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<br />Community Workforce Agreement 19 City of Santa Ana <br />Section 7.7 Withholding of services for failure to pay wages and fringe benefits <br /> <br /> 7.7.1 Notwithstanding any provision of this Agreement to the contrary, it shall not be a <br />violation of this Agreement for any Union to withhold the services of its members (but not the <br />right to picket) from a particular Contractor who: <br /> <br /> (a) fails to timely pay its weekly payroll; or <br /> <br /> (b) fails to make timely payments to the Union’s Joint Labor/Management <br />Trust Funds in accordance with the provisions of the applicable Master Labor Agreements. Prior <br />to withholding its members’ services for the Contractor’s failure to make timely payments to the <br />Union’s Joint Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless <br />a lesser period of time is provided in the Union’s Master Labor Agreement, but in no event less <br />than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, <br />return receipt requested, and by facsimile transmission to the involved Contractor and to the City. <br />Union will meet within the ten (10) day period to attempt to resolve the dispute. <br /> <br />7.7.2 Upon the payment of the delinquent Contractor of all monies due and then owing <br />for wages and/or fringe benefit contributions, the Union shall direct its members to return to work <br />and the Contractor shall return all such members back to work. <br /> <br />Section 7.8 Expedited Enforcement Procedure Any party, including the City, which the <br />Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary <br />of this Article, or the CWA Admin istrator, may institute the following procedures, in lieu of or in <br />addition to any other action at law or equity, when a breach of Section 7.1 or 7.5, above, or Section <br />8.3 is alleged. <br /> <br />7.8.1 The Party invoking this procedure shall notify the first arbitrator identified in the <br />List of Arbitrators attached hereto as Attachment D. If this arbitrator identified in Attachment D <br />is unavailable at any time, any one of the permanent Arbitrators who is notified shall appoint his <br />alternate to hear the matter. Expenses incurred in arbitration shall be borne equally by the Parties <br />involved in the arbitration and the decision of the arbitrator shall be final and binding on the Parties, <br />provided, however, that the arbitrator shall not have the authority to alter or amend or add to or <br />delete from the provisions of this Agreement in any way. Notice to the arbitrator shall be by the <br />most expeditious means available, with notices to the Parties alleged to be in violation, and to the <br />Trades Council if it is a Union alleged t o be in violation. For purposes of this Article, written notice <br />may be given by telegram, facsimile, hand delivery or overnight mail and will be deemed effective <br />upon receipt. <br /> <br />7.8.2 Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit <br />and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, <br />but not sooner than twenty-four (24) hours after notice has been dispatched to the Executive <br />Secretary and the Senior Official(s) as required by Section 7.6, as above. <br /> <br />7.8.3 The arbitrator shall notify the Parties of the place and time chosen for this hearing. <br />Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s