Certain Labor Matters. Except as set forth on Schedule 3.14.2 delivered hereunder:
(a) No Employee has formally indicated his or her intention to cancel or otherwise terminate his or her relationship with the Business or his or her relationship with Buyer after Closing;
(b) There are no unions representing the interests of any of the Employees and to the Knowledge of Seller, there are no such Employees seeking or attempting to organize other union representation;
(c) There are no other agreements between Seller and any labor organizations representing any of the Employees;
(d) There are neither pending nor, to the Knowledge of Seller, threatened any strikes, work stoppages, work disruptions or employment disruptions by any of the Employees;
(e) There are neither pending nor, to the Knowledge of Seller, threatened any Proceedings between Seller and any of the Employees;
(f) With respect to the Business and the Employees, during the past three (3) years each of Seller and Elecsys
(i) has complied in all respects with all Laws relating to the employment of labor, including any provisions thereof relating to wages, hours, collective bargaining and the payment of social security and similar Taxes, (ii) is not liable for any arrearages of wages or any Taxes or penalties for failure to comply with any of the foregoing, (iii) has not committed any material unfair labor practices, and (iv) has complied in all material respects with all applicable provisions of the Occupational Safety and Health Act of 1970 and regulations promulgated pursuant thereto, except in each case as would not have a Material Adverse Effect on the Business; and
(g) To the Knowledge of Seller, none of the Employees, within the three (3) year period prior to the date hereof, has filed any complaint relating to the Business or employment of such Employee with any governmental or regulatory authority or brought any action in law or in equity with respect thereto.
Certain Labor Matters. Except as may be set forth in Schedule 5.11, Seller is not a party to any employment agreement, bonus, severance or similar agreement with any employee at the Branches, except for employee benefit plans of general application. Seller is not a party to any union, collective bargaining or similar agreement covering employees at the Branches, and there has not been any written or oral communications to Seller from any labor union, labor relations board or tribunal or any person or organization purporting to represent present or past employees of Seller at the Branches.
Certain Labor Matters. No Subject Company is a party to, and none of the Employees are covered by, any collective bargaining agreement.
Certain Labor Matters. The Company is not a party to any collective bargaining agreement. To the Knowledge of Seller, there are no labor controversies pending against the Company which would reasonably be expected to have a Material Adverse Effect.
Certain Labor Matters. Seller is not a party to any employment agreement, severance or similar agreement with any of the Employees, except for the existence of Seller’s employee benefit plans of general application. There are no labor claims pending in any state or federal court of administrative agency involving the National Labor Relations Act which have been filed by or on behalf of any of the Employees, and to Seller’s Knowledge, no group, organization, or union has attempted to organize any of the Employees.
Certain Labor Matters. During the period from the date hereof to the Effective Time of Closing or earlier termination of this Agreement, the Sellers shall promptly notify the Buyer and keep Buyer informed, to Buyer's reasonable satisfaction, of any developments or changes relating to, and the status of any negotiations relating to, the collective bargaining agreements identified on Schedule 3.30. The Sellers shall provide notice to Buyer two (2) days prior to Closing that as of such date that no grievance of arbitration proceeding arising out of or under collective bargaining agreements is pending and, to the Knowledge of the Sellers, no claims therefor exist or have been threatened except as set forth on Schedule 3.30 or except as provided in such notice. Such notice shall be subject to and in accordance with Section 5.13.
Certain Labor Matters. None of the Subject Companies is a party to any collective bargaining agreement and there are no labor unions or other organizations representing, purporting to represent or, to the Knowledge of Seller, attempting to represent any employees of the Subject Companies. There is no pending or, to the Knowledge of Seller, threatened strike, slowdown, picketing, work stoppage, concerted refusal to work overtime or other similar labor activity with respect to any employees of the Subject Companies. To the Knowledge of Seller, there are no labor controversies pending against any of the Subject Companies which would reasonably be expected to have a Material Adverse Effect.
Certain Labor Matters. Except as set forth on Schedule 3.24, there is no organized labor strike, dispute, slowdown or stoppage, or collective bargaining or unfair labor practice claim pending or to the best knowledge of Seller, Seller's Parent and the PRC Companies, threatened against or affecting any PRC Company.
Certain Labor Matters. (i) To Seller's knowledge, each Operator is and has been in compliance with all applicable Laws respecting employment and employment practices at the Property (collectively, "Employment Laws").
(ii) To Seller's knowledge, no legal claim, cause of action, grievance, judgment or other adverse charge or decision of any kind (including any in the nature of employment discrimination of any type, breach of contract, wrongful discharge, retaliation, health, safety, child labor violations, workplace violence, or non-payment of wages, benefits or wage supplements), or any alleged breach of Employment Laws has been asserted or threatened against Seller or any Operator or any affiliate thereof in connection with the operation of the Property or the Business, nor is the internal investigation of any such matters currently pending.
(iii) Neither Seller nor, to Seller's knowledge, any Operator is subject to any consent decree, injunction or other form of court or administrative order relating to any practice relating to labor, collective bargaining, employment, civil rights, discrimination, affirmative action, or wage and hour issues.
(iv) No labor strike, picketing action, dispute, slowdown or stoppage or unfair labor practices are actually pending, or to Seller's knowledge, threatened against, or involving, Seller or any Operator or any of the Property or the Business.
(v) No Operator is a party to any collective bargaining agreement, and to Seller's knowledge, no collective bargaining agreement is currently being negotiated by any Operator. To Seller's knowledge, no petitions for representation have been filed against any Operator, any of the Property or the business operated thereon, nor have any demands been made for recognition and there are no attempts underway to organize or represent employees of any Operator.
(vi) To Seller's knowledge, neither Seller nor any Operator owes to any employee or former employee overtime pay (other than overtime pay for the current payroll period), wages or salary for any period other than the current payroll period, or any amount arising from any violation of any Law relating to the payment of wages, fringe benefits, wage supplements or hours of work.
Certain Labor Matters. Except as listed on Schedule 4.15 hereto, none of Seller's employees in the Business is currently represented by any unit or group as his or her representative for collective bargaining or other labor purposes. Seller is not currently, nor since January 1, 1995 has Seller been, involved in any labor discussion with any unit or group seeking to become the bargaining unit for any of its employees.
