Common use of Use of Contractors Clause in Contracts

Use of Contractors. 12.1 Nothing in this Agreement or the appendices thereto shall limit the right of the Company from utilizing contractors, except that the Company may not utilize contractors to perform work ordinarily and customarily performed by its regular employees if, as a direct result thereof, it would become necessary to lay-off, part-time, or demote any employee currently performing the work being contracted. 12.2 The Company recognizes that the use of individuals on layoff who have recall rights may in any given situation be a viable alternative to the use of contractors. The Company will offer a laid off individual(s) with recall rights (under the applicable local Collective Bargaining Agreement) the opportunity for reemployment before utilizing a contractor(s) to perform work for which the individual on layoff has recall rights. All recall provisions in the applicable local Collective Bargaining Agreement will apply. Reemployment in such circumstances may be on a regular or a temporary basis, as the Company determines necessary based on the needs of the business. 12.3 The restrictions in Section 12.1 and Section 12.2, above, do not apply to the Vehicle Maintenance Mechanic and Vehicle Maintenance Technician work functions and, effective October 1, 2016, to the Line worker and Equipment Installer work functions, subject to the Company’s commitment in the Workforce Adjustment Incentives MOA that the Company will maintain a core group of 10 or more Equipment Installers in the IBEW Local 89 bargaining unit. 12.4 The Company will provide the Union with quarterly reports of contractor usage in the Line worker work functions.

Use of Contractors. 12.1 Nothing in this Agreement or the appendices thereto shall limit the right of the Company from utilizing contractors, except that the Company may not utilize contractors to perform work ordinarily and customarily performed by its regular employees if, as a direct result thereof, it would become necessary to lay-off, part-time, or demote any employee currently performing the work being contracted. 12.2 The Company recognizes that the use of individuals on layoff who have recall rights may in any given situation be a viable alternative to the use of contractors. The Company will offer a laid off individual(s) with recall rights (under the applicable local Collective Bargaining Agreement) the opportunity for reemployment before utilizing a contractor(s) to perform work for which the individual on layoff has recall rights. All recall provisions in the applicable local Collective Bargaining Agreement will apply. Reemployment in such circumstances may be on a regular or a temporary basis, as the Company determines necessary based on the needs of the business. 12.3 The restrictions in Section 12.1 and Section 12.2, above, do not apply to the Vehicle Maintenance Mechanic and Vehicle Maintenance Technician work functions and, effective October 1, 2016, to the Line worker Lineworker and Equipment Installer work functions, subject to the Company’s commitment in the Workforce Adjustment Incentives MOA that the Company will maintain a core group of 10 or more Equipment Installers in the IBEW Local 89 bargaining unit. 12.4 The Company will provide the Union with quarterly reports of contractor usage in the Line worker Lineworker work functions.