Common use of Transfer Provision Clause in Contracts

Transfer Provision. 12.3.1 A Contractor who is signatory to a construction collective agreement may request that certain persons in the employ of that Contractor be transferred to a Project covered by this Agreement. This provision shall only apply for purposes of securing: a) Supervisory personnel covered by this Agreement; b) Personnel with skills of a specialized nature; c) Personnel with skills necessary for the effective operation of a Contractor's on the job training program; d) Key personnel required for work on contracts of short duration and in which the craft or skills required to perform the work are generally limited to one or two trades. 12.3.2 A request for a transfer must be submitted to the Council and the Association, in writing, at least five (5) working days in advance of the time the person is required on the Project. 12.3.3 The transfer request shall indicate the following: a) The name, social insurance number and trade qualifications of the person to be transferred; b) The Appendix in this Agreement under which the person to be transferred would be working, and the corresponding classification; c) Related experience relative to 12.3.1 (a), (b) or (c), as the case may be. 12.3.4 The Council shall consult with representatives from the applicable Local Union and within three (3) working days from the date of receipt of the transfer request, the Contractor shall be advised of the respective positions of the Association and the Council; and, i) if the Council and Association mutually agree that the transfer meets the provisions of this Article, then the Contractor may proceed with the transfer; ii) if the Council and Association mutually agree that the transfer does not meet the provisions of this Article, then the Contractor will be obliged to follow the procedures set out in Article 12.1.1; iii) if either the Council or the Association does not agree that the transfer is in accord with the provisions of this Article, then the Contractor may refer the matter to the President of the Council and the Managing Director of the Association, or their respective delegates, who shall meet and attempt to resolve same. If agreement cannot be reached, the Contractor may request that the matter be resolved in accordance with Article 31. 12.3.5 When a person is transferred, the Association shall notify M.A.E.T. of the name and classification.