Common use of RECOGNITION AND UNION SECURITY Clause in Contracts

RECOGNITION AND UNION SECURITY. 1. This agreement shall be binding on each owner signatory to this agreement, as well as upon each agent of an owner who becomes signa- tory hereto as Employer. 2. The Union is recognized as the exclu- sive bargaining representative of all employees employed as engineers, mechanics, helpers (as well as chief engineers and assistant chief engi- neers in such buildings where these classifica- tions are represented by the Union) and wherever the word “employee” appears herein, it shall refer to all such classifications of employee. 3. The Employer shall not enter into any agreement contracting for the performance of work and/or for the categories of work heretofore performed by employees covered by this agree- ment except within the provisions and limitations set forth below. 4. In the event that an Employer desires to contract for the service performed by members of this Union, or change contractors for such servic- es, it shall do so in compliance with the following provisions: (a) The Employer shall give advance written notice to the R.A.B. and the Union at least three (3) weeks prior to the effective date of its contracting for such services, and set forth the name and address of the contractor. (b) As a condition of such contracting, the Employer shall require the contractor to become a party to this agreement and to file a sub-assent hereto with the Union through the RAB, and the contractor shall thereafter have all of the rights and obligations of the Employer hereunder. The Union has the right to reject such sub-assent where the contractor has habitually failed to comply with the obligations of the labor agreements with the Union covering other build- ings in the industry or has failed to make proper and timely payments to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds. The Union shall not arbitrarily refuse to accept a sub-assent and the Employer may have such refusal reviewed by grievance and/or arbitration. (c) The Employer agrees that its employees then engaged in the particular work which is contracted out shall become employees of the initial contractor or any successor contrac- tor, and agrees to employ or re-employ those employees in the employ of the contractor at any time that such contracts are terminated or can- celed. This provision shall not be construed to prevent termination of any employee’s employ- ment under other provisions of the agreement relating to illness, retirement, resignation, dis- charge or lay-offs; however, a contractor may not reduce force or change the work schedule without first obtaining written consent of the Union, which consent shall not be unreasonably with- held, and which shall be subject to grievance and/or arbitration. (d) If a contractor fails to comply with all provisions of this agreement, the Employer shall be liable jointly and severally with the con- tractor for any and all damages sustained by the employees or by the Union as a result thereof, as well as for any unpaid Welfare, Sick Pay, Annuity, Training and/or Pension contributions; provided, however, that the Employer’s liability shall commence when it receives written notice from the Union of the contractor’s failure to so comply. (e) To determine which employees employed by the Employer should be members of the Union under the terms of this agreement, and to ascertain the amounts payable to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds, the Union and/or the Funds, inde- pendently or in coordination and cooperation, shall have the right to inspect and audit the con- tractor’s social security and/or payroll records and all such records shall be made available to the Union and to the Funds upon request. 5. The Employer shall give written notice of vacancies in the staff to the Business Manager of the Union. If the Union is unable to supply a qualified person for such opening within five (5) business days of receipt of such notice, or if the Union waives its right to attempt to supply such a person or if there is an emergency need to fill the position immediately, then the Employer may hire a person. All employees must become mem- bers of the Union after the thirtieth (30) day fol- lowing their employment; provided, however, that the requirement to become a member shall be waived if the Union refuses membership to such persons. 6. Upon the receipt by the Employer of a letter from the Union’s Recording Corresponding Secretary requesting any employee’s discharge because the employee has not met the require- ments of Union membership under the Agree- ment, unless the Employer questions the propri- ety of so doing, the employee shall be discharged within fifteen (15) days of said notice if prior thereto the employee does not take proper steps to meet said requirements. If the Employer ques- tions the propriety of the discharge, he/she shall immediately submit the matter to grievance and if not thus settled, to arbitration for final determina- tion. If it is finally settled or determined that the employee has not met said requirements, the employee shall be discharged within ten (10) days after written notice of the final determina- tion has been given to the RAB and the Employer. The Union will hold the Employer harmless from any liability arising from a discharge asked by the Union pursuant to this provision, provided the Employer has done nothing to cause or increase its own liability concerning removal of employees.

RECOGNITION AND UNION SECURITY. 1. This agreement shall be binding on each owner signatory to this agreement, as well as upon each agent of an owner who becomes signa- tory signatory hereto as Employer. 2. The Union is recognized as the exclu- sive exclusive bargaining representative of all employees employed as engineers, mechanics, helpers helpers, (as well as chief engineers and assistant chief engi- neers engineers in such buildings where these classifica- tions classifications are represented by the Union) and wherever the word “"employee” " appears herein, it shall refer to all such classifications of employee. 3. The Employer shall not enter into any agreement contracting for the performance of work and/or for the categories of work heretofore performed by employees covered by this agree- ment agreement except within the provisions and limitations set forth below. 4. In the event that an Employer desires to contract for the service performed by members of this Union, or change contractors for such servic- esservices, it shall do so in compliance with the following provisions: (a) The Employer shall give advance written notice to the R.A.B. RAB and the Union at least three (3) weeks prior to the effective date of its contracting for such services, and set forth the name and address of the contractor. (b) As a condition of such contracting, the Employer shall require the contractor to become a party to this agreement and to file a sub-assent hereto with the Union through the RAB, and the contractor shall thereafter have all of the rights and obligations of the Employer hereunder. The Union has the right to reject such sub-sub- assent where the contractor has habitually failed to comply with the obligations of the labor agreements with the Union covering other build- ings buildings in the industry or has failed to make proper and timely payments to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds. The Union shall not arbitrarily refuse to accept a sub-assent and the Employer may have such refusal reviewed by grievance and/or arbitration. (c) The Employer agrees that its employees then engaged in the particular work which is contracted out shall become employees of the initial contractor or any successor contrac- torcontractor, and agrees to employ or re-employ those employees in the employ of the contractor at any time that such contracts are terminated or can- celedcancelled. This provision shall not be construed to prevent termination of any employee’s employ- ment 's employment under other provisions of the agreement relating to illness, retirement, resignation, dis- charge discharge or lay-offslayoffs; however, a contractor may not reduce force or change the work schedule without first obtaining written consent of the Union, which consent shall not be unreasonably with- heldwithheld, and which shall be subject to grievance and/or arbitration. (d) If a contractor fails to comply with all provisions of this agreement, the Employer shall be liable jointly and severally with the con- tractor for any and all damages sustained by the employees or by the Union as a result thereof, as well as for any unpaid Welfare, Sick Pay, Annuity, Training and/or Pension contributions; provided, however, that the Employer’s 's liability shall commence when it receives written notice from the Union of the contractor’s 's failure to so comply. (e) To determine which employees employed by the Employer should be members of the Union under the terms of this agreement, and to ascertain the amounts payable to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds, the Union and/or the Funds, inde- pendently or in coordination and cooperation, shall have the right to inspect and audit the con- tractor’s 's social security and/or payroll records and all such records shall be made available to the Union and to the Funds upon request. 5. The Employer shall give written notice of vacancies in the staff notice, including through email, to the Business Manager and Business Agent of the Union, for all vacancies in the staff. If the Union is unable to supply a qualified person for such opening within five (5) business days of receipt of such notice, or if the Union waives its right to attempt to supply such a person or if there is an emergency need to fill the position immediately, then the Employer may hire a person. All employees must become mem- bers members of the Union after the thirtieth (30) day fol- lowing their employment; provided, however, that the requirement to become a member shall be waived if the Union refuses membership to such persons. 6. Upon the receipt by the Employer of a letter from the Union’s 's Recording Corresponding Secretary requesting any employee’s 's discharge because the employee has not met the require- ments requirements of Union membership under the Agree- mentAgreement, unless the Employer questions the propri- ety propriety of so doing, the employee shall be discharged within fifteen (15) days of said notice if prior thereto the employee does not take proper steps to meet said requirements. If the Employer ques- tions the propriety of the discharge, he/she shall immediately submit the matter to grievance and if not thus settled, to arbitration for final determina- tion. If it is finally settled or determined that the employee has not met said requirements, the employee shall be discharged within ten (10) days after written notice of the final determina- tion has been given to the RAB and the Employer. The Union will hold the Employer harmless from any liability arising from a discharge asked by the Union pursuant to this provision, provided the Employer has done nothing to cause or increase its own liability concerning removal of employees.fifteen

RECOGNITION AND UNION SECURITY. 1. This agreement shall be binding on each owner signatory to this agreement, as well as upon each agent of an owner who becomes signa- tory signatory hereto as Employer. 2. The Union is recognized as the exclu- sive exclusive bargaining representative of all employees employed as engineers, mechanics, helpers (as well as chief engineers and assistant chief engi- neers engineers in such buildings where these classifica- tions classifications are represented by the Union) and wherever the word “"employee” " appears herein, it shall refer to all such classifications of employee. 3. The Employer shall not enter into any agreement contracting for the performance of work and/or for the categories of work heretofore performed by employees covered by this agree- ment agreement except within the provisions and limitations set forth below. 4. In the event that an Employer desires to contract for the service performed by members of this Union, or change contractors for such servic- esservices, it shall do so in compliance with the following provisions: (a) The Employer shall give advance written notice to the R.A.B. and the Union at least three (3) weeks prior to the effective date of its contracting for such services, and set forth the name and address of the contractor. (b) As a condition of such contracting, the Employer shall require the contractor to become a party to this agreement and to file a sub-assent hereto with the Union through the RAB, and the contractor shall thereafter have all of the rights and obligations of the Employer hereunder. The Union has the right to reject such sub-assent where the contractor has habitually failed to comply with the obligations of the labor agreements with the Union covering other build- ings buildings in the industry or has failed to make proper and timely payments to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds. The Union shall not arbitrarily refuse to accept a sub-assent and the Employer may have such refusal reviewed by grievance and/or arbitration. (c) The Employer agrees that its employees then engaged in the particular work which is contracted out shall become employees of the initial contractor or any successor contrac- torcontractor, and agrees to employ or re-employ those employees in the employ of the contractor at any time that such contracts are terminated or can- celedcanceled. This provision shall not be construed to prevent termination of any employee’s employ- ment 's employment under other provisions of the agreement relating to illness, retirement, resignation, dis- charge discharge or lay-offs; however, a contractor may not reduce force or change the work schedule without first obtaining written consent of the Union, which consent shall not be unreasonably with- heldwithheld, and which shall be subject to grievance and/or arbitration. (d) If a contractor fails to comply with all provisions of this agreement, the Employer shall be liable jointly and severally with the con- tractor contractor for any and all damages sustained by the employees or by the Union as a result thereof, as well as for any unpaid Welfare, Sick Pay, Annuity, Training and/or Pension contributions; provided, however, that the Employer’s 's liability shall commence when it receives written notice from the Union of the contractor’s 's failure to so comply. (e) To determine which employees employed by the Employer should be members of the Union under the terms of this agreement, and to ascertain the amounts payable to the Union Welfare, Annuity, Sick Pay, Training and/or and /or Pension Funds, the Union and/or the Funds, inde- pendently independently or in coordination and cooperation, shall have the right to inspect and audit the con- tractor’s contractor's social security and/or payroll records and all such records shall be made available to the Union and to the Funds upon request. 5. The Employer shall give written notice of vacancies in the staff to the Business Manager of the Union. If the Union is unable to supply a qualified person for such opening within five (5) business days of receipt of such notice, or if the Union waives its right to attempt to supply such a person or if there is an emergency need to fill the position immediately, then the Employer may hire a person. All employees must become mem- bers members of the Union after the thirtieth (30) day fol- lowing following their employment; provided, however, that the requirement to become a member shall be waived if the Union refuses membership to such persons. 6. Upon the receipt by the Employer of a letter from the Union’s 's Recording Corresponding Secretary requesting any employee’s 's discharge because the employee has not met the require- ments requirements of Union membership under the Agree- mentAgreement, unless the Employer questions the propri- ety propriety of so doing, the employee shall be discharged within fifteen (15) days of said notice if prior thereto the employee does not take proper steps to meet said requirements. If the Employer ques- tions questions the propriety of the discharge, he/she shall immediately submit the matter to grievance and if not thus settled, to arbitration for final determina- tiondetermination. If it is finally settled or determined that the employee has not met said requirements, the employee shall be discharged within ten (10) days after written notice of the final determina- tion determination has been given to the RAB and the Employer. The Union will hold the Employer harmless from any liability arising from a discharge asked by the Union pursuant to this provision, provided the Employer has done nothing to cause or increase its own liability concerning removal of employees.

RECOGNITION AND UNION SECURITY. 1. This agreement shall be binding on each owner signatory to this agreement, as well as upon each agent of an owner who becomes signa- tory hereto signatory here- to as Employer. 2. The Union is recognized as the exclu- sive exclusive bargaining representative of all employees employed em- ployed as engineers, mechanics, helpers (as well as chief engineers and assistant chief engi- neers engineers in such buildings where these classifica- tions classifications are represented by the Union) and wherever the word “employee” appears herein, it shall refer to all such classifications classifica- tions of employee. 3. The Employer shall not enter into any agreement contracting for the performance of work and/or for the categories of work heretofore performed per- formed by employees covered by this agree- ment agreement except within the provisions and limitations set forth below. 4. In the event that an Employer desires to contract for the service performed by members of this Union, or change contractors for such servic- esservices, it shall do so in compliance with the following provisions: (a) The Employer shall give advance written notice to the R.A.B. RAB and the Union at least three (3) weeks prior to the effective date of its contracting for such services, and set forth the name and address of the contractor. (b) As a condition of such contracting, the Employer shall require the contractor to become a party to this agreement and to file a sub-assent hereto with the Union through the RAB, and the contractor shall thereafter have all of the rights and obligations of the Employer hereunder. The Union has the right to reject such sub-assent where the contractor has habitually failed to comply with the obligations of the labor agreements with the Union covering other build- ings buildings in the industry or has failed to make proper and timely payments to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds. The Union shall not arbitrarily refuse to accept a sub-assent and the Employer may have such refusal reviewed by grievance and/or arbitration. (c) The Employer agrees that its employees then engaged in the particular work which is contracted out shall become employees of the initial contractor or any successor contrac- torcontractor, and agrees to employ or re-employ those employees in the employ of the contractor at any time that such contracts are terminated or can- celedcancelled. This provision shall not be construed to prevent termination of any employee’s employ- ment employment under other provisions of the agreement relating to illness, retirement, resignation, dis- charge discharge or lay-offslayoffs; however, a contractor may not reduce force or change the work schedule without first obtaining written consent of the Union, which consent shall not be unreasonably with- heldwithheld, and which shall be subject to grievance and/or arbitration. (d) If a contractor fails to comply with all provisions of this agreement, the Employer shall be liable jointly and severally with the con- tractor contractor for any and all damages sustained by the employees or by the Union as a result thereof, as well as for any unpaid Welfare, Sick Pay, Annuity, Training and/or Pension contributions; provided, however, that the Employer’s liability shall commence when it receives written notice from the Union of the contractor’s failure to so comply. (e) To determine which employees employed by the Employer should be members of the Union under the terms of this agreement, and to ascertain the amounts payable to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds, the Union and/or the Funds, inde- pendently independently or in coordination and cooperation, shall have the right to inspect and audit the con- tractorcontractor’s social security and/or payroll records and all such records shall be made available to the Union and to the Funds upon request. 5. The Employer shall give written notice of vacancies in the staff notice, including through email, to the Business Manager and Business Agent of the Union, for all vacancies in the staff. If the Union is unable to supply a qualified person for such opening within five (5) business days of receipt of such notice, or if the Union waives its right to attempt to supply such a person or if there is an emergency need to fill the position immediately, then the Employer may hire a person. All employees must become mem- bers members of the Union after the thirtieth (30) day fol- lowing their employment; provided, however, that the requirement to become a member shall be waived if the Union refuses membership to such persons. 6. Upon the receipt by the Employer of a letter from the Union’s Recording Corresponding Secretary requesting any employee’s discharge because the employee has not met the require- ments of Union membership under the Agree- ment, unless the Employer questions the propri- ety of so doing, the employee shall be discharged within fifteen (15) days of said notice if prior thereto the employee does not take proper steps to meet said requirements. If the Employer ques- tions the propriety of the discharge, he/she shall immediately submit the matter to grievance and if not thus settled, to arbitration for final determina- tion. If it is finally settled or determined that the employee has not met said requirements, the employee shall be discharged within ten (10) days after written notice of the final determina- tion has been given to the RAB and the Employer. The Union will hold the Employer harmless from any liability arising from a discharge asked by the Union pursuant to this provision, provided the Employer has done nothing to cause or increase its own liability concerning removal of employees.thirtieth

RECOGNITION AND UNION SECURITY. 1. This agreement shall be binding on each owner signatory to this agreement, as well as upon each agent of an owner who becomes signa- tory hereto signatory here- to as Employer. 2. The Union is recognized as the exclu- sive exclusive bargaining representative of all employees employed as engineers, mechanics, helpers (as well as chief engineers and assistant chief engi- neers engineers in such buildings build- ings where these classifica- tions classifications are represented by the Union) and wherever the word “employee” appears ap- pears herein, it shall refer to all such classifications of employee. 3. The Employer shall not enter into any agreement contracting for the performance of work and/or for the categories of work heretofore performed per- formed by employees covered by this agree- ment agreement except within the provisions and limitations set forth below. 4. In the event that an Employer desires to contract for the service performed by members of this Union, or change contractors for such servic- es, it shall do so in compliance with the following provisions: (a) The Employer shall give advance written writ- ten notice to the R.A.B. RAB and the Union at least three (3) weeks prior to the effective date of its contracting for such services, and set forth the name and address of the contractor. (b) As a condition of such contracting, the Employer shall require the contractor to become a party to this agreement and to file a sub-assent hereto with the Union through the RAB, and the contractor shall thereafter have all of the rights and obligations of the Employer hereunder. The Union has the right to reject such sub-assent where the contractor has habitually failed to comply with the obligations of the labor agreements with the Union covering other build- ings buildings in the industry or has failed to make proper and timely payments to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds. The Union shall not arbitrarily refuse to accept a sub-assent and the Employer may have such refusal reviewed by grievance and/or arbitration. (c) The Employer agrees that its employees employ- ees then engaged in the particular work which is contracted out shall become employees of the initial contractor or any successor contrac- torcontractor, and agrees to employ employment or re-employ those employees in the employ of the contractor at any time that such contracts are terminated or can- celedcancelled. This provision shall not be construed to prevent termination of any employee’s employ- ment employment under other provisions of the agreement relating to illness, retirement, resignationresig- nation, dis- charge discharge or lay-offslayoffs; however, a contractor may not reduce force or change the work schedule without first obtaining written consent of the Union, which consent shall not be unreasonably with- heldwithheld, and which shall be subject to grievance and/or arbitration. (d) If a contractor fails to comply with all provisions of this agreement, the Employer shall be liable jointly and severally with the con- tractor contractor for any and all damages sustained by the employees or by the Union as a result thereof, as well as for any unpaid Welfare, Sick Pay, Annuity, Training and/or and/ or Pension contributions; provided, however, that the Employer’s liability shall commence when it receives written notice from the Union of the contractorcon- tractor’s failure to so comply. (e) To determine which employees employed by the Employer should be members of the Union under the terms of this agreement, and to ascertain the amounts payable to the Union Welfare, Annuity, Sick Pay, Training and/or Pension Funds, the Union and/or the Funds, inde- pendently independently or in coordination co- ordination and cooperation, shall have the right to inspect and audit the con- tractorcontractor’s social security and/or and/ or payroll records and all such records shall be made available to the Union and to the Funds upon request. 5. The Employer shall give written notice of vacancies in the staff notice, including through email, to the Business Manager and Business Agent of the Union, for all vacancies in the staff. If the Union is unable to supply a qualified person for such opening within five (5) business days of receipt of such notice, or if the Union waives its right to attempt to supply such a person or if there is an emergency need to fill the position immediately, then the Employer may hire a person. All employees must become mem- bers members of the Union after the thirtieth thirti- eth (30) day fol- lowing following their employment; provided, however, that the requirement to become a member shall be waived if the Union refuses membership to such persons. 6. Upon the receipt by the Employer of a letter from the Union’s Recording Corresponding Secretary requesting any employee’s discharge because be- cause the employee has not met the require- ments requirements of Union membership under the Agree- mentAgreement, unless the Employer questions the propri- ety propriety of so doing, the employee shall be discharged within fifteen (15) days of said notice if prior thereto the employee does not take proper steps to meet said requirements. If the Employer ques- tions questions the propriety of the discharge, he/she shall immediately submit the matter to grievance griev- ance and if not thus settled, to arbitration for final determina- tiondetermination. If it is finally settled or determined that the employee has not met said requirements, the employee shall be discharged within ten (10) days after written notice of the final determina- tion determination has been given to the RAB and the Employer. The Union will hold the Employer harmless from any liability arising from a discharge asked by the Union pursuant to this provision, provided the Employer Em- ployer has done nothing to cause or increase its own liability concerning removal of employees.