Common use of WORK PRESERVATION Clause in Contracts

WORK PRESERVATION. (Preservation of Unit Work) (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 his 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 (including its officers, directors, owners, partners or stockholders) exercises either directly or indirectly (such as through family members) any legally sufficient degree of ownership, management or control, the terms and conditions of this Agreement shall be applicable to all such work. (b) All charges of violations of paragraph (a) of this Section, shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures for the handling of grievances and the final binding resolution of disputes, as provided in Article VIII of this Agreement. As a remedy for violations of this paragraph the arbitrator (or arbitration body) provided for in Article VIII is empowered 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 by this Agreement and any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy available to the Union for violations of this paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs of this Agreement. (c) If, as a result of violations of this paragraph, 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 paragraph (b) above, or to defend any 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. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete or panel systems, the installation, carrying, transportation, handling, stocking, and scrapping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installation.

WORK PRESERVATION. (Preservation of Unit Work) (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 his its own name or under the name of another, as a corporation, company, partnership, or any other business entity, entity including a joint venture, wherein the Employer (including Employer, through its officers, directors, ownerspartners, partners or stockholders) , exercises either directly or indirectly (such as through family members) any legally sufficient degree of ownershipindirectly, management control or controlmajority ownership, the terms and conditions of this Agreement shall be applicable to all such work. (b) . All charges of or violations of paragraph (a) of this Section, Section shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes, as provided in Article VIII of this Agreement. . (b) As a remedy for violations of this paragraph Section, the arbitrator (or arbitration body) provided 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 Article VIII is empowered their discretion and at the request of the Union, to require an employer 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 by this Agreement and any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy available to the Union for violations of this paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs of this Agreement.wages (c) If, as a result of violations of this paragraphSection, it is necessary for the Union and/or the Trustees of the Joint Trust Funds joint trust funds to institute court action to enforce an award rendered in accordance with paragraph subsection (b) above, or to defend any an action which seeks to vacate such award, the employer 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. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete or panel systems, the installation, carrying, transportation, handling, stocking, and scrapping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installation.

WORK PRESERVATION. (Preservation of Unit Work) (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by themthem and all work covered by this 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 on-site construction work of the type covered by this Agreement, under his 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 (including Employer, or any of its officers, directors, owners, partners or stockholders) , exercises either directly or indirectly (indirectly, such as through family members) , any legally sufficient significant degree of ownership, management or control, the terms and conditions of that other business entity will be bound to this Agreement shall be applicable and will pay its employees wages and fringes in an aggregate amount equal to all such workthat required under this Agreement. (b) All charges of violations of paragraph (aSection 1(a) of this Section, Article shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures for the handling of grievances and the final binding resolution of disputes, as provided for in Article VIII of this Agreement. As a remedy for violations of this paragraph Article, the arbitrator (or arbitration body) provided for in Article VIII Joint Conference Board is empowered empowered, at the request of the Union, to require an employer Employer to (1pay the Union the difference between the wages and fringe benefits actually paid by the other business entities as defined in Section 1(a) pay and the amount required to affected employees covered by be paid pursuant to Section 1(a) of this AgreementArticle, including registered applicants for employment, plus interest at the equivalent of wages lost by such employees as a result of the violations, and (2) pay into the affected Joint Trust Funds established by this Agreement and any delinquent contributions to such funds which have resulted from the violationsprime interest rate. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations of this paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; Section 1(a) nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs sections or other articles of this Agreement. (c) If, as a result of violations of this paragraphArticle, 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 paragraph (b) abovethis Article, or to defend any action which seeks to vacate such award, the employer Employer shall pay any accountants’ and attorneys’ fees incurred by the Union and/or Fund TrusteesUnion, plus cost costs of the litigation, which have resulted from the bringing of such court action. (d) If Section 2. None of the work covered by this Article Agreement which is declared to be unlawfulperformed at the site of construction, alteration, plastering or repair of any building, structure or other work shall be subcontracted, except to an Employer which is signatory to or otherwise party to this Agreement. Any Employer violating the requirement of this Section shall pay to the employees registered for employment on, and next entitled to dispatch from, the parties will negotiate similar language that will give out-of-work list of the Unions equivalent protectionLocal Union with jurisdiction over the jobsite, the wages, and other benefits to which they would have been entitled, and to the Trust Funds the contributions which would have been due to them, upon the hours which would have been worked by said employees but for the violation. (ea) This paragraph will apply only A subcontractor is defined as any person (other than an employee covered by this Agreement), firm, or corporation, who or which agrees orally or in writing to perform for or on behalf of an individual Employer any part of the following type of work. All work covered by Article I of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete this Agreement. Section 3. The fabrication or panel systems, the installation, carrying, transportation, handling, stocking, and scrapping preparation of all materials and materials, structures or component parts of all types structures involving work within the jurisdiction of ceilings regardless the Union as defined in this Agreement, which has normally and traditionally been done at the jobsite by employees covered by this Agreement, shall continue to and must be performed by the employees covered by this Agreement. No employee may be discharged, laid off or otherwise disciplined for refusing to install any such materials, structures or component parts of their material structures which have been fabricated on or composition off the jobsite by employees receiving wages, hours, or method other conditions of employment less favorable to employees than the wages, hours or manner other conditions of installation, attachment or connection, including but not limited employment provided by this Agreement. Section 4. It is the intent of this Article to all hangers, carrying channels, cross furring, stiffeners, bracesprotect and preserve for the employees covered by this Agreement, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall the work which has normally and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installation.traditionally been performed by Plasterers

WORK PRESERVATION. (Preservation of Unit Work) (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-on- site construction work of the type covered by this Agreement, under his its own name or under the name of another, as a corporation, company, partnership, or any other business entity, entity including a joint venture, wherein the Employer (including Employer, through its officers, directors, ownerspartners, partners or stockholders) , exercises either directly or indirectly (such as through family members) any legally sufficient degree of ownershipindirectly, management control or controlmajority ownership, the terms and conditions of this Agreement shall be applicable to all such work. (b) . All charges of or violations of paragraph (a) of this Section, Section shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes, as provided in Article VIII of this Agreement. . (b) As a remedy for violations of this paragraph Section, the arbitrator (or arbitration body) provided 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 Article VIII is empowered their discretion and at the request of the Union, to require an employer and 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 joint trust funds established by under this Agreement and 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 violations of this paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; Section nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs Sections or other Articles of this Agreement. (c) If, as a result of violations of this paragraphSection, it is necessary for the Union and/or the Trustees of the Joint Trust Funds joint trust funds to institute court action to enforce an award rendered in accordance with paragraph subsection (b) above, or to defend any an action which seeks to vacate such award, the employer 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. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete or panel systems, the installation, carrying, transportation, handling, stocking, and scrapping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installation.

WORK PRESERVATION. (Preservation of Unit Work) (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by themthem and all work covered by this 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 on-site construction work of the type covered by this Agreement, under his 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 (including Employer, or any of its officers, directors, owners, partners or stockholders) , exercises either directly or indirectly (indirectly, such as through family members) , any legally sufficient significant degree of ownership, management or control, the terms and conditions of that other business entity will be bound to this Agreement shall be applicable and will pay its employees wages and fringes in an aggregate amount equal to all such workthat required under this Agreement. (b) All charges of violations of paragraph (aSection 1(a) of this Section, Article shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures for the handling of grievances and the final binding resolution of disputes, as provided for in Article VIII of this Agreement. As a remedy for violations of this paragraph Article, the arbitrator (or arbitration body) provided for in Article VIII Joint Conference Board is empowered empowered, at the request of the Union, to require an employer Employer to (1pay the Union the difference between the wages and fringe benefits actually paid by the other business entities as defined in Section 1(a) pay and the amount required to affected employees covered by be paid pursuant to Section 1(a) of this AgreementArticle, including registered applicants for employment, plus interest at the equivalent of wages lost by such employees as a result of the violations, and (2) pay into the affected Joint Trust Funds established by this Agreement and any delinquent contributions to such funds which have resulted from the violationsprime interest rate. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations of this paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; Section 1(a) nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs sections or other articles of this Agreement. (c) If, as a result of violations of this paragraphArticle, 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 paragraph (b) abovethis Article, or to defend any action which seeks to vacate such award, the employer Employer shall pay any accountants’ accountants and attorneys’ attorneys fees incurred by the Union and/or Fund TrusteesUnion, plus cost costs of the litigation, which have resulted from the bringing of such court action. (d) If this Article is declared to be unlawful, Section 2. None of the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I this Agreement which is to be performed at the site of construction, alteration, plastering or repair of any building, structure or other work shall be subcontracted, except to an Employer which is signatory to or otherwise party to this Agreement. Any Employer violating the requirement of this section shall pay to the employees registered for employment on, and next entitled to dispatch from, the out-of-work list of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete or panel systemsLocal Area with jurisdiction over the jobsite, the installation, carrying, transportation, handling, stocking, wages and scrapping other benefits to which they would have been entitled, Section 3. The fabrication or preparation of all materials and materials, structures or component parts of all types structures involving work within the jurisdiction of ceilings regardless the Union as defined in this Agreement, which has normally and traditionally been done at the jobsite by employees covered by this Agreement shall continue to and must be performed by the employees covered by this Agreement. No employee may be discharged, laid off or otherwise disciplined for refusing to install any such materials, structures or component parts of their material structures which have been fabricated on or composition off the jobsite by employees receiving wages, hours or method other conditions of employment less favorable to employees than the wages, hours or manner other conditions of installation, attachment or connection, including but not limited employment provided by this Agreement. Section 4. It is the intent of this Article to all hangers, carrying channels, cross furring, stiffeners, bracesprotect and preserve for the employees covered by this Agreement, all bars regardless of material or method the work which has normally and traditionally been performed by Plasterers represented by the O.P. & C.M.I.A. and to maintain the wages, hours and other conditions of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installationemployment they have enjoyed with respect thereto.

WORK PRESERVATION. (Preservation of Unit Work) (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-on- site construction work of the type covered by this Agreement, under his its own name or under the name of another, as a corporation, company, partnership, or any other business entity, entity including a joint joint-venture, wherein the Employer (including Employer, through its officers, directors, ownerspartners, partners or stockholders) , exercises either directly or indirectly (such as through family members) any legally sufficient degree of ownershipindirectly, management control or controlmajority ownership, the terms and conditions of this Agreement shall be applicable to all such work. (b) . All charges of or violations of paragraph (a) of this Section, Section shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes, as provided in Article VIII of this Agreement. . (b) As a remedy for violations of this paragraph Section, the arbitrator (or arbitration body) provided 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 Article VIII is empowered their discretion and at the request of the Union, to require an employer 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 joint trust funds established by under this Agreement and 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 violations of this paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; Section nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs Sections or other Articles of this Agreement. (c) If, as a result of violations of this paragraphSection, it is necessary for the Union and/or the Trustees of the Joint Trust Funds joint trust funds to institute court action to enforce an and award rendered in accordance with paragraph subsection (b) above, above or to defend any an action which seeks to vacate such award, the employer 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. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete or panel systems, the installation, carrying, transportation, handling, stocking, and scrapping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installation.

WORK PRESERVATION. (Preservation Preser- vation of Unit Work) (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 pre- vent 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 his 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 (including its officers, directors, owners, partners or stockholders) exercises either directly or indirectly (such as through family membersmem- bers) any legally sufficient degree of ownership, management man- agement or control, the terms and conditions of this Agreement shall be applicable to all such work. (b) All charges of violations of paragraph (a) of this Section, shall be considered as a dispute under this Agreement and shall be processed in accordance accor- dance with the procedures for the handling of grievances griev- ances and the final binding resolution of disputes, as provided in Article VIII of this Agreement. As a remedy reme- dy for violations of this paragraph the arbitrator (or arbitration body) provided for in Article VIII is empowered empow- ered 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 by this Agreement and any delinquent contributions to such funds which have resulted from the violations. Provision Provi- sion for this remedy herein does not make such remedy rem- edy available to the Union for violations of this paragraphpara- graph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraphpara- graph; nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs para- graphs of this Agreement. (c) If, as a result of violations of this paragraph, 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 paragraph (b) above, or to defend any 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. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/ Drywall/Lathing Master Agreement including includ- ing Exterior Insulation Finish Systems (EIFS), precast pre- cast concrete or panel systems, the installation, carryingcar- rying, transportation, handling, stocking, and scrapping scrap- ping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installationinstal- lation.

WORK PRESERVATION. (Preservation of Unit Work) (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 his its own name or under the name of another, as a corporation, company, partnership, or any other business entity, entity including a joint venture, wherein the Employer (including Employer, through its officers, directors, ownerspartners, partners or stockholders) , exercises either directly or indirectly (such as through family members) any legally sufficient degree of ownershipindirectly, management control or controlmajority ownership, the terms and conditions of this Agreement shall be applicable to all such work. (b) . All charges of or violations of paragraph (a) of this Section, Section shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes, as provided in Article VIII of this Agreement. . (b) As a remedy for violations of this paragraph Section, the arbitrator (or arbitration body) provided 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 Article VIII is empowered their discretion and at the request of the Union, to require an employer 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 joint trust funds established by under this Agreement and 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 violations of this paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; Section nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs Sections or other Articles of this Agreement. (c) If, as a result of violations of this paragraphSection, it is necessary for the Union and/or the Trustees of the Joint Trust Funds joint trust funds to institute court action to enforce an award rendered in accordance with paragraph subsection (b) above, or to defend any an action which seeks to vacate such award, the employer 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. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete or panel systems, the installation, carrying, transportation, handling, stocking, and scrapping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installation.

WORK PRESERVATION. (Preservation of Unit Work) (ai) 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-on- site construction work of the type covered by this Agreement, under his its own name or under the name of another, as or a corporation, company, partnership, or any other business entity, entity including a joint venture, wherein the Employer (including through its officers, directors, ownerspartners, partners or stockholders) , exercises either directly or indirectly (such as through family members) any legally sufficient degree of ownershipindirectly, management control or controlownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. (b) . All charges of or violations of paragraph (a) of this Section, Section shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes, as provided in Article VIII of this Agreement. . (ii) As a remedy for violations of this paragraph Section, the arbitrator (or arbitration body) provided 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 Article VIII is empowered their discretion and at the request of the Union, to require an employer 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 joint trust funds established by under this Agreement and 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 violations of this paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; Section nor does it make the same or other remedies unavailable to the Union for violations of other paragraphs Sections or other Articles of this Agreement. (ciii) If, as a result of violations of this paragraphSection, it is necessary for the Union and/or the Trustees of the Joint Trust Funds joint trust funds to institute court action to enforce an award rendered in accordance with paragraph subsection (bii) above, or to defend any an action which seeks to vacate such award, the employer 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. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete or panel systems, the installation, carrying, transportation, handling, stocking, and scrapping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installation.