Common use of Subcontracting Provisions Clause in Contracts

Subcontracting Provisions. Section 1. The terms and provisions of this section have been negotiated and agreed upon by and between the parties for the purpose of providing covered employees with the maximum job security and steady employment warranted by the employer's business and the provisions of applicable law, and for the additional purpose of establishing lawful protection against the possible diminution of the wage scales and working conditions provided for in this collective bargaining agreement. Section 2. The employer shall not direct, require or permit any of its employees who are not included within the bargaining unit covered by this agreement to do or perform any of the work which is done or performed by those within the bargaining unit. Nor shall owners, employers or persons having a proprietary interest in the business be directed, required or permitted to do or perform any of said work. Section 3. Nothing contained in this agreement shall be construed to prevent the right of any employer to subcontract all or any part of work awarded to it. If, however, an employer elects to subcontract out all or any part of such work, at a construction job site, then in that event, such work shall be subcontracted only to employers working under this agreement, or in the alternative, to employers whose employees performing such work receive wages and fringe benefits collectively and other conditions of employment equal to or better than those contained in this agreement. No such subcontractor shall be required to enter into any agreement, as a condition of such subcontract, requiring or related to union recognition, union security or bargaining representation, or which requires the adoption of or participation in any trust fund provision. Section 4. Nothing contained in this section shall be construed to force or require any employer to cease or refrain from doing business with any specific person or employer or otherwise require the disruption of any existing business relationship with any other person or employer. Section 5. The purpose of this Article’s clauses is to discourage contractors who are bound to this agreement from subcontracting traditional and historical work of the Laborers to non-signatory employers in order to avoid the wages and fringes and working conditions contained in this bargaining agreement. This Article shall not be used for advancing a jurisdictional dispute between two unions which are both claiming the same work. Such jurisdictional disputes shall be advanced and addressed only by Article III, Work Assignments and Jurisdictional Disputes.