Common use of SUBCONTRACTING CLAUSE Clause in Contracts

SUBCONTRACTING CLAUSE. SECTION 1. The Employer shall not contract out or subcontract any work covered by this Agreement to any subcontractor or other person unless that subcontractor or other person is a party to a Collective Bargaining Agreement with a District Council or Local Union affiliated with the International Union of Painters and Allied Trades, AFL-CIO. SECTION 2. In the event the Employer subcontracts any job site work covered by this Agreement, the Employer shall be a guarantor of performance by the subcontractor of all terms and conditions of said subcontractor’s Agreement with the Union; or, in the absence of such an Agreement, of all terms and conditions of this Agreement. In the event, the Employer shall be liable to the Union for any act or omission of the subcontractor which in any way departs from or is inconsistent with the terms of said subcontractor’s Agreement with the Union; or, in the absence of such Agreement, with the terms and conditions of this Agreement. SECTION 3. The Employer may subcontract work to other parties in order to control its risk with warranties, and to address particular manufacturer’s requirements, provided that before doing so the Employer demonstrates to the satisfaction of the Union that the subcontracting is essential for the foregoing purposes.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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SUBCONTRACTING CLAUSE. SECTION 1. The Employer shall not contract out or subcontract any work covered by this Agreement to any subcontractor or other person unless that subcontractor or other person is a party to a Collective Bargaining Agreement with a District Council or Local Union affiliated with the International Union of Painters and Allied Trades, AFL-CIO. SECTION 2. In the event the Employer subcontracts any job site work covered by this Agreement, the Employer shall be a guarantor of performance by the subcontractor of all terms and conditions of said subcontractor’s Agreement with the Union; or, in the absence of such an Agreement, of all terms and conditions of this Agreement. In the event, the Employer shall be liable to the Union for any act or omission of the subcontractor which in any way departs from or is inconsistent with the terms of said subcontractor’s Agreement with the Union; or, in the absence of such Agreement, with the terms and conditions of this Agreement. SECTION 3. The Employer may subcontract work to other parties in order to control its risk with warranties, and to address particular manufacturer’s requirements, provided that before doing so the Employer demonstrates to the satisfaction of the Union that the subcontracting is essential for the foregoing purposes.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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SUBCONTRACTING CLAUSE. SECTION 1. The Employer shall not contract out or subcontract any work covered by this Agreement to any subcontractor or other person unless that subcontractor or other person is a party to a Collective Bargaining Agreement with a District Council or Local Union affiliated with the International Union of Painters and Allied Trades, AFL-CIO. SECTION 2. In the event the Employer subcontracts any job site work covered by this Agreement, the Employer shall be a guarantor of performance by the subcontractor of all terms and conditions of said subcontractor’s Agreement with the Union; or, in the absence of such an Agreement, of all terms and conditions of this Agreement. In the event, the Employer shall be liable to the Union for any act or omission of the subcontractor which in any way departs from or is inconsistent with the terms of said subcontractor’s Agreement with the Union; or, in the absence of such Agreement, with the terms and conditions of this Agreement. SECTION 3. The Employer may subcontract work to other parties in order to control its risk with warranties, and to address particular manufacturer’s requirements, provided that before doing so the Employer demonstrates to the satisfaction of the Union that the subcontracting is essential for the foregoing purposes.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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