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5.
OMCA shall submit its final position with regard to amendments to
the Appendix to the Arbitrator with a copy to the Union and Local
527 and the Union and Local 527 shall likewise submit its final
proposal for amendment (if any) to the Appendix to the Arbitrator.
6.
It is agreed that in making their proposals neither party shall refer
to the BACU/OPC ICI Collective Agreement.
7.
The Arbitrator shall, at his or her sole discretion, hold hearings or
request further clarification form either party, and if satisfied that
the terms of the Appendix place the Employer(s) at a competitive
disadvantage, the Arbitrator shall choose the Proposal for
Amendment to the Appendix which removes the competitive
disadvantage. Such selection shall be made within fourteen (14)
calendar days of the date of the referral by OMCA and shall amend
the Appendix as proposed. The Arbitrator shall provide reasons for
his or her selection if requested by the parties.
8.
The Arbitrator shall select the final proposal which most achieves
the objective of ensuring that the employer is competitive with the
least changes to the Appendix.
9.
No amendment(s) pursuant to this Letter of Understanding will
have application following the completion of the targeted project.
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Trade Appendix - Masonry Tenders