Common use of Notice and Discussion Clause in Contracts

Notice and Discussion. Except where an emergency situation exists, before the District changes its policy involving the overall subcontracting of work in a general area, where such policy change amounts to a significant deviation from past practice, the District shall provide the Union with notice within seven (7) days of any Department request to sub-contract work that is being performed by bargaining unit members or that is traditionally within the jurisdiction of the Union. Upon written request, the District will provide the following information to the Union, to the extent such information exists: location(s) of requested sub- contracting, potential number of bargaining unit members affected and cost analysis and/or cost information. The District shall also notify the Union at least thirty (30) days prior to the final approval of any change-order to an existing agreement if the change-order involves additional sub-contracting out of work traditionally within the jurisdiction of the Union. The District shall provide the Union, upon written request, with a copy of all RFPs, RFQs, JOCs, PPPs and IFBs relating to the sub-contracting of work that is being performed by bargaining unit members or that is traditionally within the jurisdiction of the Union to afford the Union an opportunity to meaningfully discuss the matter. The District shall consider any timely proposal or bid submitted by the Union in response to such RFPs, RFQs, JOCs, PPPs or IFBs along with any other proposal or bid that may have been submitted by qualified bidders in response to such RFPs, RFQs or IFBs before the District makes a final decision to accept or reject such a proposal or bid. Further, the District shall work cooperatively with the Union and shall provide information necessary for the Union to perform a cost analysis or if a cost analysis exists, the District shall provide such cost analysis to the Union, prior to the time it meets with the Union regarding such RFPs, RFQs, JOCs, PPPs or IFBs and prior to the time it accepts any bids or proposals. Nothing in this section is intended to affect the Union's right to bargain the effects of subcontracting work within the jurisdiction of Local 73. Discussions between the Union and District pursuant to this Section shall be held in the context of the Total Quality Labor/Management Committee under Article IX. The District and the Union shall examine subcontracting situations that are currently in progress or that are planned to determine how such work could alternatively be, or continue to be, performed by the District. The committee shall meet in accordance with Section 9.6 to examine those contracts, including, but not limited to, JOC contracts and subcontracts and IFB contracts and subcontracts involving bargaining unit work currently in progress or planned. The District shall work cooperatively with the Union and will provide the information necessary for the Union to perform a cost analysis or if a cost analysis exists, the District shall provide such cost analysis to the Union, prior to the meeting, so that the Union may submit proposals on such matters. A grievance involving an alleged violation of Section 8 .2 can be filed directly at Step 3 of Section 14.4.