UNION RECOGNITION AND SECURITY 3.1 The Employer recognizes the Union as the sole bargaining authority for all employees covered by this Agreement and coming within the jurisdiction of the Union. The Union recognizes that the Association is the sole bargaining authority for all subcontractors of the Employer covered by this Agreement and coming within the jurisdiction of the Union. 3.2 The Employer shall be the judge as to the competency of any employee, and shall have the right to discharge men for just cause. The Employer, if requested by the Union, shall provide a termination slip which shall state the reason for discharge or lay-off occurring prior to job completion and whether the employee is eligible for rehire. 3.3 All employees covered by this Agreement, as a condition of continued employment, shall, commencing on the eighth (8th) day following the beginning of such employment, or the effective date of this Agreement, whichever is later, acquire and maintain membership in the Union during the term of their employment. 3.4 Subject to the provisions of Art. 3.2 and Art. 5.8 hereof, the appointment of Journeymen to the capacities of Pipe, Welding, or Tie-in Foremen who shall be members of the Union, is the responsibility of the Employer. Such appointment shall not be interfered with by the Union. 3.5 The Employer recognizes the right of the Union to enforce its Constitution in that the Employer undertakes to provide all welding equipment and shall not employ any employee who provides any vehicle or equipment. No rental equipment shall be utilized to circumvent the intent of this provision. 3.6 The Employer shall require of his employees, as a condition of employment, that an automatic deduction be made from the employee's pay of a sum equal to the regular monthly Union dues. 3.7 As a condition of hiring and continuing employment each employee shall sign the proper authorization form which authorizes the Employer to deduct working dues, initiation fees, and assessments from the employee's pay. The Union will notify the Association in writing as to the amount of fees, dues and assessments to be deducted from the wages of employees from time to time. 3.8 All dues, fees and assessments so deducted shall be remitted to the Local Union not later than the twentieth (20th) of the month following, together with a list showing the amount deducted for each employee. 3.9 The Local Union's Business Manager shall, at the start of a job (i.e. rigging up for pipe operations) select one of its Journeymen members who shall be placed on the Employer's payroll and recognized as the Job ▇▇▇▇▇▇▇; such appointment to be confirmed by letter to the Employer. If the ▇▇▇▇▇▇▇ selected by the Business Manager is objected to by the Employer for valid reason, the Business Manager shall select another Journeyman as ▇▇▇▇▇▇▇ to whom the Employer has no reasonable objection. 3.10 The Job ▇▇▇▇▇▇▇ shall perform his duties the same as any other Journeyman and shall not be discharged for Union activities. The Job ▇▇▇▇▇▇▇ shall be allowed a reasonable amount of time during the working hours to perform the work of the Union but shall not abuse the privilege. On Mainline Pipeline jobs the Job ▇▇▇▇▇▇▇ shall be the last Journeyman in his classification remaining on the job provided he is competent to perform the work to be completed. Where a main pipe gang and a poor boy pipe gang are used, an Assistant ▇▇▇▇▇▇▇ may be selected, where warranted, as agreed upon between the Employer and the Union at the Pre-job Conference or by subsequent arrangement. The Assistant ▇▇▇▇▇▇▇ shall report all matters of concern to the Job ▇▇▇▇▇▇▇ who will deal with any problem or grievance with the representative of the Employer. Where, on a loop line construction job, crews are working out of separate warehouses or marshalling points, the Union shall have the right to appoint an Assistant ▇▇▇▇▇▇▇ for and during the continuation of operations out of each separate warehouse or marshalling point. There shall be no non-working Job ▇▇▇▇▇▇▇ or Assistant Stewards. The Job ▇▇▇▇▇▇▇ shall be notified of any disciplinary warning given to any employee. 3.11 The Business representative of the Local Union shall have access to any job at any time, providing notice is given to the available Employer's representative on the jobsite. 3.12 In the event of an illegal work stoppage by employees covered by the terms and conditions of this Agreement, those employees not performing work during the work stoppage shall not receive any compensation whatsoever for days not worked. 3.13 It is recognized that traditionally all work combined with, associated with or comprising an integral part of pipeline construction as defined in Article 1 hereof, comes solely within the trade jurisdiction of four International Unions, commonly referred to as the "pipeline craft unions" and their Local Unions which are affiliated with Building and Construction Trades Councils, AFL-CIO. The recognition of this historical precedent is hereby re-affirmed. 3.14 The Employer agrees that, notwithstanding the provisions in any of the other three pipeline crafts’ agreements, appendices or understandings, the assignment of any work shall be made in accordance with local area practice and Provincial Labour Board decisions.
Union Recognition and Rights 6 2.1 Bargaining Unit Defined 6 2.2 Bargaining Agent Recognition 7
UNION RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all employees for whom the Union has been certified.
Mediation and jurisdiction The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
Arbitration and Jurisdiction (a) Any dispute, controversy or claim arising out of or relating to (1) this Agreement, (2) the breach, termination or invalidity hereof or (3) any non-contractual obligations arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration ▇▇▇ ▇▇▇▇ or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the courts of England. The arbitral tribunal shall not be authorised to grant, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures or pre-award relief against EBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of EBRD as to any amount due to EBRD under any Financing Agreement shall be prima facie evidence of such amount. (b) Notwithstanding Section 8.09(a), this Agreement and the other Financing Agreements, and any rights of EBRD arising out of or relating to this Agreement or any other Financing Agreement, may, at the option of EBRD, be enforced by EBRD in the courts of England and Wales or in any other courts having jurisdiction. For the benefit of EBRD, the Borrower hereby irrevocably submits to the non-exclusive jurisdiction of the courts of England with respect to any dispute, controversy or claim arising out of or relating to this Agreement or any other Financing Agreement, or the breach, termination or invalidity hereof or thereof. The Borrower hereby irrevocably designates, appoints and empowers Trident Company Services (UK) Limited at its registered office (being, on the date hereof, at ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇) to act as its authorised agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of any Financing Agreement. Failure by a process agent to notify the Borrower of the process will not invalidate the proceedings concerned. The Borrower hereby irrevocably consents to the service of process or any other legal summons out of such courts by mailing copies thereof by registered airmail postage prepaid to its address specified herein. The Borrower covenants and agrees that, so long as it has any obligations under this Agreement, it shall maintain a duly appointed agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of any Financing Agreement and shall keep EBRD advised of the identity and location of such agent. Nothing herein shall affect the right of EBRD to commence legal actions or proceedings against the Borrower in any manner authorised by the laws of any relevant jurisdiction. The commencement by EBRD of legal actions or proceedings in one or more jurisdictions shall not preclude EBRD from commencing legal actions or proceedings in any other jurisdiction, whether concurrently or not. The Borrower irrevocably waives any objection it may now or hereafter have on any grounds whatsoever to the laying of venue of any legal action or proceeding and any claim it may now or hereafter have that any such legal action or proceeding has been brought in an inconvenient forum.