Common use of MARKET RECOVERY PROGRAM Clause in Contracts

MARKET RECOVERY PROGRAM. Notwithstanding any other provisions of the April 1, 2011 - March 31, 2014 Agreement, the following shall apply: SECTION 1. For work bid prior to April 1, 2011 the market recovery provisions of the 2008 - 2011 Agreement shall apply. For all work bid on or after April 1, 2011, the terms SECTION 2. On all work bid under the market recovery provisions of the present or any prior Agreement between the parties, the Employer may use its sole discretion with respect to hours and working conditions, on any such jobs, the minimum hourly wage rates that were in effect on the date the bids were due or negotiated, whichever was earlier, shall remain in effect until the completion of that job, irrespective of the termination of the collective bargaining agreement in effect at the time the work was bid or negotiated, or of any subsequent agreement, except that any increase in fringe benefit contribution rates shall be payable on the effective date of said increase. SECTION 3. On all work bid on and after April 1, 2011, the following shall apply: (1) On projects covered by state or federal prevailing wage laws, the wage rates set forth in the wage determination in the construction contract shall continue to apply until the scheduled completion date of that job, (or the effective date of increased rates implemented by the governing agency) irrespective of the termination of this Agreement, except that any increase in fringe benefit fund contribution rates negotiated in this Agreement shall be payable on the effective date of the increase. (2) On projects not covered by state or federal prevailing wage laws, the minimum hourly wage rates in effect on the date the bids are due or negotiated, whichever is earlier, shall remain in effect until the scheduled completion date of that job, irrespective of the termination of this Agreement, except that any increase in fringe benefit fund contribution rates negotiated in this Agreement shall be payable on the effective date of the increase. (3) Overtime shall be paid after 10 hours in a day, 40 hours in a week. SECTION 4. While performing in jobs described in Section 1, if any of the work covered in the trade jurisdiction of this Agreement is performed by employees not covered by this Agreement, the Union may immediately have that piece of equipment manned by an employee covered by this Agreement. In the event the Employer refuses to man the equipment as demanded by the Union, the Employer shall be liable for work opportunity loss (wages plus fringes) from the date of said demand. The Employer shall not have the right to Grievance and Arbitration under this Section. SECTION 5. For powerhouse projects where contracts for the work are separately awarded, they will be covered by Market Recovery where applicable. However, there will only be a one year carryover and overtime after ten

MARKET RECOVERY PROGRAM. Notwithstanding any other provisions of the April 1, 2011 - March 31, 2014 Agreement, the following shall apply: SECTION 1. For work bid prior to April 1, 2011 2022 the market recovery provisions of the 2008 - 2011 2019–2022 Agreement shall apply. For all work bid on or after April 1, 20112022, the termsterms of Surveyors Agreement shall apply, except as provided hereunder: SECTION 2. On all work bid prior to April 1, 2022, which was bid under the market recovery provisions of the present or any prior Agreement between the parties, the Employer may use its sole discretion with respect to hours and working conditions, on any such jobs, the . The minimum hourly wage rates wages that were in effect on the date the bids were due or negotiated, whichever was earlier, shall remain in effect until the completion of that job, irrespective of the termination of the collective bargaining agreement in effect at the time the work was bid or negotiated, or of any subsequent agreement, except that any increase in fringe benefit contribution rates shall be payable on the effective date of said increase. SECTION 3. On all work bid on and after April 1, 20112022, described in Subsections 1 and 2 above, the Employer may use its sole discretion with respect to the hours and working conditions, except as otherwise provided therein, and on any jobs bid on or after April 1, 2022, the following shall apply: (1) On projects covered by state or federal prevailing wage laws, the wage rates set forth in the wage determination in the construction contract shall continue to apply until the scheduled completion date of that job, (or the effective date of increased rates implemented by the governing agency) irrespective of the termination of this Agreement, except that any increase in fringe benefit fund contribution rates negotiated in this Agreement shall be payable on the effective date of the increase. (2) On projects not covered by state or federal prevailing wage laws, the minimum hourly wage rates in effect on the date the bids are due or negotiated, whichever is earlier, shall remain in effect until the scheduled completion date of that job, irrespective of the termination of this Agreement, except that any increase in fringe benefit fund contribution rates negotiated in this Agreement shall be payable on the effective date of the increase. (3) Overtime shall be paid after 10 hours in a day, 40 hours in a week. SECTION 4. While performing in jobs described in Section 1, if any of the work covered in the trade jurisdiction of this Agreement is performed by employees not covered by this Agreement, the Union may immediately have that piece of equipment manned by an employee covered by this Agreement. In the event the Employer refuses to man the equipment as demanded by the Union, the Employer shall be liable for work opportunity loss (wages plus fringes) from the date of said demand. The Employer shall not have the right to Grievance and Arbitration under this Section. SECTION 5. For powerhouse projects where contracts for the work are separately awarded, they will be covered by Market Recovery where applicable. However, there will only be a one year carryover and overtime after ten