Enforcement of Bond Obligation. Notwithstanding anything to the contrary elsewhere in this Agreement, the Union is not required to utilize the grievance or arbitration procedure if an Employer that may be required to post a payment bond fails to do so within 10-days of the time the Union submits a written request to the Employer to do so. The Union may, upon expiration of such 10-days, seek immediate relief in any Court of proper jurisdiction. If the Union utilizes this provision of the Agreement to obtain an order from a Court requiring an Employer to furnish a payment bond, the Union shall be entitled to recover, from that Employer, all reasonable legal fees and costs as part of the legal action without resorting to the Grievance of Arbitration procedure. Notwithstanding anything to the contrary elsewhere in this Agreement, if an Employer that is required to post a payment bond fails to do so within 10-days of the time the Union submits a written request to the Employer to do so, the Union may. at its sole discretion, withdraw the employees of the Employer or to take other economic action, and may publicize its disputes with the Employer regarding the obligation to post a bond. The Union’s rights to engage in such actions and to take other steps as described in this Section to obtain a bond are cumulative. No decision or action by the Union to use one or more methods of seeking to obtain a bond from one Employer, but not from another Employer, will be deemed to violate the Most Favored Nations Clause of the Agreement.
Enforcement of Bond Obligation. No Employer that fails to provide a bond within ten (10) days of the time the Union submits a written request that it provide a bond may continue to perform work covered by this Agreement until it provides the bond as requested, unless it obtains an award or order providing otherwise from the JAB, another arbitrator, or a court. Notwithstanding anything to the contrary elsewhere in this Agreement, the Union is not required to utilize the grievance or arbitration procedure if an Employer that may be required to post a payment bond fails to do so within ten days of the time the Union submits a written request to the Employer to do so. The Union may, upon expiration of such ten days, seek immediate relief in any court of proper jurisdiction. If the Union utilizes this provision of the Agreement to obtain an order from a court requiring an Employer to furnish a payment bond, the Union shall be entitled to recover from that Employer all reasonable legal fees and costs incurred, and shall be entitled to recover such fees and costs as a part of the legal action without resorting to the grievance or arbitration procedure. Notwithstanding anything to the contrary elsewhere in this Agreement, if an Employer that is required to post a payment bond fails to do so within ten days of the time the Union submits a written request to the Employer to do so, the Union may, at its sole discretion, withdraw the employees of the Employer or take other economic action, and may publicize its dispute with the Employer regarding the obligation to post a bond. The Union’s rights to engage in such actions and to take other steps as described in this Section to obtain a bond are cumulative. No decision or action by the Union to use one or more methods of seeking to obtain a bond from one Employer but not from another Employer will be deemed to violate the Most Favored Nations Clause of the Agreement.
