OFFICE OF THE MAYOR
CITY AND COUNTY OF HONOLULU
530 SOUTH KING STREET, ROOM 300  HONOLULU, HAWAII 96813
PHONE: (808) 768-4141  FAX: (808) 768-4242  INTERNET: www.honolulu.gov

ROY K. AMEMIYA, JR.

KIRK CALDWELL

MANAGING DIRECTOR

MAYOR

GEORGETTE T. DEEMER
DEPUTY MANAGING DIRECTOR

COMMUNITY WORKFORCE AGREEMENT

For the
CITY AND COUNTY OF HONOLULU
JUNE 30, 2020

 TABLE OF CONTENTS
ARTICLE I – Purpose and Findings................................................................................................1
ARTICLE II – Definitions...............................................................................................................2
ARTICLE III – Scope of Agreement...............................................................................................3
ARTICLE IV – Union Recognition.................................................................................................4
ARTICLE V – Management Rights of Contractors.........................................................................5
ARTICLE VI -- Hiring Procedures..................................................................................................5
ARTICLE VII – Work Stoppages....................................................................................................6
ARTICLE VIII – Grievance Procedure...........................................................................................7
ARTICLE IX – Pre-Job Conferences..............................................................................................9
ARTICLE X – Jurisdictional Disputes............................................................................................9
ARTICLE XI – General Work Rules: Obligations of Contractor and Unions..............................10
ARTICLE XII – Safety, Environmental and Health......................................................................11
ARTICLE XIII – Substance Abuse Policy and Drug and Alcohol Testing Procedure..................11
ARTICLE XIV – Apprenticeship Program....................................................................................12
ARTICLE XV – Wages, Hours, Etc..............................................................................................12
ARTICLE XVI – Subcontracting: Obligations of Contractors......................................................12
ARTICLE XVII – Joint Administrative Committee......................................................................12
ARTICLE XVIII – No Discrimination..........................................................................................13
ARTICLE XIX – Savings Clause..................................................................................................13
ARTICLE XX – Duration..............................................................................................................14
ARTICLE XXI – Execution in Counterparts.................................................................................14
ATTACHMENT “A – Agreement To Be Bound”..........................................................................18

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 COMMUNITY WORKFORCE AGREEMENT
This agreement is entered into by and between the City and County of Honolulu (“the
City”), the Hawaii Building and Construction Trades Council and its affiliated labor unions, the
Hawaii Construction Alliance and its affiliated labor unions, and the Unions that become
signatory to this agreement for any construction project covered by this agreement.
ARTICLE I – Purpose and Findings
Public works projects involve numerous contractors and employees in different trades,
have critical timelines for completion, and require skilled and properly trained workers to
successfully complete the work in a safe and timely manner. To avoid delays and additional
expense to the City, it is essential that the most critical public works projects proceed without
labor disruptions, whether due to external labor relations factors or the frictions that can arise
when a large number of contractors and their employees and subcontractors work in proximity to
one another on a job site.
As the City grows in size and connects more communities via infrastructure
development, the City has an overriding interest in maintaining the continuity of efficient
construction work by using skilled and trained labor. In a complex and urban environment such
as Honolulu, it is essential to avoid delay in completing critical public works projects so that
public funds are utilized prudently and residents and visitors are not adversely impacted by
interruption in public services or delay in the use of facilities that are important to the essential
operations or infrastructure of the City.
A Community Workforce Agreement ("CWA") is a form of Project Labor Agreement
("PLA"), which is a construction industry collective bargaining agreement applied to a particular
public works project or set of projects. CWAs have been used for many years to achieve highquality construction performance and the economic benefits that result from having a guaranteed
source of skilled workers and avoiding work disruptions.
In the private sector, CWAs have been and are being used successfully on a variety of
projects, such as the United States Navy's privatized military housing stabilization agreement,
and other large and small private developments, including the retrofitting and remodeling of
existing buildings and facilities. On public works projects, CWAs have been and are being used
successfully by governmental entities, including the Honolulu Authority for Rapid
Transportation.
CWAs on public works projects are open to both union and non-union contractors. A
public agency awarding a project covered by a CWA may select any qualified bidder for the
award, without regard to whether it is otherwise a signatory to a union collective bargaining
agreement.
CWAs on public works projects also promote government efficiency, thus lowering costs,
in a number of ways. They prevent labor strikes or slowdowns during the life of the agreement;
set work rules, schedules and conditions; build jobsite harmony by placing all contractors and
workers on a level playing field; and provide for arbitration procedures to resolve grievances and
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 jurisdictional disputes. They also increase public confidence in government procurement and
improve transparency in the competitive bidding process.
The construction crafts needed on public works projects require a supply of new
apprentices to perpetuate those crafts into the future. It is essential to train a local pool of skilled
labor in the construction sector who will be able to competently and safely construct future
public works projects. Through their apprenticeships, local construction unions provide genuine
opportunities for long-term, well-paid careers in the construction industry. Entry into and
employment through these apprenticeships can be facilitated by a formal understanding between
the City and the local construction unions who fund and operate such apprenticeships.
In addition, veterans may be seeking employment on public works projects and training
opportunities for entrance into the construction industry. Such training opportunities are available
through programs such as "Helmets to Hardhats."
CWAs have proven to be a valuable mechanism across the United States in addressing
many of these issues, and have been a major factor in producing high quality construction work
and projects that are completed on time, within budget, and without labor strife or disruptions.
This CWA is intended to promote labor harmony, prevent labor disputes and slowdowns, achieve
and promote efficient, high-quality construction that meets strict construction deadlines, improve
City services, and ensure a steady local supply of skilled and trained labor on proprietary
construction projects.
ARTICLE II – Definitions
As used in this Agreement:
"Agreement To Be Bound" means the acceptance agreement signed by each Contractor,
agreeing to be bound by the terms of this CWA, in the form attached hereto as Attachment “A.”
"Community Workforce Agreement” or "CWA" means this multi-craft collective
bargaining agreement between the City, the Hawaii Building and Construction Trades Council
and its affiliated labor unions, and the Hawaii Construction Alliance and its affiliated labor
unions, which is approved for use on Covered Projects by the Chief Procurement Officer of the
City.
"Contractor" means any individual, firm, partnership, corporation, or other business
entity (including but not limited to a general contractor, project manager, construction manager,
or primary employer, or combination thereof), including joint ventures, and any successors and
assigns of the foregoing, that has entered into a contract to perform, assign, award, or subcontract
any part of the construction work on a Covered Project, and all contractors and subcontractors of
any tier.
"Covered Work" means on site construction work covered by Master Agreements of the
Unions for a Covered Project., including facilities dedicated exclusively to supplying products to
Covered Projects.

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 "Covered Project" means any large-scale public works project, including any police, fire,
emergency services, erosion, rock-fall mitigation, road, storm-water or sewer infrastructure, and
pump station projects, in which there is a contract in excess of $2,000,000 for the building,
erection, installation, or assembly of a new structure, building, or facility, or of new
infrastructure, including any such projects receiving funding from a bond issuance of the city,
and any other public works project where the city has determined that delay in completing the
project may lead to interruption or delay of services or use of facilities that are important to the
essential operations or infrastructure of the city; provided, however, that the term does not
include the routine operation or maintenance of a structure, building, or facility, or of new
infrastructure.
"Maintenance" means the upkeep of a structure, building, or facility, or of infrastructure,
to preserve the original functional and operational state of the structure, building, facility, or
infrastructure, and includes any task that has been traditionally and historically performed by
public workers in or upon structures, buildings, facilities, and infrastructure.
"Master Agreement" means the master collective bargaining agreement of each Union
signatory to the Community Workforce Agreement.
"Operation" means activities related to the normal performance of the functions for which
a structure, building, facility, or infrastructure is intended to be used.
"Union" includes the Hawaii Building and Construction Trades Council ("HBCTC") and
the Hawaii Construction Alliance ("HCA"), and their affiliated labor organizations, acting on
their own behalf and on behalf of their own respective affiliates and member organizations
whose names are subscribed to the Community Workforce Agreement. The parties to the
Community Workforce Agreement may mutually agree, in writing, to amend or modify the list of
affiliated labor organizations in the event there is a change in affiliation. Nothing in this article is
intended to imply that the city has the authority to approve which local unions may affiliate with
the HBCTC or HCA.
"Work Disruption" means any strike, lockout, sympathy strike, slowdown, work
stoppage, boycotting, picketing or similar activity that interferes with work on a Covered Project.
ARTICLE III – Scope of Agreement
The City shall require all Contractors to agree to be bound by this CWA by executing an
Agreement To Be Bound as a condition of any future request for proposal issued on or after the
effective date of this CWA for a Covered Project. The Unions agree that this CWA will be
available to, and will fully apply to, any successful bidder for the project work for a Covered
Project, without regard to whether the successful bidder performs work at other sites as either a
union or non-union Contractor, and without regard to whether employees of such bidder are or
are not members of any union.
It is understood that this CWA constitutes a stand-alone agreement, and by virtue of
executing an Agreement To Be Bound, Contractor will not be obligated to sign any other
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 collective bargaining agreement as a condition of performing work within the scope of this
CWA.
All Contractors on all Covered Projects must execute an Agreement to be Bound by this
CWA as a precondition of performing, assigning, awarding, or subcontracting work on the
Covered Project. Each Contractor shall provide Unions and the City with a fully executed copy
of the Agreement To Be Bound as applicable prior to the execution of the construction contract
for work on this project.
It is understood that each party to this CWA acts independently of the other, and this
CWA does not give rise to any joint and several liability between or amongst the parties. The
Unions agree that this CWA does not have the effect of creating any joint employment status
between and among the City and any Contractor.
ARTICLE IV-- Union Recognition
The Contractor recognizes the signatory Unions as the sole and exclusive bargaining
representatives of all craft employees within their respective jurisdictions working on Covered
Projects.
There shall be no discrimination against any Employee or applicant for employment
because of his or her membership or non-membership in the Union or based upon race, creed,
color, sex, age or national origin of such employee or applicant, or any other factor prohibited by
state or federal law.
The Contractor agrees to deduct dues and fees in the amount designated by a particular
Union, subject to applicable law, provided that the Employee has executed a written assignment
calling for such a deduction, which is provided to the Contractor, and provided further that the
form of the written assignment is that form that is used for all operations by the particular Union
for its members in the State of Hawaii. The Contractor will remit to the Union the dues and fees
deducted in the manner set forth in the applicable Master Agreement. All Employees of
Contractor who are not member of any Union shall pay dues and uniform assessments in
accordance with the requirements of the applicable Union and applicable law. Such dues and
assessments shall be limited to fees necessary for the performance for the Union's representation
duties. Any employee failing to meet the above condition of employment shall upon written
notice by the Union be discharged by the Contractor within five (5) working days.
This CWA shall not unlawfully deprive, nor shall it be construed to unlawfully deprive,
any non-union or union employee of his or her rights under federal and state laws.
Each Union shall have the right to designate a working craft employee as steward for
each Contractor employing such craft on the Covered Project. Such designated steward shall be a
qualified workman assigned to a crew and shall perform the work of the craft. The steward shall
not perform supervisory duties. Under no circumstances shall there be a non-working steward.
Stewards shall be permitted a reasonable amount of time during work hours to perform
applicable Union duties related to the work being performed by the craft employees of his or her
Contractor and not to the work being performed by the other Contractors or their employees.
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 Authorized representatives of the Union shall have access to the Project, provided that
such representatives fully comply with the posted visitor, security, and safety rules and the
environmental compliance requirements of the Project, provided they do not unnecessarily
interfere with the employees or cause them to neglect their work. The Contractor recognizes the
right of access set forth in this Section and such access will not unreasonably be withheld from
an authorized representative of the Union.
To the extent this CWA addresses a subject, it represents the complete agreement of the
parties on that subject. To the extent the CWA does not address a subject, the terms and
conditions of the Master Agreement for the appropriate craft shall apply to that subject.
ARTICLE V – Management Rights of Contractors
Contractors retain full and exclusive authority for the management of their respective
operations except as specifically set forth in this CWA. The Contractors shall have the right to
direct its work forces at their sole discretion, including, but not limited to, hiring, promotion,
determining competency to perform work, transfer, lay-off, discipline or discharge for just cause;
the selection of foreman and general foreman; the assignment and scheduling of work; the
requirement of overtime work; the determination of when work will be done; and the number
and identity of employees engaged to perform such work.
The Contractor may, in its sole discretion, utilize the most effective method or techniques
of construction, tools, or other labor-saving devices. Except as otherwise expressly stated in this
CWA, there shall be no limitation or restriction upon the Contractor’s choice of materials or
design, nor upon the full use and installation and utilization of equipment, machinery, tools, or
other labor-saving devices. If there is any disagreement between the Contractor and a Union
concerning the manner or implementation of such device or methods of work, the
implementation shall proceed as directed by the Contractor and the Union shall have the right to
grieve and/or arbitrate the dispute as set forth in Article VIII of this CWA.
ARTICLE VI -- Hiring Procedures
Unless otherwise required by this CWA, Contractors shall utilize the job referral system
of the appropriate signatory Union to acquire employees to work on the Project. The job referral
system will be operated in a non-discriminatory manner and in full compliance with federal,
State, and local laws and regulations which require equal employment opportunities and nondiscrimination.
A probationary period of ten (10) working days shall be established for all new
employees; during such time period such named employees may be summarily discharged and
such discharge is not subject to the grievance and arbitration process. Notwithstanding the above,
the Contractor may reject any referral for any lawful nondiscriminatory reason provided it
complies with this Article. All disputes involving the discipline and/or discharge of an employee
working on a Covered Project shall be resolved through the grievance and arbitration provisions.
The Contractors shall have the right to reject any applicant referred by a Union, in accordance
with the applicable Master Agreement.
In the event a Union is unable to fill a request for qualified employees within forty-eight
(48) hours after such request is made by a Contractor (Saturdays, Sundays and Holidays
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 excepted), the Contractor may employ applicants from any other available source. The
Contractor shall inform the Union of the name and social security number of any applicant hired
from the other sources and shall refer the applicant to the Union for dispatch to the Project within
twenty-four (24) hours after hiring.
Except as required by law, the Unions shall not knowingly refer an employee currently
employed by any Contractor working under this CWA to any other Contractor. This provision
shall not be applicable in any case in which the Covered Employee has given notice to the
Contractor-Employer of his or her intent to quit.
The selection of craft foremen and/or general foreman and the number of such foremen
and/or general foreman required shall be entirely the responsibility of the Contractor, and Craft
foremen shall be designated working foremen at the request of the Contractor and once so
designated shall be allowed to perform work on the Project in their respective crafts.
The parties recognize the City's interest in providing opportunities to participate on the
Project to emerging Contractors, as well as other enterprises which may not have previously had
a relationship with the Unions signatory to this CWA. To ensure that Contractors will have an
opportunity to employ their "core" employees on this Project, all "core" employees must register
with the appropriate Union prior to employment. The parties agree that such Contractor may
request by name, and the Union will honor, referral of such persons who have registered with the
appropriate Union for Project work and who demonstrate the following qualifications:
(a)

possess any license required by State or federal law for the Project work to
be performed;

(b)

have worked a total of at least one thousand (1,000) hours in the
construction craft during the prior three (3) years;

(c)

were on the Contractor's active payroll for at least sixty (60) out of one
hundred eighty (180) calendar days prior to the contract award; and

(d)

have the ability to perform safely the basic functions of the applicable
trade.

The Union will refer to such Contractor one journeyman employee from the hiring hall
out-of-work list for the affected trade or craft and will then refer one of such Contractor's "core"
employees as a journeyman and shall repeat the process, one and one, until such Contractor's
crew requirements are met or until such Contractor has hired seven (7) "core" employees,
whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be
hired exclusively from the hiring hall out-of-work list(s), if available. For the duration of the
Contractor's work, the ratio shall be maintained and when the Contractor's workforce is reduced,
covered Employees shall be reduced in the same ratio of "core" covered Employees to hiring hall
referrals as was applied in the initial hiring.
It is understood that Contractors that do not follow this process shall be subject to the
Grievance Procedure of the CWA.

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 ARTICLE VII – Work Stoppages
During the term of this CWA, there shall be no strikes, picketing, work stoppages, slowdowns, or other work disruption for any reason by the Union, its applicable Local Union or by an
Employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union,
or Employee to cross any picket line established at the Project site is a violation of this Article.
In the case of nonpayment of wages or benefits on a Covered Project, the Union shall
give the City and the Contractor three (3) business days’ notice should the Union intend to
withhold labor from the Contractor’s workforce, during which time the Contractor or its upper
tier contractor or the City may take action to correct the default. In this instance, a Union's
withholding of labor (but not picketing) from a Contractor who has failed to pay wages or
benefits shall not be considered a violation of this Article.
If the City or any Contractor contends that any Union has violated this Article, it will so
notify in writing the senior executive of the HBCTC or HCA, as applicable, and the senior
executive of the Union, setting forth the facts alleged to violate this Article. The HBCTC or HCA
will immediately use its best efforts to cause the cessation of any violation of this Article. The
leadership of the Union will immediately inform the workers of their obligations under this
Article. A Union complying with this obligation shall not be held responsible for the
unauthorized acts of employees it represents.
ARTICLE VIII – Grievance Procedure
This CWA is intended to provide close cooperation between management and labor. Each
of the Unions will assign a representative to this Covered Project for the purpose of completing
the construction of the project economically, efficiently, continuously, and without interruptions,
delays, or work stoppages.
It is understood that the Contractors, the Unions, and the Contractors’ Employees,
collectively and individually, realize the importance to all parties to maintain continuous and
uninterrupted performance of the work of the project and agree to resolve disputes in accordance
with the grievance-arbitration provisions set forth in this Article.
Any question or dispute arising out of and during the term of this CWA (other than trade
jurisdictional disputes) shall be considered a grievance and subject to resolution under the
following procedures:
Step 1. (a) When any Contractor’s Employee feels he or she is aggrieved by a violation of
this CWA, he or she, through his or her local union business representative or job steward, shall,
within ten (10) working days after becoming aware of the dispute, but in no event more than
thirty (30) business days after the Employee reasonably should have become aware of the event
giving rise to the dispute, give notice to the work-site representative of the involved Contractor,
stating the provision(s) alleged to have been violated. The business representative of the local
Union or the job steward and the work-site representative of the involved Contractor shall meet
and endeavor to adjust the matter within three (3) working days after timely notice has been
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 given. The representative of the Contractor shall keep the meeting minutes and shall respond to
the Union representative in writing at the conclusion of the meeting but not later than twentyfour (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the
grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance
Procedure, provided the grievance is reduced to writing, setting forth the relevant information
concerning the alleged grievance, including a short description thereof, the date on which the
grievance occurred, and the provision(s) of the CWA alleged to have been violated.
(b) Should the Local Union(s) or the Contractor have a dispute with the other
party and, if after conferring, a settlement is not reached within three (3) working days, the
dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein
for the adjustment of an employee complaint.
Step 2. The Union Representative, and other representatives as needed, and the involved
Contractor shall meet within seven (7) working days of the referral of a dispute to this second
step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the
Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in
accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Step 3. (a) If the grievance has been submitted but not adjusted under Step 2, either party
may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted
to the appropriate Arbitrator from the list of the permanent panel of Arbitrators, as described
herein. The decision of the Arbitrator shall be final and binding on all parties. The fee and
expenses of such Arbitration shall be borne equally be the Contractor and the involved Local
Union(s).
The Contractors and the Unions agree to the following permanent panel of five (5)
arbitrators from which an Arbitrator shall be selected to hear and decide disputes arising under
this Article. The members of the panel are:
Eden Hifo
Louis Chang
Lori Aquino
Ron Brown
James Duffy
In the event any panel member is no longer available to serve under this CWA, the City
and the Unions collectively shall agree on a substitute panel member within thirty (30) calendar
days of notification by the panel member of the member’s unavailability to serve. If the parties
cannot reach an agreement within the specified time, the remaining panel members shall
establish a list of five (5) individuals from which the City and the Unions collectively shall select
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 the substitute panel member by striking an individual from the list in an alternating and equal
number of strikes. The remaining individual shall thereafter serve as the new panel member in
substitution for the member who is no longer available to serve.
Selection of the Arbitrator from the panel shall be by mutual agreement of the Contractor
and the Union(s) involved in the dispute. If an Arbitrator cannot mutually be agreed to by the
parties, each party shall have an alternating and equal amount of strikes from the panel of five (5)
and the remaining panel member shall serve in the dispute. The Contractor or Union(s) invoking
this procedure shall notify the Arbitrator selected. In the event that the selected Arbitrator is
unavailable, the Contractor and Union(s) shall mutually agree upon another Arbitrator.
(b) Failure of the grieving party to adhere to the time limits established herein
shall render the grievance null and void. The time limits established herein may be extended only
by written consent of the parties involved at the particular step where the extension is agreed
upon. The Arbitrator shall have the authority to make decisions only on issues presented to him
or her, and he or she shall not have authority to change, amend, add to or detract from any of the
provisions of this Agreement.
The Project Contractor shall be notified of all actions at Steps 2 and 3.
The time limits in this Article may be extended by mutual written agreement of the
parties to the grievance.
Nothing in this Agreement shall be construed to interfere with or supersede the usual and
customary legal remedies available to the Unions and/or employee benefit trust funds to collect
delinquent wages or Trust Fund contributions from Contractors on the Project.
ARTICLE IX – Pre-Job Conferences
The Contractor shall conduct a pre-job conference with the designated representatives for
the HBCTC and the HCA within thirty (30) days after the execution of the Contractor’s contract
with the City. The Contractor shall provide such representatives with a list of subcontractors
seven (7) days prior to the pre-job conference.
ARTICLE X – Jurisdictional Disputes
The assignment of work will be solely the responsibility of the Contractor performing the
work.
Should a jurisdictional dispute arise, there shall first be an attempt to resolve the dispute
at the Project level by the Contractor and the Unions involved in the dispute. If the dispute is not
resolved within seven (7) calendar days, it shall be settled and adjusted according to the
following process. Decisions rendered shall be final, binding and conclusive on the Contractors
and Unions party to this Agreement.

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 An Arbitrator using local industry standards shall be chosen from a list composed of
Keith Hunter, Judge Walter Kirimitsu, Judge Michael Town, Judge Riki May Amano, and Chief
Justice Ronald Moon. If any of these Arbitrators are unavailable, then Arbitrators for a
jurisdictional dispute shall be mutually agreed upon. The Arbitrator’s hearing on the dispute shall
be held at a mutually acceptable location within the state of Hawaii. Such award or resolution
shall not constitute a precedent for any other construction work covered by this Agreement.
All jurisdictional disputes shall be resolved without the occurrence of any strike, work
stoppage, or slow-down of any nature, and the Contractor's assignment shall be adhered to until
the dispute is resolved by agreement or arbitration award covering all employees who are
involved. Individuals violating this section shall be subject to immediate discharge.
ARTICLE XI – General Work Rules: Obligations of Contractor and Unions
Slowdowns, standby crews, and featherbedding practices will not be tolerated.
It is understood that the Project Contractor may establish reasonable project rules that
will be uniformly applied and adhered to by all Contractors, the Unions, and all employees.
These rules will be provided to all Contractors for the Contractor’s pre-job conference and made
available in writing to their Covered Employees. These rules shall be provided to the Unions.
Security procedures for the control of tools, equipment, and materials are the
responsibility of the Contractor. Covered Employees having in their possession without
authorization any property of the Contractor or of another employee shall be subject to
immediate discharge by the Contractor. The Contractor will be responsible for the establishment
of reasonable security measures for the protection of personal, company, and Contractor
property.
There shall be no restrictions on the use of any tools by any qualified employee in any
emergency situation endangering life, limb, or property; or on the use of any tools or equipment
for the performance of work within the Union’s jurisdiction, provided the employee can safely
use the tools and/or the equipment involved.
The selection of a craft foreman and general foreman and the number of same required
shall be entirely the right and responsibility of the Contractor.
The Contractor has the sole and exclusive right to assign specific Covered Employees
and/or crews to perform overtime work when such overtime work is necessary to accomplish the
job. The overtime work shall be assigned to Covered Employees and/or crew(s), to the extent
needed, who performed the work involved during the regular work day or work shift.
The Contractor shall provide a convenient and sanitary supply of drinking water and
sanitary drinking cups.
The Contractor shall provide adequate sanitary toilet facilities, water, and clean up
facilities to Covered Employees.
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 The Contractor shall provide a safe and secure place for storage of tools.
All required safety equipment will be provided by the Contractor.

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 ARTICLE XII – Safety, Environmental and Health
It shall be the responsibility of the Contractor to ensure safe working conditions and
employee compliance with any safety rules herein or established by the Contractor.
Covered Employees shall be bound by the safety, security and site access rules
established by the Contractor for the Project. These rules will be published and given to each
employee as part of their new-hire orientation, as well as posted throughout the Project.
The Contractor shall conduct safety meetings at least once a week for all Covered
Employees. Such mandatory meetings will be conducted on paid time. Attendance at such
meetings is mandatory and employees who do not attend may be subject to disciplinary action.
Covered Employees shall use, maintain, and care for personal protective equipment and
other health and safety equipment issued or assigned them. Proper use of the equipment is
mandatory, and failure to do so may result in disciplinary action up to and including discharge.
To further the health, safety and security of the work place, the Contractor and Unions
agree to implement the policy covering drugs and other controlled substances pursuant to Article
XII.
ARTICLE XIII – Substance Abuse Policy and Drug and Alcohol Testing Procedure
The parties to this CWA acknowledge the prohibition of the use, sale, transfer, purchase,
and/or possession of a controlled substance, alcohol, and/or firearms while on Project premises.
Additionally, all parties to this CWA agree to a “drug free” workplace policy, which prohibits
those working on this Project from having a level of alcohol which could indicate impairment,
and/or any level of controlled substances (i.e., illegal drugs) in their system. No employee shall
be permitted to work on the Project under the influence of intoxicants or drugs and shall be
removed from the Project if found under the influence of intoxicants or drugs.
To that end, the parties agree that all employees performing work under this CWA shall
be obligated and bound to their employer’s drug and alcohol prevention policies and programs,
whether those policies and procedures are contained in separate collective bargaining agreement
between the Union and Contractor or policies and procedures of a contractor that has no separate
collective bargaining agreement with the union. If a Contractor with no separate collective
bargaining agreement with a union has drug and alcohol prevention policies and procedures,
those policies and procedures shall be just as effective in preventing drug and alcohol abuse as
the policies and procedures contained in the corresponding collective bargaining agreement with
the union, and shall have no lower testing standards than contained in that agreement. The
Contractor shall provide a copy of those policies and procedures to the Union upon request. If a
Contractor with no separate collective bargaining agreement with a union has no drug and
alcohol prevention policies and procedures, those policies and procedures contained in the
corresponding collective bargaining agreement with the union shall apply.

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 ARTICLE XIV – Apprenticeship Program
All apprentices must be indentured in a state-approved apprenticeship program.
Contractors shall employ apprentices in their respective craft to perform work
customarily performed by the craft in which they are apprenticed and within their capabilities.
To promote training and employment opportunities for military veterans who are
interested in careers in the building and construction trades, the Contractor-Employer and Unions
agree, when appropriate, to utilize the services of the Center for Military Recruitment,
Assessment and Veterans Employment in the Center’s “Helmets for Hardhats” program to serve
as a resource for assessment for construction aptitude of the military veterans and for possible
referral to apprenticeship programs.
Consistent with any restriction contained in applicable federal and state law and
regulations, including those governing equal employment opportunity, prevailing wage and
apprenticeship requirements and limitations, the Contractor may employ registered apprentices.
Apprentice pay scales and ratios shall be governed by the appropriate Union’s joint
apprenticeship program.
ARTICLE XV – Wages, Hours, Etc.
The wages, hours, shift schedules, holidays, and other terms and conditions of
employment will be governed by the master agreement of the applicable craft.
ARTICLE XVI – Subcontracting: Obligations of Contractors
Contractor agrees that it will not subcontract any Covered Work to be performed on a
Covered Project, except to an individual firm, partnership, corporation, or any combination
thereof or joint venture that signs an Agreement To Be Bound and thereby agrees to become a
Contractor subject to this CWA.
ARTICLE XVII – Joint Administrative Committee
The parties to this CWA shall establish a four (4) person Joint Administrative Committee
(JAC). This JAC shall be comprised of a management party made up of two (2) representatives
selected by the City, including one Contractor who has signed the Agreement To Be Bound
during the term of this CWA; and a labor party made up of two (2) representatives from the
Unions of which one representative shall be a member in good standing, officer or administrator
of the Hawaii Building and Construction Trades Council, and one representative shall be a
member in good standing, officer or administrator of the Hawaii Construction Alliance. Each
representative shall designate an alternate who shall serve in his or her absence for any purpose
contemplated by this CWA.
The JAC shall not be involved in or rule upon any individual grievances. Outside of the
context of an individual grievance, the JAC will resolve any interpretations or clarifications of
this CWA that may be required by the Unions and/or the Contractor by majority vote with such
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 resolutions to be binding on all signatories of this CWA as provided herein. Any question
regarding the meaning, interpretation, or application of the provisions of this CWA, shall be
referred directly to the JAC for resolution prior to such question being referred to arbitration in
the event the JAC is unable to resolve the question. Such resolutions or clarifications shall be
reduced to writing, jointly signed by the JAC and distributed to the signatory parties to this
CWA. Labor and management shall each have one equal vote at JAC meetings regardless of the
number of attendees. Labor and management shall jointly chair the JAC. In addition to its charter
to rule on interpretations or clarifications to this CWA, the JAC shall annually review the
effectiveness of the CWA in meeting the CWA goals of:
a.

No construction Work Disruption on this Project.

b.

Reducing friction that may arise when union and open shop employees are
working at a common jobsite.

c.

High quality, cost effective construction work.

d.

Providing training opportunities for local craft workers.

e.

Ensuring compliance with health and safety policies and laws.
ARTICLE XVIII – No Discrimination

The Contractor and Unions shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, age, disability, sexual
orientation, marital status, ancestry, arrest or court record, or any other protected status pursuant
to federal or state law or regulations.
All covered projects shall comply with and be in accordance with the right to organize for
the purpose of collective bargaining guaranteed under Article XIII, Sections 1 and 2, of the State
Constitution, and the operation and maintenance of facilities that are constructed pursuant to this
CWA shall be consistent with the merit principle under Article XVI, Section 1, of the State
Constitution.
Contractor agrees that it will not subcontract any Covered Work to be performed on a
Covered Project, except to an individual firm, partnership, corporation, or any combination
thereof or joint venture that signs an Agreement To Be Bound and thereby agrees to become a
Contractor subject to this CWA. Any Contractor working on Covered Project shall, as a
condition to working on said Project, perform all work under the terms of Article XV –
Subcontracting:
Obligations
of
Contractors.
ARTICLE XIX – Savings Clause
This document contains the entire agreement of the parties, and no party has made any
representations to another party which are not contained herein. This CWA is intended to fully
conform to all applicable statutes, regulations, and Executive Orders. Should any provision
herein contained be rendered or declared invalid by reason of any existing legislation or by any
decree of a court of competent jurisdiction, such invalidation of such part or portion of this CWA
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 shall not invalidate the remaining portions thereof, and they shall remain in full force and effect.
The parties shall immediately meet to renegotiate the portion or portions thereof rendered
invalid.
ARTICLE XX – Duration
The CWA shall become effective upon the execution by the City, the HBCTC, and the
HCA, and must be in effect for a five-year term, and unless otherwise ordered by the City, will
roll over for successive five-year terms thereafter. Amendments and modifications to the CWA
may be made by mutual agreement of the parties.
The CWA shall apply until the completion of any individual Covered Project regardless
of the CWA term.
ARTICLE XXI – Execution in Counterparts
This Agreement may be executed in counterparts, such that original signatures may
appear on separate pages and when bound together all necessary signatures shall constitute an
original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be
deemed the equivalent of original signatures.
This Community Workforce Agreement is executed on this ____ day of _____________,
2020, Honolulu, Hawaii.
City and County of Honolulu

Approved as the Form and Legality:

__________________________________
Mayor

______________________________
Deputy Corporation Counsel

Hawaii Building & Construction Trades Council

Hawaii Construction Alliance

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 UNION SIGNATURES
The undersigned Unions hereby agree to comply with all of the terms and conditions of Covered
Projects.
It is understood that this signing shall be as binding on the undersigned Unions as though they
signed the above-referenced Community Workforce Agreement.

Iron Workers Local 625

Ironworkers Local 625S

Date

Date

United Union of Roofers,
Waterproofers & Allied Workers
Local 221

International Union of Heat &
Frost Insulators & Allied
Workers Local 132

Date

Date

IBUAC, AFL-CIO Local 1 Hawaii

Plumbers & Fitters UA Local 675

Date

Date

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 International Brotherhood of
Electrical Workers Local 1186

International Association of Sheet
Metal, Air, Rail & Transportation
Local 293

Date

Date

Hawaii Regional Council of
Carpenters

International Union of
Operating Engineers Local 3

Date

Date

Laborers’ International Union of
North America Local 368

Operative Plasterer’s & Cement
Masons International Association
Local 630

Date

Date

Hawaii Teamsters & Allied
Workers Local 996

International Union of Elevator
Constructors Local 126

Date

Date

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 International Brotherhood of
Boilermakers Local 627

Date

District Council 50 International
Union of Painters & Allied Trades
Local 1791
Glaziers, Architectural Metal &
Glass Workers Local 1889
Carpet, Linoleum & Soft Tile
Local 1926
Drywall, Tapers & Finishers
Local 1944

Date

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 ATTACHMENT “A”
AGREEMENT TO BE BOUND
This is to certify that the undersigned Contractor has examined a copy of the Community
Workforce Agreement between the City and County of Honolulu, the Hawaii Building and
Construction Trades Council, and its Affiliated Labor Union, and the Hawaii Construction
Alliance, and its Affiliated Labor Unions (“CWA”). The undersigned Contractor hereby agrees
to comply with all of the terms and conditions of the CWA on this Covered Project, entitled
_[Name of Project]_.
It is understood that the signing of this Agreement To Be Bound shall be as binding on
the undersigned Contractor as though the Contractor had signed the above-referenced CWA. The
Contractor further agrees that all of its subcontractors, of whatever tier, shall execute this
Agreement To Be Bound and agree to be bound by the CWA for all work within the scope of this
Covered Project, entitled _[Name of Project]_.
The Contractor agrees to pay contributions to the bona fide fringe benefit trust funds
established by the applicable Master Agreement(s) for each hour worked on the Covered Project,
in the amounts designated in the applicable Master Agreement(s). By signing this Agreement To
Be Bound, the Contractor adopts and agrees to be bound by the legally established trust
agreements governing such trust funds, which may from time to time be amended. The
Contractor authorizes the parties to such trust agreements to appoint trustees and successor
trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed.
The Contractor agrees to execute a separate subscription agreement in the event the trust funds
so require.
CONTRACTOR/SUBCONTRACTOR:_____________________________________________
Contractor State License # or Motor Carrier Permit #: __________________________________
Name of Authorized Person (print): ________________________________________________
Signature of Authorized Person: ___________________________________________________
Title of Authorized Person: _______________________________________________________
Telephone Number of Authorized Person:____________________________________________
Address of Authorized Person:_____________________________________________________
______________________________________________________________________________

42266555.1
43273887.1

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