Common use of PERSONS PROHIBITED Clause in Contracts

PERSONS PROHIBITED. Only Union members, or those eligible to become members, who are Port employees shall do work presently being performed, previously performed, or capable of being performed by Union members and within the jurisdiction of the Union provided that such work does not fall within the historical jurisdiction of Port employees who are not members of Local #289, Automotive Machinists. All other persons are prohibited from performing such work except as provided below: (a) Work that is performed outside of Port-operated facilities. (b) Work performed within Port-operated facilities that is of an emergency nature, warranty work, or where demonstrations or instructions are provided. The Port has the right to contract such work within the Port's facility. (c) When work requirements exceed the normal level, such as major repair. Or when work is of a specialized nature, such as major modifications, said work may be performed by a Port contractor on Port operated facilities. In any event, individuals directly employed by the Port who are not members of the bargaining unit shall be prohibited from performing said work. The Port will cooperate with the Union to protect prevailing wage rates whenever in the conduct of its business the Port requires work to be done by contract. This condition shall apply when such work is performed both on and off Port operated facilities. Notwithstanding (a), (b) and (c), this Article does not prohibit the Port from leasing equipment/facilities which may be maintained by the employer to whom the equipment/facilities are leased.

PERSONS PROHIBITED. ‌ Only Union members, or those eligible to become members, who are Port employees shall do work presently being performed, previously performed, or capable of being performed by Union members and within the jurisdiction of the Union provided that such work does not fall within the historical jurisdiction of Port employees who are not members of Local #289, Automotive Machinists. All other persons are prohibited from performing such work except as provided below: (a) Work that is performed outside of Port-operated facilities. (b) Work performed within Port-operated facilities that is of an emergency nature, warranty work, or where demonstrations or instructions are provided. The Port has the right to contract such work within the Port's facility. (c) When work requirements exceed the normal level, such as major repair. Or when work is of a specialized nature, such as major modifications, said work may be performed by a Port contractor on Port operated facilities. In any event, individuals directly employed by the Port who are not members of the bargaining unit shall be prohibited from performing said work. The Port will cooperate with the Union to protect prevailing wage rates whenever in the conduct of its business the Port requires work to be done by contract. This condition shall apply when such work is performed both on and off Port operated facilities. Notwithstanding (a), (b) and (c), this Article does not prohibit the Port from leasing equipment/facilities which may be maintained by the employer to whom the equipment/facilities are leased.