Common use of Collective Bargaining Employees Clause in Contracts

Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers if: (a) retirement benefits were the subject of good faith bargaining; and (b) two percent or fewer of the employees covered by the agreement are "professional employees" as defined in Treas. Reg. §1.410(b)-9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 2 contracts

Samples: Participation Agreement (Nci Building Systems Inc), Plan and Trust Agreement (Finisar Corp)

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Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers if: (a) retirement benefits were the subject of good faith bargaining; and (b) two percent or fewer of the employees covered by the agreement are "professional employees" as defined in Treas. Reg. §1.410(b)-91.410(b) -9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 1 contract

Samples: Adoption Agreement (Knowles Corp)

Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining collective bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers employers, if: (a1) retirement benefits were the subject of good faith bargaining; and (b2) two percent or fewer less of the employees covered by the agreement are "professional employeesprofessionals" as defined in Treas. Reg. §1.410(b)-9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 1 contract

Samples: Participation Agreement (Petco Animal Supplies Inc)

Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining collective bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers if: (a1) retirement benefits were the subject of good faith bargaining; and (b2) two percent or fewer less of the employees covered by the agreement are "professional employeesprofessionals" as defined in Treas. Reg. §1.410(b)-9ss.1.410(b)-9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 1 contract

Samples: CRH Public LTD Co

Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining collective bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers employers, if: (a1) retirement benefits were the subject of good faith bargaining; and (b2) two percent or fewer less of the employees covered by the agreement are "professional employeesprofessionals" as defined in Treas. Reg. §ss. 1.410(b)-9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 1 contract

Samples: Bank of Granite Corp

Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining collective bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers employers, if: (a1) retirement benefits were the subject of good faith bargaining; and (b2) two percent or fewer less of the employees covered by the agreement are "professional employees" “professionals” as defined in Treas. Reg. §1.410(b)-9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 1 contract

Samples: Trimeris Inc

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Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers if: (a) retirement benefits were the subject of good faith bargaining; and (b) two percent or fewer of the employees covered by the agreement are "professional employees" as defined in Treas. Reg. §1.410(b)-91.410(b)‑9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 1 contract

Samples: Plan and Trust Agreement (Bob Evans Farms Inc)

Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining collective bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers if: (a1) retirement benefits were the subject of good faith bargaining; and (b2) two percent or fewer less of the employees covered by the agreement are "professional employees" “professionals” as defined in Treas. Reg. §1.410(b)-9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 1 contract

Samples: Defined Contribution Prototype Plan and Trust Agreement (MSC Software Corp)

Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude Collective Bargaining collective bargaining Employees from eligibility to participate, the exclusion applies to any Employee included in a unit of Employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers employers, if: (a1) retirement benefits were the subject of good faith bargaining; and (b2) two percent or fewer less of the employees covered by the agreement are "professional employeesprofessionals" as defined in Treas. Reg. §1.410(b)-9(S)1.410(b)-9, unless the collective bargaining agreement requires the Employee to be included within the Plan. The term "employee representatives" does not include any organization more than half the members of which are owners, officers, or executives of the Employer.

Appears in 1 contract

Samples: Adoption Agreement (Gold Banc Corp Inc)

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