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Owner-Members Sample Clauses

Owner-Members. An owner, employer, contractor, jobber or anyone who otherwise participates as management in the Sheet Metal Industry shall be eligible to retain or apply for membership in SMART or any local union thereof as an owner-member with the same rights and duties as other members except as provided below: a. Signatory Status and financial obligations. The sheet metal shop or business with which he/she is connected is in signed agreement with the local union or local unions having jurisdiction over the shop and must comply with the wage scales and working conditions of this agreement. An owner-member who fails to fulfill his/her financial obligations by making proper payment to his/her employees for work performed or to contribute the contractual obligations to fringe benefit funds shall be subject to charges and penalties as prescribed in Article 17 of the International Constitution.
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Owner-Members. 1. Each Employer may designate no more than two (2) owners, partners or persons holding proprietary interest in the Employers business as Owner Members of the Union. Owner Members may perform work covered by this Agreement and the Employer shall not make Trust Fund contributions on behalf of Owner Members pursuant to Wage Schedule A, Owner Members shall contribute to all appropriate Trust Fund Subscriber Agreements. 2. Any worker or applicant for employment, who has or who obtains a Floor Covering Contractor’s License, shall inactivate such license before seeking or accepting employment under the terms of this Agreement or he shall not work or be dispatched by the Union. 3. No Employer signatory to this Agreement shall be allowed to work for any other Employer as a worker on the payroll of such Employer. No worker shall be recognized as an Employer until he becomes signatory to this Agreement.
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Owner-Members. 1. Owner Members are proprietors, partners or corporate owners or officers or anyone participating in the management of the Employer, but who also performs work pursuant to this Agreement and who has applied for and been granted Owner Member status by the Union. There shall be only two (2) Employer members for each Employer. The Employer shall pay fringe benefit contributions on all hours worked subject to the provisions of the appropriate trust documents, and the Owner Member shall be subject to the provisions of Article 4 of this Agreement, Union Security. 2. Only two (2) Owner Members from each signatory Employer shall be permitted to work with the tools of the trade and only if such signatory Employer employs at least one (1) other employee covered under this Agreement. An Owner Member shall not be permitted to work any overtime in other than a supervisory capacity. 3. Any worker or applicant for employment, who has or who obtains a Floor Covering Contractor’s License, shall inactivate such license before seeking or accepting employment under the terms of this Agreement or he shall not work or be dispatched by the Union. 4. No Employer signatory to this Agreement shall be allowed to work for any other Employer as a worker on the payroll of such Employer. No worker shall be recognized as an Employer until he becomes signatory to this Agreement.
Sample 1
Owner-Members. An owner-member is defined as an owner, agent, contractor, subcontractor, jobber, or any other person who is directly or indirectly financially interested in or who is an officer or otherwise involved in the management of a sheet metal shop, business, or job. An owner-member includes but is not limited to a person who meets all three (3) of the following requirements: 1. The person is an owner or employee or: (a) an incorporated business if the person is an officer, director or an owner of the business; or (b) any business enterprise, however organized, in which the business is owned or controlled by the person and a member of the person’s family (which shall include the person’s spouse and lineal ascendants and descendants and the spouse’s lineal ascendants and descendants). 2. The person is a member of the union; and 3. The person performs work covered by the terms of this Agreement. No owner-member shall be allowed to perform work covered by this Agreement unless the owner- member meets one of the following two requirements: 1. The owner-member’s company is incorporated, the company pays a minimum of one thousand eight hundred forty (1,840) hours of fringe benefit contributions per year (one hundred forty (140) hours per month) on behalf of the owner-member for their hours of work, and the company signs any participation agreements required by the various Fringe Benefit Funds for such contributions; or 2. The owner-member is operating a bonafide business, whether incorporated or unincorporated. A bonafide business is a business with a building in a “nonresidential zone” complete with a sign, telephone and registered and bonded to do business with the proper authorities. All trucks used for sheet metal installation or service work shall be plainly marked with the name and address of the shop. Both parties agree to police the owner-member shops regarding all aspects of this Agreement.
Sample 1
Owner-Members. A signatory contractor with an owner-member opting out of both Employee Benefit Fund and Retirement Savings Fund on himself/herself, and with no additional owner-members or bargaining unit members employed by the company, will not be required to secure a bond or letter of credit.
Sample 1
Owner-Members. An Owner-Member is an individual who meets each of the following tests: (1) Participates in the management of an Employer who is signatory to the Union Agreement; (2) Has an ownership interest in an Employer or whose spouse, parent, or child has an ownership interest in an Employer; and (3) Performs or has authority to perform work covered by the Union Agreement, such as supervising Employees covered by the Union Agreement, or performing work which was learned by the individual when they worked in the trade.
Sample 1
Owner-Members. Whereas International Association of Sheet Metal, Air, Rail and Transportation Workers, Local 36, AFL-CIO (hereafter referred to as Local 36) and the St. Louis Chapter, Sheet Metal and Air Conditioning Contractors National Association (SMACNA) desire to clarify, the Employer‘s obligation to report hours and pay contributions on individuals classified "Owner-Members". Therefore, Local 36 and SMACNA agree to this Addendum to the Standard Form of Union Agreement and its successor agreements (Union Agreement).
Sample 1

Related to Owner-Members

  • New Members No person may be admitted as a member of the Company without the approval of the Member.

  • Members (a) A Person shall be admitted as a Member and shall become bound by, and shall be deemed to have agreed to be bound by, the terms of this Agreement if such Person purchases or otherwise lawfully acquires any Share, and such Person shall become the Record Holder of such Share, in accordance with the provisions of this Agreement. A Member may be a Class A Member and or a Class B Member, and, in such case, shall have the rights and obligation accorded to the Class A Ordinary Shares with respect to such Class A Ordinary Shares and the rights and obligations accorded to the Class B Ordinary Shares with respect to such Class B Ordinary Shares. A Person may become a Record Holder without the consent or approval of any of the Members and without physical execution of this Agreement. A Person may not become a Member without acquiring a Share. (b) The name and mailing address of each Member or such Member’s representative shall be listed on the books and records of the Company maintained for such purpose by the Company or the Transfer Agent. (c) Except as otherwise provided in the Delaware Act, the debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the Company, and the Members shall not be obligated personally for any such debt, obligation or liability of the Company solely by reason of being a Member of the Company. (d) Except to the extent expressly provided in this Agreement: (i) no Member shall be entitled to the withdrawal or return of any Capital Contribution, except to the extent, if any, that distributions made pursuant to this Agreement or upon dissolution of the Company may be considered as such by law and then only to the extent provided for in this Agreement; (ii) no Member shall have priority over any other Member either as to the return of Capital Contributions or as to profits, losses or distributions; (iii) no interest shall be paid by the Company on Capital Contributions; and (iv) no Member, in its capacity as such, shall participate in the operation or management of the Company’s business, transact any business in the Company’s name or have the power to sign documents for or otherwise bind the Company by reason of being a Member. (e) Any Member shall be entitled to and may have business interests and engage in business activities in addition to those relating to the Company, including business interests and activities in direct competition with the Company. Neither the Company nor any of the other Members shall have any rights by virtue of this Agreement in any such business interests or activities of any Member.

  • Substituted Members Subject to the provisions of Article X hereof, in connection with the Permitted Transfer of a Unit hereunder, the Permitted Transferee shall become a Substituted Member on the effective date of such Transfer, which effective date shall not be earlier than the date of compliance with the conditions to such Transfer, and such admission shall be shown on the books and records of the Company, including the Schedule of Members.

Most Referenced Clauses

Most Referenced Definitions