Common use of Owner-Operators Clause in Contracts

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. For the purpose of this section, the following classifications are not recognized as owner/operators: heavy duty mechanics, welders, service truck operators and heavy heavy-duty greasers. Where an owner/operator performs work for which they have been hired, or which they have sub-contracted, they shallwill, 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 will abide by all the provisions of this Agreement, and shallwill, when working beyond five fifteen (515) working days, be accorded all rights, benefits and privileges of this Agreement. When the owner/operator works beyond five fifteen (515) working days, they shall will thereafter become an employeeEmployee, and be paid wages in accordance with the hours of work and wage rates of this Agreement. (Such payment shall will not include time spent in the repair, servicing or maintaining of their own equipment.) Payment of wages shall will 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 will be members of the UnionUnions. 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 will 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 Employee of employment.