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7.4.2 Each of the Unions with a Master Labor Agreement expiring must offer to continue <br />working on the Project under all the terms of the expiring contract, including the wage rates and <br />employer contribution rates to the employee benefit funds, if the Contractor affected by that <br />expiring contract agrees to the following retroactive provisions: if a new Master Labor Agreement, <br />local, regional or other applicable labor agreement for the industry having application at the Project <br />is ratified and signed during the term of this Agreement and if such new labor agreement provides <br />for retroactive wage increases, then each affected Contractor shall pay to its employees who <br />performed work covered by this Agreement at the Project during the hiatus between the effective <br />dates of such expired and new labor agreements, an amount equal to any such retroactive wage <br />increase established by such new labor agreement, retroactive to whatever date is provided by the <br />new labor agreement for such increase to go into effect, for each employee's hours worked on the <br />Project during the retroactive period. All Parties agree that such affected Contractors shall be solely <br />responsible for any retroactive payment to its employees. <br />7.4.3 Some Contractors may elect to continue to work on the Project under the terms of <br />the interim agreement option offered under paragraph 7.4.1 and other Contractors may elect to <br />continue to work on the Project under the retroactivity option offered under paragraph 7.4.2. To <br />decide between the two options, Contractors will be given one week after the particular labor <br />agreement has expired or one week after the Union has personally delivered to the Contractors in <br />writing its specific offer of terms of the interim agreement pursuant to paragraph 7.4.1, whichever <br />is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall <br />be deemed to have selected the provisions of 7.4.2. <br />Section 75 No Lockouts Contractors shall not cause, incite, encourage, condone or <br />participate in any lock -out of employees with respect to Project Work during the term of this <br />Agreement. The term "lock -out" refers only to a Contractor's exclusion of employees in order to <br />secure collective bargaining advantage, and does not refer to the discharge, termination or layoff <br />of employees by the Contractor for any reason in the exercise of rights pursuant to any provision <br />of this Agreement, or any other agreement, nor does "lock -out" include the City's decision to stop, <br />suspend or discontinue any Project Work or any portion thereof for any reason. <br />Section 7.6 Best Efforts to End Violations <br />7.6.1 If a Contractor contends that there is any violation of this Article or Section 8.3, it <br />shall notify, in writing, the Executive Secretary of the Trades Council, the Senior Executive of the <br />involved Union(s) and the CWA Administrator. The Executive Secretary and the leadership of the <br />involved Union(s) will immediately instruct, order and use their best efforts to cause the cessation <br />of any violation of the relevant Article. <br />7.6.2 If the Union contends that any Contractor has violated this Article, it will notify <br />that the Contractor and the CWA Administrator, setting forth the facts which the Union contends <br />violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section <br />7.8. The CWA Administrator shall promptly order the involved Contractor(s) to cease any <br />violation of the Article. <br />Community Workforce Agreement 18 City of Santa Ana <br />