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Master Portion - Provincial ICI
subcontractors that are bound to an applicable agreement with the OPDC
or bound to an applicable agreement with the local Union in whose
geographic jurisdiction the work is being performed.
(c) For work forming part of an ICI general contract, but not
covered by 2.05 (a), the employer may also engage contractors and/or
subcontractors that have an applicable agreement with an affiliate or the
OPDC other than the local Union having jurisdiction over the work
provided that such contractors/subcontractors maintain a ratio of 50%
local Union members and 50% members from other areas with the latter
not to exceed a maximum of five. The first hire shall be a key man; the
second hire will come from local Union; the third shall be a key man and
so on. This ratio shall be maintained on lay-off.
Any members transferred from another area under this
provision shall receive the wage package in the applicable local
agreement or the package in their employer’s agreement whichever is
superior, all other terms and conditions of their employer’s agreement
shall apply;
Any local Union members hired by a contractor, that is not
bound to the local Union in whose geographic jurisdiction the work is
being performed, shall be employed in accordance with all of the terms
and conditions of the applicable agreement in the area where the work is
being performed.
(d) Where an employer awards work to a subcontractor/contractor
according to the provisions of 2.05 (c) and the subcontractor/contractor
has violated the mobility provisions of 2.05 (c) then such violation shall
constitute a violation of the mobility provisions of 2.05 (c) by the
employer. Where a subcontractor/contractor violates any other terms or
conditions of the applicable collective agreement then the employer shall
be liable for such other violation to the extent of the violation.