Common use of RECOGNITION AND SUB-CONTRACTING Clause in Contracts

RECOGNITION AND SUB-CONTRACTING. (a) The Employer the Union as the exclusive bargaining agent for Bricklayers, Stonemasons and Plasterers, their respective Apprentices, Improvers and Working foremen in his employ in the Province of Ontario, in areas described in Appendix hereto. The Union the Employer as the exclusive bargaining agent membersas outlined in Appendix any other Employers desirous of entering into a contractual agreement with the Union in the geographic areas as described in Appendix hereto. Any Employer who is a party to this Agreement desirous of contracting or sub-contracting any work encompassing the Provincial Conference shallonly contract or sub-contract same to a contractor or sub-contractor who is bound by the Provincial Agreement with the Ontario Provincial Conference. Without restricting in any way the application of the subcontracting provision contained in Article 1 (c)of this Agree- ment, an Employer who undertakes a contract with an owner to provide construction management services shall be subject to Article 1 (c)unless: The owner selects contractor(s) not bound to this Agree- ment to bid on work covered by this Agreement and solely and directly solicits or obtains bid(s) for such work from such contractor(s) without any involvement or by the employer in the selection of such contractor(s) (except as to the validity of the bids) or the solicitation or obtaining of any bid(s) from any contractor(s) regardless of whether it (they) is (are) bound or otherwise to this Agreement;

RECOGNITION AND SUB-CONTRACTING. (a) The Employer the Union as the exclusive bargaining agent for Bricklayers, Stonemasons and Plasterers, their respective Apprentices, Improvers and Working foremen in his employ in the Province of Ontario, in areas described in Appendix hereto. The Union the Employer as the exclusive bargaining agent membersas outlined in Appendix any other Employers desirous of entering into a contractual agreement with the Union in the geographic areas as described in Appendix hereto. Any Employer who is a party to this Agreement desirous of contracting or sub-contracting any work encompassing the skills Ontario Provincial Conference shallonly shall only contract or sub-contract same to a contractor or sub-contractor who is bound by the Provincial Agreement with the Ontario Provincial Conference. Without restricting in any way the application of the subcontracting provision contained in Article 1 (c)of this Agree- ment, an Employer who undertakes a contract with an owner to provide construction management services shall be subject to Article 1 (c)unlessunless: The owner selects contractor(s) not bound to this Agree- ment Agreement to bid on work covered by this Agreement and solely and directly solicits or obtains bid(s) for such work from such contractor(s) without any involvement or participation by the employer in the selection of such contractor(s) (except as to the validity of the bids) or the solicitation or obtaining of any bid(s) from any contractor(s) regardless of whether ofwhether it (they) is (are) bound or otherwise to this Agreement;; The owner accepts bid(s) from contractor(s) not bound to this Agreement; and, The owner contracts or subcontracts directly with contractor(s) not bound to this Agreement without con- tractual obligation of the Employer for the work of such contractor(s), otherthan for thenegligent omissions of the Employer. . Any failure to comply with Article Agreement shall render the Employer liable for damages equivalent to those for the breach of the subcontracting provision set forth in Article

RECOGNITION AND SUB-CONTRACTING. (a) The Employer recognizes the Union as the exclusive bargaining bargain- ing agent for Bricklayersmarble, Stonemasons tile and Plasterersterrazzo, cement masons and resilient floor layers and their helpers, their respective Apprenticesapprentices, Improvers improvers and Working working foremen in his its employ in the Province of Ontario, in areas Ontario and for whom the Union has bargain- ing rights. The Employer recognizes the territorial jurisdiction of the Local Unions as described in Appendix B hereto. The Union recognizes the Employer as the exclusive bargaining agent membersas for all as outlined in Appendix A and shall be bound to this Agreement and any other Employers desirous of entering into a contractual agreement with the Union in the geographic areas as described in Appendix heretoProvince of Ontario. 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 contracting or sub-contracting any work encompassing the Provincial Conference shallonly contract or skills of members of the Union shall only sub-contract same said work to a contractor an employ- er who has signed this Agreement or sub-the ICI Agreement for Tile. Any owner, developer or general contractor who is bound 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 Provincial Agreement with the Ontario Provincial Conferencecollective agreement. Without restricting in Any Employer who is a party to this Agreement, save and except owners, developers and general contrac- tors, shall not sub-contract any way the application part of the subcontracting provision contained in contract, however the employer may receive on loan as per Article 1 (c)of this Agree- mentprovided it is on an hourly basis only. An Employer shall not enter into a contract, an Employer who undertakes a sub-contract with an owner to provide construction management services shall be subject to Article 1 (c)unless: The owner selects contractor(s) not bound to this Agree- ment to bid on 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 required by this Agreement and solely and directly solicits or obtains bid(s) for such work from such contractor(s) without any involvement or shall be confirmed in writing by the employer in the selection Union. See Letter of such contractor(s) (except as to the validity of the bids) or the solicitation or obtaining of any bid(s) from any contractor(s) regardless of whether it (they) is (are) bound or otherwise to this Agreement;Understanding, September

RECOGNITION AND SUB-CONTRACTING. (a) The Employer the Union as the exclusive bargaining agent for Bricklayers, Stonemasons and Plasterers, their respective Apprentices, Improvers and Working foremen in his employ in the Province of Ontario, in areas described in Appendix hereto. The Union the Employer as the exclusive bargaining agent membersas for all members as outlined in Appendix “A” and any other Employers desirous of entering into a contractual agreement with the Union in the geographic areas as described in Appendix hereto. Any Employer who is a party to this Agreement desirous of contracting or sub-contracting any work encompassing the skills of members of the Ontario Provincial Conference shallonly shall only contract or sub-contract same to a contractor or sub-contractor who is bound by the Provincial Agreement with the Ontario Provincial Pro- vincial Conference. Without restricting in any way the application of the subcontracting sub- contracting provision contained in Article 1 (c)of of this Agree- ment, an Employer who undertakes a contract with an owner to provide construction management services shall be subject to Article 1 (c)unlessunless: The owner selects contractor(s) not bound to this Agree- ment to bid on work covered by this Agreement and solely sole- ly and directly solicits or obtains bid(s) for such work from such contractor(s) without any involvement or participa- tion by the employer in the selection of such contractor(s) (except as to the validity of the bids) or the solicitation or obtaining of any bid(s) from any contractor(s) regardless of whether it (they) is (are) bound or otherwise to this Agreement;

RECOGNITION AND SUB-CONTRACTING. (a) The Employer recognizes the as the exclusive bargaining agent for Marble,Tile &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. The Employer recognizes the TerritorialJurisdiction of the Local Unions as described in Appendix hereto. The recognizes the Employer as the exclusive bargaining agent for all as outlined in Appendix and shall be bound to this Agreement and any other Employers desirous of entering into a Contractual Agreement with the in the Province of Ontario. Any Employer who is a Party to this Agreement desirous of sub- contracting any work encompassingthe skills and members of the Brick and Allied Union of Canada and only after the Employer has first requested the Local Union to supplymembers in order to perform the work itself and members of the Local Union are not available as requested, shall only then sub-contract same to a sub-contractorwho has signed the ProvincialAgreement with the Union or the An Employer shall not enter into a contract, sub-contract or transfer of work covered by this Agreement without prior consent from the Union or the with any Employer who is in arrears for any contributions, deductions or remittances required by this Agreement and shall be confirmed in writing by the Union or the See Letter of Understanding, September PROVINCIAL AGREEMENT The Employer recognizes the as the exclusive bargaining agent for Bricklayers, Stonemasons and Plasterers respective Apprentices and Improvers, and Working Foremen in its employ in the Province of Ontario. The Employer agrees that it is bound by and party to the Collective Agreement between the and the Masonry Industry Employers’ Council of Ontario in respect to work it performs or undertakes requiring the skills of Bricklayers, Stonemasons or Plasterers, their respective Apprentices, Improvers improvers and Working foremen in his employ Foremen in the Province of Ontario, in areas described in Appendix hereto. The Union Employer recognizes the Employer as Territorial Jurisdiction of the exclusive bargaining agent membersas outlined in Appendix any other Employers desirous of entering into a contractual agreement with the Union in the geographic areas Local Unions as described in Appendix heretoof that Collective Agreement. Any Employer who is This Agreement applies to Construction Industry work and to Industry Work in the Industrial, Commercial and Institutional sector. The Guild recognizes that as a party to this Agreement desirous result of contracting or sub-contracting any work encompassing the Provincial Conference shallonly contract or sub-contract same to a contractor or sub-contractor who is bound servicing agreement dated June entered into by the Provincial Agreement with the Ontario Provincial Conference. Without restricting in any way the application Conference of the subcontracting provision contained in Article 1 (c)of this Agree- ment, an Employer who undertakes a contract International Union of Bricklayers and Allied the as its locals have authorized the and its locals to act as agents with an owner respect to provide construction management services shall be subject to Article 1 (c)unless: The owner selects contractor(s) not bound to this Agree- ment to bid on work covered by this the administration and servicing of the Collective Agreement and solely the Guild agrees to recognize the and directly solicits its locals in their capacity as agents of the with respect thereto. The agrees to save, hold harmless and the Guild and its employer members with respect to any actions, claims or obtains bid(s) for such work from such contractor(s) without any involvement or by the employer in the selection other injuries suffered as a result of such contractor(s) (except as to the validity of the bids) or the solicitation or obtaining of any bid(s) from any contractor(s) regardless of whether it (they) is (are) bound or otherwise to this Agreement;recognition.