Common use of Significantly Clause in Contracts

Significantly. the district court's decision permits the Department either to certify the grants at issue or to deny certification. The court did not direct that the Department certify the grants, although the plaintiffs had requested that relief. See Dist. Ct. Doc. 54-1 at 2, 20 (memorandum in support of plaintiffs' motion for partial summary judgment). The court also did not preclude the Department from relying on either section 13(c)(1) or section 13(c)(2) if the Department again decided against certification. Instead, the court identified perceived deficiencies in the Department's stated reasoning for previously denying certification. Under section 13(c)(2), the court concluded that the Department should not have reflexively applied ▇▇▇▇▇▇▇ or equated pensions with defined benefit plans and should have considered that rights under state law form a backdrop for collective bargaining negotiations and the realities of public sector collective bargaining. Under section 13(c)(1), the court concluded that the Department should not have decided for itself, based on distinguishable NLRA decisions, that ▇▇▇▇▇▇'s collective bargaining agreement covered new employees when bargaining here was constrained by ▇▇▇▇▇ and the agreement, in the court's view, defines the bargaining unit as employees that have already started working in SacRTD's service. Accordingly, and in light of the district court's remand decision, I hereby set out an analysis of sections 13(c)(1) and (2) that does not rely on ▇▇▇▇▇▇▇ or equate pensions with defined benefit plans. I then address decisions holding that rights under state law form a backdrop to collective bargaining and the realities of collective bargaining. I conclude that ▇▇▇▇▇▇'s application of PEPRA prevents the "continuation of collective bargaining" as that phrase is used in section 13(c)(2). I also conclude, as an independent reason for denying certification, that ▇▇▇▇▇▇'s application of PEPRA prevents "the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements," contrary to section 13(c)(1).