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1.2.1 This Agreement is a collective agreement as provided
for in Division 8. HCML and CEP
have negotiated and entered into this Agreement under
Division 8.
1.2.2 The Parties recognize the validity of the Principal
Agreement, but expressly agree that for
the duration of this Agreement the Principal Agreement will
not apply in respect of terms
and conditions of employment of Employers and Employees. If
this Agreement is
terminated pursuant to Article 1.3.4, the Principal
Agreement will apply to Employers
and Employees.
1.2.3 HCML or another principal contractor may negotiate
and enter into other Project
Agreements which may apply to persons employed to do Work
on the Project who are
not represented by CEP.
1.2.4 Where HCML or the Owner have participated in any way
in the processes and
administrative matters contemplated in this Agreement, it
is only for the purposes of this document and the enhancement of the Project and in no way
can be construed to create a
Bargaining Relationship or a collective agreement with any
Union. For the sake of
clarity, and notwithstanding any other provision in this
Agreement:
- neither HCML's status as a principal contractor, nor
its negotiation of and entry
into this Agreement, nor its participation in any of the
committees referenced in
Article 2.4 of this Agreement, nor its participation in the
development and
implementation of any policies referenced in Article 2.11
of this Agreement
means that it is the Employer of any Employee or has a
Bargaining Relationship
with the CEP other than for the purposes of entering into
this Agreement;
- neither the Owner’s role in the Project, nor its
participation in any committees
referenced in Article 2.4 of this Agreement, nor its
participation in the
development and implementation of any policies referenced
in Article 2.11 of this
Agreement means that it is the Employer of any Employee, or
has a Bargaining
Relationship with any Union.
1.2.5 This Agreement only applies in respect of the
Project. Notwithstanding anything to the
contrary in this Agreement, neither HCML nor the Owner have
a Bargaining
Relationship with CEP beyond the scope of the Project and
this Agreement.
1.2.6 The Owner reserves the right to replace HCML as
principal contractor, or to designate
additional parties as principal contractors under the
provisions of Division 8. In the event
that HCML is replaced as, or as part of, a principal
contractor, all references to HCML in
this Agreement will be deemed to refer to the replacement,
and the replacement is bound
by this Agreement.
1.2.7 The Parties will support and comply with the
provisions of this Agreement and will not:
- take any action to challenge the validity of all, or
any part, of this Agreement or
any other Project Agreement; or
- take any steps to encourage or support others to
challenge the validity of all, or
any part, of this Agreement or any other Project Agreement.
1.2.8 Should the validity of this Agreement, or any part of
it, be challenged by anyone in
proceedings before the Alberta Labour Relations Board, or
any other competent court,
arbitrator, or other judicial or administrative body, the
Parties agree to take all necessary
steps to defend the validity of the Agreement, or that part
being challenged. Should a
declaration be made that all or any part of this Agreement
is invalid, the Parties agree to
take all necessary steps to cure that invalidity, including
effecting any amendments to the
Agreement, or entering into a new agreement
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