Common use of RECOGNITION AND SUB-CONTRACTING Clause in Contracts

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

RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bargaining bargain- ing 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 bargain- ing 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 as outlined in Appendix A and shall be bound to this Agreement and any other Employers desirous of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in entering into a contractual agreement with 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 rightsOntario. 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, 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 subcontracting sub-contracting any work encompassing the skills of members of the Union shall only subcontract sub-contract said work to an Employer employ- er who is party to and bound by has signed this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.04 A joint venture . Any owner, developer or general contractor who is a project being undertaken by a maximum of one (1) Employer. Each Employer in the joint venture shall be a party to this Agreement desirous of sub-contracting any work encompassing the skills of members of the Union shall not sub-contract said work without the prior consent of the Union, with any Employer who is in arrears for any contributions, deductions or remit- tances required by the collective agreement. Any Employer who is a party to this Agreement, save and bound except owners, developers and general contrac- tors, shall not sub-contract any part of the contract, however the employer may receive on loan as per Article provided it is on an hourly basis only. An Employer shall not enter into a contract, sub-contract or transfer of work covered by this Agreement without prior con- sent from the Union, with any Employer who is in arrears for any contributions, deductions or the OPC-Guild Provincial ICI Collective required by this 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 paidconfirmed in writing by the Union. See Letter of Understanding, September

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 Guild as the exclusive bargaining agent for all employers 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 of the construction industry in the Province of Ontario for whom the Brick and Allied Craft Union Ontario Provincial Conference has bargaining rights. The Union and Guild agree to advise each other of any new signatories to the this 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 more than 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 parties agree and acknowledge that the BACU has agreed to utilize and its Locals administer the collective agreement including all hiring halls matters in all areas of IU the Province except within the territorial jurisdiction of Locals 6 and 7 respectively and to man jobs in the territory of IU Locals where Local 6 and 7 respectivelyrespectively administer the collective agreement including all hiring matters. 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 paidpaid to the Local Union in whose territory the work is being performed. All benefit contributions including welfare, dental, pension, SUB plans shall be paid to the member’s home Local Union or plan.

RECOGNITION AND SUB-CONTRACTING. 1.01 (a) The Employer recognizes the Union as the exclusive bargaining agent for marbleMarble,Tile &Terrazzo, tile Cement Masons and terrazzo, cement masons and resilient floor layers Resilient Floor Layers and their helpersHelpers, their respective apprenticesApprentices, improvers Improvers and working foremen Working Foremen in its employ in the Province of Ontario and for whom the Union has bargaining rightsOntario. The Employer recognizes the territorial jurisdiction TerritorialJurisdiction 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 as outlined in Appendix and shall be bound to this Agreement and any other Employers desirous of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in entering into a Contractual Agreement with 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 rightsOntario. The Union and Guild agree to advise each other of any new signatories to the Agreement. 1.03 Any Employer who is a party Party to this Agreement desirous of subcontracting sub- contracting any work encompassing encompassingthe skills and members of the Brick and Allied Union of Canada and only after the Employer has first requested the Local Union to supplymembers 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-contractorwho has signed the ProvincialAgreement with the Union or the An Employer shall not enter into a contract, sub-contract or transfer of work covered by this Agreement without prior consent from the Union or the with any Employer who is in arrears for any contributions, deductions or remittances required by this Agreement and shall be confirmed in writing by the Union or the See Letter of Understanding, September PROVINCIAL AGREEMENT The Employer recognizes the as the exclusive bargaining agent for Bricklayers, Stonemasons and Plasterers respective Apprentices and Improvers, and Working Foremen in its employ in the Province of Ontario. The Employer agrees that it is bound by and party to the Collective Agreement between the and the Masonry Industry Employers’ Council of Ontario in respect to work it performs or undertakes requiring the skills of members Bricklayers, Stonemasons or Plasterers, their respective Apprentices, improvers and Working Foremen in the Province of Ontario. The Employer recognizes the Territorial Jurisdiction 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 Local Unions as described in Appendix of that Collective Agreement for Tile. 1.04 A joint venture is a project being undertaken by a maximum of one (1) EmployerAgreement. 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 Construction Industry work and to Industry Work in the industrialIndustrial, commercial Commercial and institutional (ICI) sector Institutional sector. The Guild recognizes that as a result of a servicing agreement dated June entered into by the Ontario Provincial Conference of the International Union of Bricklayers and Allied the as its locals have authorized the and its locals to non-construction industry work. 1.06 The Parties acknowledge that act as agents with respect to the BACU has agreed to utilize administration and servicing of 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 paidand the Guild agrees to recognize the and its locals in their capacity as agents of the with respect thereto. The agrees to save, hold harmless and the Guild and its employer members with respect to any actions, claims or other injuries suffered as a result of such recognition.

RECOGNITION AND SUB-CONTRACTING. 1.01 (a) The Employer recognizes the Union as the exclusive bargaining agent for marbleBricklayers, tile Stonemasons and terrazzo, cement masons and resilient floor layers and their helpersPlasterers, their respective apprenticesApprentices, improvers Improvers and working Working foremen in its his 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 Ontario, in areas described in Appendix B “B” hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 (b) The Union recognizes the Employer as the exclusive bargaining agent for all employers members as outlined in Appendix “A” and any other Employers desirous of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen entering into a contractual agreement with the Union in the industrialgeographic areas as described in Appendix “B” hereto. (c) MIECO regognizes that as a result of a servicing agreement dated June 21, commercial and institutional sector for 2001, entered into by the construction industry in Ontario Provincial Conference of the Province International Union of Ontario for whom the Brick Bricklayers and Allied Craft Union has bargaining rightsCraftworkers (“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 Union OPC agrees to save, hold harmless and Guild agree indemnify MIECO and its employer members with respect to advise each any actions, claims or other injuries suffered as a result of any new signatories to the Agreementsuch recognition. 1.03 (d) Any Employer who is a party to this Agreement desirous of subcontracting contracting or sub-contracting any work encompassing the skills of members of the Union “Union” shall only subcontract said work 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 is party undertakes a contract with an owner to and 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 OPC-Guild Provincial ICI Collective Agreement for Tile.solicitation or obtaining of any bid(s) from any contractor(s) regardless of whether it (they) is (are) bound or otherwise to this Agreement; 1.04 A joint venture is a project being undertaken by a maximum of one (1ii) Employer. Each Employer in the joint venture shall be a party The owner accepts bid(s) from contractor(s) not bound to and this Agreement; and, iii) The owner contracts or subcontracts directly with contractor(s) not bound by to this Agreement or without contractual obligation of the OPC-Guild Provincial ICI Collective Agreement Employer for Tile. 1.05 This Agreement applies to construction industry the work in the industrialof such contractor(s), 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 paidfor the negligent acts or omissions of the Employer.