EXISTING AND OTHER AGREEMENTS. A. All existing labor agreements between the Employer and the Union for works covered by this Agreement are hereby canceled by mutual consent. This Agreement is an engineering construction agreement covering prevailing and non-prevailing wage work.
B. This Agreement shall be deemed to have been executed on June 16, 2011 when the parties signing shall have affixed their signatures hereto. There shall be retroactive application of: 1) changes in wages pr employee benefit of any kind, 2) trust fund or other contributions, or 3) obligations upon employees.
C. It is the determination of the Union; unilaterally arrived at, that the prevailing wages and fringe benefits established by this Master Labor Agreement can best be maintained by insuring uniform conditions and benefits for all the workers it represents in its work and territorial jurisdiction. To this end, the parties have agreed that in the event the Union shall negotiate different terms and conditions of employment for employees performing jobsite construction industry work in classifications similar to those set forth in the territorial jurisdiction of the Union, the Association will be notified and such terms and conditions shall be made available to the Employers. No Employer signatory to this Master Labor Agreement shall be required to provide terms or conditions of employment under this Master Labor Agreement any more favorable than such terms and conditions contained in any other agreement concerning jobsite construction work in San Diego County, with the sole exception being conditions under a project agreement negotiated pursuant to subparagraph 3 below.
1. Any term or condition granted by the Union to any Employer, whether or not such Employer is a signatory member of the Association, may be adopted on a pick and choose basis for each individual item of such agreement, by Employers signatory to this Master Labor Agreement. The term or condition adopted by signators to this Agreement may be implemented by such Employers on any or all projects for the duration of this Agreement. Prior to granting any Employer such more favorable term or condition, the Union shall give the Association written notice of its intention to grant the more favorable term or condition. If the Union fails to give such notice, each Employer signatory to this Agreement can thereafter rescind this Agreement as it applies to each such Employer, or pursue a claim against the Union for money damages, through the grievance proce...
EXISTING AND OTHER AGREEMENTS. A. In the event the Union establishes special conditions for work covered by this Agreement, those special conditions shall be made available to the Contractor or individual Contractors who wish to perform the designated work in the same locality.
B. The Union will promptly notify the Employer in writing of any amendment, modification, exception or addendum of this Agreement which might be negotiated in any area covered by this Agreement between the Union, an individual employer or group of individual employers. No contractor signatory hereto shall be required to pay higher wages or be subject to less favorable working conditions than those applicable to other Contractors employing workers covered by the terms of this Agreement.
C. The provisions of the Article will not apply to special projects, jobsite Agreements or MBE/WBE/DBE public works Agreements which may be negotiated in any area covered by Agreements.
D. This Agreement shall be deemed to be executed when the parties signing shall have affixed their signatures hereto. Before accepting as an affiliate or issuing a charter to a local Union in the area herein defined, the Union shall be required as a condition of such affiliation that said local Union be bound by the terms hereof.
EXISTING AND OTHER AGREEMENTS. A. No Contractor, party hereto, shall be required to pay higher wages or be subject to less favorable working conditions than those applicable to other Contractors employing workmen covered by the terms of this Agreement performing similar work in the area covered by this Agreement, with the exception as set forth in Article XVII.
B. The parties to this agreement recognize and agree that this agreement was negotiated with the understanding that it’s intent was to cover Employers (Contractors) that are primarily involved in the construction contracting business. It is also expressly understood that Employers shall not become signatory to this Agreement for the purpose of subterfuge of the terms and conditions of any other agreement. Any violation or perceived violation is subject to the grievance procedure. The parties recognize that the Union has an Agreement with the Dredging Association of California covering dredging work which overlaps with dredging work covered by this Agreement but which also covers dredging work not covered by this Agreement. In the event the Union contends that an Employer is misapplying this Agreement to dredging work and that the Dredging Association Agreement covers such work, the dispute shall be submitted for resolution under Article V of this Agreement. If it is decided that the work in dispute is not covered by this Agreement and is covered by the Dredging Association Agreement, the Employer shall retroactively to the date of the commencement of the work apply all of the wages, hours and working conditions of the Dredging Association Agreement to the work. In making such determination the historical custom and practice in the Southern California area shall be controlling.
EXISTING AND OTHER AGREEMENTS. A. The Employer shall be bound by all of the terms and provisions of this Agreement, and any San Diego County Short Form Jobsite Agreement such Employer has with the Union is hereby superseded by mutual consent between the parties as it applies to San Diego County.
EXISTING AND OTHER AGREEMENTS. 1101. No contractor, party hereto, shall be required to pay higher wages or be subject to less favorable working conditions than those applicable to other Contractors employing workmen covered by the terms of this Agreement, performing similar work in the area covered by this Agreement, with the exception as set forth in Paragraph 1102 below.
EXISTING AND OTHER AGREEMENTS. A. No Contractor, party hereto, shall be required to pay higher wages or be subject to less favorable working conditions than those applicable to other Contractors employing workmen covered by the terms of this Agreement performing similar work in the area covered by this Agreement, with the exception as set forth in Section C, Article XVIII.
B. The parties to this Agreement recognize and agree that this Agreement was negotiated with the understanding that its intent was to cover Employers (Contractors) that are primarily involved in the construction contracting business. It is also expressly understood that Employers shall not become signatory to this Agreement for the purpose of subterfuge of the terms and conditions of any other Agreement. Any violation or perceived violation is subject to the grievance procedure. When a Contractor member receives an award for a dredging job or project, the Contractors will be bound by all the terms and conditions of the Master Dredging Agreement between the International Union of Operating Engineers, Local Union No. 12 and the Dredging Contractors Association of California.
EXISTING AND OTHER AGREEMENTS. All existing labor agreements between the Employer and the Union for works covered by this Agreement are hereby canceled by mutual consent. This Agreement is a building construction agreement, covering projects of type I and II construction for work performed by the contractor’s own forces inside the building line.
EXISTING AND OTHER AGREEMENTS. 1201 In the event the Union establishes special conditions for work covered under this Agreement when performed in specified areas covered by this Agreement, those same conditions shall be made available to any Employers who wish to perform that designated work in that same area.
1201.1 The provisions of this paragraph will not apply to any Special Project Agreements which may be negotiated in any area covered by this Agreement.
1201.2 The Union will promptly notify the Employer, in writing, of any special conditions which are negotiated in any specified area covered by this Agreement between the Union and any Employer or group of Employers.
EXISTING AND OTHER AGREEMENTS. In the event the Union establishes special conditions for work covered under this Agreement when performed in specified areas covered by this Agreement, those same conditions shall be made available to any Employers who wish to perform that designated work in that same area.
EXISTING AND OTHER AGREEMENTS. This Agreement shall supersede any previous employment agreements, written, verbal, implied or otherwise. It shall supersede any previous negotiations or discussions of any nature. This Agreement shall not affect or supersede the following existing agreements between Employee and Cubic: Invention and Secrecy, Conflict of Interest, Corporate Ethical Conduct and Arbitration Agreements.
