Recognition of the Union and of the Employer's Responsibility. (A) The Union claims and the Employer acknowledges and agrees that the Union has supplied proof that a majority of its Elevator Constructor Mechanics and Elevator Constructor Apprentices have authorized the Union to represent them in collective bargaining with the Employer. The Employer recognizes the Union as the exclusive Section 9 (a) bargaining representative for all Elevator Constructor Mechanics and Elevator Constructor Apprentices (hereinafter sometimes referred to as Employees) in the employ of the Employer, engaged in Construction, Modernization, Repair, Maintenance and Contractual Service work for the area within a radius of 35 miles of the City Hall of the City of New York, except Monmouth County, New Jersey, but including all of Long Island. The Union recognizes that it is the responsibility of the Employer in the interest of the customer, the Employer's company and its Employees to maintain the highest degree of operating efficiency and to continually improve the design, tools, and methods of manufacture and assembly of its equipment to obtain better quality, reliability and cost of its product. However, the above stated responsibility and objectives are not intended to affect the work jurisdiction provisions set forth in Sections IV, IVA, V and VI of this Agreement, Paragraph 2 (except 2[a]), Paragraph 3 and Paragraph 9 of Article IV of the Standard Agreement, Joint Industry Committee decisions. In light of the above, the Union specifically recognizes the Employer’s need to continuously upgrade the technologies it employs. This includes devices carried and used by its Employees to record data such as product performance or callback-related information, payroll information, to communicate with other Employees both in the field and in the office, to communicate with computers and computer-related devices, to record service data, to enhance Employee safety, to monitor Employee performance and activity, and/or to obtain customer authorization or approval of work performed or to be performed. These devices may include some form of electronic communication technology, cell phones or an evolution of cell phone technology, beepers or an evolution of beeper technology, or portable computers or an evolution of portable computers (including PDAs, handheld computers and any related or similar devices), video or locating technology or an evolution of video or locating technology. All such devices shall be supplied to its Employees by the Company. Further,...
