WORK PRESERVATION. For the purpose of preserving work and job opportunities for the employees covered by this Agreement, the signatory Employer agrees that no operation, work or services of the kind, nature or type covered by, or presently performed by, or hereafter assigned to, the collective bargaining unit by the signatory Employer will be subcontracted, transferred, leased, diverted, assigned or conveyed in full or in part (hereinafter referred to as “divert” or “subcontract”), by the Employer to any other plant, business, person, or non-unit employees, or to any other mode of operation, unless specifically provided and permitted in this Agreement. In addition, the signatory Employer agrees that it will not, as hereinafter set forth, subcontract or divert the work presently performed by, or hereafter assigned to, its employees to non-employee owner-operators or other business entities owned and/or controlled by the signatory Employer, or its parent, subsidiaries or affiliates.
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...
WORK PRESERVATION. Except for academic supervisors and Deans who are required to teach as part of their load, classroom instruction and other unit academic duties shall not be assigned to non-unit members without the express advanced written consent of the Faculty Association.
WORK PRESERVATION. (a) For the duration of this Agreement, the Employer agrees not to establish or purchase any union or non-union trucking company without the prior approval of TNFINC.
(b) The Employer agrees that during every year of the ABF NMFA it will fund the purchase, replacement and maintenance of ABF rolling stock (tractors, trailers and other ABF power equipment) in an amount not less than the net wage reduction provided by the ABF NMFA.
(c) The Employer agrees that it will not transfer any bargaining unit work to another trucking company or trucking-related service company, regardless of whether that company is affiliated with either ABF or its parent company, unless expressly authorized by the ABF-NMFA.
(d) The Employer makes a good faith commitment, absent any new regulatory or unforeseen extraordinary events, that it will not close ABF for the duration of this agreement.
WORK PRESERVATION. NO CHANGE NO CHANGE
WORK PRESERVATION.
A. CONTRACTING: AT THE UNIVERSITY In case the University contracts to have work regularly and customarily performed by workers performed by a contractor on University operated premises, and where layoff of workers would directly result, the University will, following written request by the Union, meet with the Union to bargain the effects of the decision on the affected workers.
WORK PRESERVATION. 26.1.1 Layoff shall only be for lack of work, lack of funds, or discontinuance of a particular program that necessitates a reduction in classified employees.
WORK PRESERVATION. The parties recognize that individuals outside the bargaining unit have historically performed clerical work similar to that performed by bargaining unit employees. It is not the intent of this Agreement to eliminate or curtail these practices. The University intends that supervisory personnel will act in a supervisory capacity and will not regularly perform the work of bargaining unit employees except when necessary due to the unexpected absence of employees or in emergencies. The parties also agree:
A. The University will not create new clerical positions outside the bargaining unit for the purpose of eroding the bargaining unit.
B. In the event that any clerical positions currently covered by this Agreement are relocated to another University facility in the Chicago area, the University will continue to recognize the Union as bargaining representative for the clerical employees occupying these positions.
C. For the purpose of preserving work and job opportunities for clerical employees covered by this Agreement, the University will not transfer assigned clerical job duties out of the bargaining unit with the purpose or intent of eroding the bargaining unit or evading the terms of this Agreement.
WORK PRESERVATION. There shall be no subcontracting or transferring out of bargaining unit work which has been traditionally or customarily performed by Unit Members.
WORK PRESERVATION. That the preservation of work customarily and traditionally performed by the Employers’ employees and work, which is fairly claimable by them, shall be performed by them is of the essence. To that end the Employer agrees that:
