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final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade <br />Board or arbitrator shall be able, at the request of the Union, to require an Employer to pay (1) to <br />affected employees covered by this Agreement, including registered applicants for employment, the <br />equivalent of wages those employees have lost because of the violations, and (2) into the affected Joint <br />Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted <br />from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other <br />appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision <br />of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or <br />governmental (for example, National Labor Relations Board) channels. <br />Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees <br />of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action <br />to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an <br />action that seeks to vacate such award, the Employer shall pay any accountants' and/or attorneys' fees <br />incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from <br />such legal action. This Section does not affect other remedies, whether provided by law or this <br />Agreement that may be available to the Union and/or the Joint Trust Funds. <br />ARTICLE XXVI <br />Subcontracting <br />Section 1. The Employer shall not contract out, subcontract, or outsource work to be done at the site of <br />the construction, alteration, painting, or repair of a building or structure or other work unless the <br />.Employer or person who will perform such work is a party to a Collective Bargaining Agreement with <br />this Union or another Union affiliated with the IUPAT. The employer will use every effort to exercise <br />the above language. <br />Section 2. In the event that the Employer shall contract out, subcontract, or outsource any bargaining <br />unit work, whether or not job site or other work encompassed by Section 1 hereof, the Employer must <br />notify the Union as to the identity of the contractor or subcontractor to which the work will be assigned <br />within five days prior to finalizing any agreement with such contractor, subcontractor, or other person. <br />Section 3. In the event of contracting, subcontracting, or outsourcing of any job site work <br />encompassed by the provisions set forth in Section 1 hereof, if the Union has provided the Employer <br />with written notice that a contractor is presently delinquent in making contributions to the Union or <br />any fringe benefit fund to which contributions are required by this Agreement, and, after being <br />provided such written notice, the Employer nonetheless enters into or continues a contract for the <br />performance of any job site work that is covered by this Agreement with such delinquent contractor, <br />the Employer shall be liable for any unpaid fringe benefit contributions owed by such contractor <br />because of the performance of such job site (or other) work pursuant to that contract. <br />19 <br />