Opening of Bids - Small Drainage Design and Repair Project No 118-063 - G.E. Marshall Inc

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successfully completed the training. Probationary/temporary Drivers are not eligible for the "out of work list" or referral to other Employers, The use of the work "he" both in this paragraph and all other paragraphs of the collective bargaining agreement refers to both males and females. Section 2. Maintenance of Membership: Present employees who are members of the Union must, as a condition of employment, maintain such membership during the term of this Agreement. Section 3. Now Employees: New employees shall, as a condition of employment, become members of the Union by no later than the eighth calendar day worked after the beginning of employment or after the execution date of this Agreement, whichever is later, and shall maintain such membership as a condition of contJinued employment. Section 4. Enforcement: Any employee who refuses or fails to fulfill the obligations of Sections 2 or 3 above, shall forfeit his right to/of employment; and the Employer shall discharge such employee within forty-eight (48) hours of receiving written notice from the Union of the failure of an employee to fulfill said obligation; provided, that, the Union shall hold the Employer harmless for demands under this Section not in accord with federal law. Section 5. Applicability: Any part of this Article 3 which is in violation of Indiana State Law or Federal Law shall not be applicable to this Agreement. ARTICLE 4 SUBCONTRACTING Section 1. The Employer agrees that neither it nor any of its subcontractors will subcontract any work covered by this Agreement to be done at the site of construction, alteration, or repair of a building, structure, road or other work, except to a person, firm or corporation, signatory to this Agreement. Section 2. Any Employer who sublets to or who hires any other Employer to perform any work or services including the spreading on the construction site or the road bed of any stabilized base material to be used for subsurface which shall include but not limited to fill, Poz-O-Pac, aggregate materials, bituminous aggregate materials, cement aggregate materials, or any other trade name of base or paving materials shall neither sublet nor hire any such Employers unless the employees of such Employers are paid an amount equal to the wages and fringe benefits being paid to employees working under this Contract. Section 3. In the event a contractor or sub -contractor fails to comply with the provisions of this Article, he shall be considered in direct violation of this Agreement. The contractor or sub -contractor shall, within forty-eight (48) hours after receiving notice, excluding Sundays and Holidays, investigate and meet with the Union to adjust or comply with the requirement. Section 4. Spreading and/or Distributing Materials On Construction Sites: The Employer agrees that stone, stabilized base materials, sand, and gravel will be spread or distributed on a construction site, including road beds. exclusively by employees covered by this Agreement. Deliveries of stone, stabilized base materials, sand and gravel by employees, firms or entities not covered by this Agreement, shall be made exclusively to stockpiles and the Employer ordering those materials for delivery by a third party is responsible to see that the provisions of this Section are not violated provided that the Union shall hold Employer harmless for suits or demands under this Section not in Accord with federal law.