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 onsite construction work of the type covered by this Agreement, under it’s 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, owner, 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. Section 3. If, after an Employer has violated this Article, the Union and/or Trustees of 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 Joint Trust Board remedying such violations, or defend an action that seeks to vacate such award, the Employer shall pay any accountant and/or attorney 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.

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 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 onsite on-site construction work of the type covered by this Agreement, under it’s its own name or the name of another, as a corporation, company partnershipcompany, partnership or other business entity, including a joint venture, wherein the Employer, through its officers, directors, partners, owner, 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 Arbitrator shall be able at the request of the Union, to require an Employer to pay; 1) 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 effected Joint Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted from the violations. The Arbitrator shall be able to also provide any other appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision of the Arbitrator under this Article only through arbiter, 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 (1) or more Joint Trust Funds to which this Agreement requires contributions contributions, institute legal action to enforce an award by an Arbitrator or the Joint Trust Board remedying such violationsviolation, or defend an action that seeks to vacate such award, the Employer shall pay any accountant and/or attorney 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.,