Common use of Piecework Clause in Contracts

Piecework. A. The parties recognize that the piecework method of payment of wages frequently makes it impossible to calculate the hours worked by the employee; that the effect is to render it difficult, if not impossible, to enforce this contract so as to insure that employees working there under are receiving the proper negotiated rate and/or that the contractually required contributions are being made as to all hours required to be paid for. Such methods frequently result in the payment of wages to employees below the negotiated levels and the withholding from the Trust Funds and their participants of substantial amounts of contributions, all to the jeopardy of the fiscal integrity of the Trust Funds and the employee benefit programs they support. B. When it is impossible to determine the number of hours worked because of the piecework method of payment, it is agreed that such employee shall be deemed to have worked a minimum of eight (8) hours per day and/or forty (40) hours per week straight time hours during such week. C. Any evidence that the employee's earnings by the piecework method exceed those payable in accordance with the negotiated hourly rate is deemed irrelevant and inadmissible in any proceeding before a competent tribunal whether Board of Arbitration or Court. D. Where an employee is paid an amount equivalent to or greater than the appropriate weekly wage of the area work week, a full work week of contributions shall be paid the Trust Funds, plus any actual hours of overtime worked. E. Where employees are paid an amount less than the equivalent of the appropriate wage rate times the straight time hours of the area work week, the gross compensation paid such employees shall be divided by the appropriate hourly wage rate, and the quotient from that calculation shall be multiplied by the fringe benefit amounts required by the Agreement, and shall be deemed the amounts owed to the Trust Funds. If it is determined that employees actually worked more hours than reported, additional wages may be due as well as fringe benefits.

Piecework. A. The parties recognize that the piecework method of payment of wages frequently makes it impossible to calculate the hours worked by the employee; that the effect is to render it difficult, if not impossible, to enforce this contract so as to insure that employees working there under are receiving the proper negotiated rate and/or that the contractually required contributions are being made as to all hours required to be paid for. Such methods frequently result in the payment of wages to employees below the negotiated levels and the withholding from the Trust Funds and their participants of substantial amounts of contributions, all to the jeopardy of the fiscal integrity of the Trust Funds and the employee benefit programs they support. B. When it is impossible to determine the number of hours worked because of the piecework method of payment, it is agreed that such employee shall be deemed to have worked a minimum of eight (8) hours per day and/or forty (40) hours per week straight time hours during such week. C. Any evidence that the employee's earnings by the piecework method exceed those payable in accordance with the negotiated hourly rate is deemed irrelevant and inadmissible in any proceeding before a competent tribunal whether Board of Arbitration or Court. D. Where an employee is paid an amount equivalent to or greater than the appropriate weekly wage of the area work week, a full work week of contributions shall be paid the Trust Funds, plus any actual hours of overtime worked. E. Where employees are paid an amount less than the equivalent of the appropriate wage rate times the straight time hours of the area work week, the gross compensation paid such employees shall be divided by the appropriate hourly wage rate, and the quotient from that calculation shall be multiplied by the fringe benefit amounts required by the Agreement, Agreement and shall be deemed the amounts owed to the Trust Funds. If it is determined that employees actually worked more hours than reported, additional wages may be due as well as fringe benefits.