Collective Bargaining Employees Sample Clauses

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.
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Collective Bargaining Employees. Except for employees who may be represented by the Central States Petroleum Union, no Affected Employee is a Represented Employee. The Client or the Appropriate Affiliate shall have any and all duties and obligations, imposed by terms of the collective bargaining agreement or by law, to negotiate with the labor organization that represents the Represented Employees with respect to the effects of the transactions contemplated by this Agreement on the Represented Employees. The Client or the Appropriate Affiliate shall indemnify and hold the Exult Supplier harmless from all liability, cost and expense with respect to the foregoing duties and obligations to Represented Employees and any additional Staff Costs resulting from such negotiations.
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Collective Bargaining Employees. (a) Upon the Closing, and ------------------------------- to the extent consistent with its obligations under the Collectively Bargained Agreements (as defined herein), Armkel shall make available to C&D a sufficient number of (i) certain production employees ("Production Employees") who are -------------------- covered under the collective bargaining agreement (the "Production CBA") between -------------- Armkel and the Paper, Allied-Industrial, Chemical and Energy Workers International Union, AFL-CIO, CLC and its Local 2-5570 (the "Union") to operate ----- the APD Product Lines operations at the Facility and (ii) certain quality control employees ("QC Employees", and together with Production Employees, the ------------ "Collective Bargaining Employees") who are covered under the collective ------------------------------- bargaining agreement (the "QC CBA," and collectively, with the Production CBA, ------ the "Collectively Bargained Agreements") between the Union and Armkel to --------------------------------- perform, at the direction of C&D's employees, certain quality control functions with respect to the APD Product Lines consistent with past practice at the Facility. As of the date of this Agreement, C&D estimates that it will require 78 Production Employees and 15 QC Employees. C&D will update such estimates monthly during the term that Manufacturing Services are provided. (b) Subject to the Collectively Bargained Agreements and the Transition Services Agreement, dated as of the Closing Date, between Armkel and CW (the "Transition Services Agreement"), C&D shall have priority rights to ----------------------------- choose which skilled or partially qualified Collective Bargaining Employees are made available to it by Armkel. (c) C&D will use its best efforts to provide Armkel with 30 days' prior written notice if it shall require that Armkel reduce or increase the number of Collective Bargaining Employees it is providing to C&D, but Armkel shall be required to provide additional Collective Bargaining Employees to C&D only if Armkel has such Collective Bargaining Employees available to it and to the extent consistent with its obligations under the Collectively Bargained Agreements and the Transition Services Agreement. (d) No Collective Bargaining Employee and no employee of Armkel performing Manufacturing Services for C&D at the Facility shall be deemed to be an employee of C&D; provided, however, that no Collective Bargaining -------- Employee and...
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Collective Bargaining Employees. If an individual's employment with the Employer is covered by a collective bargaining agreement and if retirement benefits were a subject of good faith bargaining between the Employer and the individual's collective bargaining representative, the individual shall not be eligible to be a Participant hereunder unless so specified in the collective bargaining agreement.
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Collective Bargaining Employees. 1.21(D)(1)
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Collective Bargaining Employees. Each Employee who is a member of a collective bargaining unit shall not be eligible to participate in this Plan unless the collective bargaining agreement provides otherwise. An Employee is a member of a collective bargaining unit if the Employee is 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 there is evidence that retirement benefits were the subject of good faith bargaining between the Employee representatives and the employer or employers. The term "Employee representatives" does not include an organization of which more than one-half ( 1/2) the members are owners, officers, or executives of the Employer. . Nonresident aliens who do not receive any earned income (as defined in Code Section 911(d)(2)) from the Employer which constitutes United States source income (as defined in Code Section 861(a)(3)). . Individuals classified by the Employer as Leased Employees, whether or not subsequently determined to be Employees of the Employer for purposes of the Internal Revenue Code. . Individuals classified by the Employer as Independent Contractors, whether or not subsequently determined to be Employees of the Employer for purposes of the Internal Revenue Code.
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Collective Bargaining Employees. Employees covered by a union agreement and whose retirement benefits were bargained for in good faith by the Employees’ union and the employer.
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Collective Bargaining Employees. If the Employer elects in its Adoption Agreement to exclude collective bargaining Employees from eligibility to participate for purposes other than making Elective Deferrals, 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: (1) retirement benefits were the subject of good faith bargaining; and (2) 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. Regardless of the preceding, the Employer may elect in its Adoption Agreement to exclude collective bargaining Employees from eligibility to participate for purposes of making Elective Deferrals if the Employer maintains another plan that satisfies the universal availability requirements of Code §403(b)(12).
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Collective Bargaining Employees. Notwithstanding any provision in this Agreement to the contrary, a bargaining unit employee of any Service Provider who is covered by a collective bargaining agreement will not be obligated to perform any Services under this Agreement unless either (a) the Service Provider interprets those Services to be consistent with the applicable collective bargaining agreement; or (b) if the Service Provider is able to negotiate and agree with the collective bargaining representative(s) of the bargaining unit employee(s) asked to perform those services, which may require incurring additional costs to the Service Provider, and which are approved in advance by the Service Recipient.
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Related to Collective Bargaining Employees

  • Collective Bargaining Agreement The term “

  • Shift Employees Employees who work rotating shift patterns or those who work qualifying shifts shall be entitled, on completion of 12 months employment on shift work, to up to an additional 5 days annual leave, based on the number of qualifying shifts worked. The entitlement will be calculated on the annual leave anniversary date. Qualifying shifts are defined as a shift which involves at least 2 hours work performed outside the hours of 8.00am to 5.00pm, excluding overtime. Number of qualifying shifts per annum Number of days additional leave per annum 121 or more 5 days 96 – 120 4 days 71 – 95 3 days 46 – 70 2 days 21 – 45 1 day

  • Transferred Employees Effective as of the Closing Date, Purchaser or one of its Affiliates shall make an offer of employment to each Applicable Employee. Notwithstanding anything herein to the contrary and except as provided in an individual employment Contract with any Applicable Employee or as required by the terms of an Assumed Plan, offers of employment to Applicable Employees whose employment rights are subject to the UAW Collective Bargaining Agreement as of the Closing Date, shall be made in accordance with the applicable terms and conditions of the UAW Collective Bargaining Agreement and Purchaser’s obligations under the Labor Management Relations Act of 1974, as amended. Each offer of employment to an Applicable Employee who is not covered by the UAW Collective Bargaining Agreement shall provide, until at least the first anniversary of the Closing Date, for (i) base salary or hourly wage rates initially at least equal to such Applicable Employee’s base salary or hourly wage rate in effect as of immediately prior to the Closing Date and (ii) employee pension and welfare benefits, Contracts and arrangements that are not less favorable in the aggregate than those listed on Section 4.10 of the Sellers’ Disclosure Schedule, but not including any Retained Plan, equity or equity-based compensation plans or any Benefit Plan that does not comply in all respects with TARP. For the avoidance of doubt, each Applicable Employee on layoff status, leave status or with recall rights as of the Closing Date, shall continue in such status and/or retain such rights after Closing in the Ordinary Course of Business. Each Applicable Employee who accepts employment with Purchaser or one of its Affiliates and commences working for Purchaser or one of its Affiliates shall become a “Transferred Employee.” To the extent such offer of employment by Purchaser or its Affiliates is not accepted, Sellers shall, as soon as practicable following the Closing Date, terminate the employment of all such Applicable Employees. Nothing in this Section 6.17(a) shall prohibit Purchaser or any of its Affiliates from terminating the employment of any Transferred Employee after the Closing Date, subject to the terms and conditions of the UAW Collective Bargaining Agreement. It is understood that the intent of this Section 6.17(a) is to provide a seamless transition from Sellers to Purchaser of any Applicable Employee subject to the UAW Collective Bargaining Agreement. Except for Applicable Employees with non- standard individual agreements providing for severance benefits, until at least the first anniversary of the Closing Date, Purchaser further agrees and acknowledges that it shall provide to each Transferred Employee who is not covered by the UAW Collective Bargaining Agreement and whose employment is involuntarily terminated by Purchaser or its Affiliates on or prior to the first anniversary of the Closing Date, severance benefits that are not less favorable than the severance benefits such Transferred Employee would have received under the applicable Benefit Plans listed on Section 4.10 of the Sellers’ Disclosure Schedule. Purchaser or one of its Affiliates shall take all actions necessary such that Transferred Employees shall be credited for their actual and credited service with Sellers and each of their respective Affiliates, for purposes of eligibility, vesting and benefit accrual (except in the case of a defined benefit pension plan sponsored by Purchaser or any of its Affiliates in which Transferred Employees may commence participation after the Closing that is not an Assumed Plan), in any employee benefit plans (excluding equity compensation plans or programs) covering Transferred Employees after the Closing to the same extent as such Transferred Employee was entitled as of immediately prior to the Closing Date to credit for such service under any similar employee benefit plans, programs or arrangements of any of Sellers or any Affiliate of Sellers; provided, however, that such crediting of service shall not operate to duplicate any benefit to any such Transferred Employee or the funding for any such benefit. Such benefits shall not be subject to any exclusion for any pre-existing conditions to the extent such conditions were satisfied by such Transferred Employees under a Parent Employee Benefit Plan as of the Closing Date, and credit shall be provided for any deductible or out-of-pocket amounts paid by such Transferred Employee during the plan year in which the Closing Date occurs.

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