PRESERVATION OF WORK
27.01
Preservation of Work Effective the date of signing of this Agreement, 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, or 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 member) any significant degree of ownership, management or control, the terms and conditions of this Agreement shail be applicable to all such work.
27.02
Violations All charges of violations of section A of this article shall be considered as a dispute under this Agreement and shall be processed with the procedures for handling of grievances and the final p CLRA and Operating Engineers Local 904 Collective Agreement 2022-2027 Page 21 4?It 4 a AL. binding resolution of disputes, as provided in Article 19 & 20 of this Agreement. As a remedy for violations of this section, the arbitrator (or arbitration board) provided for in Article 19 & 20 is empowered, at the request of the Union, to require an 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 trustees or by law. 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 or other remedies unavailable to the union for violations of other sections or articles of this agreement.
Not legal advice. Verify the cited article against the signed agreement.