PRESERVATION OF WORK
32.01
Effective the date of signing of this 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 at the site of a construction project, 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.
32.02
The employer shall operate a strictly union shop and shall not employ non-union tradespersons either in their own right or through any affiliated, subsidiary or related company.
32.03
All alleged violations of the Article shall be considered a dispute under this Agreement and shall be processed in accordance with the grievance and arbitration provisions of this Agreement. As a remedy for violations of this Article, any arbitrator or arbitration board appointed under this Agreement shail be empowered at the Unions request to require the Employer to (1) pay to affected employees covered by this Agreement, 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, including such interest as may be prescribed by the arbitrator or arbitration board. Provision of this remedy herein shall not make it the inclusive remedy to the Union for violations of this Se Agreement; nor does it make the same as other remedies unavailable to the Union for violations of other Articles of this Agreement.
32.04
If, as a result of violation 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 32.03 above, or to defend as 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 such court action. Employers pay only if found guilty.
Not legal advice. Verify the cited article against the signed agreement.