PRESERVATION OF WORK (Anti. Double Breasting)
PRESERVATION OF WORK (Anti. Double Breasting) The following work Preservation of Work (Anti-Double Breasting) language provision as follows in this Article shall only apply to the Duluth, Hibbing-Virginia (Iron Range), Central Minnesota, Mankato, and Springfield-New Ulm Areas. (This Article shall not apply to the Metro, Rochester, Faribault, Red Xxxx, Xxxxxx Xxx, and Xxxxxx Areas). In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any work of the type covered by this Agreement at the site of a construction project, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity, including a joint venture, wherein the Employer (including its officers, directors, owners, partners or stockholders) exercises either directly or indirectly (such as through family members) any significant degree of ownership, management or control, the terms and conditions of this Agreement shall be applicable to all such work. All charges of violations of Section A of this Article shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures for the handling of grievances and the final binding resolution of disputes, as provided in Article 9 of the Agreement Book. As a remedy for violations of this Section, the arbitrator (or arbitration body) provided for in Article 9 is empowered, at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as result of the violations, and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations, including such interest as may be prescribed by the trustees or by law. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violation of this Section; nor does it make the same or other remedies unavailable to the Union for violations of other sections or articles of this Agreement. If, as a result of violation of this Article, it is necessary for the Union and/or the trustees of the joint trust funds to institute court action to enforce an ...
