RECOGNITION AND SUB-CONTRACTING Sample Clauses

RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bargaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bargaining rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 The Union recognizes the Employer as the exclusive bargaining agent for all employers of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in the industrial, commercial and institutional sector for the construction industry in the Province of Ontario for whom the Brick and Allied Craft Union has bargaining rights. The Union and Guild agree to advise each other of any new signatories to the Agreement. 1.03 Any Employer who is a party to this Agreement desirous of subcontracting any work encompassing the skills of members of the Union shall only subcontract said work to an Employer who is party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.04 A joint venture is a project being undertaken by a maximum of one (1) Employer. Each Employer in the joint venture shall be a party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.05 This Agreement applies to construction industry work in the industrial, commercial and institutional (ICI) sector and to non-construction industry work. 1.06 The Parties acknowledge that the BACU has agreed to utilize the hiring halls of IU Locals 6 and 7 respectively and to man jobs in the territory of IU Locals 6 and 7 respectively. 1.07 The Parties agree that the following rules shall apply to Employees who work in locations other than their home locals. All Local Union dues check-off that are deducted under this Collective Agreement shall be paid
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RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bar- gaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bar- gaining rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 The Union recognizes the Employer as the exclusive bar- gaining agent for the individual Employers named in Appendix A and any other Employers desirous of entering into a contractual agreement with the OPC in the Province of Ontario. The Union agrees to advise the Employer of any new signatories to the Agreement. For the purpose of xxxxx- xx, the Employer does not include any contractor in any indi- vidual board area(s) in the Province of Ontario in which the BACU holds the ICI bargaining rights for such contractor. 1.03 Any owner, developer or general contractor who is a party to this Agreement desirous of subcontracting any work encompassing the skills of members of the Union shall only subcontract said work to an Employer who is a party to and bound by this Agreement or the BACU-Guild Province Wide ICI Collective Agreement for Tile. Except in the case of an owner, developer or general con- tractor, an Employer shall only subcontract work covered by this Agreement to a maximum of one (1) other Employer, who shall be a party to and bound by this Agreement or the BACU-Guild Province Wide ICI Collective Agreement for Tile. Except in the case of an owner, developer or general con- tractor, an Employer subcontracting work covered by this Agreement shall, prior to commencing any work which is being subcontracted, provide the Union in writing with: • the name and location of the project, • the name of the client/general contractor, • the name of the subcontractor, • the estimated start and completion date of the work, and • an approximation of the number of hours contained in the subcontract. Except in the case of an owner, developer or general con- tractor, where an Employer subcontracts out work in accordance with the terms of this Agreement, the subcon- tractor shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly paid Employees. In the event that such subcontractor does not make s...
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RECOGNITION AND SUB-CONTRACTING. (a) The Employer the Union as the exclusive bargaining agent for Bricklayers, Stonemasons and Plasterers, their respective Apprentices, Improvers and Working foremen in his employ in the Province of Ontario, in areas described in Appendix hereto. The Union the Employer as the exclusive any other Employers desirous of entering into a contractual agreement with the Union in the geographic areas as described in Appendix hereto. Any Employer who is a party to this Agreement desirous of contracting or sub-contracting any work encompassing the skills Ontario Provincial Conference shall only contract or sub-contract same to a contractor or sub-contractor who is bound by the Provincial Agreement with the Ontario Provincial Conference. Without restricting in any way the application of the subcontracting provision contained in Article 1 Agree- ment, an Employer who undertakes a contract with an owner to provide construction management services shall be subject to Article 1 unless: to this Agreement to bid on work covered by this Agreement and solely and directly solicits or obtains bid(s) for such work from such contractor(s) without any involvement or participation by the employer in the selection of such contractor(s) (except as to the validity bids) solicitation or obtaining bid(s) any contractor(s) regardless ofwhether it (they) is (are) bound or otherwise to this Agreement; The owner accepts bid(s) from contractor(s) not bound to this Agreement; and, The owner contracts or subcontracts directly with contractor(s) not bound to this Agreement without con- tractual obligation of the Employer for the work of such contractor(s), otherthan for thenegligent omissions of the Employer. . Any failure to comply with Article Agreement shall render the Employer liable for damages equivalent to those for the breach of the subcontracting provision set forth in Article
Sample 1
RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bar- gaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bar- gaining rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild.
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RECOGNITION AND SUB-CONTRACTING. The members of the Ontario Masonry Contractors’ Association, as out- lined in ARTICLE 17 - of this Appendix, and such other Employers who are or become bound to this Collective Agreement hereinafter referred to jointly and sev- erally as the “Employer”, recognize the Union as the exclusive Employee Bargaining Agency for xxxxx tenders in the employ of the Employer while performing work outlined in ARTICLE 2 - and classified under Schedule ‘A’ of this Appendix in the Province of Ontario in the areas outlined in Schedule ‘B’ of the Master Portion of the Agreement and agree to be bound by the terms and conditions as set out in this Appendix. This Appendix applies to all Employers that perform work outlined in Article 2 and/or Schedule A.
Sample 1
RECOGNITION AND SUB-CONTRACTING. 1.01 The members of the Ontario Masonry Contractors’ Association, as outlined in Article 17 of this Appendix, and such other Employers who are or become bound to this Collective Agreement hereinafter referred to jointly and severally as the “Employer”, recognize the Union as the exclusive Employee Bargaining Agency for xxxxx tenders in the employ of the Employer while performing work outlined in Article 2 and classified under Schedule ‘A’ of this Appendix in the Province of Ontario in the areas outlined in Schedule ‘B’ of the Master Portion of the Agreement and agree to be bound by the terms and conditions as set out in this Appendix. This Appendix applies to all Employers that perform work outlined in Article 2 and/ or Schedule A. 1.02 The administration of this Appendix shall be the sole and exclusive function of the Ontario Masonry Contractors’ Association, including the processing of all grievances and finalization thereof in accordance with Article 14 of the Master Portion of this Agreement.
Sample 1
RECOGNITION AND SUB-CONTRACTING. (a) The Employer recognizes the Union as the exclusive bargaining agent for Marble, Tile & Terrazzo, Cement Masons and Resilient Floor Layers and their Helpers, their respective Apprentices, Improvers and Working Foremen in its employ in the Province of Ontario. The Employer recognizes the Territorial Jurisdiction of the Local Union as described in Appendix “B” hereto. (b) The Union recognizes the Employer as the exclusive bargaining agent for all members as outlined in Appendix "A” and all Signatories in Appendix "A2” shall be bound to this Agreement and any other Employers desirous of entering into a Contractual Agreement with the Union in the Province of Ontario. (c) Any Employer who is a Party to this Agreement desirous of sub-contracting any work encompassing the skills and members of the Brick and Allied Craft Union of Canada and only after the Employer has first requested the Local Union to supply members in order to perform the work itself and members of the Local Union are not available as requested, shall only then sub-contract same to a sub-contractor who has signed the Provincial Agreement with the Brick and Allied Craft Union of Canada.
Sample 1
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RECOGNITION AND SUB-CONTRACTING. (a) The Employer recognizes the Union as the exclusive bargaining agent for Bricklayers, Stonemasons and Plasterers, their respective Apprentices, Improvers and Working foremen in his employ in the Province of Ontario, in areas described in Appendix “B”. (b) The Union recognizes the Employer as the exclusive bargaining agent for all members as outlined in Appendix “A” and any other Employers desirous of entering into a contractual agreement with the Union in the geographic areas as described in Appendix “B” hereto. (c) MIECO recognizes that as a result of a servicing agreement dated June 21, 2001, entered into by the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers (“OPC”) the OPC and its locals have authorized the BACU and its locals to act as their agents with respect to the administration and servicing of the Collective Agreement and MIECO agrees to recognize the BACU and its locals in their capacity as agents of the OPC with respect thereto. The OPC agrees to save, hold harmless and indemnify MIECO and its employer members with respect to any actions, claims or other injuries suffered as a result of such recognition. (d) Any Employer who is a party to this Agreement desirous of contracting or sub- contracting any work encompassing the skills of members of the “Union” shall only contract or sub-contract same to a contractor or sub-contractor who is bound by the Provincial Agreement with the “Union”. (e) Without restricting in any way the application of the subcontracting provision contained in Article 1 (c) of this Agreement, an Employer who undertakes a contract with an owner to provide construction management services shall be subject to Article 1 (d) unless: i) The owner selects contractor(s) not bound to this Agreement to bid on work covered by this Agreement and solely and directly solicits or obtains bid(s) for such work from such contractor(s) without any involvement or participation by the employer in the selection of such contractor(s) (except as to the validity of the bids) or the solicitation or obtaining of any bid(s) from any contractor(s) regardless of whether it (they) is (are) bound or otherwise to this Agreement; ii) The owner accepts bid(s) from contractor(s) not bound to this Agreement; and, iii) The owner contracts or subcontracts directly with contractor(s) not bound to this Agreement without contractual obligation of the Employer for the work of such contractor(s), other than for the n...
Sample 1
RECOGNITION AND SUB-CONTRACTING. The Employer recognizes the Union as the exclusive bar- gaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bar- gaining rights. The Employer recognizes the territorial juris- diction of the Local Unions as described in Appendix B hereto. The Union recognizes the Employer as the exclusive bar- gaining agent for the individual Employers named in Appendix A and any other Employers desirous of entering into a contractual agreement with the in the Province of Ontario. Any Employer who is a party to this Agreement, save and except owners, developers and general contrac- tors, shall not sub-contract any part of the contract encompassing the skills of the members of the Union. Any owner, developer or general contractor who is a party to this Agreement desirous of sub-contracting
Sample 1

Related to RECOGNITION AND SUB-CONTRACTING

  • RECOGNITION AND SCOPE 1.01 The Company agrees to recognize the Union as the sole collective bargaining agent for employees covered by this Agreement. 1.02 This Agreement shall apply to all Craft and Services employees of the Company covered by the certification order of The Canada Labour Relations Board dated May 28, 1976. When the parties mutually agree that a new occupation established during the term of this Agreement has clearly a number of significant points in common with the other occupations within the unit, such new occupation shall fall within the scope of this Agreement.

  • RECOGNITION AND MEMBERSHIP (TA 5/9/19)‌ 16 Section 1. The Hospital recognizes the Association as the collective bargaining 17 representative with respect to wage rates, hours of work, and other conditions of 18 employment for a bargaining unit composed of all categories of registered nurses 20 Hospital shall not challenge the status of bargaining unit nurses or assert that 21 bargaining unit nurses are supervisors.

  • RECOGNITION AND NEGOTIATIONS The Employer or anyone authorized to act on their behalf recognizes the Union as the sole collective bargaining agency for its employees classified and covered by this Agreement. The Employer agrees to negotiate with the Union or anyone authorized to act on behalf of the Union, in any and all matters affecting the relationship between the parties to this Agreement.

  • ASSIGNMENT AND SUB-CONTRACTING The benefit and burden of this Contract may not be assigned or sub-contracted in whole or in part by the Contractor without the prior written consent of the Department. Such consent may be given subject to any conditions which the Department considers necessary. The Department may withdraw its consent to any sub-contractor where it no longer has reasonable grounds to approve of the sub-contractor or the sub-contracting arrangement and where these grounds have been presented in writing to the Contractor.

  • RECOGNITION AND BARGAINING UNIT The City hereby recognizes the Union as the exclusive collective bargaining representative for the purpose stated in Chapter 41.56 RCW as last amended of all employees commissioned under the LEOFF System employed within the bargaining unit defined by classifications listed in Appendix A to this agreement.

  • RECOGNITION AND COVERAGE 1. The Company recognizes the Union as the exclusive representative of a bargaining unit made up of production, maintenance, office, technical, clerical and railroad employees of the Company, excluding only managers, confidential employees, supervisors and guards as defined under the National Labor Relations Act. Individuals in the bargaining unit shall be known as “Employees.” Individuals who are employed by the Company and are not in the bargaining unit shall be known as “non-bargaining unit employees.” Individuals who are in the bargaining unit and those who are not in the bargaining unit shall be known collectively as “employees.” 2. Except as expressly provided herein, the provisions of this BLA constitute the sole procedure for the processing and settlement of any claim by an Employee or the Union of a violation by the Company of this Agreement. As the representative of the Employees, the Union may process grievances through the grievance procedure, including arbitration, in accordance with this BLA or may adjust or settle same. 3. When the Company establishes a new or changed job whose duties include a material level of production, maintenance, office, technical or clerical work; the resulting job shall be considered a job covered within the bargaining unit; provided that where non-bargaining unit duties are added to a job in the bargaining unit on a temporary basis, they may be withdrawn. 4. It is understood that supervisors at a plant shall not perform work on a job normally performed by the bargaining unit except: a. experimental work; b. demonstration work performed for the purpose of instructing and training Employees; c. work required by conditions which, if not performed, might result in interference with operations, bodily injury or loss or damage to material or equipment; and d. work that would be unreasonable to assign to an Employee or which is negligible in amount. reasonably be identified, the Company shall pay such Employee his/her applicable Regular Rate of Pay for the time involved or for four (4) hours, whichever is greater.

  • TRANSFER AND SUB-CONTRACTING 31.1 This Framework Agreement is personal to the Supplier and the Supplier shall not assign, novate or otherwise dispose of or create any trust in relation to any or all rights and obligations under this Framework Agreement or any part thereof without the Approval. 31.2 Notwithstanding the provisions of Clause 31.1 above, the Supplier shall be entitled to Sub-Contract its obligations to supply the Services to those Sub-Contractors listed in Framework Agreement Schedule 2 (Sub-Contractors). The Supplier shall ensure that terms are included in any Sub-Contract permitted under this Framework Agreement which: 31.2.1 require the Supplier to pay any undisputed sum due to the relevant Sub-Contractor within a specified period that does not exceed thirty (30) calendar days from the date the Supplier receives the Sub-Contractor's invoice; and 31.2.2 prohibit the Sub-Contractor from further sub-contracting any element of the service provided to the Supplier without Approval. 31.3 The Supplier shall not substitute or remove a Sub-Contractor or appoint an additional sub-contractor without Approval, such Approval not be unreasonably withheld or delayed. Such consent shall not constitute approval or endorsement of such substitute or additional sub-contractor and the Supplier shall remain responsible for the provision of the Ordered Services at all times. 31.4 The Authority may require the Supplier to terminate a Sub-Contract where it considers that: 31.4.1 the Sub-Contractor may prejudice the provision of the Services or may be acting contrary to the interests of the Authority; 31.4.2 the Sub-Contractor is considered to be unreliable and/or has not provided reasonable services to its other customers; and/or 31.4.3 the Sub-Contractor employs unfit persons; 31.5 In the event that the Authority exercises its right pursuant to Clause 31.4 above, the Supplier shall remain responsible for maintaining the provision of the Services. 31.6 Despite any permitted Sub-Contract pursuant to this Clause 31, the Supplier at all times shall remain responsible for all acts and omissions of its Sub-Contractors and the acts and omissions of those employed or engaged by the Sub-Contractors as if they were its own. An obligation on the Supplier to do, or refrain from doing, any act or thing shall include an obligation upon the Supplier to procure that its employees, staff, agents and the Sub-Contractors', employees, staff and agents also do, or refrain from doing, such act or thing. 31.7 The Authority shall be entitled to: 31.7.1 assign, novate or otherwise dispose of its rights and obligations under this Framework Agreement or any part thereof to any Other Contracting Body; or 31.7.2 novate, transfer or otherwise dispose of its rights and obligations under this Framework Agreement to any other body (including any private sector body) which substantially performs any of the functions that previously had been performed by the Authority. 31.8 The Supplier shall enter into such agreement and/or deed as the Authority shall reasonably require so as to give effect to any assignment, novation, transfer or disposal made pursuant to Clause 31.7 above.

  • Recognition and Rights of Stewards The Employer recognizes the Union's right to select stewards to represent employees. The Employer and the Union will agree on the number of stewards, taking into account both operational and geographic considerations. The Union agrees to provide the Employer with a list of the employees designated as stewards. A xxxxxxx shall make every effort to perform the duties of a xxxxxxx outside of normal working hours. If this is not possible, a xxxxxxx, or her alternate, shall obtain the permission of her immediate supervisor before leaving her work to perform her duties as a xxxxxxx. Leave for this purpose shall be without loss of pay. Such permission shall not be unreasonably withheld. On resuming her normal duties, the xxxxxxx shall notify her supervisor. The duties of stewards shall include: (a) investigation of complaints of an urgent nature; (b) investigation of grievances and assisting any employee whom the xxxxxxx represents in presenting a grievance in accordance with the grievance procedure; (c) supervision of ballot boxes and other related functions during ratification votes; (d) carrying out duties within the realm of safety responsibilities, these being recognized as complaints of an urgent nature which require immediate attention; (e) attending meetings called by the Employer.

  • SUB-CONTRACTING 34.1. The Purchaser approves the appointment of the sub-contractors specified in Schedule 5.6 (Approved Sub-contractors) in respect of the obligations specified in that Schedule. 34.2. The Service Provider may not sub-contract its obligations under the Contract to other sub-contractors without the prior written consent of the Purchaser. Sub-contracting of any part of the Contract shall not relieve the Service Provider of any obligation or duty attributable to the Service Provider under the Contract. The Service Provider shall be responsible for the acts and omissions of its sub-contractors as though they are its own. 34.3. Where the Service Provider enters into a sub-contract the Service Provider must ensure that a provision is included which: 34.3.1. requires payment to be made of all sums due by the Service Provider to the sub- contractor within a specified period not exceeding 30 days from the receipt of a valid invoice as defined by the sub-contract requirements and provides that, where the Purchaser has made payment to the Service Provider in respect of Services and the sub-contractor’s invoice relates to such Services then, to that extent, the invoice must be treated as valid and, provided the Service Provider is not exercising a right of retention or set-off in respect of a breach of contract by the sub-contractor or in respect of a sum otherwise due by the sub-contractor to the Service Provider, payment must be made to the sub-contractor without deduction; 34.3.2. notifies the sub-contractor that the sub-contract forms part of a larger contract for the benefit of the Purchaser and that should the sub-contractor have any difficulty in securing the timely payment of an invoice, that matter may be referred by the sub-contractor to the Purchaser; 34.3.3. requires that all contracts with sub-contractors and suppliers which the sub- contractor intends to procure, and which the sub-contractor has not before the date of this Contract, already planned to award to a particular supplier are advertised through the Public Contracts Scotland procurement portal (xxx.xxxxxxxxxxxxxxxxxxxxxxx.xxx.xx) and awarded following a fair, open, transparent and competitive process proportionate to the nature and value of the contract; and 34.3.4. is in the same terms as that set out in this clause 34.3 (including for the avoidance of doubt this clause 34.3.4 subject only to modification to refer to the correct designation of the equivalent party as the Service Provider and sub-contractor as the case may be. 34.4. The Service Provider shall also include in every sub-contract: 34.4.1 a right for the Service Provider to terminate that sub-contract if the relevant sub- contractor fails to comply in the performance of its contract with legal obligations in the fields of environmental, social or employment law or if any of the termination events (involving substantial modification of the Contract, contract award despite the existence of exclusion grounds or a serious infringement of EU legal obligations) specified in clause 56.3 occur; and 34.4.2 a requirement that the sub-contractor includes a provision having the same effect as 34.4.1 in any sub-contract which it awards. In this clause 34.4, ‘sub-contract’ means a contract between two or more service providers, at any stage of remoteness from the Purchaser in a sub-contracting chain, made wholly or substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Contract. 34.5. Where requested by the Purchaser, copies of any sub-contract must be sent by the Service Provider to the Purchaser as soon as reasonably practicable. 34.6. Where the Service Provider proposes to enter into a sub-contract it must: 34.6.1 advertise its intention to do so in at least one trade journal, [at least one newspaper circulating in [refer to locality]] and the Public Contracts Scotland Portal; and 34.6.2 follow a procedure leading to the selection of the sub-contractor which ensures reasonable competition following principles of equal treatment, non-discrimination and transparency and which ensures that such procedure is accessible by small and medium enterprises.

  • CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree to the following required by Texas law as of September 1, 2021: Proposing Company is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the Proposing Company for product warranty and support purposes. Company, certifies that neither it nor its parent company nor any affiliate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See Tex. Gov’t Code § 2274.0101(2) of SB 1226 (87th leg.). The company verifies and certifies that company will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

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