Common use of WORK PRESERVATION CLAUSE Clause in Contracts

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. Subsection (a). In order to Section 30.1 To protect and preserve, for the employees covered by this Agreementagreement, all work heretofore they have performed and all work covered by themthis agreement, 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 performs on-site construction work of the type covered by this Agreementagreement, under its own name or under the name of another, as a corporation, company, partnership partnership, or any other business entity entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises either directly or indirectlyindirectly (through family members or otherwise), management control management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. . Section 30.2 All charges or of violations of Section 1 of this Section Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for agreement on the handling of grievances and the final and binding resolution of disputes. Subsection (b). As a remedy for violations of this SectionArticle, the Labor-Management CommitteeJoint Trade Board or Arbitrator shall be able, 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 the Employer to (pay 1) pay to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost by such employees as a result because of the violations; , and (2) pay into the affected joint trust funds established under Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions to such funds which have that resulted from the violations. Provision The Joint Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this agreement. The Union shall enforce a decision of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for this remedy herein does not make such remedy example, the exclusive remedy available to the Union for violation of this National Labor Relations Board channels. 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). 30.3 If, as a result of violations of after an Employer has violated this SectionArticle, it is necessary for the Union and/or the Trustees of the joint trust funds one or more Joint Trust Funds to which this agreement requires contributions institute court legal action to enforce an award rendered in accordance with subsection (b) aboveby an Arbitrator or the Joint Trade Board remedying such violation, or to defend an action which that seeks to vacate such award, the Employer shall pay any accountants’ and ' and/or attorneys’ ' fees incurred by the Union and/or Fund Trusteesthe Joint Trust Funds, plus cost costs of the litigation, which that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Article that may be available to the bringing of such court actionUnion and/or the Joint Trust Funds.

WORK PRESERVATION CLAUSE. Subsection (a). ) In order to protect and preserve, for the employees 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 partnership, or any other business entity entity, including a joint venture, wherein the Employer, through its officers, directors, partners, partners or stockholders, exercises either directly or indirectly, management management, control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or of violations of this Section 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 a remedy for violations of this Sectionsection, the Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry, 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 Employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees 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 Provisions for this remedy herein does not make such remedy the exclusive remedy available to the Union for violation of this Section section; nor does it make the same or other remedies unavailable to the Union for violations of other Sections sections or other Articles articles of this Agreement. Subsection . (c). ) If, as a result of violations of this Sectionsection, 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, fund Trustees plus cost costs of the litigation, which have resulted from the bringing of such court action.