Common use of PRESERVATION OF WORK Clause in Contracts

PRESERVATION OF WORK. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay: 1. To affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and, 2. Into the affected Joint Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels. SECTION 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement that may be available to the Union and/or the Joint Trust Funds.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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PRESERVATION OF WORK. Section 1. To protect and preserve, for the employees Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device devices or subterfuge to avoid the protection and preservation of such work, work it is agreed as follows: If the Employer performs on-site onsite construction work of the type covered by this Agreement, Agreement under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, Employer through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (exercise directly) through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay: pay (1. To ) to affected employees Employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees Employees have lost because of the violations, and, and (2. Into ) into the affected Joint Trust Funds to which this Agreement requires contributions, contributions any delinquent contributions delinquency that resulted from by the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channelschannel. SECTION Section 3. If, after an the Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violationviolations, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the The Joint Trust FundsFund, plus costs cost of the litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement that Article, which may be available to the Union and/or the The Joint Trust Funds.

Appears in 1 contract

Samples: Collective Bargaining Agreement

PRESERVATION OF WORK. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator arbitrator shall be able, at the request of the Union, to require an Employer to pay: pay 1. To ) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and, and 2. Into ) into the affected Joint Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels. SECTION Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement that may be available to the Union and/or the Joint Trust Funds.that

Appears in 1 contract

Samples: Collective Bargaining Agreement

PRESERVATION OF WORK. Section 1. To protect and preserve, for the employees Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device devices or subterfuge to avoid the protection and preservation of such work, work it is agreed as follows: If the Employer performs on-site onsite construction work of the type covered by this Agreement, Agreement under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, Employer through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (exercise directly) through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay: pay (1. To ) to affected employees Employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees Employees have lost because of the violations, and, and (2. Into ) into the affected Joint Trust Funds to which this Agreement requires contributions, contributions any delinquent contributions delinquency that resulted from by the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels. SECTION Section 3. If, after an the Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violationviolations, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the The Joint Trust FundsFund, plus costs cost of the litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement Article, that may be available to the Union and/or the The Joint Trust Funds.

Appears in 1 contract

Samples: Collective Bargaining Agreement

PRESERVATION OF WORK. SECTION 1. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-on- site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. SECTION 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay: pay 1. To ) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and, and 2. Into ) into the affected Joint Trust Funds to which this Agreement agreement requires contributions, contributions any delinquent contributions that resulted from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (governmental, for example, the National Labor Relations Board) Board channels. SECTION 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from such legal action. This Section section does not affect other remedies, whether provided by law or this Agreement Article that may be available to the Union and/or the Joint Trust Funds.

Appears in 1 contract

Samples: Floor Covering Master Agreement

PRESERVATION OF WORK. Section 1. To protect and preserve, for the employees Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device devices or subterfuge to avoid the protection and preservation of such work, work it is agreed as follows: If the Employer performs on-site onsite construction work of the type covered by this Agreement, Agreement under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, Employer through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (exercise directly) through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay: pay (1. To ) to affected employees Employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees Employees have lost because of the violations, and, and (2. Into ) into the affected Joint Trust Funds to which this Agreement requires contributions, contributions any delinquent contributions delinquency that resulted from by the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channelschannel. SECTION Section 3. If, after an the Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violationviolations, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the The Joint Trust FundsFund, plus costs cost of the litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement Article, that may be available to the Union and/or the The Joint Trust Funds.

Appears in 1 contract

Samples: Collective Bargaining Agreement

PRESERVATION OF WORK. To protect 32.01 Effective the date of signing of this Agreement and preserveexpiring April 30, for 2016, the employees covered by this Agreement, all work they have performed parties agree that if and all work covered by this Agreement, and to prevent when the employer shall perform any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this AgreementAgreement at the site of a construction project, under its own name or under the name of another, as a corporation, company, partnership, partnership or any other business entity, including a joint venture, wherein the Employer, through Employer (including its officers, directors, partners, owners, partners or stockholders, ) exercises either directly or indirectly (such as through family members members) any significant degree of ownership, management or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION 2. 32.02 The employer shall operate a strictly union shop and shall not employ non-union tradesmen either in their own right or through any affiliated, subsidiary or related company. 32.03 All charges of alleged violations of Section 1 of this the Article shall be considered as a dispute under this Agreement and shall be processed in accordance with the grievance and arbitration provisions of this Agreement on the handling of grievances and the final and binding resolution of disputesAgreement. As a remedy for violations of this Article, the Joint Trade Board any arbitrator or Arbitrator arbitration board appointed under this Agreement shall be able, empowered at the Unions request of the Union, to require an the Employer to pay: (1. To ) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those lost by such employees have lost because as a result of the violations, and, and (2. Into ) pay into the affected Joint Trust Funds to which joint trust funds established under this Agreement requires contributions, any delinquent contributions that to such funds which have resulted from the violations, including such interest as may be prescribed by the arbitrator or arbitration board. The Joint Trade Board or Arbitrator Provision of this remedy herein shall be able also not make it the inclusive remedy to provide any other appropriate remedies, whether provided by law or the Union for violations of this Agreement. The ; nor does it make the same as other remedies unavailable to the Union shall enforce a decision for violations of the Joint Trade Board or Arbitrator under other Articles of this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channelsAgreement. SECTION 3. 32.04 If, after an Employer has violated as a result of violation of this Article, it is necessary for the Union and/or the Trustees of one or more Joint Trust Funds the joint funds to which this Agreement requires contributions institute legal court action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violationin accordance with Section 32.03 above, or to defend an as action that which seeks to vacate such awardawards, the Employer shall pay any an accountants’ and/or and attorneys’ fees incurred by the Union and/or the Joint Trust Fundsfund trustees, plus costs of the litigation, that have resulted from such legal court action. This Section does not affect other remedies, whether provided by law or this Agreement that may be available to the Union and/or the Joint Trust FundsEmployers pay only if found guilty.

Appears in 1 contract

Samples: Collective Labour Agreement

PRESERVATION OF WORK. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator arbitrator shall be able, at the request of the Union, to require an Employer to pay: pay 1. To ) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and, and 2. Into ) into the affected Joint Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels. SECTION Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement that may be available to the Union and/or the Joint Trust Funds.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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PRESERVATION OF WORK. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay: pay 1. To ) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and, and 2. Into ) into the affected Joint Trust Funds to which this the Agreement requires contributions, any delinquent contributions that resulted from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels. SECTION Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants' and/or attorneys' fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from such legal action. This Section section does not affect other remedies, whether provided by law or this Agreement Article that may be available to the Union and/or the Joint Trust Funds.

Appears in 1 contract

Samples: Master Drywall Agreement

PRESERVATION OF WORK. To protect Effective the date of signing of this Agreement and preserve, for expiring April the employees covered by this Agreement, all work they have performed parties agree that if and all work covered by this Agreement, and to prevent when the employer shall perform any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this AgreementAgreement at the site of a construction project, under its own name or under the name of another, as a corporation, company, partnership, partnership or any other business entity, including a joint venture, wherein the Employer, through Employer (including its officers, directors, partners, owners, partners or stockholders, ) exercises either directly or indirectly (such as through family members members) any significant degree of ownership, management or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION 2, The employer shall operate a strictly union shop and shall not employ non-union tradesmen either in their own right or through any affiliated, subsidiary or related company. All charges of alleged violations of Section 1 of this the Article shall be considered as a dispute under this Agreement and shall be processed in accordance with the grievance and arbitration provisions of this Agreement on the handling of grievances and the final and binding resolution of disputesAgreement. As a remedy for violations of this Article, the Joint Trade Board any arbitrator or Arbitrator arbitration board appointed under this Agreement shall be able, empowered at the Unions request of the Union, to require an the Employer to pay: 1. To pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those lost by such employees have lost because as a result of the violations, and, 2. Into into the affected Joint Trust Funds to which joint trust funds established under this Agreement requires contributions, any delinquent contributions that to such funds which have resulted from the violations, including such interest as may be prescribed by the arbitrator or arbitration board. The Joint Trade Board Provision of this remedy herein shall not make it the inclusive remedy to the Union or Arbitrator shall be able also violations of this Agreement; nor does it make the same as other remedies unavailable to provide any the Union for violations of other appropriate remedies, whether provided by law or Articles of this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels. SECTION 3. If, after an Employer has violated as a result of violation of this Article, it is necessary for the Union and/or the Trustees of one or more Joint Trust Funds the joint funds to which this Agreement requires contributions institute legal court action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violationin accordance with Section above, or to defend an as action that which seeks to vacate such awardawards, the Employer shall pay any an accountants’ and/or ' and attorneys' fees incurred by the Union and/or the Joint Trust Fundsfund trustees, plus costs of the litigation, that have resulted from such legal court action. This Section does not affect other remedies, whether provided by law or this Agreement that may be available to the Union and/or the Joint Trust FundsEmployers pay only if found guilty.

Appears in 1 contract

Samples: Collective Labour Agreement

PRESERVATION OF WORK. SECTION 1. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-on- site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. SECTION 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay: pay 1. To ) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and, and 2. Into ) into the affected Joint Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels.Joint SECTION 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from such legal action. This Section section does not affect other remedies, whether provided by law or this Agreement Article that may be available to the Union and/or the Joint Trust Funds.

Appears in 1 contract

Samples: Floor Covering Master Agreement

PRESERVATION OF WORK. SECTION 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. SECTION 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay: : 1. To ) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and, and 2. Into ) into the affected Joint Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental (for example, the National Labor Relations Board) channels. SECTION 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement that may be available to the Union and/or the Joint Trust Funds.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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