Common use of SUBTERFUGE PROHIBITED; FABRICATED PIPING Clause in Contracts

SUBTERFUGE PROHIBITED; FABRICATED PIPING. (a) PROHIBITION AGAINST SUBTERFUGE EVASION: FABRICATED PIPING. No Employer or employee shall evade the spirit of this Agreement by any subterfuge. In particular, no Employer shall evade the spirit of this Agreement by using piping fabricated outside the territory covered by this Agreement under this Agreement. Whenever the Union believes that fabrication is being effected in violation of this section, it may submit the matter to the grievance and arbitration process provided for in this Agreement, and until a final decision is rendered on such matter the fabricated piping shall not be used and no employee shall be required to handle or install it. Any contractor who performs fabricating work for any job to be installed within the territory covered by this Agreement shall fabricate within the territory covered by this Agreement and under the terms of this Agreement. In the event any contractor fails to abide by this section, he shall be obligated to pay damages equivalent to the wages and fringe benefit contributions that would have been paid had the work been performed under the terms of this Agreement.

SUBTERFUGE PROHIBITED; FABRICATED PIPING. (a) PROHIBITION AGAINST SUBTERFUGE EVASION: FABRICATED PIPING. No Employer or employee shall evade the spirit of this Agreement by any subterfuge. In particular, no Employer shall evade the spirit of this Agreement by using piping fabricated outside the territory covered by this Agreement under this Agreement. Whenever the Union believes that fabrication is being effected in violation of this section, it may submit the matter to the grievance and arbitration process provided for in this Agreement, and until a final final decision is rendered on such matter the fabricated piping shall not be used and no employee shall be required to handle or install it. Any contractor who performs fabricating work for any job to be installed within the territory covered by this Agreement shall fabricate within the territory covered by this Agreement and under the terms of this Agreement. In the event any contractor fails to abide by this section, he shall be obligated to pay damages equivalent to the wages and fringe benefit benefit contributions that would have been paid had the work been performed under the terms of this Agreement.