Common use of RECOGNITION AND SUB-CONTRACTING Clause in Contracts

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 such pay- ments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement for the Employees of the subcontractor covered by this Agreement. No Employer which has received a subcontract to perform work covered by this Agreement shall in turn subcontract any or all of said work to another Employer regardless of whether that Employer is in contractual relations with the Union. The Parties agree to work together to enforce this provi- sion without exception. The Union will inform the Guild by letter when it is aware of any violation of this provision and set out the action that has been taken. The Guild will inform the Union by letter when it is aware of any violation of this provision and the Union will confirm to the Guild by registered mail that action has been taken within seven (7) days of the notification being sent. Where an Employer is found to have violated this Article it shall be required to pay deterrent damage in the amount of twenty thousand dollars ($20,000) per violation. This penalty is to be shared, less applicable fees and costs, equally by the Union and the Guild’s Promotion fund. 1.04 A joint venture is a project being undertaken by a maximum of two (2)

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 BACU 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 BACUOPC-Guild Province Wide Provincial 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 BACUOPC-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 accor- dance with the terms of this Agreement, the subcon- tractor subcontractor 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 such pay- ments payments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined out- lined in this Agreement for the Employees of the subcontractor subcon- tractor covered by this Agreement. No Employer which has received a subcontract to perform work covered by this Agreement shall in turn subcontract any or all of said work to another Employer regardless of whether that Employer is in contractual relations with the Union. The Parties agree to work together to enforce this provi- sion without exception. The Union will inform the Guild by letter when it is aware of any violation of this provision and set out the action that has been taken. The Guild will inform the Union by letter when it is aware of any violation of this provision and the Union will confirm to the Guild by registered mail that action has been taken within seven (7) days of the notification being sent. Where an Employer is found to have violated this Article it shall be required to pay deterrent damage in the amount of twenty thousand dollars ($20,000) per violation. This penalty is to be shared, less applicable fees and costs, equally by the Union and the Guild’s Promotion fund. 1.04 A joint venture is a project being undertaken by a maximum of two (2)