CONSTRUCTION PROJECT LABOR AGREEMENT

EXHIBIT 10.14

CONSTRUCTION PROJECT LABOR AGREEMENT

FOR

Blackhawk Biodiesel Plant

IN

Freeport, Illinois

BETWEEN

Weitz Industrial, LLC

AND

The Craft Local Unions Affiliated with the Northwestern Illinois
Building and Construction Trades Council

TABLE OF CONTENTS

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PROJECT LABOR AGREEMENT

This Project Labor Agreement (hereinafter the “Agreement”) is entered into on March 16, 2007, by and between Blackhawk Biofuels, LLC (“Owner”) and the individual building trade unions as set forth in Article XX.  This Agreement shall only apply to work performed by the Owner and its Contractors and Sub-contractors on the construction project known as the Freeport Biodiesel Plant (hereinafter referred to as the “Project”).

ARTICLE I - INTENT AND PURPOSES

1.1            It is mutually understood that the following terms and conditions relating to employment of workmen covered by this Agreement have been written in order to promote efficiency of construction operations and provide for peaceful settlement of labor disputes without strikes or lockouts, thereby promoting and assuring the timely and economical completion of the work.  It is also the intent of the parties to set out standard working conditions for the efficient prosecution of said construction work, herein to establish and maintain harmonious relations between all parties of the Agreement, to secure optimum productivity and to eliminate strikes, lockouts or delays in the prosecution of the work.

(a)            Therefore, the following provisions will be binding upon the Owner, its Contractors and Sub-contractors (herein jointly referred to as the “Contractor”), who shall be required to sign the “Participation Agreement”, attached hereto as “Schedule A” and the Unions during the term of this Agreement and any renewal thereafter, the Unions hereby consent to apply the terms and conditions of this Project Labor Agreement to said sub-contractors upon their signing the “Participation Agreement”.  It is understood that each sub-contractor will be considered and accepted by the Unions as a separate employer for the purposes of collective bargaining.  This Agreement may be modified by mutual consent in writing by the parties’ signatory hereto.

1.2            The Contractor agrees to be bound by the terms of the Collective Bargaining Agreements and Amendments with the individual building trades unions listed in Article XX and the applicable employers association, if any.  Such agreements are incorporated herein by reference.  In order to comply with the requirements of the various fringe benefit funds to which the “Contractor” is to contribute, the individual Contractor or Subcontractor shall sign such participation agreements as are required by the individual collective bargaining agreements.  Upon written notice of delinquency from a union fringe benefit fund administrator or manager, Blackhawk Biofuels, LLC shall withhold payment to the contractor or subcontractor of an amount sufficient to cover any delinquency occurring on this project.

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1.3            It is mutually understood that where the provisions of this Agreement are at variance with any other agreement between the Contractor and the Union, the language of this Agreement shall prevail.

1.4            The Contractor and the Union agree that should the Collective Bargaining Agreement (CBA) of any Northwestern Illinois Building & Construction Trades Council (N.W.I.B.C.T.C.) Affiliate signatory to this Agreement expire prior to the completion of this project, the expired contracts’ terms will be maintained until a new CBA is ratified.  Any changes shall be implemented on the date of the new contract or as agreed to by the bargaining parties.

1.5            If a locally bargained agreement contains terms and conditions more favorable to the Contractors than this Agreement, they will be incorporated and become part of this Agreement.

ARTICLE II - RECOGNITION

2.1            The Contractor recognizes the signatory local unions as the sole and exclusive bargaining representatives for all craft employees employed on the job site.   Signatory local unions to this Agreement will have recognition on the project for their craft.

ARTICLE III - ADMINISTRATION OF AGREEMENT

3.1            In order to assure that all parties have a clear understanding of the Agreement, to promote harmony and address potential problems, a Pre-Job conference will be held with the Contractor, NWIBCTC affiliates and all signatory parties prior to the start of any work on the project by that Contractor.

3.2            Representatives of the Contractor and the NWIBCTC affiliates shall meet as required but not less than once a month to review the operation of this Agreement.  The representatives at this meeting shall be empowered to resolve any dispute over the intent and application of the Agreement.

3.3            The Contractor shall make available in writing to the NWIBCTC, no less than one week prior to these monthly meetings a job status report, planned activities for the next thirty (30) day period, actual numbers of craft employees on the project and estimated numbers of employees by craft required for the next thirty (30) day period.  The purpose of this report is to allow time to address any potential jurisdictional problems and to ensure that no party signatory to the Agreement is hindering the continuous progress of the project through a lack of planning or shortage of manpower.

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ARTICLE IV - HOURS OF WORK, OVERTIME SHIFTS & HOLIDAYS

4.1            The standard work day shall be an established consecutive eight and one half (8 1/2) hour period between the hours of 6:00 A.M. and 6:30 P.M. with one-half (½) hour designated as an unpaid period for lunch which shall be established at a Pre-Job conference.  The standard work week shall be five (5) consecutive days of work commencing on Monday.  Starting time which is to be established at the Pre-Job conference will be applicable to all craft employees on the project.  Should job conditions dictate a change in the established starting time and/or a staggered lunch period on certain work of the project or with individual crafts, the Contractor may make such changes only with the mutual agreement of the Business Representative’s of the crafts involved and the NWIBCTC affiliates. If the work schedule change cannot be mutually agreed to between these parties, the hours fixed in the Agreement shall prevail.

4.2            All time before and after the established work day of eight (8) hours Monday through Friday and all time on Saturday shall be paid in accordance with each craft’s current collective bargaining agreement.  All time on Sundays and Holidays shall be paid for at the rate of double time.

(a)            Fringe benefit payments for all overtime work shall be paid in accordance with each craft’s current collective bargaining agreement.

4.3            Shift work, if used, shall be as provided in the Collective Bargaining Agreement of each affected craft.

4.4            Recognized holidays shall be as follows: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Veterans Day (to be celebrated the day after Thanksgiving), Thanksgiving Day and Christmas Day.  No work shall be performed on Labor Day under any consideration, except in an extreme emergency and then only after consent is given by the Business Managers of the crafts involved.  If a holiday falls on a Saturday it will be observed on a Friday.  If it falls on a Sunday it will be observed on a Monday.

ARTICLE V - ABSENTEEISM

5.1            The Contractor and the Union agree that the chronic and/or unexcused absenteeism is undesirable and must be controlled.  Employees that develop a record of such absenteeism shall be identified by the Contractor to the appropriate referral facility and the Contractor shall support such action with the work record of the involved employee.  Any employee terminated for such absenteeism shall not be eligible for rehire on the project for a period of no less than ninety (90) days.

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ARTICLE VI - MANAGEMENT RIGHTS

6.1            The Contractor retains and shall exercise full and exclusive authority and responsibility for the management of its operations except as expressly limited by the terms of this Agreement and the Collective Bargaining Agreements referenced in Article I.

ARTICLE VII - GENERAL WORKING CONDITIONS

7.1            Employment begins and ends at the project site.

7.2            Employees shall be at their place of work at the starting time and shall remain at their place of work until quitting time.  The parties reaffirm their policy of a fair days work for a fair days pay.  Rules regarding these procedures will be established at the Pre-Job conference.

7.3            The Contractor may utilize brassing, or other systems to check employees in and out.  Should such procedures be required, the techniques and rules regarding such procedures shall be established by mutual consent of the parties at the Pre-Job conference.

7.4            Crew foreman shall be utilized as per the existing collective bargaining agreements. The Contractor agrees to allow crew foremen ample time to direct and supervise their crew.

7.5            In accordance with each craft’s collective bargaining agreement, the Contractor may utilize the most efficient methods or techniques of construction, tools or other labor saving devices to accomplish the work.

7.6            Should overtime work be required, the Contractor will have the right to perform such overtime work as is necessary to accomplish the work following craft guidelines.  Overtime work shall be divided as equally and impartially as possible amongst the employees.

7.7            The Contractor may establish such reasonable project rules as the Contractor deems appropriate.  These rules will be reviewed and established at the Pre-Job conference and posted at the project site by the Contractor.

7.8            It is recognized that specialized or unusual equipment may be installed on the project and in such cases, the Union recognizes the right of the Contractor to involve the equipment supplier or vendor’s personnel in supervising the setting of the equipment, modifications and final alignment which may be necessary prior to and during the start-up procedure, in order to protect factory warranties.

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7.9            In order to promote a harmonious relationship between the equipment or vendor’s supervising personnel and the Building Trades craftsmen, a meeting shall be held between the Contractor and the NWIBCTC prior to any involvement on the project by these supervising personnel.  The Contractor will inform the NW