WORK PRESERVATION CLAUSE Sample Clauses
A Work Preservation Clause is designed to protect the scope of work performed by employees represented by a union, ensuring that such work is not transferred to non-union workers or outside contractors. In practice, this clause typically restricts the employer from subcontracting, outsourcing, or reassigning tasks that have historically been performed by union members, unless certain conditions are met. The core function of this clause is to safeguard union jobs and maintain bargaining unit work, thereby preventing erosion of employment opportunities for unionized workers.
WORK PRESERVATION CLAUSE. Subsection (a). In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership or any other business entity including a joint venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. Subsection (b). As remedy for violations of this Section, the Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. Subsection (c). If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce an award rendered in accordance with subsection (b) above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants’ and attorneys’ fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.
WORK PRESERVATION CLAUSE. The Employer agrees, consistent with the provision to Section 8 (e) of the Labor-Management Relations Act of 1947, as amended, that all work of every description normally and historically performed by Carpenters, Piledrivers, and ▇▇▇▇▇▇▇ in the Indiana/Kentucky/Ohio Regional Council area shall be performed under the terms and conditions of this Agreement exclusively at the site of the construction, alteration, or repair of a building, structure, etc. It is the intent of this Agreement that all work be performed exclusively at the construction site or the contractor’s shop by employees, in the bargaining unit under the terms and conditions of this Collective Bargaining Agreement whether the work is performed by an Employer signatory to this Agreement or is subcontracted by a signatory Employer to another person, firm or corporation.
WORK PRESERVATION CLAUSE. The Employer agrees that no evasion of the terms, requirements and provisions of this Agreement will take place by the setting up of another business to do work covered by this Agreement, or in any other way attempt to or actually evade or nullify responsibility hereunder. If and when the Employer shall perform any work of the type prohibited by Section 4(a) hereof, the terms and conditions of this Agreement shall be applicable to all such work.
(a) Superannuated Employees can be found in the Referral Agreement under ADDENDUM III, Section 1(a) (Effective March 12, 2012).
WORK PRESERVATION CLAUSE. Part One. Double-Breasted Operation within the Geographic Area Covered by this Agreement.
WORK PRESERVATION CLAUSE. The Employer agrees that no evasion of the terms, requirements and provisions of this Agreement will take place by the setting up of another business to do work covered by this Agreement, or in any other way attempt to or actually evade or nullify responsibility hereunder. If and when the Employer shall perform any work of the type prohibited by Section 1(a) hereof, the terms and conditions of this Agreement shall be applicable to all such work. In the event that the conditions set forth in the paragraph above are met but the Agreement is not deemed applicable to the non-signatory entity, then the Employer shall be liable to the Union for all damages incurred.
SECTION 1. Work-To-Be-Performed. Date: Project Name Type of
WORK PRESERVATION CLAUSE. PRE-JOB CONFERENCE ..........................