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HomeMy WebLinkAboutRes1990-039 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 90-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 1547 WHEREAS, the city of Seward and the International Brotherhood of Electrical Workers Local 1547 have successfully negotiated a series of collective bargaining agreements covering the city employees who operate the Seward electrical utility system; and WHEREAS, both the Union and that the electrical system be expanding Seward economy; and the City Council are concerned upgraded to better serve the WHEREAS, the Seward intertie project is critical to meeting the City's needs for a reliable source of power to utility customers of the City; and WHEREAS, the Union and the city of Seward both share a common desire that the Seward intertie project be constructed with Alaskan labor; and WHEREAS, the City and the Union wish to amend their collective bargaining agreement with was effective January 1, 1990, to anticipate construction of the Seward intertie project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: section 1. The Letter of Agreement relating to the Seward intertie project dated April 30, 1990, and attached hereto as Exhibit A is approved. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 2nd day of May, 1990. THE CITY OF SEWARD, ALASKA ~ \, ,7" -' ..~)~ . 1am C. Noll, Mayor -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-039 AYES: NOES: ABSENT: ABSTAIN: ATTEST: NOLL, HILTON, MEEHAN, SIEMINSKI & SIMUTIS NONE BURGESS & DUNHAM NONE APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska (City Seal) 7JN~ Fred B. Arvidson City Attorney -2- l".f''1 . . . 1...t~..._t~jjMt a._th_.h~od at EIle",I.l\..dt W"."~.;3 Local 1547 2702 DENALI STREET ANCHORAGE. ALASKA 99503-2n9 TELEPHONE DISPATCH FAX (907)272-6571 (907) 276-1547 (907) 276-1963 m....::.::..... '( _ / C~"" ~.l \, ::.::, r1 ...~ /Ji ~ ~ GARY BROOKS JOSEPH HOOGE BUS/NESS MANAOER. FINANCIAl. SECRETARY PRESIDENT LEftBR OJ' AGRBBKBft RBLATX)lG TO 8B11J.lU) 1ftBR'UB PROJBCT The City of Seward (the "Employer") agrees that, to the extent permitted by law (including 29 use 158[e]), it will not contract for or allow the subcontract for the construction of the 115 kv main electrical transmission intertie line between Lawing and Fort Raymond Subdivisions for work traditionally performed by employees represented by the International Brotherhood of Electrical Workers, Local Union 1547 ("IBEW") except to a person, firm, or corporation that is a party to an appropriate current labor agreement with IBEW. Warranty Work The foregoing shall not operate to prohibit the employees of a manufacturer or supplier from troubleshooting or testing on equipment or apparatus supplied to the Employer and still under warranty. Purpose of provision It is understood and agreed that the purpose and function of this provision is not in any way to limit or restrict the ability of the Employer party to this Agreement to do business with other employers but, rather, this provision is designed and intended to preserve work traditionally performed by employees represented by IBEW whose wages, hours, and conditions of employment are prescribed by this Agreement. In the event subcontracting of work contemplated by this Agreement i. undertaken, the performance of such work and the practice of SUbcontracting shall not result in the destruction of wages, hours, and condi tions of employment achieved by IBEW through the collective bargaining process. Enforcement The parties shall not enforce this section of the agreement by means of slowdown, strike, picketing, or lockout. In the event of dispute, the parties shall expeditiously proceed to arbitration for appropriate relief. R E eEl V E D MAY 021990 OFFICE OF THE CiTY CLERK PROUDLY SERVING 586.000 SQUARE MILES ON TOP OF THE WORLD .~= Letter of Agreement Seward Intertie Project Page 2 Defense by Union In the event any party or person not signatory to this collective bargaining agreement makes or threatens to make a claim before any court or tribunal that this Agreement or any contracts, subcontracts, proposed contracts, or bid solicitations of the Employer under the terms of this section are illegal or give rise to any claim for damage to person or property under applicable law, then promptly upon notice thereof from the Employer, IBEW agrees to defend, indemnify, and save the Employer its agents, employees, and official from any such claim for damages, injunctive, or other relief. The obligation of IBEW regarding indemnif .ation under the preceding paragraph shall be contingent upon enac~ment by the City Council of the City of Seward (the "City Council") at or before its first regular meeting in June 1990 of an amendment to Title 3.65 of the Seward citv Code providing that the City may enter into an agreement with a labor organization relating to the construction of a pubic project that require. the contracting or subcontracting of work traditionally performed by employees represented by that labor organization to be performed by a signatory to a current labor agreement with that labor organization. The obliaation of IBEW reaardina indemnification under the Drecedina DaraaraDh shall exoire UDon the reDeal of such enablina amendment to Title 3.65 of the Seward Citv Code bv the Citv Council. This Agreement shall be effective immediately upon the appropriate ratification by the City Council. This Aareement is an amendment to the Collective Baraainina Aareement between the Darties effective Januarv 1. 1990 and shall exoire UDon the termination or exoiration of that aareement. Dated: ~ /, fqO , f ,d~~ ~"8ehaefermeye~ City of Seward GaA~"" Manaq"r International Brotherhood of Electrical Workers, Local Union 1547 ii:ty Manager Dated: .:r /2 /9D , /