PRESERVATION OF WORK

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 B (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. Se wv

All charges of violations of Section 26:01 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 21 of this Agreement. As a remedy for violations of this Section, the arbitrator (or arbitration board) provided for in Article 21 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 of this remedy shall not make it 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 articles of this Agreement.

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 26:02 above, or to defend an action which seeks to vacate such awards, the Employer shall pay an accountant's and attorneys' fees incurred by the Union and/or the Fund trustees, plus costs of the litigation, which have resulted from the bringing of such action. Employers pay only if found guilty.