Common use of Overlapping Capabilities Clause in Contracts

Overlapping Capabilities. To determine whether a particular skilled assignment falls within the scope of two or more trades and thus properly assignable to any one of these trades, several criteria must be considered, no one of which by itself is controlling. • Level of skill involved. • Type of apprenticeship training. • Tools required. • Nature of the material being worked on. • Generally accepted notions of the trade. • Other criteria (e.g., composition and size of the skilled work force). • Past practices in a plant relating to skilled tasks (invariable, certain and unchallenged over such a long period that an agreement is assumed). The first six (6) of these criteria will be considered in making the determination of whether a skilled task falls within the scope of two (2) or more trades or only one (1). Past practice is a limiting factor and is binding in ordinary situations if by clear and convincing proof it can be shown to exist as a fact by the party relying on it.

Overlapping Capabilities. To determine whether a particular skilled assignment falls within the scope of two or more trades and thus properly assignable to any one of these trades, several criteria must be considered, no one of which by itself is controlling. • Level of skill involved. • Type of apprenticeship training. • Tools required. • Nature of the material being worked on. • Generally accepted notions of the trade. • Other criteria (e.g., composition and size of the skilled work forceworkforce). • Past practices in a plant relating to skilled tasks (invariable, certain and unchallenged over such a long period that an agreement is assumed). The first six (6) of these criteria will be considered in making the determination of whether a skilled task falls within the scope of two (2) or more trades or only one (1). Past practice is a limiting factor and is binding in ordinary situations if by clear and convincing proof it can be shown to exist as a fact by the party relying on it.

Overlapping Capabilities. To determine whether a particular skilled assignment falls within the scope of two or more trades and thus properly assignable to any one of these trades, several criteria must be considered, no one of which by itself is controlling. • Level of skill involved. • Type of apprenticeship training. • Tools required. • Nature of the material being worked on. • Generally accepted notions of the trade. • Other criteria (e.g., composition and size of the skilled work force). • Past practices in a plant relating to skilled tasks (invariable, certain and unchallenged over such a long period that an agreement is assumed). The first six (6) of these criteria will be considered in making the determination of whether a skilled task falls within the scope of two (2) or more trades or only one (1)one. Past practice is a limiting factor and is binding in ordinary situations if by clear and convincing proof it can be shown to exist as a fact by the party relying on it.