DOUBLE BREASTING. In order to protect and preserve, for the employees covered by this Agreement, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity, including a joint-venture, wherein the Employer, through its officers, directors, partner or stockholders, exercise either directly or indirectly, management, control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work.
DOUBLE BREASTING. To protect and preserve, for the employees covered by this agreement, all work they perform and all work covered by this agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If contractor performs on-site construction work of the type covered by this agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the contractor, through its officers, directors, partners, owners, or stockholders exercises directly or indirectly (including but not limited to management, control, or majority ownership through family members), management, control or majority ownership, the terms and conditions of this agreement shall be applicable to all such work. This rule is for a one (1) year period commencing July 1, 2008 to June 30, 2009. This rule shall be evaluated by the joint trade board and can be extended for one (1) year periods if agreed to by the joint trade board (there shall be no arbitration to resolve any lack of agreement).
DOUBLE BREASTING. In the event that any Employer creates and/or uses another corporation or other entity, over which the Employer has a direct financial interest, or exercises direct or indirect control, for the purpose of, or which has the effect of avoiding its obligations hereunder ("double breasting"), the Union shall be entitled to liquidated damages in the amount of $10 ,000 for each provable occurrence. The Union may also bring charges with the Joint Trade Board The Funds may also take any action the Trustees of the Funds deem appropriate against the Employer either in Court or Arbitration. "Double breasting" is to be distinguished from subcontracting, which is an arm's length transaction between two wholly separate and independent entities. Subcontracting is dealt with in other Articles of this Agreement
DOUBLE BREASTING. In order to protect and preserve, for the employees covered by this Agreement, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity, including a joint-venture, wherein the employer, through its officers, directors, partner or stockholders, exercise either directly or indirectly, management, control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work.
DOUBLE BREASTING. In the event that any Employer creates and/or uses another corporation or other entity, over which the Employer has a direct financial interest, or exercises direct or indirect control, for the purpose of, or which has the effect of avoiding its obligations hereunder (“double breasting”), the Union shall be entitled to liquidated damages in the amount of $10,000 for each provable occurrence to be paid into a P.I.I.A.F. (Painting Industry Insurance and Annuity Fund). “Double breasting” is to be distinguished from subcontracting, which is an arm’s length transaction between two wholly separate and independent entities. Subcontracting is dealt with in the Mainframe Agreement. Any dispute between parties regarding this provision shall be resolved by submission thereof to an arbitrator appointed by the American Arbitration Association.
