Legal Labor Peace Letter

LEGAL LABOR PEACE LETTER

This Labor Peace Letter (the Letter) is entered into as of Effective Date: by and between Company Name: with principal place of business at and Labor Organization Name: with principal office at (collectively, the Parties).

Recitals

WHEREAS, Company conducts operations described as: at locations within the geographic scope set forth below; and

WHEREAS, Labor Organization represents and organizes or seeks to represent employees engaged in the work described above and is willing to commit to assurances to avoid disruptive work actions in exchange for the assurances provided by Company; and

WHEREAS, the Parties desire to set forth their mutual commitments regarding labor peace, communication, and dispute resolution during the term of this Letter.

NOW THEREFORE

In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

1. Definitions

1.1 "Covered Employees" means employees performing work for Company in classifications and job sites within the Scope described as: .

1.2 "Disruptive Activity" means strikes, work stoppages, slowdowns, picketing, secondary boycotts, mass informational picketing intended to prevent access to a site, or other concerted conduct intended to restrict or delay Company operations.

2. Company Commitments

2.1 Non-Interference. Company shall not discipline, discharge, retaliate against, or otherwise interfere with any employee for lawful union activity, nor shall Company authorize management or third parties to engage in such conduct.

2.2 Neutrality and Communications. During the term of this Letter Company will remain neutral with respect to employees' choice of representation and will not make promises of benefits that are conditioned on a change in employee representation. Company may communicate factual information to its employees regarding terms and conditions of employment and this Letter.

2.3 Subcontractors. Company shall use commercially reasonable efforts to require material subcontractors performing Covered Work to abide by the material provisions of this Letter applicable to Company. Company shall not subcontract work for the purpose of undermining labor peace or avoiding recognition or bargaining obligations.

3. Labor Organization Commitments

3.1 No Disruptive Activity. Labor Organization agrees that during the term of this Letter it will not engage in, authorize, or ratify any Disruptive Activity with respect to Company operations, Covered Employees, or Company contractors and subcontractors.

3.2 Internal Remedies. Labor Organization agrees to use its internal processes for resolving disputes with Company and to give Company reasonable notice and an opportunity to meet before any public labor action contemplated by the Organization that could reasonably be expected to be disruptive.

4. Recognition and Bargaining

4.1 This Letter does not by itself require Company to recognize or bargain with Labor Organization unless and until a lawful and final determination of appropriate bargaining representation is made pursuant to applicable law or the Parties otherwise agree in writing. The Parties acknowledge that obligations set forth in this Letter survive pending efforts to determine representation.

5. Dispute Resolution

5.1 In the event of a bona fide dispute arising under this Letter, the Parties shall first confer in good faith at the request of either Party. If the dispute is not resolved within ten (10) business days, the Parties shall submit the matter to non-binding mediation by a mediator mutually agreed to by the Parties. If mediation fails, either Party may pursue any available legal or equitable remedies.

6. Term and Termination

6.1 Term. This Letter shall commence on the Effective Date and shall continue for a period of years unless earlier terminated as provided herein.

6.2 Early Termination. Either Party may terminate this Letter for material breach by the other Party if the breaching Party fails to cure the breach within thirty (30) days after receipt of written notice specifying the breach.

7. Confidentiality

7.1 Except as required by law or to enforce this Letter, neither Party shall disclose the terms of this Letter to third parties without prior written consent of the other Party. Notwithstanding the foregoing, Company may disclose the existence of this Letter to contractors, lenders, and regulatory authorities where disclosure is necessary.

8. Notices

All notices required or permitted under this Letter shall be in writing and delivered personally, by certified mail (return receipt requested), or by commercial overnight carrier to the Parties at the addresses set forth below or to such other address as either Party may specify by notice.

9. Assignment and Successors

This Letter shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. Company shall give written notice to Labor Organization of any assignment of this Letter to an entity that will continue the operations covered hereunder.

10. Governing Law; Venue

This Letter shall be governed by and construed in accordance with the laws of the State of without regard to choice-of-law principles. Venue for any litigation shall be in the state or federal courts located in .

11. Entire Agreement; Amendment; Waiver; Severability

11.1 Entire Agreement. This Letter constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral and written agreements relating to labor peace for the Covered Employees.

11.2 Amendment. No amendment or modification to this Letter shall be effective unless in writing and signed by authorized representatives of both Parties.

11.3 Waiver. The failure of either Party to enforce any provision of this Letter shall not be construed as a waiver of such provision or of the right to enforce such provision in the future.

11.4 Severability. If any provision of this Letter is held to be invalid or unenforceable, the remainder of this Letter shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the Parties' original intent.

12. Miscellaneous

12.1 Counterparts. This Letter may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12.2 Remedies. The Parties acknowledge that a breach of this Letter may cause irreparable harm for which monetary damages would be an inadequate remedy and agree that equitable relief, including injunction and specific performance, shall be available.

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