Preservation of Work
5.01
Effective date of signing of the Agreement and expiring April 30, 2027, the parties agree that if and when the Employer shall perform any 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 (including its officers, directors, owners, partners or stockholders) exercises either directly or indirectly (such as through family members) any significant degree of ownership management or control, the terms and conditions of this Agreement shall be applicable to all such work.
5.02
All charges or violations of Section 5:01 of this Article shall be considered as a dispute under this Agreement and shall be processed with the procedures for the handling of grievances and the final binding resolution of disputes, as provided in Article 19 of this Agreement. As a remedy for violations of this Section, the arbitrator (or arbitration board) provided for in Article 20 is empowered, at the request of the Union, to require an Employer to (1) pay to the affected Employees covered by this Agreement, the equivalent of wages lost by such Employees as a result of the violations and (2) pay into affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations, including such interest as may be prescribed by the Trustees or by law under no circumstances to be less than amount prescribed in Article 12. Provision for this remedy herein does not make remedy the exclusive remedy available to the Union for violation of this section; nor does it make the same as other remedies unavailable to the Union for violations of other sections or articles of this Agreement. a W gv
5.03
If, as a result of this Article, it is necessary for the Union and /or the Trustees of the joint funds to institute court action to enforce an award in accordance with Section 5:02 above, or to defend an action which seeks to vacate such awards, the Employer shall pay an accountant's and attorney's fees incurred by the Union and/or the Fund trustees, plus costs of the litigation, which have resulted from the bringing of such court action. Article 5:04 — Enabling Clause Where a particular Article or Articles of this Collective Agreement is or are found to work a hardship for a particular project or specific geographical area, the terms and conditions in this Agreement for that project or specific geographical area may be modified and shall be only by the mutual consent of the Union and the Association. It is understood and agreed that where mutual agreement for such changes cannot be achieved, the request shall not be subject to either Grievance or Arbitration.
Not legal advice. Verify the cited article against the signed agreement.