Common use of RECOGNITION AND SUB-CONTRACTING Clause in Contracts

RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bargaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bargaining rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 The Union recognizes the Employer as the exclusive bargaining agent for all employers of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in the industrial, commercial and institutional sector for the construction industry in the Province of Ontario for whom the Brick and Allied Craft Union has bargaining rights. The Union and Guild agree to advise each other of any new signatories to the Agreement. 1.03 Any Employer who is a party to this Agreement desirous of subcontracting any work encompassing the skills of members of the Union shall only subcontract said work to an Employer who is party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.04 A joint venture is a project being undertaken by a maximum of one (1) Employer. Each Employer in the joint venture shall be a party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.05 This Agreement applies to construction industry work in the industrial, commercial and institutional (ICI) sector and to non-construction industry work. 1.06 The Parties acknowledge that the BACU has agreed to utilize the hiring halls of IU Locals 6 and 7 respectively and to man jobs in the territory of IU Locals 6 and 7 respectively. 1.07 The Parties agree that the following rules shall apply to Employees who work in locations other than their home locals. All Local Union dues check-off that are deducted under this Collective Agreement shall be paid

RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bargaining bar- gaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bargaining bar- gaining rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 The Union recognizes the Employer as the exclusive bargaining bar- gaining agent for all employers the individual Employers named in Appendix A and any other Employers desirous of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in entering into a contractual agreement with the industrial, commercial and institutional sector for the construction industry OPC in the Province of Ontario for whom the Brick and Allied Craft Union has bargaining rightsOntario. The Union and Guild agree agrees to advise each other the Employer of any new signatories to the Agreement. For the purpose of ▇▇▇▇▇- ▇▇, the Employer does not include any contractor in any indi- vidual board area(s) in the Province of Ontario in which the BACU holds the ICI bargaining rights for such contractor. 1.03 Any Employer owner, developer or general contractor who is a party to this Agreement desirous of subcontracting any work encompassing the skills of members of the Union shall only subcontract said work to an Employer who is a party to and bound by this Agreement or the OPCBACU-Guild Provincial Province Wide ICI Collective Agreement for Tile. Except in the case of an owner, developer or general con- tractor, an Employer shall only subcontract work covered by this Agreement to a maximum of one (1) other Employer, who shall be a party to and bound by this Agreement or the BACU-Guild Province Wide ICI Collective Agreement for Tile. Except in the case of an owner, developer or general con- tractor, an Employer subcontracting work covered by this Agreement shall, prior to commencing any work which is being subcontracted, provide the Union in writing with: • the name and location of the project, • the name of the client/general contractor, • the name of the subcontractor, • the estimated start and completion date of the work, and • an approximation of the number of hours contained in the subcontract. Except in the case of an owner, developer or general con- tractor, where an Employer subcontracts out work in accordance with the terms of this Agreement, the subcon- tractor shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly paid Employees. In the event that such subcontractor does not make such pay- ments in accordance with the terms of this Agreement then the Employer who has subcontracted the work shall be responsible for payment of all remittances to the Union and/or its Trust Funds as outlined in this Agreement for the Employees of the subcontractor covered by this Agreement. No Employer which has received a subcontract to perform work covered by this Agreement shall in turn subcontract any or all of said work to another Employer regardless of whether that Employer is in contractual relations with the Union. The Parties agree to work together to enforce this provi- sion without exception. The Union will inform the Guild by letter when it is aware of any violation of this provision and set out the action that has been taken. The Guild will inform the Union by letter when it is aware of any violation of this provision and the Union will confirm to the Guild by registered mail that action has been taken within seven (7) days of the notification being sent. Where an Employer is found to have violated this Article it shall be required to pay deterrent damage in the amount of twenty thousand dollars ($20,000) per violation. This penalty is to be shared, less applicable fees and costs, equally by the Union and the Guild’s Promotion fund. 1.04 A joint venture is a project being undertaken by a maximum of one two (1) Employer. Each Employer in the joint venture shall be a party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.05 This Agreement applies to construction industry work in the industrial, commercial and institutional (ICI) sector and to non-construction industry work. 1.06 The Parties acknowledge that the BACU has agreed to utilize the hiring halls of IU Locals 6 and 7 respectively and to man jobs in the territory of IU Locals 6 and 7 respectively. 1.07 The Parties agree that the following rules shall apply to Employees who work in locations other than their home locals. All Local Union dues check-off that are deducted under this Collective Agreement shall be paid2)

RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bargaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bargaining rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 The Union recognizes the Employer Guild as the exclusive bargaining agent for all employers Employers of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in the industrial, commercial and institutional sector for of the construction industry in the Province of Ontario for whom the Brick and Allied Craft Union Ontario Provincial Conference has bargaining rights. The Union and Guild agree to advise each other of any new signatories to the this Agreement. 1.03 Any Employer who is a party to this Agreement desirous of subcontracting any work encompassing the skills of members of the Union shall only subcontract said work to an Employer who is party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.04 A joint venture is a project being undertaken by a maximum of more than one (1) Employer. Each Employer in the joint venture shall be a party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.05 This Agreement applies to construction industry work in the industrial, commercial and institutional (ICI) sector and to non-construction industry work. 1.06 The Parties parties agree and acknowledge that the BACU has agreed to utilize and its Locals administer the collective agreement including all hiring halls matters in all areas of IU the Province except within the territorial jurisdiction of Locals 6 and 7 respectively and to man jobs in the territory of IU Locals where Local 6 and 7 respectivelyrespectively administer the collective agreement including all hiring matters. 1.07 The Parties agree that the following rules shall apply to Employees who work in locations other than their home locals. All Local Union dues check-off that are deducted under this Collective Agreement shall be paidpaid to the Local Union in whose territory the work is being performed. All benefit contributions including welfare, dental, pension, SUB plans shall be paid to the member’s home Local Union or plan.

RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bargaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bargaining rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 The Union recognizes the Employer as the exclusive bargaining agent for all employers of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in the industrial, commercial and institutional sector for the construction industry in the Province of Ontario for whom the Brick and Allied Craft Union has bargaining rights. The Union and Guild agree to advise each other of any new signatories to the Agreement. 1.03 Any Employer who is a party to this Agreement desirous of subcontracting or engaging in a joint venture with respect to any work encompassing the skills of members of the Union shall only subcontract said work to an Employer Employer, or enter into a joint venture with an Employer, who is a party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.04 A joint venture is a project being undertaken by a maximum of one (1) Employer. Each Employer in the joint venture shall be a party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.05 This Agreement applies to construction industry work in the industrial, commercial and institutional (ICI) sector and to non-construction industry work. 1.06 The Parties acknowledge that the BACU has agreed to utilize the hiring halls of IU Locals 6 and 7 respectively and to man jobs in the territory of IU Locals 6 and 7 respectively. 1.07 The Parties agree that the following rules shall apply to Employees who work in locations other than their home locals. All Local Union dues check-off that are deducted under this Collective Agreement shall be paidpaid to the Local Union in whose territory the work is being performed. All benefit contributions including welfare, dental, pension, SUB plans shall be paid to the member’s home Local Union or plan.

RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bargaining bargain- ing agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bargaining bargain- ing rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 The Union recognizes the Employer as the exclusive bargaining agent for all employers as outlined in Appendix A and shall be bound to this Agreement and any other Employers desirous of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in entering into a contractual agreement with the industrial, commercial and institutional sector for the construction industry in the Province of Ontario for whom the Brick and Allied Craft Union has bargaining rightsOntario. The Union and Guild agree to advise each other of any new signatories to the Agreement. 1.03 Any Employer who is a party to this Agreement, save and except owners, developers and general contrac- tors, shall not sub-contract any part of the contract encompassing the skills of the members of the Union. Any owner, developer or general contractor who is a party to this Agreement desirous of subcontracting sub-contracting any work encompassing the skills of members of the Union shall only subcontract sub-contract said work to an Employer employ- er who is party to and bound by has signed this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.04 A joint venture . Any owner, developer or general contractor who is a project being undertaken by a maximum of one (1) Employer. Each Employer in the joint venture shall be a party to this Agreement desirous of sub-contracting any work encompassing the skills of members of the Union shall not sub-contract said work without the prior consent of the Union, with any Employer who is in arrears for any contributions, deductions or remit- tances required by the collective agreement. Any Employer who is a party to this Agreement, save and bound except owners, developers and general contrac- tors, shall not sub-contract any part of the contract, however the employer may receive on loan as per Article provided it is on an hourly basis only. An Employer shall not enter into a contract, sub-contract or transfer of work covered by this Agreement without prior con- sent from the Union, with any Employer who is in arrears for any contributions, deductions or the OPC-Guild Provincial ICI Collective required by this Agreement for Tile. 1.05 This Agreement applies to construction industry work in the industrial, commercial and institutional (ICI) sector and to non-construction industry work. 1.06 The Parties acknowledge that the BACU has agreed to utilize the hiring halls of IU Locals 6 and 7 respectively and to man jobs in the territory of IU Locals 6 and 7 respectively. 1.07 The Parties agree that the following rules shall apply to Employees who work in locations other than their home locals. All Local Union dues check-off that are deducted under this Collective Agreement shall be paidconfirmed in writing by the Union. See Letter of Understanding, September

RECOGNITION AND SUB-CONTRACTING. 1.01 The Employer recognizes the Union as the exclusive bargaining bar- gaining agent for marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in its employ in the Province of Ontario and for whom the Union has bargaining bar- gaining rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Guild agrees to notify the Union of any new members joining the Guild. 1.02 The Union recognizes the Employer as the exclusive bargaining bar- gaining agent for all employers the individual Employers named in Appendix A and any other Employers desirous of marble, tile and terrazzo, cement masons and resilient floor layers and their helpers, their respective apprentices, improvers and working foremen in entering into a contractual agreement with the industrial, commercial and institutional sector for the construction industry BACU in the Province of Ontario for whom the Brick and Allied Craft Union has bargaining rightsOntario. The Union and Guild agree agrees to advise each other the Employer of any new signatories to the Agreement. 1.03 Any Employer owner, developer or general contractor who is a party to this Agreement desirous of subcontracting any work encompassing the skills of members of the Union shall only subcontract said work to an Employer who is party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.04 A joint venture is a project being undertaken by a maximum of one (1) Employer. Each Employer in the joint venture shall be a party to and bound by this Agreement or the OPC-Guild Provincial ICI Collective Agreement for Tile. 1.05 This . Except in the case of an owner, developer or general con- tractor, an Employer shall only subcontract work covered by this Agreement applies to construction industry a maximum of one (1) other Employer, who shall be a party to and bound by this Agreement or the OPC-Guild ICI Collective Agreement for Tile. Except in the case of an owner, developer or general con- tractor, an Employer subcontracting work covered by this Agreement shall, prior to commencing any work which is being subcontracted, provide the Union in writing with: • the name and location of the project, • the name of the client/general contractor, • the name of the subcontractor, • the estimated start and completion date of the work, and • an approximation of the number of hours contained in the subcontract. Except in the case of an owner, developer or general con- tractor, where an Employer subcontracts out work in accor- dance with the industrialterms of this Agreement, commercial and institutional (ICI) sector and the subcontractor shall be responsible for payment of all remittances to non-construction industry work. 1.06 The Parties acknowledge the Union and/or its Trust Funds as outlined in this Agreement, covering all hourly paid Employees. In the event that such subcontractor does not make such payments in accordance with the BACU terms of this Agreement then the Employer who has agreed subcontracted the work shall be responsible for payment of all remittances to utilize the hiring halls Union and/or its Trust Funds as out- lined in this Agreement for the Employees of IU Locals 6 and 7 respectively and the subcon- tractor covered by this Agreement. No Employer which has received a subcontract to man jobs perform work covered by this Agreement shall in turn subcontract any or all of said work to another Employer regardless of whether that Employer is in contractual relations with the territory of IU Locals 6 and 7 respectively. 1.07 Union. The Parties agree to work together to enforce this provi- sion without exception. The Union will inform the Guild by letter when it is aware of any violation of this provision and set out the action that has been taken. The Guild will inform the following rules shall apply Union by letter when it is aware of any violation of this provision and the Union will confirm to Employees who work in locations other than their home localsthe Guild by registered mail that action has been taken within seven (7) days of the notification being sent. All Local Union dues check-off that are deducted under Where an Employer is found to have violated this Collective Agreement Article it shall be paidrequired to pay deterrent damage in the amount of twenty thousand dollars ($20,000) per violation. This penalty is to be shared, less applicable fees and costs, equally by the Union and the Guild’s Promotion fund. 1.04 A joint venture is a project being undertaken by a maximum of two (2)