Sub-Contractors and Owner Operators Sample Clauses

Sub-Contractors and Owner Operators. The terms of this Agreement shall apply to all sub-contractors or sub-contracts let by the Employer. The Employer agrees to engage only those sub-contractors having an Agreement with the signatory Union, prior to commencing work excluding existing contracts signed prior to the signing of this Agreement. The Employer signatory to this Agreement shall be responsible for enforcing the wages and conditions of the Agreement on the sub-contractor. Where an owner-operator performs work for which he has been hired or which he has sub- contracted, he shall, prior to commencing such work, obtain a clearance from the Union within whose jurisdiction the work is to be performed. He shall abide by all the provisions of this Agreement, and shall, when he works beyond five (5) working days, be accorded all the rights, benefits and privileges of this Agreement. When he works beyond five (5) working days, he shall thereafter become an employee and be paid wages in accordance with the hours of work and wage rates of this Agreement. (Such payment shall NOT include time spent in the repair, servicing or maintaining of his own equipment.) Payment of wages shall be made separate to any other payments to which, for any reason, he is or may become entitled. Equipment referred to in Schedule "A" of this Agreement used by the Employer, whether owned by the Employer, rented, or otherwise, shall be operated by a member of the Union and the Employer shall not use either directly or indirectly any such equipment which is operated by a person that is not a member of the Union. It is agreed that the intent of this Clause is to ensure the observance of its provisions for ALL persons performing work covered by this Agreement. It is further agreed that this Agreement shall prohibit the making or carrying out of any plan, scheme or device which would have the effect of circumventing or defeating any or all of the provisions of this Agreement, or depriving any employee of employment.