Common use of SUBCONTRACTING OF WORK Clause in Contracts

SUBCONTRACTING OF WORK. 14.01 The Employer agrees not to contract or subcontract any work covered by this Collective Agreement to contractors or subcontractors other than those who are in contractual relations with the Union. 14.02 Where an Employer bound by the terms and conditions of this Agreement subcontracts out work in accordance with the terms of this Agreement, the subcontractor shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly paid employees. In the event that such subcontractor does not make such payments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement for the employees of the subcontractor covered by this Agreement. Such deductions and remittances shall include regular monthly Union Dues and Working Dues as outlined by the Union, Welfare Plan, Pension Plan, Health Safety and Training and Prepaid Legal. Such contributions shall be paid on a regular monthly basis by the 15th of the month following the month such remittances, deductions or contributions were due. The Remittance Report shall include the names and Social Insurance Numbers of hourly employees. The Union agrees where a dispute arises between an Employer covered by this Agreement and a subcontractor to which work has been subcontracted in accordance with the terms of this Agreement as to whether or not the remittance, as required by this Article 14.02 have been paid to the Union, the Union will provide the necessary information to the Employer and the subcontractor to allow for a determination as to whether or not the obligations under this Article 14.02 have been met by the subcontractor. 14.03 It is agreed that no work will be performed on Saturday unless the work performed during the week preceding the Saturday was less than thirty-four (34) hours due to inclement weather, It is further understood that any employee shall have the right to refuse work on Saturday and that the Employer will not resort to any action against said employee that may be perceived as discriminatory, punitive or prejudicial because of said employee’s refusal to work. The Union further agrees that where it enters into Collective Agreements covering the work covered by this Collective Agreement it shall include in those Collective Agreements a clause containing the same provisions as those contained in this Article 14.03.

SUBCONTRACTING OF WORK. 14.01 The Employer employer agrees not to contract or subcontract any work covered by this Collective Agreement or coming under the Union’s jurisdiction to contractors or subcontractors other than those who are in contractual relations with the Union. The Employer agrees that when it is required to contract or subcontract work to a contractor or a subcontractor which is in contractual relations with the Union, it must be contracted or subcontracted to contractors or subcontractors who are bound to and applying this (or identical Local 183 independent) Collective Agreement or the appropriate agreement set out in Schedule “C” which ever is applicable to the specific work involved. 14.02 Where an Employer The employer bound by the terms and conditions of this Agreement subcontracts out work in accordance with the terms of this Agreement, the subcontractor shall be responsible for payment of for all remittances to the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly hourly-paid employees. In , its pieceworkers and their employees, its contractors, sub-contractors and the event that such subcontractor does not make such payments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement for the employees of the subcontractor covered by this Agreementsub-contractors’ employees, and any sub-contractors’ pieceworkers and their employees. Such deductions and remittances shall include regular monthly Union Dues and Working Dues as outlined by the Union, Health and Welfare Plan, Pension Plan, Health Safety Training Plan and Training and Prepaid LegalIndustry Fund contributions. Such contributions contributions, as outlined above, both flat hourly rate and percentages, shall be paid on a regular monthly basis by the 15th fifteenth (15th) of the month following the month such remittances, deductions or contributions were due. The Remittance Report shall include the names and Social Insurance Numbers of the hourly employees, pieceworkers and their employees, contractors and sub-contractors and their hourly employees, sub-contractors’ pieceworkers and their employees. The Union agrees where a dispute arises between an Employer covered by employer, contractor and sub-contractors are jointly and severally liable for all remittances, deductions and contributions as outlined under this Agreement and a subcontractor to which work has Agreement. 14.03 The employer shall advise all sub-contractors, in writing, confirming all remittances have been subcontracted paid in accordance with the terms and conditions of the Collective Agreement with the Union on a monthly basis. 14.04 The Union agrees that the employer may continue the practice in effect immediately prior to commencement of this Agreement of utilizing pieceworkers to perform bargaining unit work, so long as the person concerned agrees, in which event the employer shall comply with all the terms and conditions of this Agreement, including Schedule “B”, save and except where specifically excepted, and provided that all pieceworkers so utilized are bound to whether or not the remittance, as required by this Article 14.02 have been paid to a Pieceworker Participation Agreement with the Union, the Union will provide the necessary information to the Employer and the subcontractor to allow for a determination as to whether or not the obligations under this Article 14.02 have been met by the subcontractor. 14.03 It 14.05 The employer agrees to establish a policy of not permitting its employees, pieceworkers, contractors and subcontractors from working on Sunday, save and except in case of emergency. Said policy is agreed that no work will be performed on Saturday unless effective thirty (30) working days from the work performed during the week preceding the Saturday was less than thirty-four (34) hours due to inclement weather, It is further understood that any employee shall have the right to refuse work on Saturday and that the Employer will not resort to any action against said employee that may be perceived as discriminatory, punitive or prejudicial because signing of said employee’s refusal to work. The Union further agrees that where it enters into a new Collective Agreements covering the work covered by this Collective Agreement it shall include in those Collective Agreements a clause containing the same provisions as those contained in this Article 14.03Agreement.

SUBCONTRACTING OF WORK. 14.01 The Employer agrees not to contract or subcontract any work covered by this Collective Agreement or coming under the Union's jurisdiction to contractors or subcontractors other than those who are in contractual relations with the Union. 14.02 Where an . The Employer bound by the terms and conditions of this Agreement subcontracts out work in accordance with the terms of this Agreement, the subcontractor shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly paid employees. In , its pieceworkers and their helpers, its contractors', and the event that such subcontractor does not make such payments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement for the employees of the subcontractor covered by this Agreementemployees, and any pieceworkers and their helpers. Such deductions and remittances shall include regular monthly Union Dues and Working Dues as outlined by the Union, Health and Welfare Plan, Pension Plan, Health Safety Training Plan and Training and Prepaid LegalIndustry Fund contributions. Such contributions contributions, as outlined above, both flat hourly rate and percentages, shall be paid on a regular monthly basis by the 15th fifteenth (15th) of the month following the month such remittances, deductions or contributions were due. The Remittance Report shall include the names and Social Insurance Numbers of the hourly employees, pieceworkers and their helpers, contractors and subcontractors and their hourly employees, subcontractors' pieceworkers and their helpers. The Employer, contractor and subcontractors are jointly and severally liable for all remittances, deductions and contributions as outlined under this Agreement, The Employer shall advise all subcontractors, writing, confirming all remittances have been paid accordance with the terms and conditions of the Collective Agreement with the Union on a monthly basis. The Union agrees where a dispute arises between an that the Employer covered by this Agreement and a subcontractor may continue the practice effect immediately prior to which work has been subcontracted in accordance with the terms of this Agreement of pieceworkers to perform bargaining unit work, so long as to whether or not the remittanceperson concerned agrees, as required by this Article 14.02 have been paid to the Union, the Union will provide the necessary information to in which event the Employer shall comply with all the terms and the subcontractor to allow for a determination as to whether or not the obligations under conditions of this Article 14.02 have been met by the subcontractor. 14.03 It is agreed that no work will be performed on Saturday unless the work performed during the week preceding the Saturday was less than thirty-four (34) hours due to inclement weatherAgreement, It is further understood that any employee shall have the right to refuse work on Saturday including Schedule save and that the Employer will not resort to any action against said employee that may be perceived as discriminatory, punitive or prejudicial because of said employee’s refusal to workexcept where specifically excepted. The Union further Employer agrees that where it enters into to establish a policy of not permitting employees, pieceworkers, contractors and subcontractors of working on Sundays, save and except in case of emergency. Said policy effective thirty (30) working days from the signing of a new Collective Agreements covering the work covered by this Collective Agreement it shall include in those Collective Agreements a clause containing the same provisions as those contained in this Article 14.03Agreement.

SUBCONTRACTING OF WORK. 14.01 The Employer agrees not to contract or subcontract any work covered by this Collective Agreement to contractors or subcontractors other than those who are in contractual relations with the Union. 14.02 . Where an Employer needs to subcontract work he shall notify the Union in advance advising the Union of the name of the Company, its address and the site location for the work being subcontracted. In any event, where an employer subcontracts on a regular and ongoing basis, he shall provide the foregoing information to the Union by the first day of the month next following the month in which the subcontract was let. Failure to do so will constitute a violation of this agreement and be subject to an administrative penalty of five hundred dollars ($500.00). Where an Employer bound by the terms and conditions of this Agreement subcontracts out work in accordance with the terms of this Agreement, the subcontractor shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly paid employees. In the event that such subcontractor does not make such payments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement for the employees of the subcontractor covered by this Agreement. Such deductions and remittances shall include regular monthly Union Dues and Working Dues as outlined by the Union, Welfare Plan, Pension Plan, Health Safety and Training and Prepaid Legal. , Such contributions shall be paid on a regular monthly basis by the 15th of the month following the month such remittances, deductions or contributions were due. The Remittance Report shall include the names and Social Insurance Numbers of hourly employees. Page The Union agrees where a dispute arises between an Employer covered by this Agreement and a subcontractor to which work has been subcontracted in accordance with the terms of this Agreement as to whether or not the remittance, as required by this Article 14.02 have been paid to the Union, the Union will provide the necessary information to the Employer and the subcontractor to allow for a determination as to whether or not the obligations under this Article 14.02 have been met by the subcontractor. 14.03 . It is agreed that no work will be performed on Saturday unless the work performed during the week preceding the Saturday was less than thirty-four (34) hours due to inclement weather, . It is further understood that any employee shall have the right to refuse work on Saturday and that the Employer will not resort to any action against said employee that may be perceived as discriminatory, punitive or prejudicial because of said employee’s refusal to work. The Union further agrees that where it enters into Collective Agreements covering the work covered by this Collective Agreement it shall include in those Collective Agreements a clause containing the same provisions as those contained in this Article 14.03No Employer which has received a sub-contract to perform work covered by this agreement, shall in turn sub-contract any or all of said work to another employer regardless of whether that employer is in contractual relations with the Union. Should an employer violate Article it will be liable for a penalty of two hundred dollars ($200.00) per day for every crew of up to five members.

SUBCONTRACTING OF WORK. 14.01 The Employer agrees not to contract or subcontract any work covered by this Collective Agreement to contractors or subcontractors other than those who are bound by and party to this (or the similar independent) Collective Agreement or the appropriate Collective Agreement listed in contractual relations with Article 25, depending on the Unionnature of the work involved. Where an Employer needs to subcontract work he shall notify the Union in advance advising the Union of the name of the Company, its address and the site location for the work being subcontracted. In any event, where an Employer subcontracts work he shall provide the foregoing information to the Union by the first day of the month next following the month in which the subcontract was let. Failure to do so will constitute a violation of this Agreement and be subject to an administrative penalty of five hundred dollars ($500.00). 14.02 Where an Employer bound by the terms and conditions of this Agreement subcontracts out work in accordance with the terms of this Agreement, the subcontractor shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly paid employees. In the event that such subcontractor does not make such payments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds and/or Industry Funds as outlined in this Agreement for the employees of the subcontractor covered by this Agreement. Such deductions and remittances shall include regular monthly Union Dues and Working Dues as outlined by the Union, Welfare Plan, Pension Plan, Health Safety Apprenticeship and Training Prepaid Legal and Prepaid LegalIndustry Funds. Such contributions shall be paid on a regular monthly basis by the 15th fifteenth (15th) of the month following the month such remittances, deductions or contributions were are due. The Remittance Report shall include the names and Social Insurance Numbers of hourly employees. The Union agrees where a dispute arises between an Employer covered by this Agreement and a subcontractor to which work has been subcontracted in accordance with the terms of this Agreement as to whether or not the remittance, as required by this Article 14.02 have been paid to the Union, the Union will provide the necessary information to the Employer and the subcontractor to allow for a determination as to whether or not the obligations under this Article 14.02 have been met by the subcontractor. 14.03 It No Employer which has received a subcontract to perform work covered by this Agreement shall in turn subcontract any or all of said work to another Employer regardless of whether that Employer is agreed that no work in contractual relations with the Union. 14.04 Should an Employer violate Article 14.03 it will be performed on Saturday unless liable for a penalty of five hundred dollars ($500.00) per day for every crew. 14.05 In the work performed during high-rise and low-rise residential sectors of the week preceding the Saturday was less than thirty-four (34) hours due to inclement weatherconstruction industry, It is further understood that any employee shall have the right to refuse work on Saturday and that the Employer will not resort contract and/or subcontract with any builder, owner, developer, construction manager and any other individuals, companies, partnerships or legal entities to any action against said employee that may be perceived as discriminatoryperform work which has traditionally been performed by the direct employees of the builder, punitive or prejudicial because owner and/or developers, without the prior written consent of said employee’s refusal to workthe Union. The Union further agrees that where it enters into Collective Agreements covering the contracting and/or subcontracting of such work covered by this Collective Agreement it shall include in those Collective Agreements a clause containing the same provisions as those contained set out in this Article 14.03.Article

SUBCONTRACTING OF WORK. 14.01 17.01 The Employer Company agrees not to contract or subcontract any work covered by this Collective Agreement to contractors or pieceworkers/subcontractors other than those who are bound to and applying this Collective Agreement and/or the appropriate collective agreement listed in contractual relations Schedule “A” which is applicable to the work in question. The Company may engage pieceworkers/subcontractors provided that the pieceworker/subcontractor is signatory to a Pieceworker Participation Agreement with the Union. 14.02 Where an Employer bound by the terms and conditions of this Agreement subcontracts out work in accordance with the terms of this Agreement, the subcontractor shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly paid employees. In the event 17.02 The Company agrees that such subcontractor does not make such payments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement for the employees of the subcontractor covered by this Agreement. Such deductions and remittances shall include regular monthly Union Dues and Working Dues as outlined by the Union, Welfare Plan, Pension Plan, Health Safety and Training and Prepaid Legal. Such contributions shall be paid on a regular monthly basis by the 15th of the month following the month such remittances, deductions or contributions were due. The Remittance Report shall include the names and Social Insurance Numbers of hourly employees. The Union agrees where a dispute arises between an Employer covered by this Agreement and a subcontractor to which work has been subcontracted in accordance with the terms of this Agreement as to whether or not the remittance, as required by this Article 14.02 have been paid to the Union, the Union will provide the necessary information to the Employer and the subcontractor to allow for a determination as to whether or not the obligations under this Article 14.02 have been met by the subcontractor. 14.03 It is agreed that no work will be performed on Saturday unless the work performed during the week preceding the Saturday was less than thirty-four (34) hours due to inclement weather, It is further understood that any employee shall have the right to refuse work on Saturday and that the Employer it will not resort to any action against said employee that may be perceived as discriminatory, punitive or prejudicial because of said employee’s refusal to work. The Union further agrees that where it enters into Collective Agreements covering the knowingly subcontract work covered by this Collective Agreement it shall include to a contractor, subcontractor and/or pieceworker who in those Collective Agreements a clause containing turn subcontracts the same provisions work, or a portion of that work, to another contractor, subcontractor and/or pieceworker. Upon being notified by the Union that contractor, subcontractor and/or pieceworker is subcontracting or has subcontracted work to another contractor or subcontractor and/or pieceworker, the Company shall not permit the contractor, subcontractor and/or pieceworker to start any new work until such time as those contained the Union advises the Company in this writing that the matter has been resolved. 17.03 The Company agrees that all persons performing work on a production piecework basis, shall be required to invoice for work performed, only on a Union invoice, which must include the pieceworkers/subcontractor’s company name, and union membership numbers and/or Social Insurance Number of each of the people working for the pieceworker/subcontractor and the projects and lots on which work has been performed. The pieceworker/subcontractor must submit their invoice on Monday (or where Monday is not a working day, Tuesday) for work performed in the week prior. Payment of the invoice shall be by direct deposit or by cheque presented to the pieceworker/subcontractor by no later than midnight Thursday, after the receipt of the invoice. The payment to the pieceworker shall be accompanied by a copy of the applicable invoice, and any material supply sheet as provided for in Article 14.0317.04. It is agreed that Companies which have a practice of paying bi-weekly or twice-monthly may continue to do so. 17.04 If the pieceworker/subcontractor has purchased any material from the Company the Company may deduct the amount owing for such material from the invoice submitted by the pieceworker/subcontractor for the relevant period. If any such deduction is made, the Company will indicate the amount of that deduction noting that it is for purchased material, and shall provide a copy of the material supply sheet to the pieceworker/subcontractor together with the payment of the invoice. It is agreed that benefit and remittances contributions will be made prior to and without regard to any deduction for material. 17.05 The Company and the Union agree that the Company has met its obligations for wages and remittances in respect of production pieceworkers/subcontractors and their helpers/learners, by payment of the dues, benefits or other remittances to the Union, based solely on the information supplied by the pieceworker/subcontractor on the agreed to invoice, subject to verification by the Company. The Company acknowledges that the Union has the right to refuse to issue a clearance slip to any pieceworker/subcontractor who falsifies an invoice with respect to the number or identity of any individuals performing work. The Union specifically acknowledges that any recovery of monies owed to the Union as a result of a falsification by a pieceworker/subcontractor of his invoice shall be recovered directly from the pieceworker/subcontractor by the Union, provided that the Company has not knowingly participated in any falsification.

SUBCONTRACTING OF WORK. 14.01 The Employer employer agrees not to contract or subcontract any work covered by this Collective Agreement or coming under the Union’s jurisdiction to contractors or subcontractors other than those who are in contractual relations with the Union. 14.02 Where an Employer . The employer bound by the terms and conditions of this Agreement subcontracts out work in accordance with the terms of this Agreement, the subcontractor shall be responsible for payment of for all remittances to remittancesto the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly hourly-paid employees. In , its pieceworkers and their employees, its contractors, sub-contractors and the event that such subcontractor does not make such payments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement for the employees of the subcontractor covered by this Agreementsub-contractors’ employees, and any pieceworkers and their employees. Such deductions and remittances shall include regular monthly Union Dues and Working Dues as outlined by the Union, Health and Welfare Plan, Pension Plan, Health Safety Training Plan and Training Industry Fund Such contributions, as outlined above, both flat hourly rate and Prepaid Legal. Such contributions percentages,shall be paid on a regular monthly regularmonthly basis by the 15th fifteenth of the month following the month such remittances, deductions or contributions were due. The Remittance Report shall include the names and Social Insurance Numbers of the hourlyemployees, pieceworkersandtheir employees,contractorsand and their hourly employees, sub-contractors’ pieceworkers and their employees. The employer, contractor and sub-contractors are jointly and severally liable for all remittances, deductions and contributions as outlined under this Agreement. The employer shall advise all sub-contractors, in writing, confirming all remittances have been paid in accordancewith the terms and conditions of the Collective Agreement with the Union on a monthly basis. The Union agrees where a dispute arises between an Employer covered by this Agreement and a subcontractor to which work has been subcontracted that the employer may continue the practice in accordance with the terms effect immediatelypriorto commencement of this Agreement of utilizingpieceworkers to perform bargainingunitwork, so long as the personconcernedagrees, in which event the employer shall comply with all the terms and conditions of this Agreement, including Schedule save and except where specificallyexcepted, and providedthat all pieceworkers so utilized are bound to whether or not the remittance, as required by this Article 14.02 have been paid to a Pieceworker ParticipationAgreement with the Union, the Union will provide the necessary information to the Employer and the subcontractor to allow for a determination as to whether or not the obligations under this Article 14.02 have been met by the subcontractor. 14.03 It is agreed that no work will be performed on Saturday unless the work performed during the week preceding the Saturday was less than thirty-four (34) hours due to inclement weather, It is further understood that any employee shall have the right to refuse work on Saturday and that the Employer will not resort to any action against said employee that may be perceived as discriminatory, punitive or prejudicial because of said employee’s refusal to work. The Union further employer agrees that where it enters into to establish a policy of not permitting its employees, pieceworkers, contractors and subcontractorsfrom working on Sunday, save and except in case of emergency. Said policy is effective thirty (30)working days from the signing of a new Collective Agreements covering the work covered by this Collective Agreement it shall include in those Collective Agreements a clause containing the same provisions as those contained in this Article 14.03Agreement.