Common use of PRESERVATION OF WORK CLAUSE Clause in Contracts

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both the Wall And Ceiling Alliance (WACA) and the Union parties to this Agreement recognize the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.

PRESERVATION OF WORK CLAUSE. Section 1. a. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. b. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of the Joint Adjustment Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels. Section 3. c. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this agreement requires contributions may institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants' and/or attorneys' fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. A. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. B. All charges of violations of Section 1 A of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Board Grievance Committee or Arbitrator arbitrator shall be able, at the request of the Union, to require an Employer to pay pay: 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent contributions that resulted from the violations. The Joint Adjustment Board Grievance Committee 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 Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels., Section 3. C. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Grievance Committee remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of this Agreementlitigation, that have resulted from such legal action. Consistent with that recognitionThis Section does not affect other remedies, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, whether provided by mutual agreement, to initiate such modifications to law or this Agreement, during its term, as which may be necessary available to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that and/or the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), ) management, control, control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations violation of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution resolutions of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, able at the request of the Union, to require an Employer to pay pay; 1) to affected effected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected effected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent contributions that resulted from the violations. The Joint Adjustment Board or Arbitrator shall be able to also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitralarbiter, judicial, judicial or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions, institute legal action to enforce an award by an Arbitrator remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), ) management, control, control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations violation of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution resolutions of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, able at the request of the Union, to require an Employer to pay pay; 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected effected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent contributions that resulted from the violations. The Joint Adjustment Board or Arbitrator shall be able to also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitralarbiter, judicial, judicial or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions, institute legal action to enforce an award by an Arbitrator remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not effect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), ) management, control, control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations violation of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution resolutions of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, able at the request of the Union, to require an Employer to pay pay; 1) to affected effected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected effected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent contributions that resulted from the violations. The Joint Adjustment Board or Arbitrator shall be able to also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitralarbiter, judicial, judicial or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions, institute legal action to enforce an award by an Arbitrator remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.Joint

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Board Labor Management Committee or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Board Labor Management Committee or Arbitrator shall be able also to provide any other appropriate remedies, whether . Whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Board Labor Management Committee or Arbitrator under this Article only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of oneone or more Joint Trust Funds to which this Agreement requires contributions, institutes legal action to enforce an award by an Arbitrator or the Labor Management Committee remedying such violation or defends an action that seeks to vacate such award, the Employer shall pay any accountants and/or attorney fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation that results from such legal action. This Section does not affect other remedies, whether provided by law or this Article, which may be available to the Union and/or the Joint Trust Funds. Section 4. Both No Employer shall be privileged to work on any job until they have at least one Journeyworker employed and they shall comply with the Wall And Ceiling Alliance (WACA) and the Union parties same regulations of hours of work as are applicable to this Agreement recognize the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJourneyworkers.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, preserve for the employees Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, Agreement and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, Agreement under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, Employer through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), ) management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. 7.4.1 All charges of violations of Section 1 of this Article 7.4 shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Industry Board or Arbitrator shall be able, able at the request of the Union, Union to require an Employer to pay 1) to affected employees Employees covered by this Agreement, Agreement including registered applicants for employment, employment the equivalent of wages those employees Employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions and any delinquent contributions that resulted from the violations. The Joint Adjustment Industry Board or Arbitrator shall be able also to provide any other appropriate remedies, remedies whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Industry Board or Arbitrator under this Article Section only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If7.4.2 If after, after an Employer has violated this ArticleSection, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions institute legal actions to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Industry Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants and/or attorney's fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Article, which may be available to the industry during Union and/or the term Joint Trust Funds. Should the Employer be found not in violation of this Agreement. Consistent with that recognitionSection, both WACA and the Union costs incurred to defend will continually monitor the effectiveness of this Agreement and will endeavor, be borne by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employerssaid Trust.

PRESERVATION OF WORK CLAUSE. Section 1. 37.1 To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site onsite construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. 37.2 All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this the Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of the Joint Adjustment Trade Board or Arbitrator arbitrator under this Article only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. 37.3 If, after an Employer has violated this Article, the Union and/or the Trustees Trustee of one one or more joint Trust Funds to which this agreement requires contributions can institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award. This Section 4. Both the Wall And Ceiling Alliance (WACA) and does not affect other remedies, whether provided by law or this Article that may be available to the Union parties to and/or the Joint Trust Funds. In this Agreement recognize Article, the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, Joint Trade Board shall be recognized as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.P.U.M.P.

PRESERVATION OF WORK CLAUSE. Section SECTION 1. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. Section SECTION 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels.shall Section SECTION 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed per- formed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work.or Section 2. All charges of violations violation of Section 1 of this Article shall be considered as a dispute and shall be processed pro- cessed in accordance with the provisions of this Agreement Agree- ment on the handling of grievances and the final and binding resolution resolutions of disputes. As a remedy for violations ▇▇▇▇▇- tions of this Article, the Joint Adjustment Board or Arbitrator shall be able, able at the request of the Union, to require an Employer to pay pay; 1) to affected effected employees covered by this Agreement, including includ- ing registered applicants for employment, the equivalent equiva- lent of wages those employees have lost because of the violations, and 2) into the affected effected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent de- linquent contributions that resulted from the violations. The Joint Adjustment Board or Arbitrator shall be able to also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitralarbiter, judicial, ▇▇▇▇- cial or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer has violated this ArticleAr- ticle, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contri- butions, institute legal action to enforce an award by an Arbitrator remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and Employer shall pay any accountants’ and/or attorneys’ fees in- curred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds plus costs of the parties within the industry during the term of this Agreement. Consistent with litigation, that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.have resulted from such

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, ownership the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels.this Section 3. If, after an Employer employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one (1) or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorney’s fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work.or Section 2. All charges of violations violation of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution resolutions of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, able at the request of the Union, to require an Employer to pay pay; 1) to affected effected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected effected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent contributions that resulted from the violations. The Joint Adjustment Board or Arbitrator shall be able to also to provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitralarbiter, judicial, judicial or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions, institute legal action to enforce an award by an Arbitrator remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-on- site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, ownership the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) 1 ( to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) 2 (into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of the Joint Adjustment Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for governmental 9for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this agreement requires contributions institute legal action to enforce an award by an arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorney’s fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with that recognitionArticle, both WACA and which may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. 37.1 To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site onsite construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. 37.2 All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this the Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Trade Board or Arbitrator arbitrator under this Article only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. 37.3 If, after an Employer has violated this Article, the Union and/or the Trustees Trustee of one one or more joint Trust Funds to which this Agreement requires contributions can institute legal action to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award. This Section 4. Both the Wall And Ceiling Alliance (WACA) and does not affect other remedies, whether provided by law or this Article that may be available to the Union parties to and/or the Joint Trust Funds. In this Agreement recognize Article, the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, Joint Trade Board shall be recognized as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.P.U.M.P.

PRESERVATION OF WORK CLAUSE. Section 1. (A) To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. (B) All charges of violations of Section 1 9(A) of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, able at the request of the Union, to require an Employer to pay 1) to affected the effected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, violations and 2) into the affected effected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Trade Board or Arbitrator under this Article only through arbitralarbitrage, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. (C) If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. (a) To protect and preserve, for the employees Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this the Agreement shall be applicable to all such work. (b) If the Employer violates Section 2. All charges of violations of Section 1 6 (a) of this Article shall be considered as Article, (i) the Union may resort to all available legal or economic recourse, including cancellation of this Agreement, or the Union may consider the violation a dispute and shall to be processed in accordance with the provisions of this the Agreement on the handling of grievances and the final and binding resolution of disputes; and (ii) the Benefit Funds may resort to all available legal or economic resources. including the filing of a legal action to collect all the contributions due from the Employer. As a remedy for violations of this ofthis Article, the Joint Adjustment Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1I) to affected employees Employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees Employees have lost because of the violations, and 2) into the affected Joint Trust effected Fringe Benefit Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. (c) If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one (I) or more Fringe Benefit Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants' and/or attorneys' fees incurred by the Union parties to this Agreement recognize the necessity of assuring the competitive position and/or Fringe Benefit Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with that recognitionArticle, both WACA and which may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersFringe Benefit Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, preserve for the employees Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, Agreement and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, Agreement under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, Employer through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), ) management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. 7.4.1 All charges of violations of Section 1 of this Article 7.4 shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Industry Board or Arbitrator shall be able, able at the request of the Union, Union to require an Employer to pay 1) to affected employees Employees covered by this Agreement, Agreement including registered applicants for employment, employment the equivalent of wages those employees Employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions and any delinquent contributions that resulted from the violations. The Joint Adjustment Industry Board or Arbitrator shall be able also to provide any other appropriate remedies, remedies whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Industry Board or Arbitrator under this Article Section only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If7.4.2 If after, after an Employer has violated this ArticleSection, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions institute legal actions to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Industry Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants and/or attorney’s fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Article, which may be available to the industry during Union and/or the term Joint Trust Funds. Should the Employer be found not in violation of this Agreement. Consistent with that recognitionSection, both WACA and the Union costs incurred to defend will continually monitor the effectiveness of this Agreement and will endeavor, be borne by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employerssaid Trust.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), ) management, control, control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations violation of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution resolutions of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, able at the request of the Union, to require an Employer to pay pay; 1) to affected effected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected effected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels.Arbitrator Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions, institute legal action to enforce an award by an Arbitrator remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This Section does not effect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, preserve for the employees Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, Agreement and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, Agreement under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employer, Employer through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), ) management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. 7.4.1 All charges of violations of Section 1 of this Article 7.4 shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Industry Board or Arbitrator shall be able, able at the request of the Union, Union to require an Employer to pay 1) to affected employees Employees covered by this Agreement, Agreement including registered applicants for employment, employment the equivalent of wages those employees Employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions and any delinquent contributions that resulted from the violations. The Joint Adjustment Industry Board or Arbitrator shall be able also to provide any other appropriate remedies, remedies whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Industry Board or Arbitrator under this Article Section only through arbitral, judicial, judicial or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If7.4.2 If after, after an Employer has violated this ArticleSection, the Union and/or the Trustees of one Section 4. Both the Wall And Ceiling Alliance (WACA) and the Union parties one or more Joint Trust Funds to which this Agreement recognize the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, requires contributions institute legal actions to enforce an award by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA an Arbitrator or the Union may request in writing Industry Board remedying such violation, or defend an action that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.seeks

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, ownership the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Trade Board or Arbitrator shall also 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 Adjustment Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one (1) or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorney’s fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section SECTION 1. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. Section SECTION 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of the Joint Adjustment Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels. Section SECTION 3. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, venture wherein the Employer, Employer through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 I of this Article shall be considered as a dispute and shall be processed process in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, governmental (for example, example the National Labor Relations Board Board) channels. Section 3. If, If after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both the Wall And Ceiling Alliance (WACA) and the Union parties one or more Joint Trust Funds to which this Agreement recognize the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, requires contributions institute legal action to enforce an award by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA an Arbitrator or the Union may request in writing Joint Trade Board remedying such violation, or defend an action that the parties meet seeks to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.vacate such

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer employer performs on-site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employeremployer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, ownership the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, at the request of the Union, to require an Employer employer to pay 1) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitral, judicial, judicial or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this agreement requires contributions institute legal action to enforce an award by an arbitrator remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and employer shall pay any accountants’ and/ or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within litigation, that have resulted from such legal action if the industry during union and/or the term trustees of one or more Joint Trust Funds are the prevailing party. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with that recognitionArticle, both WACA and which may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. A. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise)indirectly, management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. B. All charges of violations of Section 1 of this Article the above shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to the affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of on the Joint Adjustment Trade Board or Arbitrator under this Article section only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. C. If, after an Employer has violated this Article, Article the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. A) To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. B) All charges of violations of Section 1 A of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. C) If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants' and/or attorneys' fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This Section does not affect other remedies, whether provided by law or this Agreement. Consistent with agreement that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, preserve for the employees Employees covered by this Agreement, all work they have performed and all work covered by this Agreement, Agreement and to prevent pre- vent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, Agreement under its own name or the name of another, as a corporation, company, partnership, part- nership or other business entity, including a joint venture, wherein the Employer, Employer through its officers, directors, partners, owners, owners or stockholders, exercises directly or indirectly (through family members or otherwise), ) management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. 7.4.1 All charges of violations of Section 1 7.4 of this Article Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Industry Board or Arbitrator shall be able, able at the request of the Union, Union to require re- quire an Employer to pay 1) to affected employees effected Employees covered by this Agreement, Agreement including registered applicants for employment, employment the equivalent of wages those employees Employees have lost because lost 7.4.2 If after, an Employer has violated this Section, the Union and/or the Trustees of the violations, and 2) into the affected one or more Joint Trust Funds to which this Agreement requires contributions institute legal actions to enforce an award by an Arbitrator or the Industry Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any delinquent contributions accountants and/or attorney’s fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from the violationssuch legal action. The Joint Adjustment Board or Arbitrator shall be able also to provide any This Section does not affect other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels. Section 3. If, after an Employer has violated this Article, which may be available to the Union and/or the Trustees of one Section 4Joint Trust Funds. Both Should the Wall And Ceiling Alliance (WACA) and the Union parties to this Agreement recognize the necessity of assuring the competitive position of the parties within the industry during the term Employer be found not in violation of this Agreement. Consistent with that recognitionSection, both WACA and the Union costs incurred to defend will continually monitor the effectiveness of this Agreement and will endeavor, be borne by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employerssaid Trust.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows, subject to the provision of Article II: If the Employer performs on-on site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officersofficer, directors, partners, owners, owners or stockholders, exercises directly or indirectly indirectly, (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, Union to require an Employer to pay 1) to affected employees covered by this Agreement, Agreement including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions contributions, any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, governmental (for example, the National Labor Relations Board Board) channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees trustees of one Section 4. Both one (1) or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or Joint Trust Board remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and Employer shall pay any accountant's and/or attorney's fees incurred by the Union parties to this Agreement recognize the necessity of assuring the competitive position and/or Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article, that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels. Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees of oneone or more Joint Trust Funds to which this Agreement requires contributions institute legal action to enforce an award by an Arbitrator or the Joint Adjustment Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, 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 Union and/or the Joint Trust Funds. Section 4. Both the Wall And Ceiling Alliance (WACA) and the Union parties to this Agreement recognize the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.the

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it ii is agreed as follows: If the Employer employer performs on-site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, partnership or other business entity, including a joint venture, wherein the Employeremployer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, ownership the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, at the request of the Union, to require an Employer employer to pay 1) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law or this Agreementagreement. The Union shall enforce a decision of the Joint Adjustment Board or Arbitrator under this Article only through arbitral, judicial, judicial or governmental, governmental (for example, the National Labor Relations Board Board} channels. Section 3. If, after an Employer employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this agreement requires contributions institute legal action to enforce an award by an arbitrator remedying such violation, or defend an action that seeks to vacate such award, the Wall And Ceiling Alliance (WACA) and employer shall pay any accountants' and/or attorneys' fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within litigation, that have resulted from such legal action if the industry during union and/or the term trustees of one or more Joint Trust Funds are the prevailing party. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with that recognitionArticle, both WACA and which may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.' '

PRESERVATION OF WORK CLAUSE. Section 1. To protect and preserve, for the employees covered by this Agreement, all work they have performed and all work covered by this Agreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. Section 2. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment 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 Adjustment Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels.of Section 3. If, after an Employer has violated this ArticleAr- ticle, the Union and/or the Trustees of oneone (1) or more Joint Trust Funds to which this Agreement requires con- tributions institute legal action to enforce an award by an Arbitrator or the Joint Adjustment Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants’ and/or attorneys’ fees incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, 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 Union and/or the Joint Trust Funds. Section 4. Both the Wall And Ceiling Alliance (WACA) and the Union parties to this Agreement recognize the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, both WACA and the Union will continually monitor the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers.necessary

PRESERVATION OF WORK CLAUSE. Section 1. a. To protect and preserve, for the employees covered by this Agreementagreement, all work they have performed and all work covered by this Agreementagreement, and to prevent any device or subterfuge to avoid the protection and preservation of such work, it is agreed as follows: If the Employer performs on-site construction work of the type covered by this Agreementagreement, under its own name or the name of another, as a corporation, company, partnership, or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises directly or indirectly (through family members or otherwise), management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. b. All charges of violations of Section 1 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement agreement on the handling of grievances and the final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Adjustment Trade Board or Arbitrator shall be able, at the request of the Union, to require an Employer to pay 1) to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost because of the violations, and 2) into the affected Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions that resulted from the violations. The Joint Adjustment Trade Board or Arbitrator shall be able also to provide any other appropriate remedies, whether provided by law faw or this Agreementagreement. The Union shall enforce a decision of the Joint Adjustment Trade Board or Arbitrator under this Article only through arbitral, judicial, or governmental, for example, the National Labor Relations Board channels. Section 3. c. If, after an Employer has violated this Article, the Union and/or the Trustees of one Section 4. Both one or more Joint Trust Funds to which this agreement requires contributions may institute legal action to enforce an award by an Arbitrator or the Wall And Ceiling Alliance (WACA) and Joint Trade Board remedying such violation, or defend an action that seeks to vacate such award, the Employer shall pay any accountants' and/or attorneys' fees incurred by the Union parties to this Agreement recognize and/or the necessity of assuring the competitive position Joint Trust Funds, plus costs of the parties within the industry during the term of litigation, that have resulted from such legal action. This section does not affect other remedies, whether provided by law or this Agreement. Consistent with Article that recognition, both WACA and may be available to the Union will continually monitor and/or the effectiveness of this Agreement and will endeavor, by mutual agreement, to initiate such modifications to this Agreement, during its term, as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual Employers. To that end, either WACA or the Union may request in writing that the parties meet to address specific concerns and address contract modifications. If either party makes such a request, it is agreed that the parties will meet within two weeks and endeavor to achieve mutually agreeable Agreement modifications necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual EmployersJoint Trust Funds.