Common use of OWNER OPERATOR Clause in Contracts

OWNER OPERATOR. 1. Whenever “Owner-Operator” is used in this paragraph, it means Operating Engineer equipment Operator-Employee only. The classification of Heavy Duty Repairman/Welder or a Lubrication and Service Engineer of equipment (generators, welding machines, fixed drills, grease trucks, lube trucks) are covered elsewhere in this Agreement. Nothing in this paragraph shall apply to any person or equipment except where the owner of the equipment operates the equipment in the performance of work, covered by this Agreement for an individual Employer. 2. An Owner-Operator is a person who has legal or equitable title to his equipment and operates the equipment himself on work covered by this Agreement and he shall operate only that equipment to which he has legal or equitable title. An Owner- Operator shall have proof of ownership of the equipment being operated in his possession at all times and shall produce such proof of ownership upon request by the Union or the Contractor. It is further agreed that any time an individual Owner- Operator has a piece of equipment operated by someone other than himself on any given job or project, the provisions of this Section S will not apply to such equipment, rather, Article I, Section B, Paragraph 11 of this Agreement shall become applicable. 3. The Owner-Operator shall not be subject to the provisions of Article II, Section I, Paragraphs 2(a), (b) and (c) of this Agreement, provided that the Owner-Operator has signed a W-4 Form and becomes a bona fide employee of the Employer prior to going to work and the Union shall be notified of the name and social security number of the Owner-Operator within twenty-four (24) hours after the Owner-Operator is hired, such notice to be given to the Dispatch Office in the district in which the work is being performed and confirmed in writing within twenty-four (24) hours thereafter. A copy of the notification shall be furnished by the contracting Employer to the Owner- Operator and this copy shall be in the possession of the Owner-Operator at all times, so long as he remains on the job or project. This notice must be produced upon request by the Union. Failure of the Owner-Operator to produce a copy of the aforementioned notification and proof of ownership of the equipment being operated shall be cause for his removal from the job or project until the Owner-Operator and the Employer have complied with the requirements of this paragraph. The Owner-Operator is subject to the provisions of Article II, Sections D and E. 4. (a) Effective from the time the Owner-Operator first reports to work on the job or project, the Contractor shall take all necessary steps to make the Owner- Operator an actual bona fide employee of the Contractor. The Contractor shall retain and exercise supervision and control over the manner and means by which the Owner-Operator performs work under this Agreement, and shall treat the Owner-Operator in all respects as any other employee of the Contractor is treated, except as otherwise provided in this Section S. The Contractor shall deal with the Owner-Operator solely in an employer- employee relationship, and shall not treat the Owner-Operator as a self- employed person, independent contractor or brokered service. The Contractor shall not act as a broker of Owner-Operator services to any other party and any payment by the Contractor to any broker or other person except a signatory subcontractor for the services of an Owner-Operator shall be a violation of this Agreement.

OWNER OPERATOR. 1. Whenever “"Owner-Operator” " is used in this paragraphSection, it means Operating Engineer equipment Operatoroperator-Employee employees only. The classification of Heavy Duty Repairman/Welder Repairman (Welder) or a Lubrication and Service Engineer of equipment (generators, welding machines, fixed drills, grease trucks, lube trucks) are covered elsewhere in this Agreement. Nothing in this paragraph Section shall apply to any person or equipment except where the owner of the equipment operates the equipment in the performance of work, work covered by this Agreement for an individual Employer. 2. An Owner-Operator is a person who has legal or equitable title to his equipment and operates the equipment himself on work covered by this Agreement Agreement, and he shall operate only that equipment to which he has legal or equitable title. An Owner- Operator shall have proof of ownership of the equipment being operated in his possession at all times and shall produce such proof of ownership upon request by the Union or the Contractor. It is further agreed that at any time an individual Owner- Owner-Operator has a piece of equipment operated by someone other than himself on any given job or project, then the provisions of this Section S O will not apply to such equipment, rather, Article I, Section BB-6, Paragraph 11 of this Agreement shall become applicable. 3. The Owner-Operator shall not be subject to the provisions of Article II, Section IE, Paragraphs 2(aParagraph 10 b., Subparagraphs (1), (b2) and (c3) of this Agreement, provided that the Owner-Operator has signed a W-4 Form form and becomes a bona fide employee of the Employer prior to going to work and the Union shall be notified of the name and social security number of the Owner-Operator within twenty-four (24) hours after the Owner-Operator is hired, such notice to be given to the Dispatch Office in the district in which the work is being performed and confirmed in writing within twenty-four (24) hours thereafter. A copy of the notification shall be furnished by the contracting Employer to the Owner- Owner-Operator and this copy shall be in the possession of the Owner-Operator at all times, so long as he remains on the job or project. This notice must be produced upon request by the Union. Failure of the Owner-Operator to produce a copy of the aforementioned notification and proof of ownership of the equipment being operated shall be cause for his removal from the job or project until the Owner-Operator and the Employer have complied with the requirements of this paragraph. The Owner-Operator is subject to the provisions of Article II, Sections D and E.Section E, Paragraph 8. 4. (a) a. Effective from the time the Owner-Operator first reports to work on the job or project, the Contractor shall take all necessary steps to make the Owner- Owner-Operator an actual bona fide employee of the Contractor. The Contractor shall retain and exercise supervision and control over the manner and means by which the Owner-Operator performs work under this Agreement, and shall treat the Owner-Operator in all respects as any other employee of the Contractor is treated, except as otherwise provided in this Section S. 0. The Contractor shall deal with the Owner-Operator solely in an employer- employer-employee relationship, relationship and shall not treat the Owner-Operator as a self- self-employed person, independent contractor or brokered service. The Contractor shall not act as a broker of Owner-Operator services to any other party party, and any payment by the Contractor to any broker or other person except a signatory subcontractor Subcontractor for the services of an Owner-Operator shall be a violation of this Agreement.

OWNER OPERATOR. 1. Whenever “"Owner-Operator” " is used in this paragraphSection, it means Operating Engineer equipment Operatoroperator-Employee employees only. The classification of Heavy Duty Repairman/Welder Repairman (Welder) or a Lubrication and Service Engineer of equipment (generators, welding machines, fixed drills, grease trucks, lube trucks) are covered elsewhere in this Agreement. Nothing in this paragraph Section shall apply to any person or equipment except where the owner of the equipment operates the equipment in the performance of work, work covered by this Agreement for an individual Employer. 2. An Owner-Operator is a person who has legal or equitable title to his equipment and operates the equipment himself on work covered by this Agreement Agreement, and he shall operate only that equipment to which he has legal or equitable title. An Owner- Operator shall have proof of ownership of the equipment being operated in his possession at all times and shall produce such proof of ownership upon request by the Union or the Contractor. It is further agreed that at any time an individual Owner- Owner-Operator has a piece of equipment operated by someone other than himself on any given job or project, then the provisions of this Section S O will not apply to such equipment, rather, Article I, Section BB-6, Paragraph 11 of this Agreement shall become applicable. 3. The Owner-Operator shall not be subject to the provisions of Article II, Section IE, Paragraphs 2(aParagraph 10 b., Subparagraphs (1), (b2) and (c3) of this Agreement, provided that the Owner-Operator has signed a W-4 Form form and becomes a bona fide employee of the Employer prior to going to work and the Union shall be notified of the name and social security number of the Owner-Operator within twenty-four (24) hours after the Owner-Operator is hired, such notice to be given to the Dispatch Office in the district in which the work is being performed and confirmed in writing within twenty-four (24) hours thereafter. A copy of the notification shall be furnished by the contracting Employer to the Owner- Owner-Operator and this copy shall be in the possession of the Owner-Operator at all times, so long as he remains on the job or project. This notice must be produced upon request by the Union. Failure of the Owner-Operator to produce a copy of the aforementioned notification and proof of ownership of the equipment being operated shall be cause for his removal from the job or project until the Owner-Operator and the Employer have complied with the requirements of this paragraph. The Owner-Operator is subject to the provisions of Article II, Sections D and E.Section E, Paragraph 8. 4. (a) a. Effective from the time the Owner-Operator first reports to work on the job or project, the Contractor shall take all necessary steps to make the Owner- Owner-Operator an actual bona fide employee of the Contractor. The Contractor shall retain and exercise supervision and control over the manner and means by which the Owner-Operator performs work under this Agreement, and shall treat the Owner-Operator in all respects as any other employee of the Contractor is treated, except as otherwise provided in this Section S. O. The Contractor shall deal with the Owner-Operator solely in an employer- employer-employee relationship, relationship and shall not treat the Owner-Operator as a self- self-employed person, independent contractor or brokered service. The Contractor shall not act as a broker of Owner-Operator services to any other party party, and any payment by the Contractor to any broker or other person except a signatory subcontractor Subcontractor for the services of an Owner-Operator shall be a violation of this Agreement.