Owner-Operators. Owner-operated and manned rented equipment shall in no way be used to circumvent the intentions and provisions of this Agreement. Owner-operated and manned rented equipment shall pay permit fees for all work performed in the first three (3) days in accordance with this Article. Where owner-operated equipment performs work for which he has been engaged and works beyond three (3) calendar days, he shall thereafter become an Employee and be entitled to all of the provisions of this Agreement. The Union will be notified as stipulated in Article 4:03 before an owner-operator is employed on a jobsite. Initial transportation expenses will not apply to owner-operators hired under this clause. In consideration of the special status of owner operators, each owner operator shall contribute for each hour worked to the periodic dues identified in Article 4:02 and funds as identified in Articles 13:03 and 13:04 and the Contract Administration and Industry Development Fees as identified in Article 20:00.
Owner-Operators. When certain miscellaneous trucks and/or equipment are required in excess of the Com- pany’s normal needs and not owned by the Company they may be operated by owner- operators. These Employees will be under the supervision of the Contractor and will work un- der the terms of this Agreement.
Owner-Operators. For the purpose of this section, the following classifications are not recognized as owner/operators: heavy duty mechanics, welders, service truck operators and heavy duty greasers. Where an owner/operator performs work for which they have been hired, or which they have sub-contracted, they shall, prior to commencing such work, be, or become a member of and obtain a clearance from the Union within whose jurisdiction the work is to be performed. They shall abide by all the provisions of this Agreement, and shall, when working beyond five (5) working days, be accorded all rights, benefits and privileges of this Agreement. When the owner/operator works beyond five (5) working days, they shall thereafter become an employee, and be paid wages in accordance with the hours of work and wage rates of this Agreement. (Such payment shall not include time spent in the repair, servicing or maintaining of their own equipment.) Payment of wages shall be made separate to any other payments to which, for any reason, they will or may become entitled. When the Employer rents equipment, the operators of such rented equipment shall be members of the Union. It is agreed that the intent of this Article is to ensure the observance of its provisions for all persons performing work covered by this Agreement. It is further agreed that this Agreement shall prohibit the making or carrying out of any plan, scheme or device which would have the effect of circumventing or defeating any or all of the provisions of this Agreement, or depriving any employee of employment.
Owner-Operators. An owner-operator is defined as a person who owns and operates his own truck. An owner-operator shall be cleared by the Local Union prior to commencement of his work.
Owner-Operators. Notwithstanding the other provisions of this paragraph, the Individual Employer shall comply with the California Labor Code when performing publicly-funded work.
Owner-Operators. When Owner Operators/Dependent Contractors are required they shall be hired in accordance with and shall be governed by the rates, classifications and conditions prescribed in Schedule "B" which shall be contained herein forming part of this Agreement. (Clause applicable to Dependent Contractors.)
Owner-Operators. Initial Restructuring and Reroutes Other Initial Restructuring
Owner-Operators. In the event the Employer employs employee owner-operators, the Employer will negotiate the wages, benefits and working conditions for these owner-operators with TNFINC.
Owner-Operators. (a) The expression "Owner-Operator" as used herein, shall mean any person who performs work within the jurisdiction of the Union for pay, remuneration, compensation or reward of any kind, except:
(i) a person who comes within the job classifications of heavy duty mechanic, welder, service truck operator, heavy duty greaser, or any of them;
(ii) a person who, with respect to the person, firm or corporation who or which provides his pay, remuneration, compensation or reward for such work, is in the relationship of servant to master;
(iii) a person who has determined to be an "Employee" pursuant to the provisions of the Labour Relations Code of British Columbia.
(b) The Employer agrees that he will not, under any circumstances, engage an Owner- Operator to perform work for him unless and until the Owner-Operator, prior to the commencement of such work:
(i) proves to the Employer that he is a member in good standing of the Union, or;
(ii) obtains from the appropriate office of the Union for the area in which such work is to be performed, a clearance or permit to perform such work, and, in either case;
(iii) signs a written form of authorization, which shall be irrevocable during the period in which the Owner-Operator performs such work, authorizing and directing the Employer to deduct from the pay, remuneration, compensation or reward earned by the Owner-Operator the sum of:
(iv) agrees that the Employer may withhold a reasonable sum pending presentation by the Owner-Operator of a WorkSafeBC clearance letter pertaining to assessments.
(c) The Employer further agrees that he will deduct and remit to the Union the contribution rates outlined in Article 3.04 (b) (iii) above for each hour worked and for each hour of travel time earned by the Owner-Operator, and the Union agrees that such remittances by the Employer shall be apportioned and applied on behalf of the Owner-Operator as contributions to the Operating Engineers' Benefits Plan, the Operating Engineers' Pension Plan, the International Union of Operating Engineers Local 115 Training Association (IUOETA), the Tool Allowance Fund, the British Columbia Building Trade Unions (BCBT) Fund, the Bargaining Council of British Columbia Building Trades Unions (BCBCBTU) Fund, the Jurisdictional Assignment Plan Fund, the OE Advancement Fund, the Construction Industry Rehabilitation Fund, the D&A Policy, the Canadian Building Trades, the Coalition of BC Building Trades, and working dues checkoff.
(d) The total of such d...
Owner-Operators. 8.6.1 When a piece of equipment is operated by its owner and is used on work covered by this Agreement, the Employer shall pay the owner-operator of said piece of equipment wages, overtime, travel (and only if the owner-operator is incorporated, also pension, health & welfare), subject to the terms and conditions of this Agreement and the check stubs will show equipment rental separate from other itemized items. In order to protect the employee benefits of this Agreement and the bargaining unit work from dilution due to substandard equipment rental rates, the Employer agrees to pay the proper tariff as established by the W.U.T.C.
