Common use of Provisions and Limitations Clause in Contracts

Provisions and Limitations. 3. All members of the Labor Relations Division of the Ohio Contractors Association, and any person, firm or corporation who as an Employer becomes signatory to this Agreement, shall be bound by all terms and conditions of this Agreement as well as any future amendments which may be negotiated by the Labor Relations Division of the Ohio Contractors Association and the Union, and furthermore, shall be bound to make Health and Welfare payments, Pension payments, Apprenticeship Fund and Safety and Educational Fund payments required under Article V for all work performed within the work jurisdiction outlined in Article I of this Agreement, or any other payment established by the appropriate Agreement. 4. The Employer will employ Operating Engineers for the erection, operation, assembly and disassembly, and maintenance and repair of the following construction equipment, regardless of motive power: Air Compressors, Backfillers, Batch Plants, Boilers, Cableways, Connection Machines, Derricks, Finishing Machines, Truck-Crawler and Locomotive Cranes, Concrete Mixing Plants, Shovels, Hoes, Keystone Graders, Paving Mixers, Piledriving Machines, Tractors, Le Tourneau and other types of Scoops, End Loaders and all like equipment within the jurisdiction assigned to the Union by the American Federation of Labor. 5. Providing the employment is in accordance with the terms of the Agreement, the Union shall at all times, when requested by the Employer, use its best efforts to furnish the Employer with competent employees to operate, maintain and repair equip- ment. 6. Upon the request of either party a Pre-Job Conference will be held at least five (5) days prior to commencing work and the Union may request and receive the Pre-Job Conference with the Employer on an individual basis. In case of an emergency start of a construction job, the Pre-Job Conference will be held as soon as possible after the commencing of work. When an Employer is awarded a contract of $500,000 or more, the Em- ployer will notify the Union at the time it is awarded such job. Following are the items which will be discussed at the Pre-Job Conference: A. The Employer will advise the Union Representative of the Employer’s requirements of necessary employees in the classifications of work under this Agreement and the Union will determine and advise the Employer of the ability of the Union to fulfill such requirements when requested. B. Work schedules. C. Questions of jurisdiction and assignment of work. D. The Employer agrees that wherever possible at such Pre-Job Conference, they will notify the Union having jurisdiction over the project of any subcontracts let by the Employer, the names of the subcontractors and the nature of the work to be performed by the subcontractors. The Union may request a subcontractor to meet with the Union, and the subcontractor will meet with the Union prior to commencing work on a project if the subcontractor did not attend the original Pre-Job Conference for the project. E. Before the start of any project containing known hazard- ous waste materials, there will be a Pre-Job Conference held. The Employer must notify the Union five (5) days prior to starting work on the project. Failure to do so, the Union has the right to withhold its service until such time a Pre-Job Conference is held. It is understood and agreed that no agreement may be made at the Pre-Job Conference which will effect change, modify or abrogate the Labor Agreement in effect between the two parties hereto. 7. The Employer recognizes and acknowledges that Local 18 and its Branches of the International Union of Operating Engineers is the sole representative of all employees in the classifications of all work under their jurisdiction covered by this Agreement for the purposes of collective bargaining. 8. Subject to the provisions and limitations of the National Labor Relations Act, as amended, all present employees who are members of the Local Union above stated on the effective date of this sub-section shall remain members of the Local Union in good standing as a condition of employment. 9. All present employees who are not members of the Local Union and all employees who are hired hereafter shall become and remain members in good standing of any one of said Locals as a condition of employment on and after the eighth (8th) day following the effective date of this sub-section, or following the beginning of their employment, whichever is later. 10. The Employer is to be the sole judge as to the satisfac- tory performance of work by an employee and may discharge any employee whose work is unsatisfactory, or who fails to observe the safety precautions or other rules and regulations prescribed by the Employer for the health, safety and protection of its em- ployees. However, no employee shall be discharged for defend- ing the rights of any employee under the terms of this Agreement. Any grievance arising through application of this clause shall be adjusted in accordance with the procedures outlined in Article XV, Paragraphs 107 through 109. Intoxication and/or assault commit- ▇▇▇ on the job site shall be cause for immediate discharge. 11. The Union shall place no limitation upon the amount of work which an employee shall perform during the working day and there shall be no restriction imposed against the use of any type of machinery, tools, or labor-saving devices. 12. The Employer may shift during a work day an Operating Engineer from one piece of hourly and day rate of pay equipment to another hourly or day rate of pay piece of equipment, without limitation from same job site providing the shifting does not inter- fere with another Operating Engineer’s work day. This condition also pertains to weekly pay equipment. However, there shall not be any intermixing with weekly pay equipment to hourly or day rate of pay equipment. The Operating Engineer will be paid the higher rate for that day in all cases. 13. If the Employer assigns any piece of equipment to someone other than the Operating Engineer, the Employer’s penalty shall be to pay the first qualified registered applicant the applicable wages and fringe benefits from the first day of violation. 14. The authorized representative of the Union shall have access to the job during working hours for the purpose of visiting individual members, adjusting grievances or disputes, and other such duties as may have to be performed, provided the activities do not interfere with the progress of the job. 15. The Union may, when it believes it necessary, appoint a ▇▇▇▇▇▇▇ on each shift on a project and a Union Representative will, when making such an appointment, notify the Employer. 16. The Union and the Employer agree to make every effort to establish the wage rates in this Agreement as the prevailing wage rates for Highway Heavy construction for all public works contracts in the State of Ohio for the area designated herein, and both parties will present this Agreement to the ▇▇▇▇▇-▇▇▇▇▇ Sec- tion, United States Department of Labor, and the Ohio Department of Industrial Relations as prevailing rates. 17. The Union and the Employer will cooperate in the es- tablishment of a safety program. TRAINING: The Safety Training Passport 16-Hour Program will be made available to all Union members by the Union at no cost to the Employer. The program will consist of: HAZMAT PROJECTS: All toxic/hazardous projects will be subject to any and all safety regulations and insurance provisions that may be required by the appropriate governmental agencies. When dangerous atmospheres are present so that an Operator is required to don a special protective suit and/or a self-contained breathing apparatus at a private, state, federal or other desig- nated toxic/hazardous waste site, the Employer will notify the Union District Office. Reasonable dress-up time and clean-up time will be allowed. The first qualified bargaining unit employee on the job will be designated the ▇▇▇▇▇▇▇-safety man, who shall have access to company monitoring records and be kept informed of amounts of contaminants on the job site. A sheltered “safe zone” area shall be provided. There shall be wash-up facilities on all toxic/hazardous waste sites.

Provisions and Limitations. 3. All members of the Labor Relations Division of the Ohio Contractors Association, and any person, firm or corporation corpo- ration who as an Employer becomes signatory to this AgreementAgree- ment, shall be bound by all terms and conditions of this Agreement Agree- ment as well as any future amendments which may be negotiated by the Labor Relations Division of the Ohio Contractors Con- tractors Association and the Union, and furthermore, shall be bound to make Health and Welfare payments, Pension paymentspay- ments, Apprenticeship Fund and Safety and Educational Fund payments required under Article V for all work performed within the work jurisdiction outlined in Article I of this Agreement, or any other payment established by the appropriate Agreement. 4. The Employer will employ Operating Engineers for the erection, operation, assembly and disassembly, and maintenance mainte- ▇▇▇▇▇ and repair of the following construction equipment, regardless of motive power: Air Compressors, Backfillers, Batch Plants, Boilers, Cableways, Connection Machines, Derricks, Finishing Machines, Truck-Crawler and Locomotive Cranes, Concrete Mixing Plants, Shovels, Hoes, Keystone Graders, Paving Mixers, Piledriving Machines, Tractors, Le Tourneau and other types of Scoops, End Loaders and all like equipment within the jurisdiction assigned to the Union by the American Federation of Labor. 5. Providing the employment is in accordance with the terms of the Agreement, the Union shall at all times, when requested by the Employer, use its best efforts to furnish the Employer with competent employees to operate, maintain and repair equip- mentequipment. 6. Upon the request of either party a Pre-Job Conference will be held at least five (5) days prior to commencing work and the Union may request and receive the Pre-Job Conference with the Employer on an individual basis. In case of an emergency emer- gency start of a construction job, the Pre-Job Conference will be held as soon as possible after the commencing of work. When an Employer is awarded a contract of $500,000 or more, the Em- ployer Employer will notify the Union at the time it is awarded such job. Following are the items which will be discussed at the Pre-Job Conference: A. The Employer will advise the Union Representative of the Employer’s requirements of necessary employees in the classifications of work under this Agreement and the Union will determine and advise the Employer of the ability of the Union to fulfill such requirements when requested. B. Work schedules. C. Questions of jurisdiction and assignment of work. D. The Employer agrees that wherever possible at such Pre-Job Conference, they will notify the Union having jurisdiction jurisdic- tion over the project of any subcontracts let by the Employer, the names of the subcontractors and the nature of the work to be performed by the subcontractors. The Union may request a subcontractor to meet with the Union, and the subcontractor will meet with the Union prior to commencing work on a project if the subcontractor did not attend the original Pre-Job Conference Confer- ence for the project. E. Before the start of any project containing known hazard- ous haz- ardous waste materials, there will be a Pre-Job Conference held. The Employer must notify the Union five (5) days prior to starting work on the project. Failure to do so, the Union has the right to withhold its service until such time a Pre-Job Conference Confer- ence is held. It is understood and agreed that no agreement may be made at the Pre-Job Conference which will effect change, modify or abrogate the Labor Agreement in effect between the two parties hereto. 7. The Employer recognizes and acknowledges that Local 18 and its Branches of the International Union of Operating Engineers is the sole representative of all employees in the classifications of all work under their jurisdiction covered by this Agreement for the purposes of collective bargaining. 8. Subject to the provisions and limitations of the National Labor Relations Act, as amended, all present employees who are members of the Local Union above stated on the effective date of this sub-section shall remain members of the Local Union in good standing as a condition of employment. 9. All present employees who are not members of the Local Lo- cal Union and all employees who are hired hereafter shall become be- come and remain members in good standing of any one of said Locals as a condition of employment on and after the eighth (8th) day following the effective date of this sub-section, or following the beginning of their employment, whichever is later. 10. The Employer is to be the sole judge as to the satisfac- tory satis- factory performance of work by an employee and may discharge dis- charge any employee whose work is unsatisfactory, or who fails to observe the safety precautions or other rules and regulations prescribed by the Employer for the health, safety and protection of its em- ployeesemployees. However, no employee shall be discharged for defend- ing defending the rights of any employee under the terms of this Agreement. Any grievance arising through application of this clause shall be adjusted in accordance with the procedures outlined in Article XV, Paragraphs 107 through 109. Intoxication and/or assault commit- ▇▇▇ on the job site shall be cause for immediate discharge.through 11. The Union shall place no limitation upon the amount of work which an employee shall perform during the working day and there shall be no restriction imposed against the use of any type of machinery, tools, or labor-saving devices. 12. The Employer may shift during a work day an Operating Oper- ating Engineer from one piece of hourly and day rate of pay equipment to another hourly or day rate of pay piece of equipmentequip- ment, without limitation from same job site providing the shifting does not inter- fere interfere with another Operating Engineer’s work day. This condition also pertains to weekly pay equipment. However, there shall not be any intermixing with weekly pay equipment to hourly or day rate of pay equipment. The Operating Engineer will be paid the higher rate for that day in all cases. 13. If the Employer assigns any piece of equipment to someone other than the Operating Engineer, the Employer’s penalty shall be to pay the first qualified registered applicant the applicable wages and fringe benefits from the first day of violation. 14. The authorized representative of the Union shall have access to the job during working hours for the purpose of visiting visit- ing individual members, adjusting grievances or disputes, and other such duties as may have to be performed, provided the activities do not interfere with the progress of the job. 15. The Union may, when it believes it necessary, appoint a ▇▇▇▇▇▇▇ on each shift on a project and a Union Representative Representa- tive will, when making such an appointment, notify the Employer.. On a large project the Union and the Employer may mutu- 16. The Union and the Employer agree to make every effort to establish the wage rates in this Agreement as the prevailing wage rates for Highway Heavy construction for all public works contracts in the State of Ohio for the area designated desig- nated herein, and both parties will present this Agreement to the ▇▇▇▇▇-▇▇▇▇▇ Sec- tionSection, United States Department of Labor, and the Ohio Department of Industrial Relations as prevailing prevail- ing rates. 17. The Union and the Employer will cooperate in the es- tablishment establishment of a safety program. TRAINING: The Safety Training Passport 16-Hour Program will be made available to all Union members by the Union at no cost to the Employer. The program will consist of: HAZMAT PROJECTS: All toxic/hazardous projects will be subject to any and all safety regulations and insurance provisions that may be required by the appropriate governmental agencies. When dangerous atmospheres are present so that an Operator is required to don a special protective suit and/or a self-contained breathing apparatus at a private, state, federal or other desig- nated toxic/hazardous waste site, the Employer will notify the Union District Office. Reasonable dress-up time and clean-up time will be allowed. The first qualified bargaining unit employee on the job will be designated the ▇▇▇▇▇▇▇-safety man, who shall have access to company monitoring records and be kept informed of amounts of contaminants on the job site. A sheltered “safe zone” area shall be provided. There shall be wash-up facilities on all toxic/hazardous waste sites.: