CBAs Clause Samples

A CBAs (Collective Bargaining Agreements) clause defines the rights and obligations of the parties in relation to any existing or future collective bargaining agreements that may affect the employment terms of workers covered by the contract. This clause typically requires the parties to acknowledge the existence of such agreements, comply with their terms, and notify each other of any changes or negotiations that could impact the workforce. Its core practical function is to ensure that both parties are aware of and adhere to labor union agreements, thereby preventing conflicts and ensuring legal compliance with labor laws.
CBAs. Notwithstanding anything in this Agreement to the contrary, immediately following the Closing, Purchaser shall or shall cause its Affiliates to assume each Collective Bargaining Agreement and any and all Liabilities thereunder whether arising before, on or after the Closing and provide to the Transferred Employees who remain in the employment of Purchaser or any of its Affiliates (including the Purchased Entities) and whose employment is subject to a Collective Bargaining Agreement or National Collective Bargaining Agreement, terms and conditions of employment in accordance with such Collective Bargaining Agreement or National Collective Bargaining Agreement until its expiration, modification or termination in accordance with its terms and applicable Law.
View SourceView Similar (3)
CBAs. If you render services or your Likeness is used in Content or Materials subject to any talent collective bargaining agreement to which a Licensed Party has agreed to be bound (“CBA”): • You accept the minimum scale rates under the CBA to the extent payable, and if you receive other compensation for your services or the use of your Likeness and/or Content, the scale rates shall first be credited against that compensation; and • You acknowledge that Toyota shall cause the applicable pension and health payments (to the extent required) to be made directly to the applicable union plan based on the then-current allocation guidelines applicable to such CBAs.
View SourceView Similar (2)
CBAs. The use of LCAs has historically been popular in unionized employment settings. While the substance of the underlying agreement is likely the same irrespective of the employment setting, the parties involved in the LCA can impact the enforcement of the agreement. In the non-union setting where the aggrieved employee finds herself in court, the likelihood of her prevailing on her claim of wrongful termination or discrimination is lessened because courts, already overburneded with heavy dockets, typically strictly adhere to contract principles in evaluating the employer’s termination decision. However, in a unionized setting, the arbitrator views the circumstances through a different set of lenses. The arbitrator’s view of the world is one where progressive discipline and just cause dictate the outcome. In the view of the arbitrator, the employee always has more than one bite at the apple. Thus, in a unionzed setting, the use of the term “last” when referring to a last chance agreement can be a bit of misnomer. As has been demonstrated with the cases referenced in this paper, employees working in union settings are typically given multiple opportunities to challenge the LCA, and may even enter into several iterations of an LCA. For this reason, employers in a unionized setting have to be wise in their construciton of the agreement and then tenacious and resilient in their efforts to enforce the terms of the LCA. The case of Boise Cascade Corporation v. Paper Allied-Industrial, Chemical and Energy Workers (PACE), Local 7-0159, 309 F.3d 1075 (8th Cir. 2002), is a good one to examine both for a lesson in agreement construction for employers and as a guide to abitrators. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, the employee at issue in the Boise case, failed to call in or to report for work, and she missed 45 days of work in a 13 month period. She was placed on six months probation and required to sign a last chance agreement. ▇▇▇▇▇▇▇▇▇▇ did not grieve either the LCA or the written warnings that preceded it. She satisfied the conditions of the LCA and successfully completed the probationary period. Less than one year later, however, ▇▇▇▇▇▇▇▇▇▇ reported to work and a manager noticed that her breath smelled of alcohol, her speech was slurred, and her mannerisms were different. A urine test showed that her blood alcohol content was 0.28, or nearly three times the legal limit for operating a motor vehicle in Minnesota. Boise could have terminated ▇▇▇▇▇▇▇▇▇▇ immediately for this violation ...
View Source
CBAs. (a) The provisions of this Agreement, including the CBAs (which are available for review at the District office, and which are incorporated herein by reference), shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area, or national agreement which may conflict with or differ from the terms of this Agreement. However, this Agreement shall not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement, or within the jurisdiction of the International Union of Elevator Constructors and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, except that the provisions of this Agreement dealing with work stoppages, lock-outs, work assignments, jurisdictional disputes, and settlement of grievances and disputes shall apply to such work. It is agreed that no subsequent or successor agreement shall have precedence over this Agreement unless signed by all Parties who are then currently employed or represented at the Project. Where a subject covered by the provisions of this Agreement is also covered by a CBA, the provisions of this Agreement shall apply. Where a subject is covered by a provision of a CBA and not covered by this Agreement, the provisions of the CBA shall prevail. Any dispute for determining the wages, hours, or working conditions of workers on this Project shall be resolved under the procedures established herein. (b) It is understood that this Agreement, together with the referenced CBAs, constitutes a self-contained, stand-alone agreement, and by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area, or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign an uniformly applied, non-discriminatory Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such does not purport to bind the Contractor beyond the terms and conditions of this Agreement or expand its obligation to make contributions pursuant thereto). It shall be the responsibility ...
View Source
CBAs. From and after the Closing, the Business Companies shall continue to be obligated under the Collective Bargaining Agreements to the extent they relate to the Business Employees and be solely responsible for any and all liabilities thereunder arising after the Closing (including all obligations and liabilities pursuant to or related to any Multiemployer Plan relating to the contributions to be made by or on behalf of the Business Companies under such Collective Bargaining Agreements), and shall provide to the Continuing Employees whose employment is subject to a Collective Bargaining Agreement, terms and conditions of employment in accordance with such Collective Bargaining Agreement until its expiration, modification or termination in accordance with its terms and applicable Law.
View Source
CBAs. Seller hereby covenants that, from the date of this Agreement up to and including the date of Closing or earlier termination of this Agreement, Seller shall comply with and otherwise perform, in all material respects, each of the covenants and obligations of Seller under each of the CBAs.
View Source

Related to CBAs

  • Collective Bargaining Agreements This chapter shall be superseded by a collective bargaining agreement that expressly so provides.

  • Collective Bargaining Agreement The term “

  • Business Employees (a) Prior to the Closing, Seller shall update the information provided in Schedule 3.10(a)(i) as of the Closing Date. (b) As of the Closing Date, Buyer shall make offers of employment to at least the number of Business Employees of Seller set forth on Schedule 5.4(b) whom shall be specifically identified by Buyer prior to the Closing and whom shall include all Business Employees located in a country that has adopted the ARD Regulations in the event Buyer has made an offer of employment to one or more Business Employees in such country (such country, an “ARD Jurisdiction”), but shall not otherwise include any Business Employee located in any country that is an ARD Jurisdiction (the “Offered Employees”). Seller and any applicable Subsidiary shall cooperate and assist in facilitating Buyer’s or a Buyer Designee’s offers and will not take any action, or cause any of the Subsidiaries to take any action, which would impede, hinder, interfere or otherwise compete with Buyer’s or a Buyer Designee’s effort to hire any Business Employees. Promptly after the date hereof, Seller will provide to Buyer all information not provided in Schedule 3.10(a) required to be disclosed by applicable Law of the jurisdiction in which the Business Employee is located in connection with the sale of the Engenio Business. To the extent permitted by applicable Law, including data privacy and data protection Laws, Seller agrees to provide Buyer with such information reasonably requested by Buyer to assist it with complying with the terms of this Section 5.4 and to assist Buyer with determining the wages paid to the Transferred Employees (as defined below) with respect to the period beginning on January 1, 2011 and ending on the Closing Date. Seller shall be responsible for any employment action related to any Business Employee who is not an Offered Employee. To the extent any notification or consultation requirements or works council negotiation procedures are imposed by applicable Law with regard to the transfer of Business Employees to Buyer or any of its Affiliates, Seller and Buyer agree to cooperate to ensure that such notification or consultation requirements or works council negotiation procedures are timely completed. Without limiting the foregoing, each Party shall comply with all applicable Laws in connection with the transfer of the Offered Employees to Buyer or a Buyer Designee, including with respect to notice, consultation and other procedural requirements. The parties will enter into an Assignment and ▇▇▇▇ of Sale and Assumption Agreement or other appropriate documentation for relevant jurisdictions outside the United States where necessary or appropriate for the transfer of such Offered Employees and shall cooperate to complete all requisite consultation and related objection periods prior to the Closing Date. Any Offered Employee who accepts Buyer’s offer of employment and commences employment with Buyer or a Buyer Designee shall be referred to as a “Transferred Employee.” Employment of the Transferred Employees with Buyer or a Buyer Designee shall be effective as of the day following the close of business on the Closing Date; provided, that with respect to Offered Employees employed outside the European Union who, as of the Closing Date, are on Seller-approved leave (the “Leave Employees”), employment with Buyer or a Buyer Designee shall be effective as of (i) with respect to Leave Employees absent due to leave that is not protected under applicable Law, within 90 days after the Closing Date or (ii) with respect to Leave Employees absent due to protected leave under applicable Law, no later than the first Business Day following the end of the protected leave period. (c) Where terms are not dictated by applicable Law, Buyer or a Buyer Designee shall provide, or shall cause to be provided, to Transferred Employees, until at least March 31, 2012 during their employment with Buyer or a Buyer Designee, at a minimum, the same base salaries or, as applicable, base wage rates, offered by Seller or the applicable Subsidiary immediately prior to the Closing Date (but taking into account the 2011 salary increases) as set forth on Schedule 3.10(a)(i). Buyer or a Buyer Designee shall provide, or shall cause to be provided, to Transferred Employees either (at Buyer’s discretion) employee benefits that are no less favorable in the aggregate than either (i) those benefits provided to similarly situated employees of Buyer or the applicable Buyer Designee (taking into account employee’s seniority and service with Seller or Buyer or their respective Affiliates, as applicable) or (ii) the employee benefits that they were offered by Seller or the applicable Subsidiary immediately prior to the Closing Date as set forth on Schedule 3.10(b). Except as expressly set forth in this Section 5.4, no Benefit Plans or assets of any Benefit Plan shall be transferred to Buyer or any Affiliate of Buyer. Buyer will take all action necessary to ensure that, to the extent permitted under applicable Buyer or Buyer Designee Benefit Plans, such Benefit Plans shall recognize (i) for purposes of satisfying any deductibles, co-pays and out-of-pocket maximums during the coverage period that includes the Closing Date, any payment made by any Transferred Employee towards deductibles, co-pays and out-of-pocket maximums in any health or other insurance plan of Seller or a Subsidiary during the coverage period that includes the Closing Date and (ii) for purposes of determining eligibility to participate and vesting and, in the case of any Buyer severance plan or program (if any), benefit accruals, all service with Seller or a Subsidiary prior to the Closing, including service with predecessor employers that was recognized by Seller or a Subsidiary, provided that such service shall not be recognized to the extent such recognition would result in a duplication of benefits. Buyer or the applicable Buyer Designee will continue to provide tuition assistance to those Transferred Employees who are receiving such benefits as of the Closing Date for the current academic session, in each case as set forth on Schedule 5.4(c). Buyer or the applicable Buyer Designee will honor the terms and conditions of Seller’s international assignee program, including repatriation upon completion of assignment, completion bonuses, Tax equalization and Tax return preparation, with respect to Transferred Employees who are on international assignment as of the Closing Date, in each case as set forth on Schedule 5.4(c), except that these costs shall be allocated between the parties based on the portion of the international assignment occurring before or on the Closing Date (which shall be Seller’s or the applicable Subsidiary’s obligation) and after the Closing Date (which shall be Buyer’s or the applicable Buyer Designee’s obligation). (d) Seller and Buyer intend that the transactions contemplated by this Agreement shall not constitute a severance of employment, under the terms of any Benefit Plan of Seller of any Subsidiary, of any Transferred Employee prior to or upon the consummation of the transactions contemplated hereby and that such employees will have continuous and uninterrupted employment immediately before and immediately after the Closing Date. Notwithstanding anything to the contrary in this Agreement, Buyer shall provide, at a minimum, severance benefits substantially equivalent to the benefits contained in the plans listed or as described on Schedule 5.4(d) to Transferred Employees whose employment is terminated involuntarily by Buyer on or before March 31, 2012 other than terminations in circumstances that would not require payments of severance benefits under Seller’s severance plan. (e) To the extent permitted under applicable Buyer Benefit Plans, (i) Buyer shall use commercially reasonable efforts to waive any pre-existing condition exclusion (to the extent such exclusion was waived under applicable health and Welfare Plans offered to the Transferred Employees by Seller or a Subsidiary) and proof of insurability, and (ii) the medical and dental plans maintained by Buyer and any Affiliate of Buyer shall recognize as dependents of the Transferred Employees the dependents recognized by Seller’s or the applicable Subsidiary’s medical and dental plans. (f) As soon as practicable following the Closing Date, Buyer shall cause one or more defined contribution savings plans intended to qualify under sections 401(a) and 401(k) of the Code (the “Buyer Savings Plan”) to provide for the receipt of Transferred Employees’ lump sum cash distributions, in the form of an eligible rollover distribution from the LSI Corporation 401(k) Plan, provided such rollovers are made at the election of the Transferred Employees and in accordance with the terms of the Buyer Savings Plan. Seller shall cause the LSI Corporation 401(k) Plan to fully vest Transferred Employees in their accounts immediately prior to the Closing and permit the Transferred Employees to elect a lump sum cash distribution of benefits accrued through the Closing Date in accordance with the Code. (g) Seller shall make and be responsible for incentive compensation payments, if any, earned by the Transferred Employees for the period from January 1, 2011 to and including the Closing Date under the applicable incentive plans in effect for any such period (including any pro rata amount with respect to such period under a plan or program ending or vesting on or after the Closing Date). Buyer shall not assume or otherwise become liable for, and Seller shall not transfer to Buyer, any liabilities of Seller with respect to accrued but unused vacation and sabbatical leave (collectively, the “Accrued Amounts”). At the Closing, Seller shall pay to each Transferred Employee the Accrued Amount with respect to such Transferred Employee; provided, that with respect to Transferred Employees in the European Union, Seller shall pay to Buyer each such Transferred Employee’s applicable Accrued Amount, including for the avoidance of doubt, any applicable employee’s and employer’s social contributions, in each case to the extent required pursuant to applicable Law. (h) As soon as practicable following the Closing, Seller shall provide Buyer with a schedule setting forth the number of employees and the work location of each employee of Seller or any Subsidiary in the United States who terminated employment within the ninety (90) day period prior to the Closing Date. (i) Notwithstanding anything herein to the contrary, nothing in this Agreement shall require Buyer or a Buyer Designee to employ any Business Employees, or to employ any Transferred Employee on anything other than an at-will basis, terminable at any time with or without cause unless required otherwise under applicable Law. Nothing in this Section 5.4, expressed or implied, shall confer upon any employee or former employee of Seller or any Subsidiary or related entities (including, without limitation, the Transferred Employees) any rights or remedies (including, without limitation, any right to employment or continued employment for any specified period) of any nature or kind whatsoever, under or by reason of this Section 5.4. It is expressly agreed that the provisions of this Section 5.4 are not intended to be for the benefit of or otherwise be enforceable by, any third party, including, without limitation, any Transferred Employees. No provision of this Section 5.4 shall create any rights in any such persons in respect of any benefits that may be provided under any Benefit Plan or any plan or arrangement which may be established or maintained by Buyer, shall be construed to establish, amend, or modify an Benefit Plan or any other benefit plan, program, agreement or arrangement nor shall require Seller, Buyer or any Affiliate of Seller or Buyer to continue or amend any particular benefit plan and any such plan may be amended or terminated in accordance with its terms and applicable Law. (j) Seller or a Subsidiary shall use reasonable commercial efforts to cause each Transferred Employee located in India to enter into a general release of claims against Seller in customary form.

  • Contract Employees Contained in Annexure D.

  • Certain Employee Matters (a) As soon as reasonably practicable following the date hereof, Seller shall provide Purchaser reasonable access during normal working hours to active employees of Seller performing services with respect to the Business (“Seller Employees”) to enable Purchaser to discuss compensation terms and present offers or employment or service to such employees. (b) Purchaser may, in its sole discretion, offer employment to Seller Employees commencing as of the Manufacturing Closing (each Seller Employee who executes and delivers to the Purchaser such an offer of employment, a “Transferred Employee”). With respect to any Seller Employee who receives an offer of employment from Purchaser prior to the Manufacturing Closing Date, Seller shall assist Purchaser with its efforts to enter into an offer letter with such employee as soon as reasonably practicable after the date hereof and in any event prior to the Manufacturing Closing Date. Notwithstanding any of the foregoing, Purchaser shall not have any obligation to make an offer of employment to any Seller Employee. Purchaser agrees that Purchaser will not, directly or indirectly, solicit, encourage or attempt to solicit or encourage to cease to work with Seller any Seller Employee for employment with Purchaser commencing prior to the Manufacturing Closing Date without the consent of Seller, which consent shall not be unreasonably withheld. (c) From and after the Technology Closing Date or the Manufacturing Closing Date, as applicable, Purchaser shall recognize each Transferred Employee’s original hire date with Seller and prior service with Seller (as recognized by Seller immediately prior to the Technology Closing Date or the Manufacturing Closing Date, as applicable) as service with Purchaser for purposes of eligibility to participate in, and determining vesting and any accrued benefits based on length of service under, Purchaser’s employee benefit plans, policies, arrangements and payroll policies, including vacation benefits. (d) Seller shall make employment files of the Seller Employees available for inspection by Purchaser, to the extent permitted by and in accordance with applicable law. (e) Seller shall, at Purchasers request, accelerate the vesting of any Seller Options held by one or more Transferred Employees at or following the Technology Closing on the terms and subject to the conditions as Purchaser shall reasonably request and in a manner consistent with the applicable plan option agreements and related documents.