Article 3.03 Hardship Clause
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Where a particular clause or article of this Agreement may be found to work a hardship in a specific geographical jurisdiction of a Local Union, either the Local Union or Employer may request that the other consider the hardship in question (“Hardship Request”).
In order for an Employer to raise a Hardship Request, it shall contact the Guild and Local Union as soon as reasonably possible, but in any event, not less than five (5) business days prior to the closing of bids on the project.
When the Employer contacts the Guild and Local Union with a Hardship Request, it shall provide each party with information about the project including,
· Name and location of project
· Name of General Contractor
· Union obligations of the General Contractor
· Competitors for the project
· Details of the hardship and how it could be alleviated
The Local Union shall reply to the Hardship Request within forty eight (48) hours and the Parties shall, within a further twenty four (24) hours, discuss the details of the Hardship Request and determine the scope, if any, of amendment of the collective agreement. If the Local Union denies the Hardship Request, it shall set out its reasons for the denial in writing. The Local Union shall not act in an arbitrary, discriminatory or bad faith manner when it considers a Hardship Request.
Should the Local Union and Guild agree to the Hardship Request, such agreement shall be made in writing and referred to the Union and the Guild for their endorsement. No adjustment will be made that does not apply equally to all Employers bound to BACU-Tile ICI Collective Agreements in the area.
Once a hardship agreement is agreed to and signed by the parties, the Guild will notify all Contractors in writing of the hardship agreement at least forty eight (48) hours prior to the closing date of the tender.
Any alleged violation of this provision may be dealt with by referral to expedited arbitration with an arbitrator selected by the Union and Guild for a final and binding decision.