HomeMy WebLinkAboutRes1990-039
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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
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. 1am C. Noll, Mayor
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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)
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Fred B. Arvidson
City Attorney
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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
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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
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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:
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City of Seward
GaA~"" Manaq"r
International Brotherhood of
Electrical Workers, Local Union 1547
ii:ty Manager
Dated:
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