Venue and Jurisdiction Any claim, action, suit or proceeding between Agency (or any other agency or department of the State of Oregon) and Contractor that arises from or relates to this Contract must be brought and conducted solely and exclusively within the Circuit Court of Xxxxxx County for the State of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. In no event may this section be construed as (i) a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim, action, suit or proceeding, or (ii) consent by the State of Oregon to the jurisdiction of any court.
RECOGNITION AND JURISDICTION The Employer recognizes the Union as the sole and exclusive collective bargaining agent for all employees who are engaged in the receiving, cutting, grinding, slicing, curing, displaying, preparing, processing, seal ing, wrapping, bagging, pricing, prefabricating and selling of all meat products, sausage, poultry, rabbits, fish and seafood products, canned hams, bacon, pork loins and picnics, whether such products are fresh, frozen, chilled, cooked, cured, smoked or barbecued, including those employees operating equipment used in wrapping, cubing, tenderizing of such meat products ( and who perform their duties in all areas where such M products are prepared, displayed and offered for retail 3 sale in service or self-service cases located in retail markets that are presently owned, leased, acquired, operated or supervised "by -the Employer during the period of this Agreement. All services as indicated .above shall be performed by employees covered by this Agreement. *■ The foregoing provision is not intended and will not be interpreted to prevent Employer from follow ing practices in or out of its stores which have been followed in the past by a store covered by a Greater Kansas City Retail Meat Cutters Contract, which ex pired October 3, 1965, and it is not intended by this provision to prevent the Employer from cutting, pack aging or otherwise handling meat at a central point in Greater Kansas City if the work previously per formed at the Employer’s store would be performed by members of the Union under a contract stipulating the rates provided for in this contract with hours and working conditions tailored to fit the operation. It shall not be required to price merchandise which has only a UPC label on it in stores equipped with scanners. The above language does not allow use of pre-priced merchandise with a price stated in dollars or cents but does allow sale of merchandise with only the UPC label imprinted by the supplier or manufac turer. Meat merchandisers and meat supervisors may handle the product when working along with a meat cutter for the purpose of training and supervision within store.
