Common use of RECOGNITION AND SUB-CONTRACTING Clause in Contracts

RECOGNITION AND SUB-CONTRACTING. (a) The Employer recognizes 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 “B”. (b) The Union recognizes the Employer as the exclusive bargaining agent 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 “B” hereto. (c) MIECO recognizes that as a result of a servicing agreement dated June 21, 2001, entered into by the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers (“OPC”) the OPC and its locals have authorized the BACU and its locals to act as their agents with respect to the administration and servicing of the Collective Agreement and MIECO agrees to recognize the BACU and its locals in their capacity as agents of the OPC with respect thereto. The OPC agrees to save, hold harmless and indemnify MIECO and its employer members with respect to any actions, claims or other injuries suffered as a result of such recognition. (d) Any Employer who is a party to this Agreement desirous of contracting or sub- contracting any work encompassing the skills of members of the “Union” shall only contract or sub-contract same to a contractor or sub-contractor who is bound by the Provincial Agreement with the “Union”. (e) Without restricting in any way the application of the subcontracting provision contained in Article 1 (c) of this Agreement, an Employer who undertakes a contract with an owner to provide construction management services shall be subject to Article 1 (d) unless: i) The owner selects contractor(s) not bound to this 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 it (they) is (are) bound or otherwise to this Agreement; ii) The owner accepts bid(s) from contractor(s) not bound to this Agreement; and, iii) The owner contracts or subcontracts directly with contractor(s) not bound to this Agreement without contractual obligation of the Employer for the work of such contractor(s), other than for the negligent acts or omissions of the Employer. (f) Any failure to comply with Article 1(e) of this Agreement shall render the Employer liable for damages equivalent to those for the breach of the subcontracting provision set forth in Article 1(d) above. (g) The Employer shall advise the owner of the provisions of Articles 1(e) and 1(f) when undertaking the construction management services contract. (h) ▇▇▇▇▇ recognizes the duly elected Executive Board of the Certified Employee Bargaining Agency as certified by the Ontario Labour Relations Board, exclusively for all Labour Relations purposes and shall continue to do so until the Labour Relations Board or a Court of Competent Jurisdiction rules otherwise. (i) If the Certified Employee Bargaining Agency is involved in any proceeding before the Ontario Labour Relations Board or a Court of Competent Jurisdiction, ▇▇▇▇▇ agrees to advise the Board or Court of its obligation in 1(h) above.

RECOGNITION AND SUB-CONTRACTING. (a) The Employer recognizes 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 “B”” hereto. (b) The Union recognizes the Employer as the exclusive bargaining agent 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 “B” hereto. (c) MIECO recognizes regognizes that as a result of a servicing agreement dated June 21, 2001, entered into by the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers (“OPC”) the OPC and its locals have authorized the BACU and its locals to act as their agents with respect to the administration and servicing of the Collective Agreement and MIECO agrees to recognize the BACU and its locals in their capacity as agents of the OPC with respect thereto. The OPC agrees to save, hold harmless and indemnify MIECO and its employer members with respect to any actions, claims or other injuries suffered as a result of such recognition. (d) Any Employer who is a party to this Agreement desirous of contracting or sub- sub-contracting any work encompassing the skills of members of the “Union” shall only contract or sub-sub- contract same to a contractor or sub-contractor who is bound by the Provincial Agreement with the “Union”. (e) Without restricting in any way the application of the subcontracting provision contained in Article 1 (c) of this Agreement, an Employer who undertakes a contract with an owner to provide construction management services shall be subject to Article 1 (d) unless: i) The owner selects contractor(s) not bound to this 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 it (they) is (are) bound or otherwise to this Agreement; ii) The owner accepts bid(s) from contractor(s) not bound to this Agreement; and, iii) The owner contracts or subcontracts directly with contractor(s) not bound to this Agreement without contractual obligation of the Employer for the work of such contractor(s), other than for the negligent acts or omissions of the Employer. (f) Any failure to comply with Article 1(e) of this Agreement shall render the Employer liable for damages equivalent to those for the breach of the subcontracting provision set forth in Article 1(d) above. (g) The Employer shall advise the owner of the provisions of Articles 1(e) and 1(f) when undertaking the construction management services contract. (h) ▇▇▇▇▇ recognizes the duly elected Executive Board of the Certified Employee Bargaining Agency as certified by the Ontario Labour Relations Board, exclusively for all Labour Relations purposes and shall continue to do so until the Labour Relations Board or a Court of Competent Jurisdiction rules otherwise. (i) If the Certified Employee Bargaining Agency is involved in any proceeding before the Ontario Labour Relations Board or a Court of Competent Jurisdiction, ▇▇▇▇▇ agrees to advise the Board or Court of its obligation in 1(h) above.

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 “B”. (b) . The Union Employer recognizes the Employer as Territorial Jurisdiction of the exclusive bargaining agent 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 Local Unions as described in Appendix “B” hereto. (c) MIECO of that Collective Agreement. This Agreement applies to Construction Industry work and to Industry Work in the Industrial, Commercial and Institutional sector. The Guild recognizes that as a result of a servicing agreement dated June 21, 2001, entered into by the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftworkers (“OPC”) the OPC and as its locals have authorized the BACU and its locals to act as their agents with respect to the administration and servicing of the Collective Agreement and MIECO the Guild agrees to recognize the BACU and its locals in their capacity as agents of the OPC with respect thereto. The OPC agrees to save, hold harmless and indemnify MIECO the Guild and its employer members with respect to any actions, claims or other injuries suffered as a result of such recognition. (d) Any Employer who is a party to this Agreement desirous of contracting or sub- contracting any work encompassing the skills of members of the “Union” shall only contract or sub-contract same to a contractor or sub-contractor who is bound by the Provincial Agreement with the “Union”. (e) Without restricting in any way the application of the subcontracting provision contained in Article 1 (c) of this Agreement, an Employer who undertakes a contract with an owner to provide construction management services shall be subject to Article 1 (d) unless: i) The owner selects contractor(s) not bound to this 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 it (they) is (are) bound or otherwise to this Agreement; ii) The owner accepts bid(s) from contractor(s) not bound to this Agreement; and, iii) The owner contracts or subcontracts directly with contractor(s) not bound to this Agreement without contractual obligation of the Employer for the work of such contractor(s), other than for the negligent acts or omissions of the Employer. (f) Any failure to comply with Article 1(e) of this Agreement shall render the Employer liable for damages equivalent to those for the breach of the subcontracting provision set forth in Article 1(d) above. (g) The Employer shall advise the owner of the provisions of Articles 1(e) and 1(f) when undertaking the construction management services contract. (h) ▇▇▇▇▇ recognizes the duly elected Executive Board of the Certified Employee Bargaining Agency as certified by the Ontario Labour Relations Board, exclusively for all Labour Relations purposes and shall continue to do so until the Labour Relations Board or a Court of Competent Jurisdiction rules otherwise. (i) If the Certified Employee Bargaining Agency is involved in any proceeding before the Ontario Labour Relations Board or a Court of Competent Jurisdiction, ▇▇▇▇▇ agrees to advise the Board or Court of its obligation in 1(h) above.