Common use of Employment Issues Clause in Contracts

Employment Issues. As of the date of this Agreement, (a) there is no labor strike, dispute, slowdown, stoppage or lockout actually pending, or, to the Company’s Knowledge, threatened against the Company or any Subsidiary by a union or labor organization, and during the past three (3) years there has not been any such action, (b) to the Company’s Knowledge, no union claims to represent the employees of the Company or any Subsidiary, (c) neither the Company nor any Subsidiary is a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of the Company or any Subsidiary, (d) none of the employees of the Company or any Subsidiary is represented by any labor organization and the Company does not have any Knowledge of any current union organizing activities among the employees of the Company or any Subsidiary, nor is there a question concerning whether representation exists concerning such employees, (e) the Company and its Subsidiaries are, and for the past three years have been, in material compliance with all applicable Laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and are not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable Law, (f) there is no unfair labor practice charge or complaint against the Company or any Subsidiary pending or, to the Knowledge of the Company, threatened before the National Labor Relations Board or any similar state or foreign agency, (g) there is no grievance arising out of any collective bargaining agreement or other grievance procedure, (h) to the Company’s Knowledge, no charges with respect to or relating to the Company or any Subsidiary are pending before the Equal Employment Opportunity Commission, the Department of Labor or any other agency responsible for the prevention of unlawful employment practices, (i) neither the Company nor any Subsidiary has received notice of the intent of any federal, state, local or foreign agency responsible for the enforcement of labor or employment Laws to conduct an investigation with respect to or relating to the Company or any Subsidiary and, to the Company’s Knowledge, no such investigation is in progress, (j) there are no complaints, lawsuits or other Proceedings pending or, to the Company’s Knowledge, threatened in any forum by or on behalf of any present or former employee of the Company or any Subsidiary alleging breach of any express or implied contract of employment, any Law governing employment or the termination thereof or other discriminatory, wrongful or tortious conduct in connection with the employment relationship and (k) to the Company’s Knowledge, neither the Company nor any Subsidiary has any outstanding liability under the Worker Adjustment and Retraining Act of 1998 as a result of any action by the Company or any of its Subsidiaries. To the Knowledge of the Company, as of the date hereof, no Executive Officer or other key employee of the Company or any Subsidiary is subject to any noncompete, nonsolicitation, nondisclosure, confidentiality, employment, consulting or similar agreement relating to, affecting or in conflict with the present business activities of the Company and its Subsidiaries, except agreements between the Company or any Subsidiary and its present and former officers and employees. To the Company’s Knowledge, no officer, employee, agent or consultant of the Company or any of its Subsidiaries is in material violation of any material term of any employment, consultant, non-disclosure, non-competition, confidentiality or other similar agreement.

Employment Issues. As of the date of this Agreement, (a) there is no labor strike, dispute, slowdown, stoppage or lockout actually pending, or, to the Knowledge of the Company’s Knowledge, threatened against the Company or any Subsidiary by a union or labor organizationSubsidiary, and during the past three (3) years there has not been any such action, (b) to the Knowledge of the Company’s Knowledge, no union claims to represent the employees of the Company or any Subsidiary, (c) neither the Company nor any Subsidiary is a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of the Company or any Subsidiary, (d) none of the employees of the Company or any Subsidiary is represented by any labor organization and the Company does not have any Knowledge of any current union organizing activities among the employees of the Company or any Subsidiary, nor is there a question concerning whether representation exists concerning such employees, (e) the Company and its Subsidiaries are, and for the past three years have been, in material compliance with all applicable Laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and are not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable Law, (f) there is no unfair labor practice charge or complaint against the Company or any Subsidiary pending or, to the Knowledge of the Company, threatened before the National Labor Relations Board or any similar state or foreign agency, (g) there is no grievance arising out of any collective bargaining agreement or other grievance procedure, (h) to the Company’s Knowledge, no charges with respect to or relating to the Company or any Subsidiary are pending before the Equal Employment Opportunity Commission, the Department of Labor Commission or any other agency responsible for the prevention of unlawful employment practices, (i) neither the Company nor any Subsidiary has received notice of the intent of any federal, state, local or foreign agency responsible for the enforcement of labor or employment Laws to conduct an investigation with respect to or relating to the Company or any Subsidiary and, to the Company’s Knowledge, and no such investigation is in progress, progress and (j) there are no complaints, lawsuits or other Proceedings pending or, to the Knowledge of the Company’s Knowledge, threatened in any forum by or on behalf of any present or former employee of the Company or any Subsidiary alleging breach of any express or implied contract of employment, any Law governing employment or the termination thereof or other discriminatory, wrongful or tortious conduct in connection with the employment relationship and (k) to the Company’s Knowledge, neither the Company nor any Subsidiary has any outstanding liability under the Worker Adjustment and Retraining Act of 1998 as a result of any action by the Company or any of its Subsidiariesrelationship. To the Knowledge of the Company, as of the date hereof, no Executive Officer executive officer or other key employee of the Company or any Subsidiary is subject to any noncompete, nonsolicitation, nondisclosure, confidentiality, employment, consulting or similar agreement relating to, affecting or in conflict with the present business activities of the Company and its Subsidiaries, except agreements between the Company or any Subsidiary and its present and former officers and employees. To the Company’s Knowledge, no officer, employee, agent or consultant of the Company or any of its Subsidiaries is in material violation of any material term of any employment, consultant, non-disclosure, non-competition, confidentiality or other similar agreement.