COMMUNITY WORKFORCE AGREEMENT

FOR

THE HIGH DESERT CORRIDOR PROJECT

BY AND BETWEEN

THE HIGH DESERT CORRIDOR JOINT POWERS AGENCY

AND

THE STATE BUILDING AND CONSTRUCTION TRADES COUNCIL OF CALIFORNIA

AND

LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES

COUNCIL

AND

THE SAN BERNARDINO-RIVERSIDE BUILDING AND CONSTRUCTION TRADES

COUNCIL

AND THE SIGNATORY CRAFT COUNCILS AND UNIONS

High Desert Corridor 1 Community Workforce Agreement

 TABLE OF CONTENTS

PREAMBLE 3
ARTICLE 1 PURPOSE 3
ARTICLE 2 SCOPE AND DURATION OF AGREEMENT 4
ARTICLE 3 MANAGEMENT RIGHTS 7
ARTICLE 4 EFFECT OF OTHER AGREEMENTS 8
ARTICLE 5 UNION RECOGNITION, REFERRAL, STEWARDS 9
ARTICLE 6 HELMETS TO HARDHATS 12
ARTICLE 7 CONTINUITY OF THE WORK 13
ARTICLE 8 WORK ASSIGNMENTS AND
JURISDICTIONAL DISPUTES 15
ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE 15
ARTICLE 10 EXPEDITED ARBITRATION 16
ARTICLE 11 SAFETY 18
ARTICLE 12 GENERAL SAVING CLAUSE 18
ARTICLE 13 NON-DISCRIMINATION 18
ARTICLE 14 PRE-JOB CONFERENCE 19
ARTICLE 15 LABOR/MANAGEMENT COOPERATION 19
ARTICLE 16 TRAVEL AND SUBSISTENCE 20
ARTICLE 17 PROJECT SUPPORT 20
ARTICLE 18 ENTIRE UNDERSTANDING 20
ARTICLE 19 AMENDMENTS AND COUNTERPARTS 20
ARTICLE 20 WAGES AND BENEFITS 20
ARTICLE 21 APPRENTICES 22
ARTICLE 22 DURATION OF THE AGREEMENT 23
ATTACHMENT A LETTER OF ASSENT 27
ATTACHMENT B CRAFT EMPLOYEE REQUEST FORM 28
ATTACHMENT C ZIP CODES 30
ATTACHMENT D APPROVED DRUG AND ALCOHOL TESTING POLICY 31

High Desert Corridor 2 Community Workforce Agreement

 COMMUNITY WORKFORCE AGREEMENT
HIGH DESERT CORRIDOR PROJECT

PREAMBLE

This Agreement is entered into this ____ day of April, 2024 by and between the High Desert
Corridor Joint Powers Agency (“Agency”) and the signatory contractors and subcontractors for
the construction of the High Desert Corridor Project (hereinafter General Contractor, contractors
and subcontractors are collectively referred to as the “Employers”) and the State Building and
Construction Trades Council of California, the Los Angeles/Orange Counties Building and
Construction Trades Council, and the San Bernardino-Riverside Building and Construction
Trades Council (collectively “Council”). The local councils and the labor unions affiliated with
the Council, as well as those other construction craft unions signing this Agreement, shall be
collectively referred to herein as the “Unions” and individually as “Union”. General Contractor
and the Council are referred to herein individually as a “Party” and collectively as the “Parties.”

ARTICLE 1
PURPOSE

1.1. The purpose of this Agreement (sometimes referred to herein as “CWA”) is to

ensure that all work on this Project shall proceed continuously and without interruption.

1.2. It is the objective of the Parties that the construction of this Project, as defined
below, may be a benefit to the Agency, the Employers, the Unions, and the community, and it is
recognized by all Parties that harmonious labor-management relations are the result of
responsible conduct by the Unions and the Employers employing building trades people, and it is
the Parties mutual desire to promote these relationships on this Project.

1.3. The Parties hereby agree and do establish and put into practice effective and
binding methods for the settlement of all misunderstandings, disputes, or grievances that may
arise so that the Parties are assured of complete continuity of operation, without slowdown or
interruption of any kind or for any reason, and that labor-management peace is maintained for
the life of this construction Project, except as provided in Section 7.4., below.

1.4. It is further the objective of the Parties that by entering into this Agreement, they
avoid the tensions that might arise when union and non-union workers, performing jobsite work
for the different Employers, work side by side on jobsite work to be covered under this
Agreement.

1.5. General Contractor warrants that it is a contractor primarily engaged in the

building and construction industry.

1.6. The parties agree that this Agreement is a valid Section 8(f) pre-hire agreement
within the meaning of Section 8 [29 U.S.C. § 158(f)] of the National Labor Relations Act and
shall not be deemed to create a Section 9(a) collective bargaining relationship.

1.7. It is understood that this Agreement supersedes any prior existing agreement
covering work that is covered by this Agreement. This CWA will govern the relationship
High Desert Corridor 3 Community Workforce Agreement
among the General Contractor, Employers, Councils and Unions with respect to construction
work to be performed in connection with Project Work defined below and for the duration as set
forth herein.

1.8.The Councils and Unions agree that this Agreement will be made available to, and will
fully apply to, any successful bidder (or its subcontractor(s) of any tier) for Project Work, as
defined in Article 2 of this Agreement, who becomes signatory to a Letter of Assent, without
regard to whether that successful bidder (or its subcontractor(s)) performs work at other sites on
either a union or non-union basis and without regard to whether employees of such successful
bidder (or subcontractor) are, or are not, members of any Unions.

1.9. This Agreement shall not apply to the parents, affiliates, subsidiaries, or other
joint or sole ventures of the General Contractor or any of the parties that make up General
Contractor or any Employer, which do not perform work at this Project. It is agreed that this
Agreement does not have the effect of, and will not be claimed by the Councils or any Union(s)
to have the effect of creating any joint employer, single employer or alter-ego status, that does
not otherwise exist, between or among the Agency, or the member companies or parties thereto,
the General Contractor, or the member companies or parties thereto, or any Employers, or any
affiliate(s) of any of the foregoing entities.

ARTICLE 2
SCOPE AND DURATION OF AGREEMENT

2.1. This Agreement shall apply to all Project Work (as defined below) performed by
the Employers in connection with the High Desert Corridor Project from Palmdale, California to
Apple Valley, California being constructed for Owner by General Contractor, as more
particularly described in Section 2.1.1 below (“Project”). This Agreement applies only to the
Project Work described in this Agreement and shall have no force or effect on any other work or
construction projects.

2.1.1. Subject to any exclusions set forth herein, this CWA shall apply only to
“Project Work” defined as all construction work for the proposed multipurpose transportation
route connecting Antelope Valley in Los Angeles County with Victor Valley in San Bernardino
County (“Project”) with the first phase consisting of a 54-mile high-speed rail project between
the two regions (“Project Site”) and funded by the voter-approved Los Angeles County Measure
M Expenditure Plan, which is either self-performed by General Contractor or performed by an
Employer pursuant to a contract bid and let by the General Contractor. Except as otherwise
provided herein, this Agreement shall not apply to the work of any Employer(s) that is performed
at any location other than the site of the Project Work.

2.1.2. Project Work is described generally as follows: all on-site construction,

alteration, painting or repair of buildings, structures, rail systems, stations and other works and
related activities for the Project that is within the craft jurisdiction of one of the Unions and which
is directly or indirectly part of the Project, including, without limitation, pipelines (including those
in linear corridors built to serve the Project), start-up, site preparation, survey work and soils and
material inspection and testing, all on-site fabrication work provided such work is within the
fabrication provision of a local master or national agreement of one of the Unions, demolition of
existing structures, and all construction, demolition or improvements required to be performed as
High Desert Corridor 4 Community Workforce Agreement
a condition of approval by any public agency. This Agreement also covers all off-site work,
including fabrication, traditionally performed by any of the Unions that is directly or indirectly
part of the Project, provided such work is covered by a provision of a current local Master
Agreement of the applicable Union(s) in effect at the time of the signing of this Agreement. On-
site fabrication work includes work done for the Project in temporary yards or areas devoted
exclusively to and for the Project, as well as those persons engaged in the offsite manufacture of
precast girders and form work and provided such offsite manufacture of precast girders and
formwork is performed at a facility or plant for such offsite manufacture that is devoted
exclusively to and for the Project. On-site construction shall also include the site of any batch
plant constructed exclusively and solely to supply materials to the Project.

2.2. This Agreement shall become effective upon all the following conditions being
met: (i) the Agreement is approved, in writing, by the Agency; (ii) the Agreement is approved
and signed by the Councils and participating Unions signing this Agreement, as set forth on the
signature addendum for signatory Unions; and (iii) the issuance by the Agency of a Notice to
Proceed for the Project Work. (the “Effective Date”).

2.3. It is understood and agreed by the Parties hereto that the final plan for the Project
may be subject to design changes and modifications or may be revised as a result of the approval
by those public agencies possessing lawful approval authority over the Project, and that this
Agreement applies to the Project and Project Work as finally approved by such entities and
agencies. It is further understood that nothing in this Agreement shall be construed as limiting the
discretion of the Agency to terminate, delay, suspend, cancel or reduce Project Work, in whole or
part, on this Project without recourse by the Councils or Unions.

2.4. The following work is excluded from the definition of Project Work under this
Agreement and, as such, the following applicable persons are not subject to the provisions of this
Agreement:

2.4.1. All employees of the Agency, design teams, or any consultants for the
Agency and their subconsultants; non-construction support services contracted by the Agency or
Contractor in connection with this Project; and work of non-manual employees, including, but
not limited to, superintendent, supervisors, professional engineers and licensed professional
engineers, commissioning engineers working on installed equipment, licensed architects, staff
engineers, except as set forth below for Inspectors, timekeepers, mail carriers, clerks, office
workers, messengers, guards, safety personnel, technicians, emergency medical and first aid
technicians, and other professional, engineering, administrative, supervisory, executive and
management employees not covered by the local Master Labor Agreement (“MLA”) of one of
the Unions. This Agreement shall include in the definition of Covered Work when covered by
the MLA detailing work for HVAC and plumbing/pipefitting (e.g. 3D BIM modeling and
mechanical computer aided drafted and/or hand detailing of shop and filed drawings used for
fabrication and/or erection). This Agreement shall also include the classifications of Surveyor
and Building/Construction Inspector and Field Soils and Material Testers (“Inspectors”) as
covered crafts under this Agreement. This inclusion applies to the scope of work defined in the
Master Labor Agreement for said crafts and shall also specifically include such work where it is
referred to by utilization of such terms as “quality control” or “quality assurance.” Every
surveyor and Inspector performing work under these classifications pursuant to a professional
service agreement or a construction contract shall be bound to all applicable requirements of this
High Desert Corridor 5 Community Workforce Agreement
Agreement. Project Work as defined by this Agreement, shall be performed pursuant to the
terms and conditions of this Agreement regardless of the manner in which the work was
awarded.

2.4.2. Any work performed on, near, or leading to the Project and undertaken by
state, county, city or other governmental bodies, or their contractors; or by utilities or their
contractors (for work for which is not within the scope of this Agreement).

2.4.3. All off-site maintenance of leased equipment and on-site supervision of

such work owned or controlled by the Agency.

2.4.4. Work on the Project performed as a result of a threat to life, limb or property
or other emergency or circumstances requiring immediate action, after a good faith effort has been
made to have a signatory Employer to this Agreement perform such work.

2.4.5. All off-site manufacturing, fabrication and handling of materials, equipment

or machinery; provided, however, that lay down or storage areas for equipment or material and
manufacturing (prefabrication) sites, dedicated solely to the Project or Project Work, and the
movement of materials or goods between locations on a Project site are within the scope of this
Agreement. Off-site fabrication work, if set forth in a Union’s MLA, shall be considered as
Covered Work under this Agreement;

2.4.6. It is recognized that certain equipment and systems of a highly technical and
specialized nature will have to be installed at the Project. The nature of the materials, equipment
and systems, together with requirements of manufacturer’s warranty, may dictate that it be
prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and
direction of the Owner’s and/or manufacturer’s personnel. The Unions agree to install such
material, equipment and systems without incident, or allow such installation to be performed by
the manufacturer’s employees or a contractor certified by the manufacturer where the Unions are
unable to perform such work or the warranty requires the work to be performed by the employees
of the manufacturer or a contractor certified by the manufacturer. If a warranty on the
manufacturer’s specialty or technical equipment or systems purchased by the Owner requires that
the installation of such specialty or technical equipment or system be performed by the
manufacturer’s own personnel, then such installation may be performed by the manufacturer’s
own personnel. If a warranty on the manufacturer’s specialty or technical equipment or systems
purchased by the Owner requires that the installation of such specialty or technical equipment or
system be performed by a contractor certified by the manufacturer, and there are no Union
signatory contractors certified by the manufacturer to install and/or perform such work, then such
installation may be performed by such certified contractor. The General Contractor shall notify
the Unions at the pre-job conference of the use of this provision and shall provide copies of the
written warranty that require that the work be performed by the manufacturer’s own personnel, or
a contractor certified by the manufacturer, to the affected Union. When the warranty does not
require installation by the manufacturer’s own personnel or a contractor certified by the
manufacturer, the Unions agree to perform and install such work under the supervision and
direction of the manufacturer’s representative. This does not apply to construction equipment
used for construction of the Project.
2.4.7. Off-site laboratory work for testing.

High Desert Corridor 6 Community Workforce Agreement

 2.4.8. Commissioning, programming, validation, integration and diagnostic work
of installed equipment for automated train controls including, but not limited to, traction, power,
communication and integrated elements.

ARTICLE 3
MANAGEMENT RIGHTS

3.1. The Employers retains the full and exclusive authority for the management of
their operations, as set forth in this Article, unless expressly limited or required by the other
Articles of this Agreement or an MLA. This includes, but is not limited to, the right to direct
their working force, including the promotion, transfer, layoff of its employees or the discipline or
discharge for just cause of its employees; the assignment and schedule of work, including
establishing working hours and starting times; the promulgation of reasonable Project Work rules
that are not inconsistent with this Agreement; and the requirement, timing, and number of
employees to be utilized for overtime work. No rules, customs, or practices that limit or restrict
productivity or efficiency of the individual shall be permitted or observed. As such, Practices,
rules and customs not a part of the terms and conditions of this Agreement will not be
recognized.

3.2. There shall be no limit on production by workmen or restrictions on the full use of
tools or equipment. Craftsmen using tools shall perform any of the work of the trades and shall
work under the direction of the craft foremen. There shall be no restrictions on efficient use of
manpower other than as may be required by safety regulations. The Employers may utilize the
most efficient methods or techniques of construction, tools or other labor-saving devices to
accomplish the Project Work.

3.3. The Employers shall be the sole judge of the number and classifications of
employees required to perform work subject to this Agreement and shall have the absolute right
to hire, promote, suspend, discharge or lay-off employees at their discretion and to reject any
applicant for employment.

3.4. Nothing in this Agreement shall be construed to limit the right of any of the
Employers to select the lowest bidder such Employer deems qualified for the award of contracts
or subcontracts or material or equipment purchase orders on the Project. The right of ultimate
selection remains solely with the Employers, subject to Section 4.2 of this Agreement.

3.5. It is recognized that certain equipment and systems of a highly technical and
specialized nature will have to be installed at the Project. The nature of the equipment and
systems, together with requirements of manufacturer’s warranty, may dictate that it be
prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and
direction of Owner’s and/or manufacturer’s personnel. The Unions agree to install such material,
equipment and systems without incident.

3.6. The selection of craft forepersons and/or general forepersons and the number of
craft persons and/or forepersons required shall be in the sole discretion of General Contractor and
Employers.
3.7. Employees covered by this Agreement shall at all times be bound by the
reasonable safety, security and visitor rules as established by the General Contractor and/or
High Desert Corridor 7 Community Workforce Agreement
Owner. Such rules will be posted in conspicuous places throughout Project Work sites. Any and
all security measures and access cards as required by the Owner or General Contractor will be
complied with by all Employers, Unions and employees.

ARTICLE 4
EFFECT OF OTHER AGREEMENTS

4.1. The provisions of this Agreement, including the Master Labor Agreements
(“MLAs”) for the Unions representing the construction craft employees performing, or who shall
perform, Project Work, as such may be changed from time-to-time and which are incorporated
herein by reference, shall apply to the work covered by this Agreement. This Agreement is not
intended to supersede the MLAs between any of the Employers performing construction work on
the Project and a Union signatory thereto except to the extent the provisions of this Agreement
are inconsistent with such MLAs, in which event the provisions of this Agreement shall apply.
However, such does not apply to work performed under the National Cooling Tower Agreement,
the National Stack Agreement, the National Transit Division Agreement (NTD), work within the
jurisdiction of the International Union of Elevator Constructors, and all instrument calibration
and loop checking work performed under the terms of the UA/IBEW Joint National Agreement
for Instrument and Control Systems Technicians, except that Articles dealing with Work
Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes, and Settlement of
Grievances and Disputes shall apply to such work. Where a subject is covered by the provisions
of a Master Labor Agreement and not covered by this Agreement, the provisions of the Master
Labor Agreement shall apply. It is specifically agreed that no later agreement shall be deemed to
have precedence over this Agreement unless signed by all Parties signatory hereto who are then
currently employed or represented at the Project. Any disputes concerning this Article shall be
resolved under the procedures of Article 9 of this Agreement.

4.2. General Contractor will require all Employers who are awarded or are performing
Project Work on the Project, to become signatory to this Agreement by signing the attached
Letter of Assent and will not allow any such Employers to work unless they become signatory to
this Agreement prior to beginning any Project Work. In addition to becoming signatory to this
Agreement and except as provided in section 4.2.A below, Employers will also be or become
party to the current Master Labor Agreement(s) with the Union(s) having traditional and
customary building trades craft jurisdiction over the work and representing the employees
employed or to become employed by such Employers, upon commencing Project Work, for this
Project only.

4.3. By accepting the award of a construction contract or entering into a contract to

perform any Project Work pursuant to a construction contract whether as a contractor or
subcontractor, each Employer, of whatever tier, agrees to sign the Letter of Assent as shown in
Attachment A and be bound by each and every provision of this Agreement. General
Contractor shall not allow any Employer to commence Project Work without having first
provided a copy of the Letter of Assent as executed by it to the appropriate Council within five
(5) days after the award of Project Work to that Employer.

4.4. This Agreement does not apply to employees or work of the Agency.

High Desert Corridor 8 Community Workforce Agreement

 ARTICLE 5
UNION RECOGNITION, REFERRAL, STEWARDS

5.1 Recognition: The Contractor recognizes the Council and the Unions as the
exclusive bargaining representative for the employees engaged in Project Work.

5.2 Contractor Selection of Employees: The Contractor shall have the right to
determine the competency of all employees, the number of employees required, the duties of
such employees within their craft jurisdiction, and shall have the sole responsibility for selecting
employees to be laid off, consistent with this Agreement and the MLAs. The Contractor shall
also have the right to reject any applicant referred by a Union for any reason, subject to any
reporting pay; provided, however, that such right is exercised in good faith and not for the
purpose of avoiding the Contractor’s commitment to employ qualified workers through the
procedures endorsed in this Agreement.

5.3 Referral Procedures

5.3.1 For signatory Unions now having a job referral system contained in a
Master Labor Agreements, the Contractor agrees to comply with such system and it shall be used
exclusively by such Contractor, except as modified by this Agreement. Such job referral system
will be operated in a nondiscriminatory manner and in full compliance with federal, state, and
local laws and regulations which require equal employment opportunities and non-
discrimination. All of the foregoing hiring procedures, including related practices affecting
apprenticeship, shall be operated so as to encourage employment of local residents and utilization
of small local businesses on the Project, and to facilitate the ability of all Contractors to meet
their employment needs.

5.3.2 The Unions will exert their best efforts to recruit and refer sufficient
numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including
specific employment obligations to which the Contractor may be legally and/or contractually
obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The
Unions will work with their affiliated regional and national unions, and jointly with others
designated by the Agency, to identify and refer competent craft persons as needed for Project
Work, and to identify and hire individuals, particularly residents of Los Angeles and San
Bernardino Counties, for entrance into joint labor/management apprenticeship programs, or to
participation in other identified programs and procedures to assist individuals in qualifying and
becoming eligible for such apprenticeship programs, all maintained to increase the available
supply of skilled craft personnel for Project Work and future construction of maintenance work
to be undertaken by the Regents.

5.3.3 The Union shall not knowingly refer an employee currently employed by a
Contractor on Project Work to any other Contractor.

5.4 Employment of Local Residents

5.4.1 The Unions and Employers agree that, to the extent allowed by law, and as
long as they possess the requisite skills and qualifications, the Unions will exert their best efforts
to refer and/or recruit sufficient numbers of qualified area residents, as well as other groups
High Desert Corridor 9 Community Workforce Agreement
identified in this paragraph, regardless of their place of residence, to fulfill the requirements of
the Employers. In recognition of the fact that the communities surrounding Project Work will be
impacted by the construction of the Project Work, the parties agree to support the hiring of
workers from the residents of these surrounding areas (“Local Residents”), as well as Veterans
and individuals who have successfully completed an apprenticeship readiness program utilizing
Building Trades multi-craft core curriculum (MC3), regardless of where they reside. Towards
that end, the Unions agree that they will exert their best efforts to encourage and provide referrals
and utilization of qualified workers:

(i) First, Local Residents residing in those first tier zip codes which
cover the Antelope Valley and High Desert Community of Victorville as set forth in Attachment
C, as well as Veterans, and MC3 Graduates, regardless of where they reside;

(ii) If the Unions cannot provide the Employers in the attainment of a

sufficient number of qualified workers from paragraph (i), above, the Unions will exert their best
efforts to then recruit and identify for referral qualified workers residing within the remaining zip
codes of Los Angeles and San Bernardino Counties, as set forth in Attachment C.

Qualified workers residing within any of these three (3) areas described above, as well as
Veterans and MC3 Graduates, regardless of where they reside, shall be referred to as “Local
Residents.”

5.4.2 A goal of 30% of all of the labor and craft positions shall be from Local
Residents described in 5.4.1, above. To facilitate the dispatch of Local Residents, all Contractors
will be required to utilize the Craft Employee Request Form whenever they are requesting the
referral of any employee from a Union referral list for any Project Work, a sample of which is
attached as Attachment B. When Local Residents are requested by the Contractors, the Unions
will refer such workers regardless of their place in the Unions’ hiring halls’ list and normal
referral procedures. Work performed by residents of states other than California shall not be
included in the calculation of the labor and craft positions for purposes of the percentage
requirements set forth above.

5.4.3 The Community Workforce Coordinator shall work with the Unions and
Contractors in the administration of this Local Resident preference; and the Contractors and
Unions shall cooperate by maintaining adequate records to demonstrate to the Community
Workforce Coordinator that such preferences have been pursued.

5.5 Core Employees

5.5.1 Except as otherwise provided in separate collective bargaining

agreement(s) to which the Contractor is signatory, Contractors may employ, as needed, first, a
member of its core workforce, then an employee through a referral from the appropriate Union
hiring hall, then a second core employee, then a second employee through the referral system,
and so on until a maximum of five (5) core employees are employed, thereafter, all additional
employees in the affected trade or craft shall be requisitioned from the craft hiring hall in
accordance with Section 5.3. In the laying off of employees, the number of core employees shall
not exceed one-half plus one of the workforce for an employer with ten (10) or fewer employees,
assuming the remaining employees are qualified to undertake the work available. This provision
High Desert Corridor 10 Community Workforce Agreement
applies only to Contractors who are not directly signatory to a current Master Labor Agreement
for the craft worker in its employ and is not intended to limit the transfer provisions of the Master
Labor Agreement of any trade. As part of this process, and in order to facilitate the contract
administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors
shall require their core employees and any other persons employed other than through the referral
process, to register with the appropriate Union hiring hall, if any, prior to their first day of
employment at a project site.

5.5.2 The core work force is comprised of those employees whose names
appeared on the Contractor’s active payroll for sixty (60) of the one hundred (100) working days
immediately before award of Project Work to the Contractor; who possess any license required
by state or federal law for the Project Work to be performed; who have the ability to safely
perform the basic functions of the applicable trade; have worked a total of at least two thousand
(2,000) hours in the specific construction craft during the prior four (4) years.

5.5.3 Prior to each Contractor performing any work on the Project, each
Contractor shall provide a list of his core employees to the Community Workforce Coordinator
and the Council. Failure to do so will prohibit the Contractor from using any core employees.
Upon request by any Party to this Agreement, the Contractor hiring any core employee shall
provide satisfactory proof (i.e., payroll records, quarterly tax records, driver’s license, and such
other documentation) evidencing the core employee’s qualification as a core employee to the
Community Workforce Coordinator and the Council.

5.6 Time for Referral: If any Union’s registration and referral system does not fulfill
the requirements for specific classifications requested by any Contractor within forty-eight (48)
hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources
other than the Union registration and referral services, and may employ applicants meeting such
standards from any other available source. The Contractors shall inform the Union of any
applicants hired from other sources within forty-eight (48) hours of such applicant being hired,
and such applicants shall register with the appropriate hiring hall, if any.

5.7 Lack of Referral Procedure: If a signatory Union does not have a job referral
system as set forth in Section 5.3 above, the Contractors shall give the Union equal opportunity
to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in
Section 5.4.

5.8 Union Membership: Employees are not required to become or remain union
members or pay dues or fees as a condition of performing Covered Work under this Agreement.
Employers shall make and transmit all deductions for union dues, fees, and assessments that have
been authorized by employees in writing in accordance with the applicable Master Agreement.
Nothing in this Section 5.8 is intended to supersede independent requirements of applicable
Master Agreements as to those Employers otherwise signatory to such Master Agreements and as
to the employees of those Employers who are performing Covered Work.

5.9 Individual Seniority: Except as provided in Section 5.14, individual seniority

shall not be recognized or applied to employees working on the Project; provided, however, that
group and/or classification seniority in a Union’s Master Labor Agreement as of the effective
date of this Agreement shall he recognized for purposes of layoffs.
High Desert Corridor 11 Community Workforce Agreement
 5.10 Foremen: The selection and number of craft foreman and/or general foreman
shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the
designated Contractor representatives. Craft foreman shall be designated as working foreman at
the request of the Contractors.

5.11 Skilled and Trained Workforce: Each Contractor performing work on a Covered
Project that was procured by the Agency through an alternative project delivery methodology, as
authorized by California Public Contract Code sections 21568 et seq. or sections 22170 et seq. is
required to utilize a skilled and trained workforce, as defined in California Public Contract Code
section 2602. The Parties shall utilize the grievance procedures set forth in Article 9 of this
CWA to resolve any disputes regarding skilled and trained workforce requirements. To the
maximum extent permissible under state law and regulation, Contractors and the Agency shall be
relieved of reporting and enforcement obligations and systems described in California Public
Contract Code sections 2602 and 2603, and Contractors’ requirement to utilize a skilled and
trained workforce shall instead be monitored and enforced by Parties through provisions of this
CWA.

5.12. Authorized representatives of the Union(s) shall have access to the Project
provided that they do not unduly interfere with the work of the craft employees and further
provided that such representatives fully comply with established Project and Safety rules.

5.13. Each Union shall have the right to designate a working craft employee as steward
for each Employer employing such craft on the Project and shall notify, in writing, the General
Contractor and Employer of such designation. Such designated steward shall be a qualified
workman assigned to a crew and shall perform the work of that craft. The steward shall not
perform supervisory duties. Under no circumstances shall there be nonworking stewards.
Stewards shall be permitted a reasonable amount of time during working hours to perform
applicable union duties.

5.14 Steward Layoff/Discharge: The relevant Contractor agrees to notify the

appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of
disciplinary discharge for just cause. If the steward is protected against such layoff by the
provisions of the applicable Master Labor Agreement, such provisions shall be recognized when
the steward possesses the necessary qualifications to perform the remaining work. In any case in
which the steward is discharged or disciplined for just cause, the appropriate Union will be
notified immediately by the Contractor, and such discharge or discipline shall not become final
(subject to any later filed grievance) until twenty-four (24) hours after such notice has been
given.

ARTICLE 6
HELMETS TO HARDHATS

6.1. The Employers and the Unions 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 employers and Unions agree to utilize the services of the Center for
Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the
Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation,
assessment of construction aptitude, referral to apprenticeship programs or hiring halls,
High Desert Corridor 12 Community Workforce Agreement
counseling and mentoring, support network, employment opportunities and other needs as
identified by the Parties. For purposes of this Agreement, the term “Eligible Veteran” shall have
the same meaning as the term “veteran” as defined under Title 5, Section 2108(1) of the United
States Code as the same may be amended or re-codified from time to time. It shall be the
responsibility of each qualified local resident to provide the Unions with proof of their residency
or status as an Eligible Veteran.

6.2 The Unions and Employers 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 this Project. To the extent permitted by law,
the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE 7
CONTINUITY OF THE WORK

7.1. The principal purpose of this Agreement is that it provides the Employers, Unions,
and the Agency with the assurance that there will be no strike, sympathy strike, picketing,
lockout, slowdown, withholding of work, refusal to work, walk-off, sick-out, sit-down, stand-in,
wobble, boycott, other work stoppage or other labor action of any kind for any reason for the
duration of this Agreement. It is agreed, therefore, as follows:

7.2. During the existence of this Agreement, there shall be no strike, sympathy strike,
picketing, slowdown, withholding of work, withholding of labor, refusal to work, walk-off, sit-
down, stand-in, wobble, boycott, work stoppage, hand billing, or other labor action, concerted or
otherwise, of any kind for any reason, and there shall be no lockout by the Employers. There
shall be no disruptive activity, concerted or otherwise, or union employee activity that stops,
disrupts or interferes with the Project Work or the free flow of traffic to or in the area of the
Project. The Councils and Unions shall use their best efforts to comply with this Section and to
provide for the uninterrupted construction and the free flow of traffic in the Project area and for
the Project Work for the duration of this Agreement. The Employers may discharge any
employee violating this Article 7 and any such employee will not be eligible thereafter for
referral for work on the Project or as may be determined by an arbitrator. Such discharge shall
be subject to the grievance and arbitration clause set forth in Article 10.

7.3. No picket lines or other actions of the type described in section 7.2 will be
established at the Project by any of the Unions. The Unions agree that they will not sanction in
any way any picket line, organized or endorsed and will affirmatively take all measures
necessary to effectively induce its members to cross the picket line and report for work as
scheduled and that responsible representatives of the Unions who are employed on the Project
will also do so themselves. The failure of any employee covered by the terms and provisions of
this Agreement to cross any picket line at the Project Site established by any organization is a
violation of this Article.

7.4. Notwithstanding the provisions of Section 7.2, it is agreed that the particular
Union involved retains the right to withhold the services of its members (but not a right to picket)
from a particular Employer who fails to make timely payments to the Unions’ Health & Welfare,
Pension, Vacation and Holiday, Apprentice and Training, or Industry Funds in accordance with
the provisions of that particular Employer’s current Master Labor Agreement with the particular
High Desert Corridor 13 Community Workforce Agreement
Union or who fails to timely pay its weekly payroll. However, prior to withholding its members’
services on account of a failure to make timely payments to the Unions’ Health & Welfare,
Pension, Vacation and Holiday, Apprentice and Training, or Industry Funds, the Union involved
will give ten (10) calendar days written notice of such failure to pay by registered or certified
mail, return receipt requested, to the involved Employer and to General Contractor.
Representatives of the parties to the dispute will meet within the following ten-day period to
attempt to resolve the dispute.

7.5. It is specifically agreed that there shall be no strike, sympathy strike, picketing,
lockout, slowdown, withholding of work, withholding of labor, refusal to work, walk-off, sick-
out, sit-down, stand-in, wobble, boycott or other work stoppage, hand billing, or other labor
action of any kind as a result of the expiration of any local, regional or other applicable labor
agreement having application at the Project and/or failure of the parties to that agreement to
reach a new contract. In the event that such a local, regional, or other applicable labor agreement
does expire and the parties to that agreement have failed to reach agreement on a new contract,
work will continue on the Project on one of the following two bases, both of which will be
offered by the Union(s) involved to and the Employers affected:

7.5.1. Each of the Union(s) with a contract expiring must offer to continue
working on the Project under interim agreements that retain all the terms of the expiring contact,
except that the Union(s) involved in such expiring contract(s) may each propose wage rates and
employer contribution rates to employee benefit funds under the prior contract different from
what those wage rates and employer contributions rates were under the expiring contract(s). Said
interim agreement(s) would be superseded by any subsequently reached industry agreement(s) as
of the date the industry agreement is reached. The terms of the Union’s interim agreement
offered to General Contractor and the Employers will be no less favorable than the terms offered
by the Union to any other employer or group of employers covering commercial construction
work in the same area; and

7.5.2. Each of the Union(s) with a contract expiring must offer to continue working
on the Project under all the terms of the expiring contract, including the wage rates and employer
contribution rates to the employee benefit funds, if the Employer(s) affected by that contract agree
to the following retroactivity provision: if a new local, regional or other applicable labor agreement
for the industry having application at the Project is ratified and signed during the term of this
Agreement and if such new labor agreement provides for retroactive wage increases, then each
affected Employer shall pay to its employees who performed work covered by this Agreement at
the Project during the hiatus between the effective dates of such labor agreements, an amount equal
to any such retroactive wage increase established by such new labor agreement, retroactive to
whatever date is provided by the new local, regional or other applicable agreement for such
increase to go into effect, for each employee’s hours worked on the Project during the retroactivity
period. All parties agree that such affected Employer shall be solely responsible for any retroactive
payments to its employees and that neither General Contractor nor the Owner has any obligation,
responsibility or liability whatsoever for any such retroactive payments or collection of any such
retroactive payments from any other employer.

7.5.3. Some Employers may elect to continue to work on the Project under the
terms of the interim agreement option offered under section 7.5.1., above and other Employers
may elect to continue to work on the Project under the retroactivity option offered under section
High Desert Corridor 14 Community Workforce Agreement
7.5.2., above. To decide between the two options, Employers will be given one week after the
particular labor agreement has expired or one week after the Union has personally delivered to the
Employer, in writing, its specific offer of terms of the interim agreement pursuant to section
7.5.1., above, whichever is the later date. If the Employer fails to timely select one of the two
options, the Employer shall be deemed to have selected the option of section 7.5.2., above.

7.6. The General Contractor, Employers or Unions alleging a violation of Sections 7.1,
7.2, 7.3 or 7.5 may invoke and utilize the Expedited Arbitration procedure at Article 10.

ARTICLE 8
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

8.1. The assignment of work will be solely the responsibility of the Employer
performing the work involved, and such work assignments will be in accordance with the Plan
for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any
successor Plan.

8.2. All jurisdictional disputes between or among Building and Construction Trades
Unions and Employers shall be settled and adjusted according to the present Plan established by
the Building and Construction Trades Department or any other plan or method of procedure that
may be adopted in the future by the North American Building Trades Unions. Decisions
rendered shall be final, binding and conclusive on the Employers and Unions.

8.2.1. If a jurisdictional dispute arising under this Article involves the Western
States Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be
chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of
John Kagel, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall
be held at the offices of the Council within 14 days of the selection of the Arbitrator. All other
procedures shall be as specified in the Plan.

8.3. All jurisdictional disputes shall be resolved without the occurrence of any strike,
sympathy strike, picketing, lockout, slowdown, withholding of work, withholding of labor,
refusal to work, walk-off, sick-out, sit-down, stand-in, wobble, boycott or other work stoppage,
hand billing, or other labor action of any nature and the Employer’s assignment shall be adhered
to until the dispute is resolved. Pending the resolution of the dispute, the Project Work shall
continue uninterrupted and as assigned by General Contractor or Employer. Individuals violating
this section shall be subject to immediate discharge.

ARTICLE 9
GRIEVANCE AND ARBITRATION PROCEDURE

9.1. The Parties hereby agree that all disputes or grievances, including questions,
disputes or claims arising out of, or involving the interpretation or application of this Agreement,
between Employers and Unions, other than disputes arising from any strike, picketing,
slowdown, lockout or other work stoppages of any kind under Article 7 or any trade
jurisdictional disputes under Article 8, shall be handled in accordance with the following
procedures:

High Desert Corridor 15 Community Workforce Agreement

 9.2. Step 1. If there is a dispute or grievance involving one of the Employers, the
business representative of the local union involved shall first attempt to settle the matter by oral
discussion with the particular employer’s project superintendent or project manager no later than
ten (10) working days after the occurrence first giving rise to the dispute or grievance. If the
matter is not resolved with the superintendent or project manager within ten (10) working days
after the oral discussion with the superintendent or project manager, the dispute or grievance
shall be reduced to writing by the grieving union and promptly provided to the subject Employer
and General Contractor. Grievances and disputes settled at Step 1 are non-precedential except as
to the specific Union, employee and Employer directly involved.

9.3.Step 2. If the matter is not resolved in step 1, above, the written grievance shall be
given to the particular Employer involved, to the General Contractor and to the business
representative of the local union involved no later than ten (10) working days after the oral
discussion set forth above for Step 1, and the business representative of the local union involved
shall refer the matter to his Business Manager. The Business Manager, or his designee, shall
meet with responsible representative(s) of the particular Employer involved in the grievance,
General Contractor and respective Council, who shall attempt to settle the matter. This shall be
referred to as Step 2 of the Grievance and Arbitration Procedure.

9.4. In the event a dispute cannot be satisfactorily resolved within the time limits
established above in Step 2, any of the Step 2 participating parties may submit the dispute to
arbitration by written notice to the other party of their intent to submit the dispute to arbitration
within ten (10) business days (or such longer time as mutually agreed) of the date on which the
parties met for the Step 2 meeting. An arbitrator shall be selected by the parties to the grievance
from the following list of permanent arbitrators: (1) Najeeb Khoury, (2) Sara Adler, (3) Andrea
Dooley, (4) David Weinberg, and (5) Chris Cameron. The grieving party shall strike one of the
arbitrators from the list, and the responding party shall strike the next arbitrator from the list,
until one arbitrator is left, who shall hear the case. The arbitrator’s decision shall be final and
binding upon the parties. The arbitrator shall not have the authority to alter, amend, add to, or
delete from the provisions of this Agreement in any way. The failure of any party to attend said
hearing shall not delay the hearing of evidence or the issuance of any decision by the arbitrator.
The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the parties
(i.e. conference room, court reporter, etc.) in arbitration, shall be divided equally by the parties to
the arbitration proceeding.

9.5. Procedures contained in Article 9 shall not be applicable to any alleged violation
of Articles 7 or 8.

ARTICLE 10
EXPEDITED ARBITRATION

10.1. In lieu of, or in addition to, any other action at law or equity, which is also
available, any party may institute the following procedure when a breach or violation of Sections
7.1, 7.2, 7.3, 7.5 or 8.3 is alleged:

10.2. The party invoking this procedure shall notify Najeeb Khoury who the parties agree
shall be the permanent Arbitrator under this procedure. In the event that Najeeb Khoury is not
available for a hearing within 24 hours, he shall appoint his alternate to hear the matter. Notice to
High Desert Corridor 16 Community Workforce Agreement
the Arbitrator shall be by the most expeditious means available, including telephone, with notice
by e-mail, facsimile, overnight or telegram to the party alleged to be in violation.

10.3. Upon receipt of said notice, the Arbitrator named above, or his alternate, shall set
and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists.

10.4. All notices pursuant to this Article may be provided by telephone, hand delivery, or
email, confirmed by overnight delivery, to the Arbitrator, General Contractor, Employer,
Councils and Union involved. The hearing may be held on any day including Saturdays or
Sundays. The hearing shall be completed in one session, which shall not exceed 8 hours duration
(not more than 4 hours being allowed to either side to present their case and conduct their cross-
examination) unless otherwise agreed. A failure of any Council, Union, Employer or General
Contractor to attend the hearing shall not delay the hearing of evidence by those present or the
issuance of an award by the Arbitrator. The Arbitrator shall notify the parties by telephone and
facsimile of the place and time he has chosen for this hearing.

10.5. The sole issue at the hearing shall be whether or not a violation of Sections 7.1,
7.2, 7.3, 7.5 or 8.3 (or any of them) has in fact occurred and the Arbitrator shall have no
authority to consider any matter in justification, explanation or mitigation of such violation or
to award damages, which issue is reserved for court proceedings, if any. The Award shall be
issued in writing within three (3) hours after the close of the hearing and may be issued without
an Opinion. If any party desires an Opinion, one shall be issued within fifteen (15) days after it
is requested, but its issuance shall not delay compliance with, or enforcement, of the Award. If
the Arbitrator finds that a violation of Sections 7.1, 7.2, 7.3, 7.5 or 8.3 (or any of them) has
occurred, then the Arbitrator in his written Award shall order cessation of the violation and a
return to work and other appropriate relief, and such Award shall be served on all parties by
email. The Award will be final and binding on all parties to this Agreement.

10.6. Such Award may be enforced by any court of competent jurisdiction upon the filing
of this Agreement and all other relevant documents referred to herein above in the following
manner. Email notice of the filing of such enforcement proceedings shall be given to the other
party. In the proceeding to obtain a temporary order enforcing the Arbitrator’s Award as issued
under Section 10.5 of this Article, all parties waive the right to hearing and agree that such
proceedings may be ex parte with at least 24 hours’ notice of the time and place of such
proceeding. Such agreement does not waive any party’s right to participate in a hearing for a
final order of enforcement. The Court’s order or orders enforcing the Arbitrator’s Award shall
be served on all parties by hand or by delivery to their last known address or by registered mail.

10.7. The fees and expenses of the Arbitrator shall be divided equally between the
moving party or parties and the party or parties’ respondent unless determined otherwise by the
arbitrator.

10.8. The procedures contained in this Article shall be applicable to alleged violations of
Sections 7.1, 7.2, 7.3, 7.5 or 8.3. Disputes alleging violation of any other provision of this
Agreement, including any underlying disputes alleged to be in justification, explanation or
mitigation of any violation of Sections 7.1, 7.2, 7.3, 7.5 or 8.3, shall be resolved under the
grievance adjudication procedures of Article 9.

High Desert Corridor 17 Community Workforce Agreement

 ARTICLE 11
SAFETY

11.1. All Federal and State safety rules, regulations, orders, and decisions shall be
binding upon the Employers, employees and Unions and shall be applied to all work covered by
this Agreement.

11.2. It will not be a violation of this Agreement, when an Employer considers it

necessary to shut down to avoid the possible loss of human life, or because of an emergency
situation that could endanger the life and safety of an employee. In such cases, employees will
be compensated only for the actual time worked. In the case of a situation described above
whereby the Employer requests employees to stand by, the employees will be compensated for
the “stand by time” provided their respective MLA or other labor agreement provides for the
payment of “stand by time” in such circumstances.

11.3. The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol
and/or firearms while performing work on the Project site are prohibited. The parties agree that
all Employers will utilize the Council’s Approved Drug and Alcohol Testing Policy, a copy of
which is attached hereto as Attachment D. All Unions agree to comply with the requirements of
the applicable program for the employees which they represent.

ARTICLE 12
GENERAL SAVING CLAUSE

12.1. It is not the intention of the Parties hereto to violate the laws governing the subject
matter of this Agreement. The parties hereto agree that in the event any provisions of this
Agreement are finally held or determined to be illegal or void as being in contravention of any
applicable law, the remainder of this Agreement shall remain in force and effect unless the part
found to be illegal or void is wholly inseparable from the remaining portions of this Agreement.

12.2. Further, all Parties agree that if and when any or all provisions of this Agreement
are finally held or determined to be illegal or void by a court of competent jurisdiction, an effort
will be made to then promptly enter into negotiations concerning the substance affected by such
decision for the purpose of achieving conformity with the requirements of any applicable law
and the intent of the Parties hereto.

ARTICLE 13
NON-DISCRIMINATION

13.1. The Unions represent that their respective Union hiring halls and referral systems
are and will continue to be operated in a non-discriminatory manner and in full compliance with
all applicable federal, state and local laws and regulations as applicable to the Project.

13.2. The General Contractor, Employers, Councils and Unions agree that they will not
discriminate against any employee or applicant for employment because of race, color, religion,
sex, sexual orientation, national origin, marital status, age or any other status protected by
applicable law, in any manner prohibited by applicable law or regulations.

High Desert Corridor 18 Community Workforce Agreement

 ARTICLE 14
PRE-JOB CONFERENCE

14.1. General Contractor will conduct a pre-job conference with the Unions not later than
fourteen (14) calendar days prior to commencing work for each stage of the Project and shall notify
the Council and all Employers of all tiers, who shall participate in such conferences, ten (10) days
in advance of all such conferences. The purpose of the conference will be to, among other things,
determine craft manpower needs, schedule of work for the contract and project work rules/owner
rules. All work assignments shall be disclosed by all Employers at a pre-job conference. Should
there be Project Work that was not discussed at the pre-job conference, or additional project work
be added, the Employers performing such work will conduct a separate pre-job conference for such
work. Any Union in disagreement with the proposed assignment shall notify the Employer of its
position in writing within seven (7) calendar days thereafter. Within seven (7) calendar days after
the period allowed for Union notices of disagreement with the Employer’s proposed assignments,
but prior to the commencement of any work, the Employer shall make final assignments in writing
with copies to the Council and the involved Union.

ARTICLE 15
LABOR/MANAGEMENT COOPERATION

15.1 Joint Committee: The Parties to this Agreement may establish a six (6) person Joint
Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives
selected by the Regents and three (3) representatives selected by the Council to monitor compliance
with the terms and conditions of this Agreement. Each representative shall designate an alternate
who shall serve in his or her absence for any purpose contemplated by this Agreement.

15.2 Functions of Joint Committee: The Committee shall meet on a schedule to be

determined by the Committee or at the call of the joint chairs, to discuss the administration of the
Agreement, the progress of the Project, general labor management problems that may arise, and
any other matters consistent with this Agreement. Substantive grievances under Article 9 shall not
be reviewed or discussed by this Committee, but shall be processed pursuant to the provisions of
that Article. The Community Workforce Coordinator shall be responsible for the scheduling of the
meetings, the preparation of the agenda topics for the meetings, with input from the Unions the
Contractors and the Regents. Notice of the date, time and place of meetings, shall be given to the
Committee members at least three (3) days prior to the meeting. The Agency should be notified of
the meetings and invited to send a representative(s) to participate. The Community Workforce
Coordinator shall prepare quarterly reports on apprentice utilization and the training and
employment of Regents residents, and a schedule of Project Work and estimated number of craft
workers needed. The Committee or an appropriate subcommittee, may review such reports and
make any recommendations for improvement, if necessary, including increasing the availability of
skilled trades, and the employment of local residents or other individuals who should be assisted
with appropriate training to qualify for apprenticeship programs.

15.3 Subcommittees: The Committee may form subcommittees to consider and advise
the full Committee with regard to safety and health issues affecting the Project and other similar
issues affecting the overall Project, including any workers’ compensation program initiated under
this Agreement.

High Desert Corridor 19 Community Workforce Agreement

 ARTICLE 16
TRAVEL AND SUBSISTENCE

16.1. Travel expenses, travel time, subsistence allowances, zone rates and parking
reimbursements shall be paid in accordance with the applicable MLA unless superseded by the
applicable prevailing wage determination.

ARTICLE 17
PROJECT SUPPORT

17.1. The Councils and the Unions expressly acknowledge their support for the Project.
The Unions and the Councils shall, upon request by the Agency or its representatives, provide
active and public support for the Project, including but not limited to, submitting letters of
support regarding the Project, encouraging its members to attend public hearings, and speaking
in support of the Project at public hearings. The Unions and the Council shall not take any
action, written or otherwise, in opposition to the Project.

ARTICLE 18
ENTIRE UNDERSTANDING

18.1. The Parties agree that the total results of their bargaining are embodied in this
Agreement and neither party is required to render any performance not set forth in this
Agreement, or to bargain during the term of this Agreement about any matters unless required to
do so by the terms of this Agreement. This Agreement may be amended only by written
agreement signed by the Parties. The use of the masculine or feminine gender in this Agreement
shall be construed as including both genders.

ARTICLE 19
AMENDMENTS AND COUNTERPARTS

19.1 The provisions of this Agreement can be renegotiated, supplemented, rescinded or

otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating
Parties hereto.

19.2 This Agreement may be executed in any number of counterparts and any party
hereto may execute any such counterpart, each of which when executed and delivered shall be
deemed to be an original, and all of which counterparts taken together shall constitute but one
and the same instrument. Any signatures delivered by a party by electronic transmission shall
be deemed an original signature hereto.

ARTICLE 20
WAGES AND BENEFITS

20.1 Wages: All employees covered by this Agreement shall be classified in

accordance with work performed and paid by the Contractors the hourly wage rates for those
classifications in compliance with the applicable prevailing wage rate determination established
pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that
rate as of its effective date under the law. Notwithstanding any other provision of this
High Desert Corridor 20 Community Workforce Agreement
Agreement, this Agreement does not relieve Contractors directly signatory to one or more of the
Master Labor Agreements from paying all wages set forth in such Agreements.

20.2 Benefits

20.2.1 Contractors shall pay contributions to the established employee

benefit funds in the amounts designated in the appropriate Master Labor Agreement and make all
employee authorized deductions in the amounts designated in the appropriate Master Labor
Agreement; provided, however, that such contributions shall not exceed the contribution amounts
set forth in the applicable prevailing wage determination. Notwithstanding any other provision
of this Agreement, Contractors directly signatory to one or more of the Master Labor Agreements
are required to make all contributions set forth in those Master Labor Agreements without
reference to the forgoing. Bona fide benefit plans with joint trustees or authorized employee
deduction programs established or negotiated under the applicable Master Labor Agreement or
by the Parties to this Agreement during the life of this Agreement may be added.

20.2.2 The Contractor adopts and agrees to be bound by the written terms
of the applicable, legally established, trust agreement(s) specifying the detailed basis on which
payments are to be made into, and benefits paid out of, such trust funds for its employees. The
Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to
administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by
the Contractor.

20.2.3 Each Contractor and subcontractor is required to certify to the

Community Workforce Coordinator that it has paid all benefit contributions due and owing to the
appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, upon
timely notification by a Union to the Community Workforce Coordinator, the Community
Workforce Coordinator shall work with any prime Contractor or subcontractor who is delinquent
in payments to assure that proper benefit contributions are made, to the extent of requesting the
Regents or the prime Contractor to withhold payments otherwise due such Contractor, until such
contributions have been made or otherwise guaranteed.

20.3 Wage premiums, including but not limited to pay based on height of work, hazard
pay, scaffold pay and special skills shall not be applicable to work under this Agreement, except
to the extent provided for in any applicable prevailing wage determination.

20.4 Compliance with Prevailing Wage Laws: The Parties agree that the Community
Workforce Coordinator shall monitor the compliance by all Contractors and subcontractors with
all applicable federal and state prevailing wage laws and regulations, and that such monitoring
shall include Contractors engaged in what would otherwise be Project Work but for the
exceptions to Agreement coverage in Section 2.4. All complaints regarding possible prevailing
wage violations shall be referred to the Community Workforce Coordinator for processing,
investigation and resolution, and if not resolved within thirty (30) calendar days, may be referred
by any party to the state labor commissioner.

20.5 Withholding of services for failure to pay wages and fringe benefits:
Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of

High Desert Corridor 21 Community Workforce Agreement

this Agreement for any Union to withhold the services of its members (but not the right to picket)
from a particular Contractor who:

20.5.1 fails to timely pay its weekly payroll; or

20.5.2 fails to make timely payments to the Union’s Joint

Labor/Management Trust Funds in accordance with the provisions of the applicable Master
Labor Agreements. Prior to withholding its members’ services for the Contractor’s failure to
make timely payments to the Union’s Joint Labor/Management Trust Funds, the Union shall give
at least ten (10) days (unless a lesser period of time is provided in the Union’s Master Labor
Agreement, but in no event less than forty-eight (48) hours) written notice of such failure to pay
by registered or certified mail, return receipt requested, and by email transmission to the involved
Contractor and the Agency. Union will meet within the ten (10) day period to attempt to resolve
the dispute.

20.5.3 Upon the payment of the delinquent Contractor of all monies due
and then owing for wages and/or fringe benefit contributions, the Union shall direct its members
to return to work and the Contractor shall return all such members back to work.

ARTICLE 21
APPRENTICES

21.1 Importance of Training: The Parties recognize the need to maintain continuing
support of the programs designed to develop adequate numbers of competent workers in the
construction industry, the obligation to capitalize on the availability of the local work force in the
area near the Project Site, and the opportunities to provide continuing work under the
construction program. To these ends, the Parties will facilitate, encourage, and assist local
residents to commence and progress in Labor/Management Apprenticeship and/or training
Programs in the construction industry leading to participation in such apprenticeship programs.
The Agency, the Community Workforce Coordinator, other Agency consultants, and the Council,
will work cooperatively to identify, or establish and maintain, effective programs and procedures
for persons interested in entering the construction industry and which will help prepare them for
the formal joint labor/management apprenticeship programs maintained by the signatory Unions.

21.2 Use of Apprentices:

21.2.1 Apprentices used on Projects under this Agreement shall be registered in

Joint Labor Management Apprenticeship Programs approved by the State of California.
Apprentices may comprise up to thirty percent (30%) of each craft’s work force at any time,
unless the standards of the applicable joint apprenticeship committee confirmed by the Division
of Apprenticeship Standards (“DAS”), establish a lower or higher maximum percentage, and
where such is the case, the applicable Union should use its best efforts with the Joint Labor
Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent
(30%) apprentices on the Project.

21.2.2 The Unions agree to cooperate with the Contractor in furnishing

apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall
be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to
High Desert Corridor 22 Community Workforce Agreement
 CALIFORNIA STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL
OF CALIFORNIA

Dated:

_________________________________________
Chris Hannan, President

LOS ANGELES/ORANGE COUNTIES SAN BERNARDINO-RIVERSIDE

BUILDING & CONSTRUCTION TRADES BUILDING AND CONSTRUCTION
COUNCIL TRADES COUNCIL

Dated:_______________________ Dated: ___________________________

By: ________________________ By: ______________________________

Ernesto Medrano, Executive Secretary Slaughter Bradley, Executive Secretary-
Business Manager

High Desert Corridor 24 Community Workforce Agreement

 LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES
COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS

Asbestos Heat & Frost Insulators (Local 5) ______________________________

Boilermakers (Local 92) ______________________________
Bricklayers & Allied Craftworkers (Local 4) ______________________________
Cement Masons (Local 600) ______________________________
Electricians (Local 11) ______________________________
Elevator Constructors (Local 18) _____________________________
Gunite Workers (Local 345) ______________________________
Iron Workers (Reinforced – Local 416) ______________________________
Iron Workers (Structural – Local 433) ______________________________
District Council of Laborers ______________________________
Laborers (Local 300) ______________________________
Operating Engineers (Local 12) ______________________________
Operating Engineers (Local 12) ______________________________
Operating Engineers (Local 12) ______________________________
Painters & Allied Trades DC 36 ______________________________
Pipe Trades (Local 250) ______________________________
Pipe Trades (Local 345) ______________________________
Pipe Trades (Plumbers Local 761) ______________________________
Pipe Trades (Road Sprinkler Fitters Local 669) _____________________________
Plasterers (Local 200) ______________________________
Plaster Tenders Local (1414) ______________________________
Roofers & Waterproofers (Local 36) ______________________________
Sheet Metal Workers (Local 105) _____________________________
Sprinkler Fitters Local 709 ______________________________
Teamsters (Local 986) ______________________________
Western States Regional Council of
Carpenters ______________________________

High Desert Corridor 25 Community Workforce Agreement

SAN BERNARDINO-RIVERSIDE BUILDING AND CONSTRUCTION TRADES COUNCIL
CRAFT UNIONS AND DISTRICT COUNCILS

Asbestos Heat & Frost Insulators (Local 5) _________________________

Boilermakers (Local 92) _________________________
Bricklayers & Allied Craftworkers (Local 4) _________________________
Cement Masons (Local 500) _________________________
Electricians (Local 477) _________________________
Elevator Constructors (Local 18) _________________________
Gunite Workers (Local 345) _________________________
Iron Workers (Reinforced – Local 416) _________________________
Iron Workers (Structural – Local 433) _________________________
District Council of Laborers _________________________
Laborers (Local 1184) _________________________
Operating Engineers (Local 12) _________________________
Operating Engineers (Local 12) _________________________
Operating Engineers (Local 12) _________________________
Painters & Allied Trades DC 36 _________________________
Pipe Trades (Local 250) _________________________
Pipe Trades (Local 345) _________________________
Pipe Trades (Plumbers Local 364 _________________________
Pipe Trades (Sprinkler Fitters Local 709) _________________________
Plasterers (Local 200) _________________________
Plaster Tenders (Local 1414) _________________________
Roofers & Waterproofers (Local 220) _________________________
Sheet Metal Workers (Local 105) _________________________
Teamsters (Local 166) _________________________
Western States Regional Council of Carpenters _________________________

High Desert Corridor 26 Community Workforce Agreement

 ATTACHMENT A
LETTER OF ASSENT

To be signed by all Employers awarded Project Work

[Employer’s Letterhead]

HIGH DESERT CORRIDOR JOINT POWERS AGENCY

611 Wilshire Blvd, 9th Floor
Los Angeles, CA 90017
Attn:

Re:Community Workforce Agreement for the High Desert Corridor Project - Letter of
Assent

To whom it may concern:

This is to confirm that [name of company] agrees to be party to and bound by Community
Workforce Agreement for all work to be performed on the High Desert Corridor Project,
effective April _____, 2024, as such Agreement may, from time to time, be amended by the
negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and
bound by this Agreement shall extend to all work covered by the Agreement undertaken by
this Company on the project and this Company shall require all of its contractors and
subcontractors of whatever tier to be similarly bound for all work within the scope of the
Agreement by signing and furnishing to you an identical Letter of Assent prior to their
commencement of work.

Sincerely,

[Name of Construction Company]

By: [ ____________________ ] Name and Title of Authorized Executive

Contractor’s State License No:

[Copies of this letter must be submitted to the Council per Section 4.3]

High Desert Corridor 27 Community Workforce Agreement

 ATTACHMENT B

HIGH DESERT CORRIDOR

CRAFT REQUEST FORM

TO THE CONTRACTOR: Please complete and submit this form to the applicable union to request craft workers that
fulfill the hiring requirements for this project. After faxing your request, please call the Union to verify receipt and
substantiate their capacity to furnish workers as specified below. Please keep copies for your records.

The High Desert Corridor Community Workforce Agreement establishes a goal that 30% of all of the labor and
craft positions shall be from Veterans and individuals who have successfully completed the Building Trades
Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified area
residents residing: first, in those first tier zip codes which encompass the Antelope Valley and Victorville, and
second, the remainder of the zip codes for the Counties of Los Angeles and San Bernardino. For dispatch
purposes, employees described herein shall be referred to as “Local Residents.”

TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to
the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY

To: Union Local # _________________ Fax# ( ) Date: _______________________

Cc: CWA Administrator
From: Company: ______________________________________ Issued By: ______________________________
Contact Phone :( ) Contact Fax: ( )

PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Number
Craft Classification Journeyman Local Resident,
of
( i.e., plumber, painter, or or Report Date Report Time
workers
etc.) Apprentice General Dispatch
needed

TOTALWORKERSREQUESTED =

Please have worker(s) report to the following work address indicated below:
Project Name: _______________________ Site:_____________________ Address: ____
Report to: ________________________ On-site Tel:___________________ On-site Fax:
Comment or Special Instructions:
 UNION USE ONLY
Date dispatch request received:
Dispatch received by:
Classification of worker requested:
Classification of worker dispatched:

WORKER REFERRED

Name:
Date worker was dispatched:
Is the worker referred a: (check all that apply)

JOURNEYMAN Yes _____ No _____

APPRENTICE Yes _____ No _____

LOCAL RESIDENT Yes _____ No _____

GENERAL DISPATCH FROM OUT OF WORK LIST Yes _____ No _____

[This form is not intended to replace a Union’s Dispatch or Referral Form

normally given to the employee when being dispatched to the jobsite.]

High Desert Corridor 29 Community Workforce Agreement

 ATTACHMENT C

Zip Codes

First Tier

Antelope Valley and Victorville

90010 93532 93534

93535 93536 93539
93550 93551 93552
93584 93586 93591
93543 93560 93501
93502 93519 93561
93581 91390 93510
92301 92368 92392
92393 92394 92395

Second Tier

Remaining zip codes for LA and San Bernardino Counties

92336 91710 92880

92376 91730 92407
91709 91761 92346
92404 92324 91764
91786 91762 92399
92374 92410 91739
92308 92307 92405
91701 91763 91784
92337 92311 86406
92373 93555 91737
92316 92411 92344
92284 92371 92314
92277 92377 92252
92354 92887 92356
92408 92313 92342
91708 92364 92315
92359 92365 92397
91798 92325 92382
92372 92352 89019
92363 92285 92401
92256 93516 92242
93562 92391 92350
92322 92415 92317
92310 92305 92385
92347 92321 92358
92341 92386 92333
92335 92345 92378

High Desert Corridor 30 Community Workforce Agreement

 92304 92414 92334
92412 92338 92366
93528 92309 92406
92286 92329 92418
92323 92357 91758
92340 92375 92331
92369 92403 91331
92402 92423 90250
92413 91743 91342
92427 91729 90706
91785 90650 90255
90011 90201 90026
90044 90280 90037
90805 91335 91343
91744 90003 90660
91706 90631 90004
91766 90262 91732
91402 90731 90813
90022 90640 90002
90001 91702 91801
90019 90042 90047
91770 90066 90063
90006 91406 91767
90744 91344 90638
90745 91304 90065
91745 90221 90033
91405 91605 90027
90723 90018 90032
90034 90046 90025
90703 90220 90503
91306 90057 91765
90023 91352 90007
91789 91790 90815
92821 90242 90278
90247 90043 91016
91367 90016 91387
90241 91748 90604
91733 91311 90301
90024 90059 90802
90806 90275 91776
90501 91606 90012
90605 90810 91711
91401 90808 91205
91350 91321 91325
90045 92327 91601
91355 92398 90062
92332 92318 91722
91759 92326 91754
92339 92424 90008
92268 92278 91107
92267 92312 90601

High Desert Corridor 31 Community Workforce Agreement

 90807 90606 91214
91351 91607 91724
91423 91604 90803
91206 91324 91303
91792 90005 90061
91731 91356 91354
90028 90041 91316
91803 90302 90039
90713 91746 90405
90710 90038 91740
90304 90017 91755
91010 91741 90035
91030 91302 91042
91103 91364 91504
90064 90249 90291
90746 91301 90270
90274 91307 90240
90015 91384 91403
90602 91411 90185
90303 91775 90404
90292 91106 90403
90717 90272 91040
91011 91202 90068
90069 90715 90732
90603 91101 90455
90670 91497 91602
90254 90048 91388
90265 90210 90502
90814 90174 91506
91501 91203 91361
91345 91204 91723
90245 91381 90701
90097 90232 91436
91841 90313 91502
91208 90248 91105
90716 90305 91108
90013 90293 91207
90755 90040 90402
90505 90804 90398
90036 90031 90659
91104 90277 90102
91001 90020 90077
90266 90049 91312
91326 91780 90888
90260 91340 91175
91006 90222 90290
91768 90230 91131
91773 90504 92397
91750 91007 93553
91791 90712 90071
90029 91505 91008

High Desert Corridor 32 Community Workforce Agreement

 91759 91797 90834
90840 90835 90747
90831 90510 91383
91795 90009 93590
90103 90263 90050
90899 90233 90054
93599 90030 90060
90844 90051 90295
91409 90055 90307
90052 90072 90308
90053 90296 90312
90070 90309 90407
90294 90310 90411
90306 90408 90508
90311 90409 90608
90406 90509 90639
90410 90609 90662
90507 90637 90702
90607 90651 90714
90610 90671 90749
90652 90711 90809
90661 90734 90842
90707 90801 90853
90733 90832 90074
90748 90846 90078
90833 90895 90082
90847 90075 90083
90848 90079 90088
90076 90084 90096
90080 90086 90209
90081 90091 90223
90087 90189 90224
90093 90213 90251
90099 90212 90267
90202 91799 91012
91024 91399 91021
90397 90094 91041
90665 90211 91046
90401 91187 91109
90056 91020 91116
90014 90612 91117
90095 90058 91125
91191 90704 91126
90021 90089 91185
91186 90067 91221
93544 91330 91735
93243 90822 91756
91210 93563 91772
90506 90090 91793
91608 91188 91899
90073 90101 91226

High Desert Corridor 33 Community Workforce Agreement

 91308 91184 90239
91313 91189 90264
91329 91224 91009
91333 91747 91023
91346 91769 91031
91365 91778 91066
91376 91802 91102
91385 91896 91110
91201 91225 91118
90231 91310 91121
90261 93122 91129
91003 91328 91182
91017 91337 91209
91025 91353 91734
91043 91372 91749
91077 91380 91771
91114 91386 91788
91115 91371 91804
91123 91382 91222
91124 91393 91305
91341 91327 91309
91357 91334

High Desert Corridor 34 Community Workforce Agreement

 ATTACHMENT D

BUILDING AND CONSTRUCTION TRADES COUNCIL

APPROVED DRUG AND ALCOHOL TESTING POLICY

The Parties recognize the problems which drug and alcohol abuse have created in the construction
industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the
Parties agree that in order to enhance the safety of the workplace and to maintain a drug and
alcohol-free work environment, individual Employers may require applicants or employees to
undergo drug and alcohol testing.

1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other
unlawful substances, as well as being under the influence of alcohol and the possession or
consuming alcohol is absolutely prohibited while employees are on the Employer’s job premises
or while working on any jobsite in connection with work performed under the Community
Workforce Agreement (“CWA”).

2. No Employer may implement a drug testing program which does not conform in all
respects to the provisions of this Policy.

3. No Employer may implement drug testing at any jobsite unless written notice is given
to the Union setting forth the location of the jobsite, a description of the project under
construction, and the name and telephone number of the Project Supervisor. Said notice shall
be addressed to the office of each Union signing the CWA. Said notice shall be sent by email
or by registered mail before the implementation of drug testing. Failure to give such notice shall
make any drug testing engaged in by the Employer a violation of the CWA, and the Employer
may not implement any form of drug testing at such jobsite for the following six months.

4. An Employer who elects to implement drug testing pursuant to this Agreement shall
require all employees on the Project to be tested. With respect to individuals who become
employed on the Project subsequent to the proper implementation of a valid drug testing
program, such test shall be administered upon the commencement of employment on the
project, whether by referral from a Union Dispatch Office, transfer from another project, or
another method. Individuals who were employed on the project prior to the proper
implementation of a valid drug testing program may only be subjected to testing for the
reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this
Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny
employment on the project.

5. The following procedure shall apply to all drug testing:

a. The Employer may request urine samples only. The applicant or employee
shall not be observed when the urine specimen is given. An applicant or employee, at his or
her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of
the Employer shall draw blood from a bargaining unit employee, touch or handle urine
specimens, or in any way become involved in the chain of custody of urine or blood specimens.

High Desert Corridor 35 Community Workforce Agreement

A Union Business Representative, subject to the approval of the individual applicant or
employee, shall be permitted to accompany the applicant or employee to the collection facility
to observe the collection, bottling, and sealing of the specimen.

b. An employer may request an applicant to perform an alcohol breathalyzer test, at a

certified laboratory only and cutoff levels shall be those mandated by applicable state or federal
law.

c. The testing shall be done by a laboratory approved by the Substance Abuse &
Mental Health Services Administration (SAMHSA), which is chosen by the Employer and the
Union.

d. An initial test shall be performed using the Enzyme Multiplied Immunoassay

Technique (EMIT). In the event a question or positive result arises from the initial test, a
confirmation test must be utilized before action can be taken against the applicant or employee.
The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels
for both the initial test and confirmation test will be those established by SAMHSA. Should these
SAMHSA levels be changed during the course of this Agreement or new testing procedures are
approved, then these new regulations will be deemed as part of this existing Agreement.
Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen
storage for a minimum of one year. Handling and transportation of each sample must be
documented through strict chain of custody procedures.

e. In the event of a confirmed positive test result the applicant or employee may
request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory
for purposes of a second test to be performed at a second laboratory, designated by the Union
and approved by SAMHSA. The retest must be performed within ten (10) days of the request.
Chain of custody for this sample shall be maintained by the Employer between the original
testing laboratory and the Union's designated laboratory. Retesting shall be performed at the
applicant’s or employee’s expense. In the event of conflicting test results the Employer may
require a third test.

f. If, as a result of the above testing procedure, it is determined that an applicant or

employee has tested positive, this shall be considered sufficient grounds to deny the applicant or
employee his/her employment on the project.

g. No individual who tests negative for drugs pursuant to the above procedure and
becomes employed on the project shall again be subjected to drug testing with the following
exceptions:

1. Employees who are involved in industrial accidents resulting in damage to

plant, property or equipment or injury to him/her or others may be tested for drug or alcohol
pursuant to the procedures stated hereinabove.

2. The Employer may test employees following thirty (30) days advance
written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable

High Desert Corridor 36 Community Workforce Agreement

Union shall be as set forth in paragraph 3 above and such testing shall be pursuant to the procedures
stated hereinabove.

3. The Employer may test an employee where the Employer has reasonable
cause to believe that the employee is impaired from performing his/her job. Reasonable cause
shall be defined as being aberrant or unusual behavior, the type of which is a recognized and
accepted symptom of impairment (i.e., slurred speech, unusual lack of muscular coordination,
etc.). Such behavior must be actually observed by at least two persons, one of whom shall be
a supervisor who has been trained to recognize the symptoms of drug abuse or impairment
and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is
no Job Steward on the project the other person shall be a member of the applicable Union’s
bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees
who are tested pursuant to the exceptions set forth in this paragraph and who test positive will
be removed from the Employer's payroll.

h. Applicants or employees who do not test positive shall be paid for all time lost
while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set
forth in the applicable Union’s Master Labor Agreement. Applicants who have been
dispatched from the Union and who are not put to work pending the results of a test will be paid
waiting time until such time as they are put to work. It is understood that an applicant must
pass the test as a condition of employment. Applicants who are put to work pending the
results of a test will be considered probationary employees.

6. The Employers will be allowed to conduct periodic jobsite drug testing on the Project
under the following conditions:

a. The entire jobsite must be tested, including any employee or subcontractor's

employee who worked on that project three (3) working days before or after the date of the test;

b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the
work on the project;

c. Prior to start of periodic testing, a Business Representative will be allowed to

conduct an educational period on company time to explain periodic jobsite testing program to
affected employees;

d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the

provisions set forth in paragraph 5 hereinabove.

e. Only two (2) periodic tests may be performed in a twelve (12) month period.

It is understood that the unsafe use of prescribed medication, or where the use of prescribed
medication impairs the employee's ability to perform work, is a basis for the Employer to
remove the employee from the jobsite.

High Desert Corridor 37 Community Workforce Agreement

Any grievance or dispute which may arise out of the application of this Agreement shall be subject
to the grievance and arbitration procedures set forth in the CWA.

7. The establishment or operation of this Policy shall not curtail any right of any
employee found in any law, rule or regulation. Should any part of this Agreement be found
unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the
parties, the remaining portions of the Agreement shall be unaffected, and the parties shall
enter negotiations to replace the affected provision.

8. Present employees, if tested positive, shall have the prerogative for rehabilitation
program at the employee’s expense. When such program has been successfully completed
the Employer shall not discriminate in any way against the employee. If work for which the
employee is qualified exists, he/she shall be reinstated.

9. The Employer agrees that results of urine and blood tests performed hereunder will be
considered medical records held confidential to the extent permitted or required by law. Such
records shall not be released to any persons or entities other than designated Employer
representatives and the applicable Union. Such release to the applicable Union shall only be
allowed upon the signing of a written release and the information contained therein shall not be
used to discourage the employment of the individual applicant or employee on any subsequent
occasion.

10. Employer shall indemnify and hold the Union harmless against any and all claims,
demands, suits, or liabilities that may arise out of the application of this Agreement and/or any
program permitted hereunder.

11. Employees who seek voluntary assistance for substance abuse may not be disciplined for
seeking such assistance. Requests from employees for such assistance shall remain confidential
and shall not be revealed to other employees or management personnel without the employee's
consent. Employees enrolled in substance abuse programs will be subject to all Employer rules,
regulations and job performance standards with the understanding that an employee enrolled in
such a program is receiving treatment for an illness.

12. The parties agree to develop and implement a drug abuse prevention and testing program
for all apprentices entering the industry.

13. This Memorandum of Understanding shall constitute the only Agreement in effect between
the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto
must be accomplished pursuant to collective bargaining negotiations between the parties.

High Desert Corridor 38 Community Workforce Agreement

 APPENDIX A: SPECIMEN REPORTING CRITERIA

Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test Confirmatory Test Cutoff Concentration
Analyte
Marijuana metabolites (THCA)2 50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite (Benzoylecgonine) 150 ng/ml 3 Benzoylecgonine 100 ng/ml
Codeine/ 2000 ng/ml Codeine Morphine 2000 ng/ml
Morphine 2000 ng/ml
Hydrocodone/ 300 ng/ml Hydrocodone 100 ng/ml
Hydromorphone Hydromorphone 100 ng/ml
Alcohol 0.02% Ethanol 0.02%

Oxycodone/ 100 ng/ml Oxycodone 100 ng/ml

Oxymorphone Oxymorphone 100 ng/ml

6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml

Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml

Amphetamine/ 500 ng/ml Amphetamine 250 ng/ml

Methamphetamine Methamphetamine 250 ng/ml

MDMA4/MDA 5 500 ng/ml MDMA 250 ng/ml

MDA 250 ng/ml

Initial Test Analyte Initial Test Cutoff Confirmatory Test Confirmatory Test Cutoff Concentration
Analyte

1
For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test
cutoff):
Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.
The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater;
if not, separate immunoassays must be used for the analytes within the group.
Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending
on the technology. At least one analyte within the group must have a concentration equal to or greater than the
initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's
validated limit of quantification) must be equal to or greater than the
initial test cutoff.
2
An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA).
3
Alternate technology (THCA and benzoylecgonine): The confirmatory test cutoff must be used for an alternate
technology initial test that is specific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ ml for
benzoylecgonine).
4
Methylenedioxymethamphetamine (MDMA)
5
Methylenedioxyamphetamine (MDA)

High Desert Corridor 39 Community Workforce Agreement

Barbiturates 300 ng/ml Barbiturates 200 ng/ml

Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml

Methadone 300 ng/ml Methadone 100 ng/ml

Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml

High Desert Corridor 40 Community Workforce Agreement

 TESTING POLICY FOR DRUG ABUSE

It is hereby agreed between the parties hereto that an Employer who has otherwise properly
implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the
right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test
shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The
applicant or employee shall have the absolute right to select either of the two “quick” screen
tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the "quick" screen tests, and who passes the
test, shall be put to work immediately. An applicant or employee who fails the "quick" screen
test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth
in the Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be
discarded immediately upon conclusion of the test. An applicant or employee shall not be
deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any
occurrence related to the “quick” screen test.

High Desert Corridor 41 Community Workforce Agreement