Common use of Out of Area Work Clause in Contracts

Out of Area Work. The Employer party hereto shall, when engaged in work outside the geographic jurisdiction of the Union party to the agreement, comply with all the lawful clauses of the Collective Bargaining Agreement in effect in said other geographic jurisdiction and executed by the employers of the industry and the affiliated Local Unions in the jurisdiction, including but not limited to, the wages, hours, working conditions, fringe benefits and procedure for settlement of grievances set forth therein; provided however, that as to employees employed by such employer from within the geographic jurisdiction of the Union party to this agreement and who are brought into an outside jurisdiction, such employee shall be entitled to receive the wages and conditions effective in either the home or outside jurisdiction whichever are more favorable to such employees, and fringe benefit contributions on behalf of such employees shall be made solely to their home funds in accordance with their governing documents. This provision is enforceable by the Local Union or District Council in whose jurisdiction the work is being performed, both through the procedure for settlement of grievances set forth in its applicable Collective Bargaining Agreement and through the courts and is also enforceable by the Union party to this agreement, both through the procedure for settlement of grievances set forth in this agreement and through the courts. An Employer engaging in work outside the geographic jurisdiction of the Union party to this agreement shall comply with this Article by signing the Memorandum of Understanding for Out of Town Contractors specifying the area where work is to be performed. A copy of this Memorandum of Understanding is available at the LMCC office. The Contractor or the Employer party to this Agreement, when engaged in work outside the geographical jurisdiction of the party to this Agreement, shall employ not less than fifty percent (50%) of the workers employed on such work from the residents of the area where the work is performed or from among persons who are employed the greater percentage of their time in such area.

Appears in 5 contracts

Samples: Master Labor Agreement, Master Labor Agreement, Master Labor Agreement

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Out of Area Work. SECTION 1. The Employer party hereto shall, when engaged in work outside the geographic jurisdiction of the Union party to the agreement, comply with all of the lawful clauses of the Collective Bargaining Agreement collective bargaining agreement in effect in said other geographic jurisdiction and executed by the employers of the industry and the IUPAT affiliated Local Unions union in the that jurisdiction, including but not limited to, the wages, hours, working conditions, fringe benefits benefits, and procedure for settlement of grievances set forth therein; provided however, that as to where no affiliated union has an agreement covering such out-of-area work, the Employer shall perform such work in accordance with this agreement; and provided further that employees employed by such employer from within the geographic jurisdiction of the Union party to this agreement and who are brought into work in an outside jurisdiction, such employee jurisdiction at the Employer’s request (but not employees who travel to the jurisdiction to seek work or who respond to a job alert issued by the IUPAT) shall be entitled to receive the wages and conditions effective in either the home or outside jurisdiction whichever are more favorable to such employees, and fringe benefit (a) contributions on behalf of such employees shall be made solely to their home benefit funds at the rate called for in accordance with their governing documentshome agreement and (b) (i) wages equal to the higher economic package minus the amount of contributions paid under (a), or (ii) wages equal to their home wages and a contribution to a defined contribution retirement plan equal to [the higher economic package] minus [the amount of contributions paid under (a) plus the home wages]. This provision is enforceable by the Local Union or District Council union in whose jurisdiction the work is being performed, both either through the procedure for settlement of grievances set forth in its applicable Collective Bargaining Agreement and collective bargaining agreement or through the courts courts, and is also enforceable by the Union party to this agreement, both either through the procedure for settlement of grievances set forth in this agreement and or through the courts. An Employer engaging in work outside the geographic jurisdiction of the Union party to this agreement shall comply with this Article by signing the Memorandum of Understanding for Out of Town Contractors specifying the area where work is to be performed. A copy of this Memorandum of Understanding is available at the LMCC office. The Contractor or On a monthly basis, the Employer party to this Agreement, when engaged shall provide the affiliated Union in work outside the geographical jurisdiction of the party to this Agreement, shall employ not less than fifty percent (50%) of the workers employed on such work from the residents of the whose area where the work is performed or from among persons who are employed with documentation that it has made fringe benefit contributions to the greater percentage of their time in such areahome funds for all employees brought into the jurisdiction by the Employer.

Appears in 2 contracts

Samples: Floor Covering Master Agreement, Floor Covering Master Agreement

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Out of Area Work. The Employer party hereto shall, when engaged in work outside the geographic geographical jurisdiction of the Union party to the agreementAgreement, comply with all of the lawful clauses of the Collective Bargaining Agreement in effect in said other geographic geographical jurisdiction and executed by the employers Em- ployers of the industry and the affiliated Local Unions in the that jurisdiction, including but not limited to, the wages, hours, working conditions, fringe benefits and procedure for settlement of grievances set forth therein; provided however, that as to employees employed by such employer Em- ployer from within the geographic geographical jurisdiction of the Union party to this agreement Agreement and who are brought into an outside jurisdiction, such employee shall be entitled to receive the wages and conditions effective in either the home or outside jurisdiction jurisdiction, whichever are more favorable fa- vorable to such employees, and fringe benefit contributions contribu- tions on behalf of such employees shall be made solely to their home funds in accordance with their governing documents. This provision is enforceable by the Local Union or District Council in whose jurisdiction the work is being performed, both through the procedure for settlement set- tlement of grievances set forth in its applicable Collective Collec- tive Bargaining Agreement and through the courts and is also enforceable by the Union party to this agreement, Agreement both through the procedure for settlement of grievances set forth in this agreement Agreement and through the courts. An Employer engaging in work outside the geographic jurisdiction of the Union party to this agreement shall comply with this Article by signing the Memorandum of Understanding for Out of Town Contractors specifying the area where work is to be performed. A copy of this Memorandum of Understanding is available at the LMCC office. The Contractor contractor or the Employer party to this AgreementAgree- ment, when engaged in work outside the geographical jurisdiction of the Union party to this Agreement, shall employ not less than fifty percent (50%) of the workers employed on such work from the residents of the area where the work is performed performed, or from among persons who are employed the greater percentage of their time in such area.

Appears in 1 contract

Samples: Master Agreement

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