Notice of Lay-off 16.01 In the event of a proposed layoff, the Employer shall:
(a) provide the Union with no less than 6 months written notice of the proposed layoff or elimination of position; and
(b) provide to the affected employee(s), if any, who will be laid off or whose job will be eliminated, with no less than four (4) months written notice of layoff, or pay in lieu thereof.
(c) provide the Union Representative with available space and time, if scheduled to work, to meet with the employee on the date the notice of layoff is given.
Lay-Off An employee who has one year or more of continuous employment and who is laid off is entitled to be paid severance pay.
Choice of Law; Venue This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Xxxxxx County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
Effects of Layoff 15.6.1 Upon request of the Association within five (5) working days, the parties shall meet and negotiate upon the specific impact of such layoff upon bargaining unit members to the extent that such matters are within the lawful scope of representation, and is not specified within this Agreement. It is agreed and understood that the District has the right to implement layoffs pursuant to this Article even though the parties may not have concluded the above bargaining concerning the impact of such layoffs. Nothing in this article shall preclude either party from requesting and commencing negotiations on any effects of layoff.
15.6.2 The District shall not transfer work of the bargaining unit to certificated, confidential, management or supervisory employees, or to volunteers, prisoners, or substitute employees or to other bargaining unit employees in different classifications or sub contract out the bargaining unit work performed by laid off employees or employees who have suffered a reduction in hours/work year.
15.6.3 Any extra hours that become available in a classification that has suffered a layoff, causing an employee to return to a lower classification or reduction in hours due to layoff, shall be given to any employee within that classification who has suffered such layoff or reduction in hours. Awarded hours will be rotated between all affected employees based on seniority until made whole, after which, extra hours will be given on the normal seniority rotation.
15.6.4 The District shall not increase the current and existing workload of remaining bargaining unit employees. This does not preclude the changes to assignments within the classification.
15.6.5 The District may use volunteers and/or students to enhance its educational program but not permit displacements of classified employees nor to allow the District to utilize volunteers in lieu of regular employees during an actual layoff.
15.6.6 Benefited employees who are laid off or who are reduced in hours/work year shall be offered the opportunity to purchase health and welfare benefits subject to carrier rules and/or COBRA in the event of a layoff if the layoff would make them ineligible for health and welfare benefits. This information will be provided by insurance carrier.
15.6.7 Employees placed on the 60 day layoff notice may use available paid personal leave to seek alternative employment.
15.6.8 In the event of the layoff of bus drivers, the District agrees to allow laid off drivers to participate in in-service trainings in order to keep their certificate current. The District will provide requalification training at the time of reinstatement to Red Bluff Joint Union High School District (if necessary).
Choice of Laws Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles.
Jury Leave In keeping with the policy that an employee not suffer a loss of pay while serving as a juror, the remuneration to be received by the employee on any working day the employee reports for or serves on jury duty shall be regular rate of pay for the day less jury duty fees receivable for that day.
CHOICE OF LAW & FORUM The state courts of Wisconsin shall be the sole forum for all disputes arising of this Contract. The validity, construction, enforcement and effect of this Contract shall be governed solely by the laws of the State of Wisconsin.
Venue and Choice of Law In the event of litigation concerning this agreement, venue shall be in the First Judicial District, Xxxxx and Xxxxx County, Montana, and this agreement shall be governed by the laws of the State of Montana both as to interpretation and performance.
Choice of Law; Arbitration (a) Notwithstanding the place where this Agreement may be executed by any of the parties hereto, the parties expressly agree that all the terms and provisions hereof shall be construed under the laws of the State of Delaware, including the Delaware Act without regard to the conflict of law principles of such State.
(b) To the extent such action is consistent with the provisions of the 1940 Act and any other applicable law, except as provided in Section 8.11(b) of this Agreement, each Member agrees to submit all controversies arising between or among Members or one or more Members and the Company in connection with the Company or its businesses or concerning any transaction, dispute or the construction, performance or breach of this Agreement or any other agreement relating to the Company, whether entered into prior to, on or subsequent to the date of this Agreement, to arbitration in accordance with the provisions set out in this Section 8.6. EACH MEMBER UNDERSTANDS THAT ARBITRATION IS FINAL AND BINDING ON THE MEMBERS AND THAT THE MEMBERS IN EXECUTING THIS AGREEMENT ARE WAIVING THEIR RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL.
(c) Controversies will be finally settled by, and only by, arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”) to the fullest extent permitted by law. The place of arbitration will be New York, New York. Any arbitration under this Section 8.6 will be conducted before a panel of three arbitrators. The Member or Members initiating arbitration under this Section 8.6 will appoint one arbitrator in the demand for arbitration. The Member or Members against whom or which arbitration is sought will jointly appoint one arbitrator within 30 business days after notice from the AAA of the filing of the demand for arbitration. The two arbitrators nominated by the Members will attempt to agree on a third arbitrator within 30 business days of the appointment of the second arbitrator. If the two arbitrators fail to agree on the third arbitrator within the 30-day period, then the AAA will appoint the third arbitrator within 30 business days following the expiration of the 30-day period. Any award rendered by the arbitrators will be final and binding on the Members, and judgment upon the award may be entered in the supreme court of the state of New York and/or the U.S. District Court for the Southern District of New York, or any other court having jurisdiction over the award or having jurisdiction over the Members or their assets. The arbitration agreement contained in this Section 8.6 will not be construed to deprive any court of its jurisdiction to grant provisional relief (including by injunction or order of attachment) in aid of arbitration proceedings or enforcement of an award. In the event of arbitration as provided in this Section 8.6, the arbitrators will be governed by and will apply the substantive (but not procedural) law of Delaware, to the exclusion of the principles of the conflicts of law of Delaware. The arbitration will be conducted in accordance with the procedures set out in the commercial arbitration rules of the AAA. If those rules are silent with respect to a particular matter, the procedure will be as agreed by the Members, or in the absence of agreement among or between the Members, as established by the arbitrators. Notwithstanding any other provision of this Agreement, this Section 8.6(c) will be construed to the maximum extent possible to comply with the laws of the State of Delaware, including the Uniform Arbitration Act (10 Del. C. (S) 5701 et seq.) (the “Delaware Arbitration Act”). If, nevertheless, it is determined by a court of competent jurisdiction that any provision or wording of this Section 8.6(c), including any rules of the AAA, are invalid or unenforceable under the Delaware Arbitration Act or other applicable law, such invalidity will not invalidate all of this Section 8.6(c). In that case, this Section 8.6(c) will be construed so as to limit any term or provision so as to make it valid or enforceable within the requirements of the Delaware Arbitration Act or other applicable law, and, in the event such term or provision cannot be so limited, this Section 8.6(c) will be construed to omit such invalid or unenforceable provision.
Choice of Law; Choice of Forum This Agreement shall be interpreted in accordance with and governed by the Law of the Commonwealth of Massachusetts. The courts of the Commonwealth of Massachusetts and the United States District Court for the Commonwealth of Massachusetts shall have exclusive jurisdiction to settle any Claim. Each Party submits to the exclusive jurisdiction of such courts and waives to the fullest extent permitted by Law all rights to a trial by jury.
