Common use of SCOPE AND PURPOSE OF THIS AGREEMENT Clause in Contracts

SCOPE AND PURPOSE OF THIS AGREEMENT. SECTION 2.01: This Agreement shall apply to any addition or extension to existing outside electrical facilities to be performed by the Employer for all Electric Utilities in Union’s jurisdiction, including line extension, transmission line construction, conversion or maintenance. Powerhouse and Powerhouse Substations are excluded from the terms of this Agreement. SECTION 2.02: The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in the Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and the Union shall immediately notify the Employer of any such concession. SECTION 2.03: Any provision in the Agreement which is in contravention of any national, state, or local law or governmental regulation affecting all or part of the area where work is being performed under the terms of this Agreement shall be suspended in operation within the territorial limits to which such law or regulation is applicable for the period during which such laws or regulation is in effect. Such suspension shall not affect the operation of such provisions in areas where work is being performed under the terms of the agreement to which the law or regulation is not applicable, nor shall it affect the operation of such provisions in areas where work is being performed under the terms of the Agreement to which the law or regulation is not applicable, nor shall it affect the operation of the remainder of the provisions of the Agreement within the territorial limits to which such law or regulation is applicable. SECTION 2.04: For all workmen covered by this Agreement, the Employer shall carry workmen’s compensation insurance, Social Security. Unemployment and other such protection insurance as may be required by the laws of the respective States, and shall furnish satisfactory proof of such to the Union upon request. SECTION 2.05: Both the Employer and the Union recognizes the mutual value of aiding by all proper and reasonable mean the productivity of the individual employee and both will undertake individually and jointly to maintain a satisfactory level of production on the job. SECTION 2.06: The Local Union is a part of the International Brotherhood of Electrical Workers and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other than violation of Paragraph 2 of this Section, will be sufficient cause for the cancellation of this Agreement by the Local Union, after finding has been made by the International President of the Union that such a violation or annulment has occurred. SECTION 2.07: The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in the planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union’s geographical jurisdiction, in determining the need and number as well as the person who will act as foremen, in requiring all employees to observe the Employer’s and/or owner’s rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause. SECTION 2.08: An employer signatory to a collective bargaining agreement or to a letter of assent to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four (4) bargaining unit employees employed in that Local Union’s jurisdiction into this Local’s jurisdiction and up to two (2) bargaining unit employees per job from that Local’s jurisdiction to this Local’s jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of the agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive Director, is subject to review, modification, or rescission by the Council on Industrial Relations.