Common use of EXISTING AND OTHER AGREEMENTS Clause in Contracts

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 procedure provided below. 2. When an Employer signatory to this Agreement wishes to use a non-signatory Subcontractor to perform jobsite construction work, and if such Employer requests the Union to do so, the Union will make available to the Subcontractor a project-only agreement which will adopt the terms and conditions of this Master Labor Agreement, for that project only. The Subcontractor shall have the option of providing its own Employees to perform work covered by the project-only agreement, or it may request the dispatch of employees from the hiring hall. Any such workers covered by the Subcontractor’s project-only agreement will be subject to the union security provisions contained in this Agreement. 3. It is understood and agreed by the parties hereto that when situations arise that require separate single project agreements covering work to be performed on specific identified construction projects in the geographic area covered by this Agreement, to protect the interests of the Employers and promote jobs for Union members, such single project agreements will be negotiated in advance and the terms and conditions of these project agreements will be made available to all signatories hereto to protect the competitive bidding process on that specific geographic job area. Any rates or conditions negotiated in these special single project agreements will not give any Employer signatory hereto the right to claim such rates and conditions for work performed on geographic jobsite locations other than that specifically defined in the special project agreement(s). 4. Where the Employer determines that he is at a competitive disadvantage, the Union, in concert with other affected construction trade Unions in San Diego County, with whom the Employer has signatory status, may agree to reduce the terms and conditions of this agreement, to a level that will allow the employer to compete equally on any job or project.

EXISTING AND OTHER AGREEMENTS. A. All existing labor agreements between the Employer and the Union for works work covered by this Agreement are hereby canceled by mutual consent. This Agreement is an engineering a building construction agreement covering prevailing and non-prevailing wage workagreement. 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; Unions 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 this Agreement 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 2 below. 1. Any term or condition terms and conditions granted by the Union to any Employer, whether or not such Employer is a signatory member of the Association, Association may be adopted on a pick and choose basis for each individual item of such that specific work covered by this agreement, by Employers signatory to this Master Labor Agreement, provided the Employer abides by all of the terms and conditions. The term or condition terms and conditions adopted by signators signatories to this Agreement Agr eement may be implemented by such Employers on any or all projects for the duration of this that Agreement. Prior to granting any Employer such more favorable term or conditionterms and conditions, 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 procedure provided belowterms and conditions. 2. When an Employer signatory to this Agreement wishes to use a non-signatory Subcontractor to perform jobsite construction work, and if such Employer requests the Union to do so, the Union will make available to the Subcontractor a project-only agreement which will adopt the terms and conditions of this Master Labor Agreement, for that project only. The Subcontractor shall have the option of providing its own Employees to perform work covered by the project-only agreement, or it may request the dispatch of employees from the hiring hall. Any such workers covered by the Subcontractor’s project-only agreement will be subject to the union security provisions contained in this Agreement. 3. It is understood and agreed by the parties hereto that when situations arise that require separate single project agreements covering work to be performed on specific identified construction projects in the geographic area covered by this Agreement, to protect the interests of the Employers and promote jobs for Union members, such single project agreements will be negotiated in advance and the terms and conditions of these project agreements will be made available to all signatories hereto to protect the competitive bidding process on that specific geographic job areajobsite location. Any rates or conditions negotiated in these special single project agreements will not give any Employer signatory hereto the right to claim such rates and conditions for work performed on geographic jobsite locations other than that specifically defined in the special project agreement(s). 4. Where the Employer determines Single project agreements that he is at a competitive disadvantage, the Union, in concert with other affected construction trade Unions in San Diego County, with whom the Employer has signatory status, may agree to reduce do not change the terms and conditions contained herein, may be negotiated by the parties at any time during the life of this agreement, to a level that will allow the employer to compete equally on any job or project.

EXISTING AND OTHER AGREEMENTS. A. All existing labor agreements Agreements between the Employer and the Union for works work 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 no retroactive application of: : 1) changes . Changes in wages pr or employee benefit benefits of any kind, , 2) trust . Trust fund or other contributions, or or 3) obligations . 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 work it represents in its work and territorial jurisdiction. To this end, the parties 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 this Agreement 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 Agreement concerning jobsite construction work in San Diego County, with the sole exception being conditions under a project agreement Project Agreement negotiated pursuant to subparagraph 3 Subparagraph 2 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 procedure provided below. 2. When an Employer signatory to this Agreement wishes to use a non-signatory Subcontractor contractor in accordance with the terms of Section 25, to perform jobsite job site construction work, and if such Employer requests the Union to do so, the Union will make available to the Subcontractor subcontractor a projectProject-only agreement Only Agreement which will adopt the terms and conditions of this Master Labor Agreement, for that project only. The Subcontractor subcontractor shall have the option of providing its own Employees workers to perform work covered by the projectProject-only agreementOnly Agreement, or it may request the dispatch of employees from the hiring hall. Any such workers covered by the Subcontractor’s projectsubcontractors Project-only agreement Only Agreement will be subject to the union security Union Security provisions contained in this Agreement. Said subcontractor shall not begin work prior to the execution to such Project Agreement(s). 32. It is understood and agreed by the parties Parties hereto that when situations arise that require separate single project agreements Project Agreements covering work to be performed on specific identified construction projects in the geographic area covered by this Agreement, to protect the interests of the Employers and promote jobs for Union members, such single project agreements Project Agreements will be negotiated in advance and the terms and conditions of these project agreements Project Agreements will be made available to all signatories hereto to protect the competitive bidding process on that specific geographic job areajobsite location. Any rates or conditions negotiated in these special single project agreements Project Agreements will not give any Employer signatory hereto the right to claim such rates and conditions for work performed on geographic jobsite locations job site locations, other than that specifically defined in the special project agreement(s)Project Agreements. 4. Where the Employer determines that he is at a competitive disadvantage, the Union, in concert with other affected construction trade Unions in San Diego County, with whom the Employer has signatory status, may agree to reduce the terms and conditions of this agreement, to a level that will allow the employer to compete equally on any job or project.

EXISTING AND OTHER AGREEMENTS. A. Section 1. All existing labor agreements between the Employer Contractors and the Union, covering the type of work covered by this Agreement, are automatically canceled and superseded by this Agreement. Section 2. It is agreed that any contractor accept- ed for membership into the California Drywall/Lathing Conference of the Western Wall and Ceiling Contrac- tors Association, Inc. shall become a party to this Agreement and, after becoming a party, shall be enti- tled to the benefits and be subject to the obligations hereof in lieu of any individual agreements he may have with the Union at that time with respect to work covered by this Agreement. (a) In the event the Union enters into any other agreement exclusively for works the Drywall/ Lath- ing industry with other employers or employer associ- ations in the area which shall have terms more favor- able to such employers or employer associations and the members there of than this Agreement, at the option of the WWCCA, the WWCCA may adopt such Agreement which will supersede this Agreement. (b) In the event the Southwest Regional Council of Carpenters establishes Area Agreements as defined herein, which include special conditions for work covered by the Agreement, those special condi- tions shall be made available to the employer or indi- vidual employers who wish to perform the designated work in the same locality as provided for in that immediate Area Agreement. The provisions of this paragraph will not apply to Special Project Agree- ments which may be negotiated in any area of this Agreement. (c) The Southwest Regional Council of Carpen- ters will promptly notify the WWCCA, in writing, of any amendment, modification, exception or adden- dum to this Agreement which might be negotiated in any area covered by this Agreement are hereby canceled between the Southwest Regional Council of Carpenters, an indi- vidual employer group, or group of individual employ- ers. The Union shall also promptly notify the WWCCA, in writing, of any amendment, modification, exception or addendum to this Agreement which might be negotiated in any area covered by mutual consentthis Agreement between the Southwest Regional Council of Carpenters, an individual employer or group of individual employers. This The Union shall also promptly notify the WWCCA before the Union enters into any negotiations with any other employer or groups of employers regarding work covered by this Agree- ment. The Southwest Regional Council of Carpenters will promptly notify the WWCCA, in writing, of any Area Agreement is an engineering construction agreement covering prevailing and non-prevailing wage workwhich might be negotiated in any area covered by this Agreement. B. (d) It is understood by the Contractors and the Union that there may be other agreements pertaining to the rental and use of construction equipment and the Contractors signatory to this Agreement may also be signatory to agreements between other organiza- tions with the Union. (e) This Agreement shall be deemed to have been executed on June 16, 2011 be exe- cuted 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 Before accepting as an affiliate 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 issuing a charter to a Local Union 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 conditionArea here defined, the Union shall give require a condition of such affiliation that said Local Union is bound by the Association written notice terms hereof. Section 4. Each Contractor signatory hereto agrees to be bound by the provisions of its intention this Agree- ment and agrees to grant the more favorable term or condition. If the Union fails execute any necessary docu- ments in order to give such notice, each Employer become signatory to this Agreement can thereafter rescind Agree- ment, whenever he or it operates or commences operations under any other name, whether it be indi- vidual, under a fictitious name, as a sole proprietor- ship, in a partnership, joint venture, or under corpo- rate or limited partnership forms. The Contractor fur- ther agrees to notify the Union of the name or names under which he or it conducts business in work cov- ered by this Agreement, and agrees to notify the Union of any new form or name under which work covered by this Agreement as it applies to each such Employeris performed. No change in name, style, or pursue organization of the business of a claim against signatory contractor shall operate to defeat the Union for money damages, through the grievance procedure provided below. 2. When an Employer signatory to application of this Agreement wishes to use a non-said busi- ness for the work covered by this Agreement. In the event of any change of ownership or in the form of the signatory Subcontractor to perform jobsite construction workcontractor’s business organization, and if such Employer requests the Union to do so, the Union will make available to the Subcontractor a project-only agreement which will adopt the terms and conditions obligations of this Master Labor Agreement, for that project onlyAgreement shall contin- ue in full force and effect as to the employing organi- zation. The Subcontractor Disputes over the application or interpretation of this Article shall have the option of providing its own Employees to perform work covered by the project-only agreement, or it may request the dispatch of employees from the hiring hall. Any such workers covered by the Subcontractor’s project-only agreement will be subject to the union security provisions grievance proce- dures contained in Article VIII of this Agreement. 3Section 5. It To the extent permitted by law, no sale, merger, consolidations, transfer, or arrange- ment for benefit of creditors, whether such is understood by oper- ation of law or otherwise, shall be recognized unless and agreed by the parties hereto that when situations arise that require separate single project agreements covering work to be performed on specific identified construction projects in the geographic area covered by this Agreement, to protect the interests until all financial obligations of the Employers and promote jobs for Union members, such single project agreements will signatory con- tractor due under this agreement are paid in full. Financial obligations shall include but not be negotiated in advance and the terms and conditions of these project agreements will be made available limited to all signatories hereto wages, all Trust Fund contributions, and all out- standing monies due pursuant to protect awards of the competitive bidding process on that specific geographic job areaJoint Adjustment Board or arbitrator. Any rates The Union shall not be required to recognize any new or conditions negotiated in these special single project agreements will not give any Employer signatory hereto changed entity unless and until the right to claim such rates and conditions for work performed on geographic jobsite locations other than that specifically defined in the special project agreement(s)above obligations are met. 4. Where the Employer determines that he is at a competitive disadvantage, the Union, in concert with other affected construction trade Unions in San Diego County, with whom the Employer has signatory status, may agree to reduce the terms and conditions of this agreement, to a level that will allow the employer to compete equally on any job or project.

EXISTING AND OTHER AGREEMENTS. A. (1) All existing labor agreements between the Employer Employers and the Union for works covering the type of work covered by this Agreement are hereby automatically canceled and superseded by mutual consent. This Agreement is an engineering construction agreement covering prevailing and non-prevailing wage workthis Agreement. B. This (2) It is agreed that any employer accepted for membership in the Wall and Ceiling Alliance shall become a party to this Agreement and, after becoming a party, shall be entitled to the benefits and be subject to the obligations hereof in lieu of any individual agreements he/she may have with the Union at that time with respect to work covered by this Agreement. In addition, WACA shall immediately notify the Union in writing whenever an individual employer becomes a member of WACA. Notwithstanding the foregoing, the Union shall have the right, within 72 (seventy-two) hours of receipt of said written notice, to object to any individual employer becoming a party to this Agreement and to insist upon, if appropriate, negotiations separately with that individual employer. Upon receiving such objection from the Union, this Agreement shall be deemed null and void ab initio for all purposes as to have been executed on June 16, 2011 when that individual employer only. This paragraph does not apply to an individual employer that is signatory to an existing Agreement with 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 Union. (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 In the event the Union shall negotiate different terms and conditions of employment enters into any other agreement exclusively for employees performing jobsite construction industry work in classifications similar to those set forth the Drywall/Lathing Industry with other employers or employer associations in the territorial jurisdiction 46 Northern California Counties which shall have terms more favorable to such employers or employer associations and the members thereof than this Agreement, then such more favorable provisions shall become a part of and apply to this Agreement. (4) Each individual employer signatory hereto agrees to be bound by the Union, the Association will be notified provisions of this Agreement and such terms and conditions shall be made available agrees to the Employers. No Employer execute any necessary documents in order to become signatory to this Master Labor Agreement shall be required to provide terms Agreement, whenever he/she or conditions of employment it operates or commences operations 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 Countyname, with the sole exception being conditions whether it be individual, under a project agreement negotiated pursuant fictitious name, as a sole proprietorship, in a partnership, joint venture, or under corporate or limited partnership forms. The individual employer further agrees to subparagraph 3 below. 1. Any term or condition granted by notify the Union of the name or names under which he/she or it conducts business in work covered by this Agreement and agrees to notify the Union of any Employernew form or name under which work covered by this Agreement is performed. No change in name, whether style or not such Employer is organization of the business of a signatory member Employer shall operate to defeat the application 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 to said business for the duration of work covered by this Agreement. Prior to granting In the event of any Employer such more favorable term change of ownership or conditionin the form of the signatory Employer’s business organization, 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 procedure provided below. 2. When an Employer signatory to this Agreement wishes to use a non-signatory Subcontractor to perform jobsite construction work, and if such Employer requests the Union to do so, the Union will make available to the Subcontractor a project-only agreement which will adopt the terms and conditions obligations of this Master Labor Agreement, for that project onlyAgreement shall continue in full force and effect as to the employing organization. The Subcontractor Disputes over the application or interpretation of this Article shall have the option of providing its own Employees to perform work covered by the project-only agreement, or it may request the dispatch of employees from the hiring hall. Any such workers covered by the Subcontractor’s project-only agreement will be subject to the union security provisions grievance procedures contained in Article 9 (Grievance Procedure) of this Agreement. 3. It is understood and agreed by the parties hereto that when situations arise that require separate single project agreements covering work to be performed on specific identified construction projects in the geographic area covered by this Agreement, to protect the interests of the Employers and promote jobs for Union members, such single project agreements will be negotiated in advance and the terms and conditions of these project agreements will be made available to all signatories hereto to protect the competitive bidding process on that specific geographic job area. Any rates or conditions negotiated in these special single project agreements will not give any Employer signatory hereto the right to claim such rates and conditions for work performed on geographic jobsite locations other than that specifically defined in the special project agreement(s). 4. Where the Employer determines that he is at a competitive disadvantage, the Union, in concert with other affected construction trade Unions in San Diego County, with whom the Employer has signatory status, may agree to reduce the terms and conditions of this agreement, to a level that will allow the employer to compete equally on any job or project.

EXISTING AND OTHER AGREEMENTS. A. Section 1. All existing labor agreements between the Employer Contractors and the Union, covering the type of work covered by this Agreement, are automatically canceled and superseded by this Agreement. Section 2. It is agreed that any contractor accepted for membership into the California Drywall/Lathing Conference of the Western Wall and Ceiling Contractors Association, Inc. shall become a party to this Agreement and, after becoming a party, shall be entitled to the benefits and be subject to the obligations hereof in lieu of any individual agreements he may have with the Union at that time with respect to work covered by this Agreement. (a) In the event the Union enters into any other agreement exclusively for works the Drywall/ Lathing industry with other employers or employer associations in the area which shall have terms more favorable to such employers or employer associations and the members there of than this Agreement, at the option of the WWCCA, the WWCCA may adopt such Agreement which will supersede this Agreement. (b) In the event the Southwest Regional Council of Carpenters establishes Area Agreements as defined herein, which include special conditions for work covered by the Agreement, those special conditions shall be made available to the employer or individual employers who wish to perform the designated work in the same locality as provided for in that immediate Area Agreement. The provisions of this paragraph will not apply to Special Project Agreements which may be negotiated in any area of this Agreement. (c) The Southwest Regional Council of Carpenters will promptly notify the WWCCA, in writing, of any amendment, modification, exception or addendum to this Agreement which might be negotiated in any area covered by this Agreement are hereby canceled between the Southwest Regional Council of Carpenters, an individual employer group, or group of individual employers. The Union shall also promptly notify the WWCCA, in writing, of any amendment, modification, exception or addendum to this Agreement which might be negotiated in any area covered by mutual consentthis Agreement between the Southwest Regional Council of Carpenters, an individual employer or group of individual employers. This The Union shall also promptly notify the WWCCA before the Union enters into any negotiations with any other employer or groups of employers regarding work covered by this Agreement. The Southwest Regional Council of Carpenters will promptly notify the WWCCA, in writing, of any Area Agreement is an engineering construction agreement covering prevailing and non-prevailing wage workwhich might be negotiated in any area covered by this Agreement. B. (d) It is understood by the Contractors and the Union that there may be other agreements pertaining to the rental and use of construction equipment and the Contractors signatory to this Agreement may also be signatory to agreements between other organizations with the Union. (e) This Agreement shall be deemed to have been be 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 Before accepting as an affiliate 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 issuing a charter to a Local Union 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 conditionArea here defined, the Union shall give require a condition of such affiliation that said Local Union is bound by the Association written notice terms hereof. Section 4. Each Contractor signatory hereto agrees to be bound by the provisions of its intention this Agreement and agrees to grant the more favorable term or condition. If the Union fails execute any necessary documents in order to give such notice, each Employer become signatory to this Agreement can thereafter rescind this Agreement Agreement, whenever he or it operates or commences operations under any other name, whether it be individual, under a fictitious name, as it applies to each such Employera sole proprietorship, in a partnership, joint venture, or pursue a claim against under corporate or limited partnership forms. The Contractor further agrees to notify the Union for money damages, through of the grievance procedure provided below. 2. When an Employer signatory to this Agreement wishes to use a non-signatory Subcontractor to perform jobsite construction work, and if such Employer requests the Union to do so, the Union will make available to the Subcontractor a project-only agreement name or names under which will adopt the terms and conditions of this Master Labor Agreement, for that project only. The Subcontractor shall have the option of providing its own Employees to perform work covered by the project-only agreement, he or it may request the dispatch of employees from the hiring hall. Any such workers covered by the Subcontractor’s project-only agreement will be subject to the union security provisions contained conducts business in this Agreement. 3. It is understood and agreed by the parties hereto that when situations arise that require separate single project agreements covering work to be performed on specific identified construction projects in the geographic area covered by this Agreement, and agrees to protect notify the interests Union of any new form or name under which work covered by this Agreement is performed. No change in name, style, or organization of the Employers and promote jobs business of a signatory contractor shall operate to defeat the application of this Agreement to said business for Union membersthe work covered by this Agreement. In the event of any change of ownership or in the form of the signatory contractor’s business organization, such single project agreements will be negotiated in advance and the terms and conditions obligations of these project agreements will this Agreement shall continue in full force and effect as to the employing organization. Disputes over the application or interpretation of this Article shall be made available subject to the grievance procedures contained in Article VIII of this Agreement. Section 5. To the extent permitted by law, no sale, merger, consolidations, transfer, or arrangement for benefit of creditors, whether such is by operation of law or otherwise, shall be recognized unless and until all financial obligations of the signatory contractor due under this agreement are paid in full. Financial obligations shall include but not be limited to all signatories hereto wages, all Trust Fund contributions, and all outstanding monies due pursuant to protect awards of the competitive bidding process on that specific geographic job areaJoint Adjustment Board or arbitrator. Any rates The Union shall not be required to recognize any new or conditions negotiated in these special single project agreements will not give any Employer signatory hereto changed entity unless and until the right to claim such rates and conditions for work performed on geographic jobsite locations other than that specifically defined in the special project agreement(s)above obligations are met. 4. Where the Employer determines that he is at a competitive disadvantage, the Union, in concert with other affected construction trade Unions in San Diego County, with whom the Employer has signatory status, may agree to reduce the terms and conditions of this agreement, to a level that will allow the employer to compete equally on any job or project.

EXISTING AND OTHER AGREEMENTS. A. (1) All existing labor agreements between the Employer and the Union for works covering the type of work covered by this Agreement are hereby automatically canceled and superseded by mutual consent. This Agreement is an engineering construction agreement covering prevailing and non-prevailing wage workthis Agreement. B. This (2) It is agreed that any individual employer accepted for membership in the Wall and Ceiling Alliance shall become a party to this Agreement and, after becoming a party, shall be entitled to the benefits and be subject to the obligations hereof in lieu of any individual agreements he/she may have with the Union at that time with respect to work covered by this Agreement. In addition, WACA shall immediately notify the Union in writing whenever an individual employer becomes a member of WACA. Notwithstanding the foregoing, the Union shall have the right, within seventy-two (72) hours of receipt of said written notice, to object to any individual employer becoming a party to this Agreement and to insist upon, if appropriate, negotiations separately with that individual employer. Upon receiving such objection from the Union, this Agreement shall be deemed null and void ab initio for all purposes as to have been executed on June 16, 2011 when that individual employer only. This paragraph does not apply to an individual employer that is signatory to an existing Agreement with 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 Union. (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 In the event the Union shall negotiate different terms and conditions of employment enters into any other agreement exclusively for employees performing jobsite construction industry work in classifications similar to those set forth the Drywall/Lathing Industry with other employers or employer associations in the territorial jurisdiction 46 Northern California Counties which shall have terms more favorable to such employers or employer associations and the members thereof than this Agreement, then such more favorable provisions shall become a part of and apply to this Agreement. (4) Each individual employer signatory hereto agrees to be bound by the Union, the Association will be notified provisions of this Agreement and such terms and conditions shall be made available agrees to the Employers. No Employer execute any necessary documents in order to become signatory to this Master Labor Agreement shall be required to provide terms Agreement, whenever he/she or conditions of employment it operates or commences operations 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 Countyname, with the sole exception being conditions whether it be individual, under a project agreement negotiated pursuant fictitious name, as a sole proprietorship, in a partnership, joint venture, or under corporate or limited partnership forms. The individual employer further agrees to subparagraph 3 below. 1. Any term or condition granted by notify the Union of the name or names under which he/she or it conducts business in work covered by this Agreement and agrees to notify the Union of any Employernew form or name under which work covered by this Agreement is performed. No change in name, whether style or not such Employer is organization of the business of a signatory member individual employer shall operate to defeat the application 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 to said business for the duration of work covered by this Agreement. Prior to granting In the event of any Employer such more favorable term change of ownership or conditionin the form of the signatory individual employer’s business organization, 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 procedure provided below. 2. When an Employer signatory to this Agreement wishes to use a non-signatory Subcontractor to perform jobsite construction work, and if such Employer requests the Union to do so, the Union will make available to the Subcontractor a project-only agreement which will adopt the terms and conditions obligations of this Master Labor Agreement, for that project onlyAgreement shall continue in full force and effect as to the employing organization. The Subcontractor Disputes over the application or interpretation of this Article shall have the option of providing its own Employees to perform work covered by the project-only agreement, or it may request the dispatch of employees from the hiring hall. Any such workers covered by the Subcontractor’s project-only agreement will be subject to the union security provisions grievance procedures contained in Article 9 (Grievance Procedure) of this Agreement. 3. It is understood and agreed by the parties hereto that when situations arise that require separate single project agreements covering work to be performed on specific identified construction projects in the geographic area covered by this Agreement, to protect the interests of the Employers and promote jobs for Union members, such single project agreements will be negotiated in advance and the terms and conditions of these project agreements will be made available to all signatories hereto to protect the competitive bidding process on that specific geographic job area. Any rates or conditions negotiated in these special single project agreements will not give any Employer signatory hereto the right to claim such rates and conditions for work performed on geographic jobsite locations other than that specifically defined in the special project agreement(s). 4. Where the Employer determines that he is at a competitive disadvantage, the Union, in concert with other affected construction trade Unions in San Diego County, with whom the Employer has signatory status, may agree to reduce the terms and conditions of this agreement, to a level that will allow the employer to compete equally on any job or project.