Hours Enhancement Program. The organizing, Hours Enhancement Program and maintenance of work language and rates of pay shall not be utilized on any category of work, for any trade, where the work historically was being performed by members of the Union and can be maintained by the Employer and the Union at the established rates and conditions. There will be no geographical boundaries for this program.
23.19.4.1 It will be the Employers responsibility to notify the Union and each current employee prior to being assigned on that project that they will be working for a reduced wage rate. Along with the Employer the Union will also notify members being dispatched to that job. It is agreed that Employers signatory to the Collective Bargaining Agreement will in no way discriminate, intimidate, threaten any disciplinary action such as job loss and/or use as a condition of employment against all present and future Employees refusing to work under the guidelines of this Article.
23.19.4.2 The organizing, Hours Enhancement Program and maintenance of work language is to be used to organize new work opportunities, recover work formerly performed by Union Members and Employers and/or to maintain present work opportunities for our members.
23.19.4.3 Any Employer signatory to this Collective Bargaining Agreement shall notify the Council not less than forty-eight (48) hours prior to the bidding of an “Hours Enhancement” project, so as to provide the Council with the opportunity to investigate whether the project in question meets the criteria as an Hours Enhancement Program project.
23.19.4.4 In the event the Council believes that an Employer has improperly designated a job as an “Hours Enhancement” project, then the Council may submit a grievance pursuant to the Grievance Arbitration Procedure set forth in this Collective Bargaining Agreement. With the exception of the added Section 23.19.4.5 in this Article which will rule as to the cost of the arbitration and litigation.
23.19.4.5 The burden of proof in any arbitration concerning the applicability of the Hours Enhancement Program shall be on the Employer to establish that the criteria for the Hours Enhancement Program on the project, has been met. The parties will split the cost of Arbitration. Further, the Employer shall pay to the Employees who performed the work on said project the full wage and benefit levels provided for in this Collective Bargaining Agreement.
23.19.4.6 Terms and Conditions for the Hours Enhancement Program shall be as fol...
