Criminal Actions Where an employee is charged with an offence resulting directly from the proper performance of his/her duties and is subsequently found not guilty, the employee shall be reimbursed for reasonable legal fees.
Civil Actions Except when the Joint Committee established under Article 28 considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of their duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.
CRIMINAL ACTIVITY If subsequent to the effectiveness of this Agreement, NYSERDA comes to know of any allegation previously unknown to it that the Contractor or any of its principals is under indictment for a felony, or has been, within five (5) years prior to submission of the Contractor’s proposal to NYSERDA, convicted of a felony, under the laws of the United States or Territory of the United States, then NYSERDA may exercise its stop work right under this Agreement. If subsequent to the effectiveness of this Agreement, NYSERDA comes to know of the fact, previously unknown to it, that Contractor or any of its principals is under such indictment or has been so convicted, then NYSERDA may exercise its right to terminate this Agreement. If the Contractor knowingly withheld information about such an indictment or conviction, NYSERDA may declare the Agreement null and void and may seek legal remedies against the Contractor and its principals. The Contractor or its principals may also be subject to penalties for any violation of law which may apply in the particular circumstances. For a Contractor which is an association, partnership, corporation, or other organization, the provisions of this paragraph apply to any such indictment or conviction of the organization itself or any of its officers, partners, or directors or members of any similar governing body, as applicable.
Civil Action except where a joint Union-Employer Committee considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of his/her duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.
Criminal History Applicants who have criminal convictions may be denied. Any crimes associated with drugs, violence, sex, property damage, and/or weapons may be grounds for automatic disqualification. Eligibility is dependent upon the level, disposition, and time since the crime occurred. Open cases for similar crimes may be grounds for denial. Credit. A credit check will be performed, and the following may be grounds for denial: past due or dishonored debt, the absence of a credit history, unpaid housing accounts, unpaid utility accounts.
CRIMINAL/CIVIL SANCTIONS 1. Each officer or employee of any person to whom returns or return information is or may be disclosed will be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized further disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC sections 7213 and 7431 and set forth at 26 CFR 301.6103(n)-1.
Occupational Health and Safety Act The Employer, the Union and the employees agree to be bound by the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c.7.
Compliance with Civil Rights Laws The Contractor hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17), to the end that no person shall, on the grounds of race, creed, color, sex, religion, ancestry, age, condition of physical handicap, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. The Contractor shall comply with Exhibit D - Contractor’s EEO Certification.
Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;
OCCUPATIONAL HEALTH AND SAFETY 47 22.1 Statutory Compliance 47 22.2 Occupational Health and Safety Committee 47 22.3 Unsafe Work Conditions 49 22.4 Investigation of Accidents 49 22.5 Occupational First Aid Requirements and Courses 49 22.6 Occupational Health and Safety Courses 50 22.7 Injury Pay Provisions 50 22.8 Transportation of Accident Victims 50 22.9 Working Hazards 51 22.10 Video Display Terminals 51 22.11 Safety Equipment 51 22.12 Dangerous Goods, Special Wastes and Pesticides & Harmful Substances 51 22.13 Communicable Diseases 51 22.14 Workplace Violence 51 22.15 Pollution Control 52 22.16 Working Conditions 52 22.17 Asbestos 52 22.18 Employee Safety Travelling to and from Work 52 22.19 Strain Injury Prevention 52 ARTICLE 23 - TECHNOLOGICAL CHANGE 53 23.1 Definition 53 23.2 Notice 53 23.3 Commencing Negotiations 53 23.4 Failure to Reach Agreement 53 23.5 Training Benefits 53 23.6 Transfer Arrangements 54 23.7 Severance Arrangements 54 ARTICLE 24 - CONTRACTING OUT 54 24.1 Contracting Out 54 24.2 Additional Limitation on Contracting Out 54 ARTICLE 25 - HEALTH AND WELFARE 55 25.1 Basic Medical Insurance 55 25.2 Benefit Entitlement for Part-Time Regular Employees 55 25.3 Extended Health Care Plan 55 25.4 Dental Plan 56 25.5 Group Life 56 25.6 Accidental Death and Dismemberment 56 25.7 Business Travel Accident Policy 57 25.8 WorkSafeBC Claim 57 25.9 Employment Insurance 57 25.10 Medical Examination 57 25.11 Legislative Changes 57 25.12 Employee and Family Assistance Program 57 (v) 25.13 Health and Welfare Plans 57 25.14 Designation of Spouse 58 ARTICLE 26 - WORK CLOTHING 58 26.1 Protective Clothing 58 26.2 Union Label 58 26.3 Uniforms 58 26.4 Maintenance of Clothing 58 26.5 Lockers 58
