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.

CBAs. If you render services or your Likeness is used in a Recording 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, the scale rates shall first be credited against that compensation; and • You acknowledge that TMNA 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.

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.

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.

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.

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. Xxxxx Xxxxxxxxxx, 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. Xxxxxxxxxx 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, Xxxxxxxxxx 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 Xxxxxxxxxx immediately for this violation ...

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 Certain of the Company's employees ("Bargaining Unit Employees") are represented by the International Association of Machinists and Aerospace Workers District No. 70 (the "Union"). The Union and the Company are parties to a collective bargaining agreement effective June 19, 1995 through June 14, 1998 (the "Collective Bargaining Agreement"). Buyer does not agree to assume the Collective Bargaining Agreement. Instead, prior to the Effective Time, Buyer will consult with the Union regarding modifications desired by Buyer to the Collective Bargaining Agreement to become effective at such time as Buyer becomes a successor employer under the National Labor Relations Act. At Buyer's election exercised by notice to the Company at the Closing, Buyer shall either (i) enter into a new collective bargaining agreement with the Union incorporating the modifications agreed to by the Buyer and the Union; or (ii) offer employment to substantially all Bargaining Unit Employees conditioned upon their acceptance of initial terms and conditions of employment as established by Buyer; provided, however, that any such initial terms and conditions of employment shall include the Bargaining Unit Employee's wage rate at the time of Closing. Buyer represents to the Company that following the Closing it will comply with any obligations Buyer may have under the National Labor Relations Act to recognize the Union. With respect to all other employees of the Business at the Effective Time (other than employees who were represented by the Union prior to the Effective Time), all such employees shall become employees of Buyer (it being understood that Buyer is not making any commitment to maintain such employees as employees for any specific period of time or at any specific pay or benefit levels, but at their base hourly or salaried pay rates at the Effective Time). With respect to all employees of the Business who become employees of the Buyer at the Effective Time, Buyer shall thereupon be solely responsible for all pay and benefits with respect to such employees for services rendered after the Effective Time. With respect to all employees of the Business at the Effective Time, Buyer shall also pay or otherwise satisfy all properly accrued and disclosed vacation, holiday and sick time due to employees of the Business at the Effective Time. After the Effective Time, Buyer shall also be responsible for any "COBRA" obligations for any current or former employees of the Business and their dependents. Buyer agrees to assume full responsibility for compliance with any plant closing or similar laws, including WARN Act notices, if any, which may be required as a result of employment losses caused by the transactions provided for herein or by reason of any events occurring at or after the Effective Time.
Contract Employees Contained in Annexure D.
Certain Employee Matters (a) Seller and the Acquired Companies shall take such action as is necessary such that the Acquired Companies shall, as of the Closing Date, cease being “participating employers” and shall cease any co-sponsorship and participation in each Seller Plan that is jointly adopted, sponsored or maintained by Seller and an Acquired Company. Except as otherwise expressly provided in this Section 4.6, the Acquired Companies shall have no further liability and Seller shall retain all liabilities with respect to claims incurred under any such Seller Plan prior to the Closing Date, whether such claims are made prior to, on or after the Closing Date. For this purpose claims under any medical, dental, vision, or prescription drug plan, generally will be deemed to be incurred on the date that the service giving rise to such claim is performed and not when such claim is made; provided, however, that with respect to claims relating to hospitalization the claim will be deemed to be incurred on the first day of such hospitalization and not on the date that such services are performed. Claims for disability under any long or short term disability plan shall be incurred on the date the employee or former employee is first absent from work because of the condition giving rise to such disability and not when the employee or former employee is determined to be eligible for benefits under the applicable Seller Plan. Notwithstanding anything to the contrary herein, Seller shall retain all liabilities under all Seller Plans, except as otherwise expressly provided in Section 4.6. For the avoidance of doubt, Seller shall retain all liabilities with respect to equity or equity-based awards under any Plan. Seller shall provide any continuation coverage required under Section 4980B of the Code, Part 6 of Title I of ERISA or applicable state Law (“COBRA”) to each “qualified beneficiary” as that term is defined in COBRA whose first “qualifying event” (as defined in COBRA) occurs on or prior to the Closing Date. The Acquired Companies shall retain responsibility for all accrued but unused vacation pay for each of their respective Acquired Company Employees (other than any Bank Channel Employees who become Acquired Company Employees). As soon as practicable, but in any event within five (5) Business Days following the Closing Date, Seller shall provide Buyer with a list setting forth, with respect to each Acquired Company Employee (other than any Bank Channel Employee who becomes an Acquired Company Employee) the number of days of accrued but unused vacation as of the Closing Date.
Company Employees Each Party shall not, directly or indirectly solicit for employment, any employee of the other Party who has been directly involved in the performance of this Agreement during the Term and for one year after the earlier of the termination or expiration of this Agreement or the termination of such individual's employment, with the other Party. It shall not be a violation of this provision if any employee responds to a Party's general advertisement of an open position.
Transferred Employees Effective as of the Closing Date, Purchaser or one of its Affiliates shall make an offer of employment to each Applicable Employee. Notwithstanding anything herein to the contrary and except as provided in an individual employment Contract with any Applicable Employee or as required by the terms of an Assumed Plan, offers of employment to Applicable Employees whose employment rights are subject to the UAW Collective Bargaining Agreement as of the Closing Date, shall be made in accordance with the applicable terms and conditions of the UAW Collective Bargaining Agreement and Purchaser’s obligations under the Labor Management Relations Act of 1974, as amended. Each offer of employment to an Applicable Employee who is not covered by the UAW Collective Bargaining Agreement shall provide, until at least the first anniversary of the Closing Date, for (i) base salary or hourly wage rates initially at least equal to such Applicable Employee’s base salary or hourly wage rate in effect as of immediately prior to the Closing Date and (ii) employee pension and welfare benefits, Contracts and arrangements that are not less favorable in the aggregate than those listed on Section 4.10 of the Sellers’ Disclosure Schedule, but not including any Retained Plan, equity or equity-based compensation plans or any Benefit Plan that does not comply in all respects with TARP. For the avoidance of doubt, each Applicable Employee on layoff status, leave status or with recall rights as of the Closing Date, shall continue in such status and/or retain such rights after Closing in the Ordinary Course of Business. Each Applicable Employee who accepts employment with Purchaser or one of its Affiliates and commences working for Purchaser or one of its Affiliates shall become a “Transferred Employee.” To the extent such offer of employment by Purchaser or its Affiliates is not accepted, Sellers shall, as soon as practicable following the Closing Date, terminate the employment of all such Applicable Employees. Nothing in this Section 6.17(a) shall prohibit Purchaser or any of its Affiliates from terminating the employment of any Transferred Employee after the Closing Date, subject to the terms and conditions of the UAW Collective Bargaining Agreement. It is understood that the intent of this Section 6.17(a) is to provide a seamless transition from Sellers to Purchaser of any Applicable Employee subject to the UAW Collective Bargaining Agreement. Except for Applicable Employees with non- standard individual agreements providing for severance benefits, until at least the first anniversary of the Closing Date, Purchaser further agrees and acknowledges that it shall provide to each Transferred Employee who is not covered by the UAW Collective Bargaining Agreement and whose employment is involuntarily terminated by Purchaser or its Affiliates on or prior to the first anniversary of the Closing Date, severance benefits that are not less favorable than the severance benefits such Transferred Employee would have received under the applicable Benefit Plans listed on Section 4.10 of the Sellers’ Disclosure Schedule. Purchaser or one of its Affiliates shall take all actions necessary such that Transferred Employees shall be credited for their actual and credited service with Sellers and each of their respective Affiliates, for purposes of eligibility, vesting and benefit accrual (except in the case of a defined benefit pension plan sponsored by Purchaser or any of its Affiliates in which Transferred Employees may commence participation after the Closing that is not an Assumed Plan), in any employee benefit plans (excluding equity compensation plans or programs) covering Transferred Employees after the Closing to the same extent as such Transferred Employee was entitled as of immediately prior to the Closing Date to credit for such service under any similar employee benefit plans, programs or arrangements of any of Sellers or any Affiliate of Sellers; provided, however, that such crediting of service shall not operate to duplicate any benefit to any such Transferred Employee or the funding for any such benefit. Such benefits shall not be subject to any exclusion for any pre-existing conditions to the extent such conditions were satisfied by such Transferred Employees under a Parent Employee Benefit Plan as of the Closing Date, and credit shall be provided for any deductible or out-of-pocket amounts paid by such Transferred Employee during the plan year in which the Closing Date occurs.
Shift Employees Employees who work rotating shift patterns or those who work qualifying shifts shall be entitled, on completion of 12 months employment on shift work, to up to an additional 5 days annual leave, based on the number of qualifying shifts worked. The entitlement will be calculated on the annual leave anniversary date. Qualifying shifts are defined as a shift which involves at least 2 hours work performed outside the hours of 8.00am to 5.00pm, excluding overtime. Number of qualifying shifts per annum Number of days additional leave per annum 121 or more 5 days 96 – 120 4 days 71 – 95 3 days 46 – 70 2 days 21 – 45 1 day
Auxiliary Employees (a) An auxiliary employee shall receive a letter of appointment clearly stating their employment status and expected duration of employment.
Collective Bargaining The School shall be subject to collective bargaining under Ch. 89, HRS, and shall comply with the master agreements as negotiated by the State; provided that the School may enter into supplemental collective bargaining agreements that contain cost and non-cost items to facilitate decentralized decision-making. The School shall provide a copy of any supplemental collective bargaining agreement to the Commission.

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