Common use of Owner-Operators Clause in Contracts

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 deductions made by the Employer in each month shall be remitted to the Union by the Employer not later than the fifteenth (15th) day of the following month and each such remittance shall be accompanied by an Operating Engineers' Benefits Plan form properly completed by the Employer. Such Benefits Plan form shall be provided for the Employer by the Union. (e) The rate established between the Owner-Operator and the Employer shall include all of (f) It is agreed that the provisions of Article

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 deductions made by the Employer in each month shall be remitted to the Union by the Employer not later than the fifteenth (15th) day of the following month and each such remittance shall be accompanied by an Operating Engineers' Benefits Plan form properly completed by the Employer. Such Benefits Plan form shall be provided for the Employer by the Union.Benefits (e) The rate established between the Owner-Operator and the Employer shall include all ofof the benefits that are otherwise contained in this Agreement. The Owner-Operator may become an Employee of the Employer and covered by this Agreement. (f) It is agreed that the provisions of Article

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 classification 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 or her pay, remuneration, compensation or reward for such work, is in the relationship of servant analogues to masterthat of employee to employer; (iii) a person who has been determined to be an "Employeeemployee" pursuant to the provisions of the Labour Relations Code of British ColumbiaColumbia or the Canada Labour Code. (b) Owner-Operator Audit: The Employer Company will provide a list of their payables without any numbers and the Company Accountant shall provide a list of Owner-Operators who were employed during the period requested. (c) The Company agrees that he they will not, under any circumstances, engage an Owner- Operator owner- operator to perform work for him them unless and until the Ownerowner-Operatoroperator, prior to the commencement of such work: (i) proves to the Employer Company 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 Ownerowner-Operator operator performs such work, authorizing and directing the Employer Company to deduct from the pay, remuneration, compensation or reward earned by the Ownerowner-Operator operator the sum of:equal to that amount as outlined in Schedule "A" - Total Employer/Employee contributions for each hour worked and travelled, and to remit the same to the Union to be applied by the Union in the manner described in paragraph (d) of this section. (iv) agrees that the Employer may withhold a reasonable sum pending presentation by the Ownerowner-Operator operator of a WorkSafeBC Workers' Compensation Board clearance letter pertaining to assessments. (cd) 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 Ownerowner-Operator 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)Engineers' Joint Apprenticeship Plan, the Operating Engineers' 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 Operating Engineers' Advancement Fund, the Construction Industry Rehabilitation Fund, the D&A Policy, the Canadian Building Trades, the Coalition of BC Building Trades, Fund and working dues checkoffcheck off and all other funds as set out in this Agreement. (de) The total of such deductions made by the Employer in each month shall be remitted to the Union by the Employer not later than the fifteenth (15th) day of the following month and each such remittance shall be accompanied by an Operating Engineers' Benefits Welfare Plan form properly completed by the Employer. Such Benefits Welfare Plan form shall be provided for the Employer by the Union. The method of deductions and remittances referred to above, shall be consistent with Article 61 of this Agreement. (ef) The rate established between the Ownerowner-Operator operator and the Employer shall include all ofof the benefits that are otherwise contained in this Collective Agreement. Payments of these established rates will be paid to the Owner-Operator every thirty (30) days. If a holdback is required, it shall be in accordance with the Builders Lien Act of B.C. (fg) The owner-operator may become an employee of the Employer and be covered by this Collective Agreement. (h) 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. (i) 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 Articlethis Agreement, or depriving any employee of employment. (j) It is agreed that the Employer shall not have more than one (1) owner-operator employed for each three (3) Operating Engineers on their payroll. This ratio may be extended by mutual agreement between the Employer and the Union.

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 deductions made by the Employer in each month shall be remitted to the Union by the Employer not later than the fifteenth (15th) day of the following month and each such remittance shall be accompanied by an Operating Engineers' Benefits Plan form properly completed by the Employer. Such Benefits Plan form shall be provided for the Employer by the Union. (e) The rate established between the Owner-Operator and the Employer shall include all ofof the benefits that are otherwise contained in this Agreement. The Owner-Operator may (f) It is agreed that the provisions of Article