JURISDICTIONAL DISPUTES

a) It is incumbent on all Contractors and Subcontractors to assign work in accordance with Contractors’ responsibility set forth in procedural rules and regulations for the Plan for Settlement of Jurisdictional Disputes in the construction industry covering the United States and Canada as amended through December 2002. b) The Union shall utilize the procedural rules and regulations for the Plan for the settlement of Jurisdictional Disputes in the construction industry to the extent that it is sanctioned by the International Union. c) Subject to the above provisions and those set forth in 6.03, it is understood and agreed that Jurisdictional Disputes shall not be the subject of a grievance under this Agreement, but shall be dealt with as provided herein.

When a Jurisdictional Dispute exists between unions and upon request by the Union, the Employer shall furnish the International Offices of the Union, a signed letter on Employer stationery, stating that Boilermakers were employed on specific types of work on a given project.

a) When an Employer makes a work assignment that is challenged by the Union and referred to the Canadian Plan and the Arbitrator rules in favour of the Union, the ruling shall be implemented immediately. b) Should the same Employer assign the identical work, contrary to the Arbitrator’s original ruling and the work assignment is once again challenged by the Union and referred to the Canadian Plan and the Arbitrator again finds in favour of the Union, the Employer will be subject to the Arbitration procedure in Article 13.02. The Arbitrator shall be empowered to award damages where the Employer fails to establish a course of proper due diligence in following Article 6.01 (a) and (b).