Common use of Successorship Subcontracting Clause in Contracts

Successorship Subcontracting. In consideration of the Union's execution of this Agreement, the Employer promises that its operations covered by this Agreement shall not be contracted out, conveyed, or otherwise transferred or assigned to any third party (hereafter, “assigned”) without first taking the following steps: 1. No less than ninety (90) days prior to taking any substantial steps towards assigning any of the operations covered by the Agreement to any third party, the Employer will notify the Union of its intent to do so and provide the Union with the name of and contact information for that third party. 2. No less than thirty (30) days prior to taking any substantial steps towards assigning any of the operations covered by the Agreement to any third party, the Employer will provide the Union with written proof that it has secured a contractually binding commitment (“contract”) from said third party to (a) offer employment to all employees covered by this Agreement, or to as many employees as are needed to perform the operations covered by the Agreement that the third party is being assigned, within a discretely managed bargaining unit or group consisting of nothing but such newly hired employees, at terms and conditions no worse than the terms and conditions in existence under the Agreement, and (b) agree, to the extent permissible by law, to assume all of the Employer’s obligations under this Agreement. The contract must specifically recite that it is governed by Washington State law and is enforceable in King County Superior Court that the Union is an intended third-party beneficiary of the commitments made by the third party to the Employer contained therein. 3. The Employer agrees that failure by it to strictly comply in a timely fashion with 1, 2(a) and 2

Successorship Subcontracting. In consideration of the Union's execution of this Agreement, the Employer promises that its operations covered by this Agreement shall not be contracted out, conveyed, or otherwise transferred or assigned to any third party (hereafter, “assigned”) without first taking the following steps: 1. No less than ninety (90) days prior to taking any substantial steps towards assigning any of the operations covered by the Agreement to any third party, the Employer will notify the Union of its intent to do so and provide the Union with the name of and contact information for that third party. 2. No less than thirty (30) days prior to taking any substantial steps towards assigning any of the operations covered by the Agreement to any third party, the Employer will provide the Union with written proof that it has secured a contractually binding commitment (“contract”) from said third party to (a) offer employment to all employees covered by this Agreement, or to as many employees as are needed to perform the operations covered by the Agreement that the third party is being assigned, within a discretely managed bargaining unit or group consisting of nothing but such newly hired employees, at terms and conditions no worse than the terms and conditions in existence under the Agreement, and (b) agree, to the extent permissible by law, to assume all of the Employer’s obligations under this Agreement. The contract must specifically recite that it is governed by Washington State law and is enforceable in King County Superior Court that the Union is an intended third-party beneficiary of the commitments made by the third party to the Employer contained therein. 3. The Employer agrees that failure by it to strictly comply in a timely fashion with 1, 2(a) and 22(b) will cause the Union and its members irreparable injury and agrees that the Union may appropriately seek immediate injunctive relief in King County Superior Court restraining the Employer from moving forward with assigning any of the operations covered by the Agreement to any third party until and unless these requirements are met. The Employer agrees that should the Union establish the elements necessary for injunctive relief to appropriately be granted, a bond in the amount of $10,000 or less will be sufficient and proper security for the payment of such costs and damages as may be incurred or suffered by the Employer, should it ultimately be found to have been wrongfully enjoined or restrained.