Common use of WORK PRESERVATION Clause in Contracts

WORK PRESERVATION. (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity including a joint-venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (b) As a remedy for violations of this Section, the Labor Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. (c) If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce and award rendered in accordance with subsection (b) above or to defend an action which seeks to vacate such award, the Employer shall pay any accountants' and attorneys' fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.

WORK PRESERVATION. (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: : b) If and when the Employer shall perform any on- on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, companyCompany, partnership, or any other business entity including a joint-venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (bc) As a remedy for violations of this Section, the Labor Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. (cd) If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees trustees of the joint trust funds to institute court action to enforce and an award rendered in accordance with subsection (b) above above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants' and attorneys' fees incurred by the Union and/or Fund Trusteesfund trustees, plus cost of the litigation, which have resulted from the bringing of such court action.

WORK PRESERVATION. (a) i In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as or a corporation, company, partnership, or any other business entity including a joint-joint venture, wherein the Employer, employer through its officers, directors, partners, partners or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (b) . ii As a remedy for violations of this Section, the Labor Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. (c) . iii If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce and an award rendered in accordance with subsection (bii) above above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants' and attorneys' fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.

WORK PRESERVATION. (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity including a joint-joint venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (b) As a remedy for violations of this Section, the Labor Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement.wages (c) If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce and an award rendered in accordance with subsection (b) above above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants' and attorneys' fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.

WORK PRESERVATION. (a) In order to Section 1. To protect and preserve, for the employees covered by this Agreementagreement, all work heretofore they have performed and all work covered by themthis agreement, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- site performs onsite construction work of the type covered by this Agreementagreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity entity, including a joint-joint venture, wherein the Employer, through its officers, directors, partners, owners, or stockholders, exercises either directly or indirectlyindirectly (through family members or otherwise), management control management, control, or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. Section 2. All charges or violations of violation of Section 1 of this Section Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for agreement on the handling of grievances and the final and binding resolution of disputes. (b) . As a remedy for violations of this SectionArticle, the Labor Management CommitteeArbitrator shall be able, the Council on Industrial Relations for the Electrical Contracting Industry and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (pay 1) pay to affected employees covered by this Agreementagreement, including registered applicants for employment, the equivalent of wages those employees have lost by such employees as a result because of the violations; , and (2) pay into the affected joint trust funds established under Joint Trust Funds to which this Agreement agreement requires contributions any delinquent contributions to such funds which have that resulted from the violations. Provision The Arbitrator shall be able also to 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 arbitral, judicial, or governmental (for this remedy herein does not make such remedy example, the exclusive remedy available to the Union for violations of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this AgreementNational Labor Relations board) channels. (c) Section 3. If, as a result of violations of after an Employer has violated this SectionArticle, it is necessary for the Union and/or the Trustees of the joint trust funds one or more Joint Trust Funds to which this agreement requires contributions institute court legal action to enforce and an award rendered in accordance with subsection (b) above by an Arbitrator remedying such violation, or to defend an action which that seeks to vacate such award, the Employer shall pay any all accountants' and ’ and/or attorneys' ’ fees incurred by the Union and/or Fund Trusteesthe Joint Trust Funds, plus cost costs of litigation, that have resulted from such legal action if the Union and/or the Trustees of one or more Joint Trust Funds are the prevailing party. 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. If the Employer is the prevailing party in any legal action as referenced in this Section 3 instituted by the Union, the Trustees of one or more Joint Trust Funds or the Employer, the Union shall promptly pay to Employer all costs and fees associated with the litigation, which have resulted from the bringing including but not limited to court costs, accountant’s fees and attorney’s fees. Section 4. The Union shall provide to Employer a quarterly statement outlining all efforts related to Union’s plans of such court actionaction and accomplishments with preservation of work efforts as related to increased availability of a skilled union membership and with all efforts in helping Employer secure work within this CBA’s territory.

WORK PRESERVATION. (Preservation of Unit Work) (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- on-site construction work of the type covered by this Agreement, under its his own name or under the name of another, as a corporation, company, partnership, or any other business entity entity, including a joint-joint venture, wherein the Employer, through Employer (including its officers, directors, partnersowners, partners or stockholders, ) exercises either directly or indirectlyindirectly (such as through family members) any legally sufficient degree of ownership, management control or majority ownershipcontrol, the terms and conditions of this Agreement shall be applicable to all such work. . (b) All charges or of violations of paragraph (a) of this Section Section, shall be considered as a dispute under this Agreement and shall be processed in accordance with the provisions of this Agreement covering the procedure procedures for the handling of grievances and the final and binding resolution of disputes. (b) , as provided in Article VIII of this Agreement. As a remedy for violations of this Section, paragraph the Labor Management Committee, the Council on Industrial Relations arbitrator (or arbitration body) provided for the Electrical Contracting Industry and/or an independent arbitrator, as the case may be, are empowered, in their discretion and Article VIII is empowered at the request of the Union, to require an Employer employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; , and (2) pay into the affected joint trust funds Joint Trust Funds established under by this Agreement and any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations of this Section paragraph; nor does it make the same or other remedies unavailable to the Union for violation of this paragraph; nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles paragraphs of this Agreement. (c) If, as a result of violations of this Sectionparagraph, it is necessary for the Union and/or the Trustees of the joint trust funds Joint Trust Funds to institute court action to enforce and an award rendered in accordance with subsection paragraph (b) above above, or to defend an any action which seeks to vacate such award, the Employer employer shall pay any accountants' ’ and attorneys' ’ fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/ Lathing Master Agreement including Exterior Insulation Finish Systems (EIFS), precast concrete or panel systems, the installation, carrying, transportation, handling, stocking, and scrapping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of installation.

WORK PRESERVATION. (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by themthem and all work covered by this Agreement, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity entity, including a joint-joint venture, wherein the Employer, through or any of its officers, directors, partnersowners, partners or stockholders, exercises either directly or indirectly, management control or majority such as through family members, any significant degree of ownership, the terms management or control, that other business entity will be bound to this Agreement and conditions will pay its employees wages and fringes in an aggregate amount equal to that required under this Agreement. (b) All charges of violations of Section 1(a) of this Agreement shall be applicable to all such work. All charges or violations of this Section Article shall be considered as a dispute under this Agreement and shall be processed in accordance with the provisions of this Agreement covering the procedure procedures for the handling of grievances and the final and binding resolution of disputes. (b) , as provided for in this Agreement. As a remedy for violations of this SectionArticle, the Labor Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry and/or an independent arbitrator, as the case may be, are Joint Conference Board is empowered, in their discretion and at the request of the Union, to require an Employer to (1pay the Union the difference between the wages and fringe benefits actually paid by the other business entities as defined in Section 1(a) pay and the amount required to affected employees covered by be paid pursuant to Section 1(a) of this AgreementArticle, including registered applicants for employment, plus interest at the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violationsprime interest rate. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations of this Section 1(a) nor does it make the same or other remedies unavailable to the Union for violations of other Sections sections or other Articles articles of this Agreement. (c) If, as a result of violations of this SectionArticle, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce and an award rendered in accordance with subsection (b) above this Article, or to defend an any action which seeks to vacate such award, the Employer shall pay any accountants' ’ and attorneys' ’ fees incurred by the Union and/or Fund TrusteesUnion, plus cost costs of the litigation, which have resulted from the bringing of such court action. Section 2. None of the work covered by this Agreement which is to be performed at the site of construction, alteration, plastering or repair of any building, structure or other work shall be subcontracted, except to an Employer which is signatory to or otherwise party to this Agreement. Any Employer violating the requirement of this Section shall pay to the employees registered for employment on, and next entitled to dispatch from, the out-of-work list of the Local Union with jurisdiction over the jobsite, the wages, and other benefits to which they would have been entitled, and to the Trust Funds the contributions which would have been due to them, upon the hours which would have been worked by said employees but for the violation. (a) A subcontractor is defined as any person (other than an employee covered by this Agreement), firm, or corporation, who or which agrees orally or in writing to perform for or on behalf of an individual Employer any part of the work covered by this Agreement. Section 3. The fabrication or preparation of all materials, structures or component parts of structures involving work within the jurisdiction of the Union as defined in this Agreement, which has normally and traditionally been done at the jobsite by employees covered by this Agreement, shall continue to and must be performed by the employees covered by this Agreement. No employee may be discharged, laid off or otherwise disciplined for refusing to install any such materials, structures or component parts of structures which have been fabricated on or off the jobsite by employees receiving wages, hours, or other conditions of employment less favorable to employees than the wages, hours or other conditions of employment provided by this Agreement. Section 4. It is the intent of this Article to protect and preserve for the employees covered by this Agreement, all of the work which has normally and traditionally been performed by Plasterers

WORK PRESERVATION. (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by themthem and all work covered by this Agreement, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity entity, including a joint-joint venture, wherein the Employer, through or any of its officers, directors, partnersowners, partners or stockholders, exercises either directly or indirectly, management control or majority such as through family members, any significant degree of ownership, the terms management or control, that other business entity will be bound to this Agreement and conditions will pay its employees wages and fringes in an aggregate amount equal to that required under this Agreement. (b) All charges of violations of Section 1(a) of this Agreement shall be applicable to all such work. All charges or violations of this Section Article shall be considered as a dispute under this Agreement and shall be processed in accordance with the provisions of this Agreement covering the procedure procedures for the handling of grievances and the final and binding resolution of disputes. (b) , as provided for in this Agreement. As a remedy for violations of this SectionArticle, the Labor Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry and/or an independent arbitrator, as the case may be, are Joint Conference Board is empowered, in their discretion and at the request of the Union, to require an Employer to (1pay the Union the difference between the wages and fringe benefits actually paid by the other business entities as defined in Section 1(a) pay and the amount required to affected employees covered by be paid pursuant to Section 1(a) of this AgreementArticle, including registered applicants for employment, plus interest at the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violationsprime interest rate. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations of this Section 1(a) nor does it make the same or other remedies unavailable to the Union for violations of other Sections sections or other Articles articles of this Agreement. (c) If, as a result of violations of this SectionArticle, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce and an award rendered in accordance with subsection (b) above this Article, or to defend an any action which seeks to vacate such award, the Employer shall pay any accountants' accountants and attorneys' attorneys fees incurred by the Union and/or Fund TrusteesUnion, plus cost costs of the litigation, which have resulted from the bringing of such court action. Section 2. None of the work covered by this Agreement which is to be performed at the site of construction, alteration, plastering or repair of any building, structure or other work shall be subcontracted, except to an Employer which is signatory to or otherwise party to this Agreement. Any Employer violating the requirement of this section shall pay to the employees registered for employment on, and next entitled to dispatch from, the out-of-work list of the Local Area with jurisdiction over the jobsite, the wages and other benefits to which they would have been entitled, Section 3. The fabrication or preparation of all materials, structures or component parts of structures involving work within the jurisdiction of the Union as defined in this Agreement, which has normally and traditionally been done at the jobsite by employees covered by this Agreement shall continue to and must be performed by the employees covered by this Agreement. No employee may be discharged, laid off or otherwise disciplined for refusing to install any such materials, structures or component parts of structures which have been fabricated on or off the jobsite by employees receiving wages, hours or other conditions of employment less favorable to employees than the wages, hours or other conditions of employment provided by this Agreement. Section 4. It is the intent of this Article to protect and preserve for the employees covered by this Agreement, all of the work which has normally and traditionally been performed by Plasterers represented by the O.P. & C.M.I.A. and to maintain the wages, hours and other conditions of employment they have enjoyed with respect thereto.

WORK PRESERVATION. (ai) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- site construction work of the type covered by this Agreement, under its own name or under the name of another, as or a corporation, company, partnership, or any other business entity including a joint-joint venture, wherein the Employer, Employer through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (bii) As a remedy for violations of this Section, the Labor Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. (ciii) If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce and an award rendered in accordance with subsection (bii) above above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants' and attorneys' fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.

WORK PRESERVATION. (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity including a joint-joint venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (b) As a remedy for violations of this Section, the Labor Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an and Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. , Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. (c) If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce and an award rendered in accordance with subsection (b) above above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants' ’ and attorneys' ’ fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.

WORK PRESERVATION. (Preser- vation of Unit Work) (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent pre- vent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- on-site construction work of the type covered by this Agreement, under its his own name or under the name of another, as a corporation, company, partnership, or any other business entity entity, including a joint-joint venture, wherein the Employer, through Employer (including its officers, directors, partnersowners, partners or stockholders, ) exercises either directly or indirectlyindirectly (such as through family mem- bers) any legally sufficient degree of ownership, management control man- agement or majority ownershipcontrol, the terms and conditions of this Agreement shall be applicable to all such work. . (b) All charges or of violations of paragraph (a) of this Section Section, shall be considered as a dispute under this Agreement and shall be processed in accordance accor- dance with the provisions of this Agreement covering the procedure procedures for the handling of grievances griev- ances and the final and binding resolution of disputes. (b) , as provided in Article VIII of this Agreement. As a remedy reme- dy for violations of this Section, paragraph the Labor Management Committee, the Council on Industrial Relations arbitrator (or arbitration body) provided for the Electrical Contracting Industry and/or an independent arbitrator, as the case may be, are empowered, in their discretion and Article VIII is empow- ered at the request of the Union, to require an Employer employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; , and (2) pay into the affected joint trust funds Joint Trust Funds established under by this Agreement and any delinquent contributions to such funds which have resulted from the violations. Provision Provi- sion for this remedy herein does not make such remedy the exclusive remedy rem- edy available to the Union for violations of this Section para- graph; nor does it make the same or other remedies unavailable to the Union for violation of this para- graph; nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles para- graphs of this Agreement. (c) If, as a result of violations of this Sectionparagraph, it is necessary for the Union and/or the Trustees of the joint trust funds Joint Trust Funds to institute court action to enforce and an award rendered in accordance with subsection paragraph (b) above above, or to defend an any action which seeks to vacate such award, the Employer employer shall pay any accountants' ’ and attorneys' ’ fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action. (d) If this Article is declared to be unlawful, the parties will negotiate similar language that will give the Unions equivalent protection. (e) This paragraph will apply only to the following type of work. All work covered by Article I of the Southwest Drywall/Lathing Master Agreement includ- ing Exterior Insulation Finish Systems (EIFS), pre- cast concrete or panel systems, the installation, car- rying, transportation, handling, stocking, and scrap- ping of all materials and component parts of all types of ceilings regardless of their material or composition or method or manner of installation, attachment or connection, including but not limited to all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of material or method of attachment, all integrated gypsum wallboard ceiling heat panels, all radiant heat ceiling backing, all main tees, all cross tees, all splines, all wall and ceiling angles or moldings, all backing board and all finish ceiling materials, regardless of method or manner of instal- lation.

WORK PRESERVATION. (a) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on- on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity including a joint-joint venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (b) As a remedy for violations of this Section, the Labor Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violations violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. (c) If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce and an award rendered in accordance with subsection (b) above above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants' and attorneys' fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.