Common use of Modified Provisions Clause in Contracts

Modified Provisions. In the event the Union elects to pursue or respond to the jurisdictional dispute at the Ontario Labour Relations Board, the arbitration board panel appointed by the Ontario Labour Relations Board pursuant to the Act is authorized to award damages only in circumstances where the other union(s) involved in the proceedings is (are) not restricted in their ability to claim for damages. However, this clause 3.6 shall not apply where the mis-assignment of work involves the same employer and the same work previously the subject of a jurisdictional dispute before the Ontario Labour Relations Board or the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry. The decision of the panel of the Ontario Labour Relations board will be final and binding upon the parties to this agreement with no further recourse to the Plan on the issue decided by the Ontario Labour Relations Board.