency of an applicant, the Joint Committee shall make the determination. Such determina- tion shall be fair and impartial, without regard to applicants' membership or non-membership in the Union. SECTION 9--APPRENTICES Apprentices shall be employed and referred according to the provisions of the Joint Apprenticeship Training program provided for in other provisions of this Agreement. SECTION FOREMAN & GENERAL FOREMAN All Foremen and General foremen shall be members of Local Union 460 and shall be selected and hired by the Employer through Local 460 and he shall act as an agent of the Employer only and shall not apply or attempt to apply regulations, rules, by-laws or provisions of the Union Constitution in any respect. SECTION 11--JOB STEWARD CLAUSE A Steward shall be a working Journeyman appointed by the Business Manager or Business Agent of the Local Union who shall, in addition to his work as a Journeyman, be permitted to perform during working hours such of his union duties as cannot be performed at other times. (It being un- derstood and agreed that the Steward's duties shall not include any matters relating to referral, hiring and termination). The Union agrees that such duties shall be performed as expeditiously as possible and the employer agrees to allow the Steward resonable amount of time for the performance of such duties. It is further agreed that the employer will give 48 hours notice to the Local Union 460 prior to termination of the Steward. SECTION 12--WORKING CONDITIONS In the territorial jurisdiction of Local Union 460: (A) No workmen shall work for any Individual Employer who handles tools, except that on repair work an Individual Employer, i.e. one man (Sec- tion B hereof) has the right to work with or without Journeymen for not to exceed four (4) hours on any job. The total work on a job on which Individual Employer works must not require more than four (4) hours to complete; and in any event, no workman shall work for any employer who is himself a member of Local Union No. 460, who is in violation of this Agreement. Jobbing and repair work are defined as: Repairing or renewing bibbs, cocks, traps, hydrants, and all appliances including refrigeration hereto in which an entire new fixture is not installed. (Replacing of worn or broken plumbing and refrigeration fixtures with a new one will be considered jobbing work). (B) No Individual Employer covered hereby will be permitted to handle tools, unless he is a stockholder of the firm and properly listed as such, or a bona fide partner in the firm, with such partnership duly filed, and then only on repair work, such work not to exceed four (4) hours on any one job. No firm shall be allowed more than one working member and the name of such member must be filed with the Local Union having jurisdiction over the area in which the firm's principal place of business is located. (C) Foremen shall be entitled to perform any of the duties normally assigned to a journeyman when his crew is five (5) men or less or when he is in- structing or in an emergency. No foreman shall carry more than six men. No more than one working Foreman shall be permitted on any job. (D) General Foremen may give orders directly to workmen provided that he advises the Foreman of such as soon as practicable. General Foremen shall not work with tools. (E) All parties hereto shall abide by all State laws, City and County Ordinances pertaining to the plumbing and heating and pipefitting and refrigeration industry, including all State safety and health measures and lawS. (F) All Employers trucks are to be identified by a sign on both sides of the truck in legible 11/2 inch letters, legible at one hundred feet, painted or permanently attached thereto, displaying the name of the firm. (G) No Contractor who is a party to this Agreement shall be required to pay higher wages or be subject to less favorable working rules or condi- tions than those applicable to other contractors employing members of the Union, parties hereto, performing such similar work in the same jurisdic- tion. SECTION 13--HOURS OF LABOR (A) All time worked in excess of eight (8) consecutive hours exclusive of the lunch period, or all time worked in excess of forty hours per week and all time worked before 8:00 A.M. and after 4:30 P.M., and all work performed on Saturdays, Sundays and Holidays, shall be paid at the double time rate, except jobbing and repairing which will be permitted at time and one-half the straight time rate. The work week for jobbing and repairing may start on Tuesday and end on Saturday. (This Paragraph,'Section (A), shall be open in 1977 as a negotiable item). (B) Eight (8) consecutive hours betweem 8:00 A.M. and 4:30 P.M. shall constitute a day's work, provided however, the employee shall have a lunch period of not less than one-half hour between 12:00 Noon and 1:00 P.M. The foregoing starting times and lunch period may be changed during the time that day light savings time is in effect. After receiving permission from Local Union 460, work may commence at 7:00 A.M. and cease at 3:30 P.M. A coffee break shall be allowed twice daily, ten (10) minutes in the morning and ten (10) minutes in the afternoon. (C) After an employee has worked eight (8) consecutive hours, including a lunch period, a meal period of one-half (1/2) hour shall be allowed on the Individual Employer's time at the overtime rate. This applies at the conclusion of the first two hours overtime worked thereafter and at the conclusion of every four (4) hours of overtime worked thereafter. (D) Holidays shall be those recognized by the Local Building Trades Council, namely New Years, Memorial Day, Fourth of July, Labor Day, Thanksgiving, the Friday following Thanksgiving, Christmas and Veteran's Day. If any of the holidays fall on Saturday, the Friday preceding shall be considered a legal Holiday. If any of the Holidays fall on Sunday, the Monday following shall be considered a legal Holiday. (E) Employees shall not be at the Individual Employer's shop, yard or his place of work ready for work, prior to fifteen (15) minutes before the com- menceme'nt of the work day, and under no circumstances shall the employee leave his place of work designated by the Individual Employer prior to the end of the work day, except in an emergency. (F) Any employee, after being hired and reporting for work at the regular starting time anf for whom no work is provided, shall receive pay for four (4) hours at the prevailing rate of wages, unless he has been notified not to report, and any workman who reports to work and for whom work is provided shall receive not less than four (4) hours pay, and if more than four (4) hours are worked in any one day, shall receive not less than a full day's pay. When an Employee reports for work in a subsistance area and there is no work provided for him or for whom work is provided he shall receive not less than one days subsistance. However, the exception shall be when weather or strike conditions make it impracticable to put such employee to work or stoppage of work is occasioned thereby, or when an employee leaves his work on his own accord. (G) Pay day shall be once each week with not more than three days pay being withheld, except that if because of the size of the job and payroll, more time is needed, the time will be extended to not more than five (5) days upon request to the Local Union with jurisdiction at the site of work. Workmen are to be paid during the regular shift, whether working in a shop, Individual Employer's yard, or in the field. When men are laid off or dis- charged, they must be paid wages due them immediately at the time of lay-off or discharge in compliance with the California State Labor Code. (H) Employees required to work in an area where they are exposed to acids and caustics, or any other hazardous conditions, shall be provided protective clothing, equipment and gloves for welders by the Individual Employer. (I) The Contractors agree to abide by California State Election Code, Section 14400 and Federal Statute. (J) All work covered by this Agreement, including the fabrication of plumbing, heating and air conditioning, refrigeration and piping materials must be performed in the area covered by this agreement, by employees covered by this Agreement, under the terms and conditions of this Agreement, if, within the control of the signatory employer. All pipe may, at the option of the Employer, be fabricated on the job or in a shop within the territorial area of Local Union 460, by Journeymen and Apprentice employees who are covered by this Agreement, receiving the Building Trades rate of pay and working under conditions set forth in this Agreement. No employee covered by this Agreement may be discharged or discriminated against for refusing to handle or install any material fabricated out- side the jurisdiction of the Agreement except a Manufacturers packaged product regularly manufactured and shipped as a unit. As an example, a packaged boiler. All pipe 2" and under shall be fabricated on the job site. (K) No rules, customs or practices shall be permitted that will limit production or increase the time required to do any work. There shall be no limitation or restriction on the use of machinery, tools or other labor-saving devices supplied by the Individual Employer provided such equipment is operated in accordance with the jurisdictional awards of the Building and Construction Trades Department of the American Federation of Labor, and approved by the Industrial Accident Commission of the State of California. (L) No workman will be permitted to sub-contract or lump the installation of any plumbing, heating or pipe work or any other work covered by this Agreement or to work in any shop where sub-contracting is practiced by Journeymen. No workman shall be allowed to work for themselves or make a practice of doing work after hours or on Saturdays, Sundays, or holidays. (M) The Business Representatives of the Local Union shall have access to the job site during working hours for the purpose of checking the man- ner in which the terms of this Agreement are being complied with. If any conditions requiring adjustment are observed, he shall report them to the In- dividual Employer or his authorized representative. In those cases in which the Local Union desires to have a shop steward on a job it may do so. In the event there is a shop steward on a job, he shall in all cases be a preferred man under the preference provisions of this Agreement. (Refer to Sec- tion 5 for preferred and seniority provisions). (N) 1. No tools shall be furnished by any workman except that workmen may furnish their own hoods and goggles. No workman shall deposit any money to guarantee the safety of any tools or materials, nor shall any money be deducted from their pay for the same. The Individual Employer shall furnish workmen with clear glass for their hoods and goggles and shall furnish helmets to the Apprentices for their protection. 2. All workmen shall accept the responsibility for and properly care for all tools and/or equipment furnished by the Individual Employer. 3. No workman covered by the terms of this Agreement shall furnish an automobile or any conveyance for any purpose other than to convey himself to and from work. (O) Shift work may be performed at the option of the Employer. However, when shift work is performed it must continue for a period of not less than five consecutive work days. The day shift shall work a regular eight (8) hour shift; employees working the second and third shifts shall receive pay for actual hours worked. The hourly rate for men on the second and third shift shall be 15% over an above the basic hourly rate. For clarification of the above paragraph, when shift work does not continue for five consecutive work days the employees will receive double their basic hourly rate. (P) In the event the Carpenters Local initiates a shorter work week, it would be the option of Local 460 to initiate the same schedule. SECTION 14--TRAVEL (A) A Free zone shall be established within 15 miles (as hereinafter defined in sub-section B and C) of the Local Union dispatch office for those men dispatched from Local Union dispatch office and a free zone of 15 miles shall be established around the individual Employer's shop for those men dispatched from the Individual Employer's shop. On jobs 15 to 20 miles from the Local Union dispatch office or the Individual Employer's shop, the employee shall receive $3.00 per work day travel allowance. On jobs 20 to 25 miles from the Local Union dispatch allowance. On jobs 25 to 30 miles from the Local Union dispatch allowance. On jobs 30 to 35 miles from the Local Union dispatch allowance. On jobs 35 to 40 miles from the Local Union dispatch allowance. On jobs 40 to 45 miles form the Local Union dispatch allowance. On jobs 45 to 50 miles from the Local Union Dispatch office or the Individual Employer's shop, the employee shall receive $11.00 per work day travel allowance. On jobs 50 to 75 miles from the Local Union Dispatch office or the Individual Employer's shop, the employee shall receive $15.00 per work day travel allowance. On jobs more than 75 miles from the Local Union dispatch office or the Individual Employer's shop, the employee shall receive $20.00 per day worked and in addition thereto each time an employee is sent or assigned to a job or removed from a job or his employment is terminated or he quits, he shall be paid travel time in an amount equal to straight time rate not to exceed 8 hours in any one work day and mileage at the rate of 10 cents per mile. office or the individual Employer's shop, the employee shall receive $4.00 per work day travel office or the individual Employer's shop, the employee shall receive $5.00 per work day travel office or the Individual Employer's shop, the employee shall receive $6.00 per work day travel office or the Individual Employer's shop, the employee shall receive $7.00 per work day travel office or the Individual Employer's shop, the employee shall receive $9.00 per work day travel SECTION 15--CESSATION OF WORK In the event any dispute arises in regard to the interpretation, application or enforcement of this Agreement, the Union shall have the immediate right to strike, picket, or take any other action against the employer, and the provisions of Section 25 of this Agreement Shall not be applicable. The Employer shall, likewise, have the right to engage in a lockout of his employees, and the provisions of Section 25 shall not be applicable. SECTION 16- EMPLOYEES NOT TO BE DISHCARGED FOR RECOGNIZING AUTHORIZED PICKET LINES No employee covered hereby may be discharged by any individual Employer for refusing to cross a lawful primary picket line established by a union affiliated with the Building and Construction Trades Department of the American Federation of Labor, which lawful primary picket line has been authorized or sanctioned by the Local Building and Construction Trades Council having jurisdiction over the area in which the job is located. SECTION 17--JURISDICTIONAL DISPUTES In the event of any dispute between Local Unions of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, as to the jurisdiction of the work performed by Individual Employers, such dispute shall be referred to and settled by the United Association. In the event of any dispute as to jurisdiction of work covered by the terms of this Agreement, by reason of any such work being claimed by a union or unions other than the United Association, such disputes shall be referred to the Local Unions involved for determination within four working days of receipt of telegraph communication to the Contractors. If the Business Representative of the Local Union having the Assignment refuses to meet to attempt to resolve the matter, the work in question will be assigned to the United Association. However, if the Business Representatives of the Unions involved do meet and are unable to resolve the dis- pute, such dispute shall be referred to the Impartial Jurisdictional Disputes Board, established by the Building and Construction Trades Department, and any successor or substituted procedure adopted by the Department, for determination, and the work shall proceed as assigned by the Individual Employer until such determination by the Building and Construction Trades Department, and any successor or substituted procedure adopted by the Department, has been made, and it is agreed that this Agreement shall constitute the Individual Employers covered herby. In either event, the parties hereto agree that there will be no slow-down or stoppage of the work and each agrees that the decisions of the authorities stipulated herein shall be final and binding upon them. SECTION 18--APPRENTICESHIP AND TRAINING In order that an adequate supply of competent skilled craftsmen shall be available at all times, it is agreed that apprenticeship training shall conform to the State Apprenticeship Standards prepared under the Shelley-Maloney Apprentice Labor Standards Act, 1939, as amended. (A)--WAGE RATES--APPRENTICES The apprentice scale of wages shall be determined on a percentage basis relative to the scale of wages for Journeymen as stipulated herein. The percentage will begin at 50% with a graduated wage increase for each six-month period thereafter, up to 95% for the tenth and final six-month period, as follows: 1st six-month ~eriod .................................................................................................................................................................................50% 2nd six-month ~eriod ...............................................................................................................................................................................55% 3rd six-month ~eriod ................................................................................................................................................................................60% 4th six-month ~eriod ................................................................................................................................................................................65% 5th six-month ~eriod ................................................................................................................................................................................70% 6th six-month ~eriod ................................................................................................................................................................................75% 7th six-month ~eriod ................................................................................................................................................................................80% 8th six-month ~eriod ..........................................................................................................................................................:~ ..................85% 9th six-month ~eriod ................................................................................................................................................................................90% 10th six-month ~eriod ................................................................................................................................................................................95% NOTE: Apprentice shall mean a person at least eighteen (18) years of age, and preferably not over twenty-one (21) years of age, who is enrolled with the United Association and engaged in learning to fabricate, erect and install all parts of a Plumbing and/or Pipe Fitting job coming under the working jurisdiction of the Journeymen and Apprentices of the United Association of the Plumbing and Pipe Fitting Industry of the United States and Canada. It is understood that in each shop where a Journeyman is steadily employed, one apprentice may be furnished and for each additional five (5) Journeymen, he will be entitled to one additional apprentice, with no shop being entitled to more than (5) Apprentices. It is also understood that a shop employing a Apprentice will be expected to keep this Apprentice employed steadily so that he may learn and corn- plete his trade in all phases of the Industry. It shall be the intent and purpose of the PARTIES tothis Agreement to provide full opportunity to former Service Men to become Apprentices un- der the provisions of this Agreement. SECTION 19--WAGE RATES--JOURNEYMEN (A) Effective January 1, 1976, the basic wage rate for Journeymen in the area covered bythis Agreement shall be $10.53 per hour. (B) Effective January 1, 1976, the basic wage rate for Jouneymen for the Edwards Air Force Base and the Naval Weapons Center, China Lake, California, in their entirety, shall be $13.03 per hour. (C) The wage rate for Foreman shall be 10% over and above the Journeyman rate on all Piping and/or Plum bing installation. Where there are more than three Journeymen employed, one Journeyman shall receive the classification of Foreman, with no Foreman to supervise more than six men. When two Foremen are employed, one shall receive the classification of Gener:al Foreman and shall receive 20% over and above the Journeyman rate. The appointment of all Foremen and General Foremen shall be the responsibility of the Contractor. (D) Hazard Pay: Employees assigned to work from a swinging scaffold, spider or from a bosun chair shall be paid at the rate of 10% above his regular rate of pay for that day. All safety rules shall comply with the State of California and Federal Safety Laws. (E) Payroll checks must bear the authorized signature of, and be drawn from the account of the Contractor to whom men are dispatched. The employee shall receive a check stub from each check showing the Contractor's name and address, pay period covered, regular and overtime hours worked, vacation and holiday contributions, and all other deductions required by law. SECTION 20 -- WELFARE PLAN, PENSION PLAN, APPRENTICE TRAINING & EDUCATION FUND, VACATION AND HOLIDAY FUND, INDUSTRY FUND & DUES CHECK OFF FUND (A) Each individual employer shall pay into the Local 460 Pipe Trades Fund 95¢ per hour worked by each employee employed on work covered by this Agreement commencing on January 1, 1976, for the purpose of providing a health and welfare program. (B) The Local 460 Pipe Trades Trust Fund shall be administered in accordance with the provisions of the Trust Instrument executed the 17th day of June, 1954. The plan for deposit to be determined by the Board of Trustees. (C) Each Individual Employer shall pay into the Local 460 Apprentice Training and Educational Fund 17¢ per hour for each hour worked by each employee on work covered by this Agreement commencing on January 1, 1976. (D) Each Individual Employer shall pay into the Local 460 Pipe Trades Pension Trust Fund $1.60 per hour for each hour worked by each employee except Apprentices employed on work covered by this Agreement, commencing on January 1, 1976, to provide for a Pension plan. The Pension Plan shall be administered in accordance with the provisions of a trust instrument and plan to be agreed to and executed by the parties. (E) Each Individual Employer shall pay into the Local 460 Pipe Trades Holiday and Vacation Trust Fund $1.00 per hour for each hour worked by each employee employed on work covered by this Agreement commencing on January 1, 1976, to provide a Vacation Plan. The Vacation Plan shall be administered in accordance with the provisions of a trust instrument and Plan to be agreed to and executed by the parties. (F) The Apprentice Training and Educational Fund to be aministered by the Joint Board of Trustees now administering the Pipe Trades Trust Fund with the plan for deposit of all 'monies in a separate account to be determined by the Board of Trustees. (G) The Holiday and Vacation fund to be administered by the Joint Board of Trustees now administering the Pipe Trades Trust Fund with the plan for deposit of all monies in a separate account to be determined by the Board of Trustees. (H) Each Individual Employer shall pay into the Industry Promotion Fund established by the Employers, the sum of Twenty cents (20¢) per hour for each hour worked by each of his employees on work covered by this Agreement. Said Fund shall be used for the purpose of promoting the interests of the Plumbing, Heating, Refrigeration and Industrial Piping Industry in the area covered by this Agreement and shall not be used for any purpose opposed to the interests of the Union, and Local Union, or the Employees covered by this Agreement. Payments into said Industry Promotion Fund shall be made in such manner, form and place and at such time as the trustees thereof by resolution or otherwise may direct. The Individual Employers agree to be bound by the Trust Agreement creating said Industry Promotion fund. Said Industry Promotion Fund shall be administered solely by the Employer, Individual Employer or their representatives. Neither the Union or any Local Union shall be responsible for the administration of such fund or for the collection of any of the amounts required to be made into said Fund by the Individual Employers as provided in this Section. ~. (I) Each Employer shall, in addition to the wage rates set forth in Section 19 above, pay the sum of .15 per hour for each hour worked by each employee employed on work covered by this agreement, to Local 460, United Association, commencing January 1, 1976, forworking dues. Said con- tributions shall be made monthly together with the contributions required by sub-paragraphs (A), (C), (D), (E) and (H) of this section and to such depository designated by the Union. Said dues check off shall be made by the employer pursuant to an executed written authorization executed by the employees. (J) The failure of an Employer to make full and prompt payment on all employees covered by this Agreement to these Funds on or before the 15th day of each month for the hours worked in the preceding month shall be deemed in violation of the Working Agreement and all employees shall be removed from the job or project of the Employer and such removal shall not be deemed a breach of the present collective bargaining Agreement. The Union can strike or remove men from the job of a delinquent employer, and the no strike clause (Section 15) and the grievance and arbitration procedure (Section 25) shall not be applicable. (K) Any Employer signatory to this Agrement found to be in violation of Paragraph (J) shall be required to post a one thousand dollar ($1,000.00) or more cash or surety bond and bring all fringe benefits of employees up to date before employees will be returned to the shop or job. This bond is to remain in force and effect for the protection of employees fringe benefits as long as the employer is employing employees under the terms of this Agreement. (L) After the effective date of this Agreement, any firm signing this Agreement for the first time in the jurisdiction of Local Union 460, may be re- quired to post a one thousand dollar ($1,000.00) or more cash or surety bond guaranteeing the payment of wages and fringe benefit contributions re- quired by this Agreement. The provisions of such bond shall be agreed upon by the parties hereto in an amount of not less than $1,000.00. Said bond shall be deposited with the administrator and trustees of the Local 460 Pipe Trades Fringe Benefit Funds. SECTION 21--RECIPROCITY (A) Whenever an Individual Employer whose permanent shop or yard is located within the territory covered by this Agreement, takes one or more of his employees to perform work outside this territory, such employee shall continue to be paid the wages and all the fringe benefits as provided in this Agreement. (B) Whenever an individual employer whose permanent shop or yard is located outside the territory covered by this Agreement brings one of his employees to perform work within this territory, as permitted by this Agreement, such employee shall be paid the wages and all the fringe benefits as provided in the Collective Bargaining Agreement of the U.A. Local Union or District Council covering the geographical area in which the individual employer's permanent yard or shop is located and from which area such employee comes, provided however, that this paragraph shall apply only to areas in which the Collective Bargaining Agreement provides for similar tre. atment of employees coming from the territory covered by this Agree- ment. SECTION 22--WARRANTY (A) The Individual Employer and the Local Union for itself warrants and agrees that it will not, by the adoption or amendment of any provisions of its articles of incorporation ownership, or change in the geographic location of its Employment Office constitution, by-laws, or by contract, or by any means whatsoever, take any action that will prevent or impede it in the full and complete performance of each and every term and condition hereof. (B) This Agreement contains all of the covenants, stipulations, and provisions and agreements between those parites to or covered by this Agree- ment, and no agent or representative of any part to this Agreement or Individual Employers or Local Union has authority to make and none of those parties to or covered by this Agreement are liable for any statement. SECTION 23--LIABILITY OF THE PARTIES (A) It is mutually understood and agreed that neither the individual Employer nor the Union will be liable for damage caused by the acts or contact of any Individual or groups of Individuals who are acting or conducting themselves in violation of the terms of this Agreement without authority of the Individual Employer or the Union. In the event of any unauthorized violation of the terms of this Agreement, responsible and authorized representatives of the Local Union or the In- dividual Employer, as the case may be, shall promptly take such affirmative action as is within their power to correct and terminate such violation for the purpose of bringing such unauthorized person in compliance with the terms of this Agreement. Such Individuals acting or conducting themselves in violation of the terms of this Agreement shall be subject to dicipline, up to and including discharge. (B) The Union shall furnish the Association the name and address of each Individual Employer when he becomes a signatory to this Agreement. SECTION 24--GENERAL SAVING CLAUSE It is not the intent of those parties hereto or covered hereby to violate any laws, rulings, or regulations of any Government Authority or agency having jurisdiction of the subject matter of this Agreement, and the parties hereto, agree that in the event that any provisions of this Agreement are finally held or determined to be illegal or void as being in contravention of any such laws, rulings, or regulations, then the parties agree that if and when any provisions of this Agreement are finally held or determined to be illegal or void they will then promptly enter into lawful negotiations con- cerning the substance thereof. SECTION 25--JOINT CONFERENCE BOARD It is the intention of the parties to this Agreement to settle problems that may arise on a local level: and to faciliatate such local settlements, there shall be established in the territorial jurisdiction of the Local Union, a Local Joint Conference Board of ten (10) members. Five (5) designated by the Employer Association and five (5) designated by the Local Union, in order to bring about general recognition and enforcement of this Agreement. Contemproaneously with the execution of this Agreement and the Employer shall notify the Union and the Union shall notify the Employer in writing of their respective Board Members. The Local Joint Conference Board shall meet at least quarterly and shall agree upon and determine the time and place of meeting, the rules of procedure, shall elect a chairman and a secretary from its membership, and shall determine upon all other details necessary to promote and carry on the business for which it is appointed. The function of the Local Joint Conference Board shall be: 1. To establish the general recognition and enforcement of the wages, hours, and working conditions of the Agreement. 2. To hear and adjust disputes or differences which may arise in the enforcement or interpretation of this Agreement. 3. To promote the mutual interest of the parties to this Agreement. 4. Pending the decision upon any dispute or grievance, work shall be continued in accordance with the provisions of this Agreement. If the Local Joint Conference Board, after meeting, cannot agree on any matter referred to it, the members thereof shall choose an impartial person who shall act as an additional member of the Local Joint Conference Board and participate in the making of a decision by a majority of the members. Said decision shall be rendered within ten (10) days after submission and shall be final and binding on all parties hereto. Any expense of employing such impartial person to sit as arbitrator shall be borne equally by the individual employer and the Union. Any dispute or grievance to be heard or settled by this Joint Conference Board shall be presented to the Joint Conference Board not more than 21 days after the dispute or grievance occurs. Except for money due the Health and Welfare Trust, the Pension Trust or the Apprentice Training Trust. SECTION 26--SUB-CONTRACTING CLAUSE The signatory Individual Employer signatory hereto, hereby agrees that any sub-contractor, person or corporation he or they sub-contract or employ on any building and construction work, shall be to a sub-contractor, person or corporation signatory to the appropriate A FL-CIO craft Ag ree- merit as follows: (A) All work covered by this agreement is to be sub-contracted to a contractor who has a signed Agreement with Local No, 460. (B) Any other building trades work will be sub-contracted only to a contractor who has an executed agreement with the appropriate union affiliated with the Kern County Building trades Council having the appropriate craft and territorial jurisdiction. SECTION 27-- EFFECTIVE AND TERMINATION DATE The terms of the other conditions of this Agreement negotiated prior to July 1, 1975, to carry on the intent of the negotiations of prior years shall extend from 12:01 A.M., January 1, 1976, until Midnight, December 31, 1976, except that this Agreement shall be opened between April 1, 1976 and April 15, 1976, for the sole purpose of re-negotiating Sections 13, 19 and 20: Section 13--Hours Paragraph P, Section 19--Wages and Section 20-- Fringe Benefits, of this Agreement. Between April 1, and April 15, 1976, 1977 and 1978, the Union and the Association shall contact each other for the purpose of either extending the terms of this Agreement or negotiating a new Agreement as per the terms of this Agreement which ever the parties may desire. This Agreement must be extended or a new Agreement reached and executed prior to July 1, 1976, 1977 and 1978. Should the parties fail to accomplish this, then July 2, 1976, 1977, and 1978, the Union shall select a representative and the Association shall select a representative. These two representatives shall select a third representative. In the event the parties cannot agree upon a third representative, the Union shall have the right to strike and the employer shall have the right to engage in a lock out. These three representatives shall dictate the point or points of dispute and complete the Agreement prior to August 1, 1976, 1977 and 1978. The Union and Association shall accept the Agreement as completed by the three representatives. The terms of such dictated Agreement shall not ex- tend more than a period of three years. The terms of this Agreement shall be from January 1, 1976 to December 31, 1978 (except as noted in above sections) and for additional periods of one year thereafter, unless on or before 60 days prior to June 30, 1978, or any subsequent year thereafter, the Individual Employer or the Union give written notice by mail, postage prepaid, certified or registered mail, return receipt requested, or telegram (per- sonal delivery) to the other party of a desire to cancel said Agreement. In witness whereof, the parties have set their hands and seals by their respective duly authorized officials this first day of July, 1975. INDIVIDUAL EMPLOYER BAKERSFIELD ASSOCIATED PLUMBING, HEATING AND PIPING CONTRACTORS, INC. (Effective 1-1-76 to be known as Plumbing, Heating & Cooling ...............................................................................................Contractors of Kern, Inyo & Mono Counties Inc.) Company Name Owner and/or Authorized Agent Address: ................................................................................ City: ...................................................................................... Phone: ................................................................................... Contractor's License No ........................................................... Date: , ..................................................................................... COMPENSATION INSURANCE CARRIER Name By: ........................................................................................ President Secretary LOCAL UNION NO. 460 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING & PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA. By: ......................................................................................... Business Manager and Financial Secretary Address ACKNOWLEDGMENT AND ACCEPTANCE OF WORKING AGREEMENT The undersigned employer by his signature acknowledges receipt of a true and correct copy of the Working Agreement of the United Association, Local Union No. 460. And, further by his signature, accepts all of the te'~;ms and conditions of said Agreement and agrees to be bound thereto in every way, including the obligation to. make periodic contributions and payments pursuant to the requirement of the Board of Trustees consistent with said Collective Bargaining Agreement between said employer and Local Union No. 460. Name of Company Date: ...................................................................................... Title: ...................................................................................... Administrative Office Copy I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 22d day of December, 1975, by the follow- ing vote: AYES: COUNCILMEN BARTON, BLEECI'ER, CHRISTENS[N, M[DDERS, ROGER:i, SCEALES, STRON(~ NOES: COU;iC~LI'4EN: ABSENT COUNCILMEN: