The Basin Project
COMMUNITY PROTECTION AGREEMENT
Pursuant to the authority granted to the Basin Environmental Improvement Project Commission by the State of Idaho under the Basin
Environmental Improvement Act (2001); to protect human health and ensure a clean environment; to preserve the area standards of
Basin communities; to promote the goals of local economic development; to ensure the integrity of the local tax base; to prevent a drain
on local social services; to promote the use and career training of the local labor force; to provide a “level playing field” for construction
companies while bidding; to establish a uniform method of resolving disputes; to protect workers from the vagaries of the competitive
bidding process; and to provide a living wage and family health and welfare and defined benefit retirement benefits for workers; the
Commission hereby promulgates this AGREEMENT which shall be made a part of all bid documents and required of all construction
companies performing work on The Basin Project for the duration of each and every construction contract.
ARTICLE 1
Local Hire. The parties agree that utilization of the local workforce is a high priority. To that end, the parties agree that the contractor is
encouraged to employ residents living within the confines of The Basin Project with the exception of engineering, managerial and
supervisory personnel. It is understood that local construction companies “owned” by residents living within the confines of The Basin
Project shall receive a 3% bid preference.
ARTICLE 2
Apprenticeship and Training. The parties agree that training of the local workforce and the availability of apprenticeship opportunities
is a necessary component of career development. The parties agree that, when upgrade journey-level training is required, the
contractor shall provide certified training equal to or better than training provided by joint Labor-Management Taft-Hartley Training Trust
Funds which have jurisdiction over northern Idaho for each particular craft classification. The contractor shall also make provision for
apprenticeship, setting aside 15% of its total non-engineering, non-managerial, and non-supervisory workforce to be comprised of craft
apprentices enrolled in a program equal to or better than the joint Labor-Management Taft-Hartley apprenticeship programs which have
jurisdiction over northern Idaho for each particular craft classification.
ARTICLE 3
Health and Welfare and Pension. The parties agree that the contractor will provide employer-paid family health coverage and an
employer-paid defined benefit retirement plan for each craft worker equal to or better than benefits provided by the joint LaborManagement Taft-Hartley health and welfare and defined pension trust funds which have jurisdiction over northern Idaho for each
particular craft classification.
ARTICLE 4
Grievance Procedure. The Commission shall not be liable for any contractor employee grievance. The contractor will not unjustly
discipline or discharge any craft employee. Any non-supervisory non-managerial employee grievance associated with the provisions of
this Agreement shall be handled in the following manner:
Step 1: The employee shall attempt to settle the dispute by first presenting the grievance in writing within 10 days of the occurrence to a
supervisory official of the contractor. If the grievance is not satisfactorily resolved within 10 days after submission, the employee may or
may not request representation by a person of the employee’s choosing and the grievance shall be submitted to Step 2 and, if
necessary, to Step 3.
Step 2: A grievance not resolved in Step 1 shall be submitted, as soon as practicable, to “grievance mediation,” a service provided by
the Federal Mediation and Conciliation Service. Failure to reach a resolution to the grievance will result in the grievance being
submitted to Step 3.
Step 3: The grievance shall be submitted to an arbitrator. The party invoking arbitration shall call upon the Federal Mediation and
Conciliation Service to supply the contractor and the employee and his/her representative with a list of 3 or 5 arbitrators. The parties
shall use an agreeable elimination method to select an arbitrator and his/her decision shall be final and binding on both parties. The
parties may also select an arbitrator from other than the Federal Mediation and Conciliation Service, by any means, by mutual consent.
ARTICLE 5
Wages and Working Conditions. The Basin Environmental Improvement Project Commission in consultation with the Northeastern
Washington – Northern Idaho Building & Construction Trades Council, a representative of the Wage and Hour Division of the U.S.
Department of Labor, and a representative of an area Chamber of Commerce shall establish wage rates including overtime and holiday
pay for each classification, make provisions for annual cost of living adjustments, establish hours of work and working conditions, and
publish those rates and conditions in all bid documents making them available to every contractor before bidding and attach same to this
Agreement. The contractor agrees to abide by all published wages rates and working conditions.
Signed this ___ day of ___________, 200_.
__________________________________________
For the Commission
__________________________________________
For the Contractor
Title:______________________________________
Title:______________________________________
Company:__________________________________