Common use of INTEGRITY CLAUSE Clause in Contracts

INTEGRITY CLAUSE. Section 1. A “bad-faith Employer” for purposes of this Agreement is an Employer that itself, or through a person or persons subject to an owner’s control, has ownership interests (other than a non-controlling interest in a corporation whose stock is publicly traded) in any business entity that engages in work within the scope of the SFUA, Article I hereinabove using employees whose wage package, hours, and working conditions are inferior to those prescribed in this Agreement or, if such business entity is located or operating in another area, inferior to those prescribed in the agreement of the sister local union affiliated with Sheet Metal Workers’ International Association, AFL-CIO in that area. An Employer is also a “bad-faith employer” when it is owned by another business entity as its direct subsidiary or as a subsidiary of any other subsidiary within the corporate structure thereof through a parent-subsidiary and/or holding- company relationship, and any other business entity within such corporate structure thereof through a parent-subsidiary and/or holding-company relationship, and any other business entity within such corporate structure is engaging in work within the scope of the SFUA Article I hereinabove using employees whose wage package, hours and working conditions are inferior to those prescribed in this Agreement or, if such other business entity is located or operating in another area, inferior to those prescribed in the agreement of the sister local union affiliated with Sheet Metal Workers’ International Association, AFL-CIO in that area. Section 2. Any Employer signing this Agreement or is covered thereby by virtue of being a member of a multi-employer bargaining unit expressly represents to the Union that it is not a “bad-faith Employer’ as such term is defined in Section 1 hereinabove and, further, agrees to advise the Union promptly if at any time during the life of this Agreement said Employer changes its mode of operation and becomes a “bad-faith employer.” Failure to give timely notice of being or becoming a “bad-faith employer” shall be viewed as fraudulent conduct on the part of such Employer. In the event any Employer signatory to or bound by this Agreement shall be guilty of fraudulent conduct as defined above, such Employer shall be liable to the Union for liquidated damages at the rate of Five Hundred Dollars ($500.00) per calendar day from the date of failure to notify the Union until the date on which the Employer gives notice to the Union. The claim for liquidated damages shall be processed as a grievance in accordance with, and within the time limits prescribed by, the provisions of SFUA Article X. Section 3. Whenever the Union becomes aware that an Employer has been or is a “bad-faith employer”, it shall be entitled, notwithstanding any other provision of this Agreement, to demand that the Agreement between it and such “bad-faith Employer” be rescinded. A claim for recision shall be processed by the Union as a contract grievance in accordance with, and within the time limits prescribed under, the provisions of Article X of this Agreement.

INTEGRITY CLAUSE. Section SECTION 1. : A “bad-faith Employer” ”, for purposes of this Agreement Agreement, is an Employer that itself, or through a person or persons subject to an owner’s owners control, has ownership interests (other than a non-controlling interest in a corporation whose stock is publicly traded) in any business entity that engages in work within the scope of the SFUASFUA Article I, Article I hereinabove herein above, using employees whose wage package, hours, and working conditions are inferior to those prescribed in this Agreement or, if such business entity is located or operating in another area, inferior to those prescribed in the agreement of the sister local union Union affiliated with Sheet Metal SMART Workers’ International Association, AFL-CIO in that area. An Employer is also a “bad-faith employer” when it is owned by another business entity entity, as its direct subsidiary or as a subsidiary of any other subsidiary within the corporate structure thereof thereof, through a parent-subsidiary within the corporate structure thereof, through a parent-subsidiary and/or holding- company relationship, and any other business entity within such corporate structure thereof through a parent-subsidiary and/or holding-holding company relationship, and any other business entity within such corporate structure is engaging in work within the scope of the SFUA Article I hereinabove I, herein above, using employees whose wage package, hours hours, and working conditions are inferior to those prescribed in this Agreement or, if such other business entity is located or operating in another area, inferior to those prescribed in the agreement of the sister local union affiliated with Sheet Metal SMART Workers’ International Association, AFL-CIO in that area. Section SECTION 2. : Any Employer signing this Agreement or is covered thereby by virtue of being a member of a multi-employer bargaining unit expressly represents to the Union that it is not a “bad-faith Employer’ " as such term is defined in Section 1 hereinabove and, further, agrees to advise the Union promptly if at any time during the life of this Agreement said Employer changes its mode of operation and becomes a “bad-faith employerEmployer.” Failure to give timely notice of being or becoming a “bad-faith employerEmployer” shall be viewed as fraudulent conduct on the part of such Employer. In the event any Employer signatory to or bound by this Agreement shall be guilty of fraudulent conduct as defined above, such Employer shall be liable to the Union for liquidated damages at the rate of Five Hundred Dollars ($500.00) per calendar day from the date of failure to notify the Union until the date on which the Employer gives notice to the Union. The claim for liquidated damages shall be processed as a grievance in accordance with, and within the time limits prescribed by, the provisions of SFUA Article X. Section SECTION 3. : Whenever the Union becomes aware that an Employer has been or is a “bad-faith employerEmployer”, it shall be entitled, notwithstanding any other provision of this Agreement, to demand that the Agreement between it and such “bad-faith Employer” be rescinded. A claim for recision shall be processed by the Union as a contract grievance in accordance with, and within the time limits prescribed under, the provisions of Article X of this Agreement.

INTEGRITY CLAUSE. Section SECTION 1. : A “bad-faith Employer” ”, for purposes of this Agreement Agreement, is an Employer that itself, or through a person or persons subject to an owner’s owners control, has ownership interests (other than a non-controlling interest in a corporation whose stock is publicly traded) in any business entity that engages in work within the scope of the SFUASFUA Article I, Article I hereinabove herein above, using employees whose wage package, hours, and working conditions are inferior to those prescribed in this Agreement or, if such business entity is located or operating in another area, inferior to those prescribed in the agreement of the sister local union Union affiliated with Sheet Metal SMART Workers’ International Association, AFL-CIO in that area. An Employer is also a “bad-faith employer” when it is owned by another business entity entity, as its direct subsidiary or as a subsidiary of any other subsidiary within the corporate structure thereof thereof, through a parent-subsidiary within the corporate structure thereof, through a parent-subsidiary and/or holding- company relationship, and any other business entity within such corporate structure thereof through a parent-subsidiary and/or holding-holding company relationship, and any other business entity within such corporate structure is engaging in work within the scope of the SFUA Article I hereinabove I, herein above, using employees whose wage package, hours hours, and working conditions are inferior to those prescribed in this Agreement or, if such other business entity is located or operating in another area, inferior to those prescribed in the agreement of the sister local union affiliated with Sheet Metal SMART Workers’ International Association, AFL-CIO in that area. Section SECTION 2. : Any Employer signing this Agreement or is covered thereby by virtue of being a member of a multi-employer bargaining unit expressly represents to the Union that it is not a “bad-faith Employer’ " as such term is defined in Section 1 hereinabove and, further, agrees to advise the Union promptly if at any time during the life of this Agreement said Employer changes its mode of operation and becomes a “bad-faith employerEmployer.” Failure to give timely notice of being or becoming a “bad-faith employerEmployer” shall be viewed as fraudulent conduct on the part of such Employer. In the event any Employer signatory to or bound by this Agreement shall be guilty of fraudulent conduct as defined above, such Employer shall be liable to the Union for liquidated damages at the rate of Five Hundred Dollars ($500.00) per calendar day from the date of failure to notify the Union until the date on which the Employer gives notice to the Union. The claim for liquidated damages shall be processed as a grievance in accordance with, and within the time limits prescribed by, the provisions of SFUA Article X. Section SECTION 3. : Whenever the Union becomes aware that an Employer has been or is a “bad-faith employerEmployer”, it shall be entitled, notwithstanding any other provision of this Agreement, to demand that the Agreement between it and such “bad-faith Employer” be rescinded. A claim for recision rescission shall be processed by the Union as a contract grievance in accordance with, and within the time limits prescribed under, the provisions of Article X of this Agreement.

INTEGRITY CLAUSE. Section 1. A “badnon-faith Employercompliance employer” for purposes of this Agreement is an Employer that itself, or through a person or persons subject to an owner’s owner‘s control, has ownership interests (other than a non-controlling interest in a corporation whose stock is publicly traded) in any business entity that engages in work within the scope of the SFUASFUA ARTICLE I hereinabove, Article I hereinabove using employees whose wage package, hours, hours and working conditions are inferior to those prescribed in this Agreement or, if such business entity is located or operating in another area, inferior to those prescribed in the agreement of the sister local union Local Union affiliated with International Association of Sheet Metal Metal, Air, Rail and Transportation Workers’ International Association, AFL-CIO AFL- CIO, in that area. . a. An Employer is also a “badnon-faith compliance employer” when it is owned by another business entity as its direct subsidiary or as a subsidiary of any other subsidiary within the corporate structure thereof through a parent-parent subsidiary and/or holding- holding company relationship, and any other business entity within such corporate structure thereof through a parent-subsidiary and/or holding-company relationship, and any other business entity within with such corporate structure is engaging in work within the scope of the SFUA Article ARTICLE I hereinabove hereinabove, using employees whose wage package, hours and working conditions are inferior to those prescribed in this Agreement or, if such other business entity is located or operating in another area, inferior to those prescribed in the agreement of the sister local union Local Union affiliated with International Association of Sheet Metal Metal, Air, Rail and Transportation Workers’ International Association, AFL-CIO CIO, in that area. Section 2. b. Any Employer signing who signs this Agreement or is covered thereby by virtue of being a member of a multi-employer bargaining unit expressly represents to the Union that it is not a “badnon-faith Employer’ compliance employer” as such term is defined in Section SECTION 1 hereinabove and, further, agrees to advise the Union promptly if at any time during the life of this the Agreement said Employer changes its mode of operation and becomes a “bad-faith non- compliance employer.” ”. Failure to give timely notice of being or becoming a “bad-faith non- compliance employer” shall be viewed as fraudulent conduct on the part of such Employer. After providing notification as described above, the Employer shall not be liable for any liquidated damages as provided in this Article. c. In the event any Employer signatory to or bound by this Agreement shall be guilty of fraudulent conduct as defined above, such Employer employer shall be liable to the Union for liquidated damages at the rate of Five Hundred Dollars ($500.00) 1,000 per calendar day from the date of failure to notify the Union until the date on which the Employer gives notice to the Union. The claim for liquidated damages shall be processed as a grievance in accordance with, and within the time limits prescribed by, the provisions of SFUA Article ARTICLE X. Section 3. Whenever the Union becomes aware that an Employer has been or is a “bad-faith employer”, it shall be entitled, notwithstanding any other provision of this Agreement, to demand that the Agreement between it and such “bad-faith Employer” be rescinded. A claim for recision shall be processed by the Union as a contract grievance in accordance with, and within the time limits prescribed under, the provisions of Article X of this Agreement.