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 bene- fits 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. 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. 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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Collective Bargaining Employees. 1.21(D)(1)
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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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Related to Collective Bargaining Employees

  • Collective Bargaining The School shall be subject to collective bargaining under Ch. 89, HRS, and shall comply with the master agreements as negotiated by the State; provided that the School may enter into supplemental collective bargaining agreements that contain cost and non-cost items to facilitate decentralized decision-making. The School shall provide a copy of any supplemental collective bargaining agreement to the Commission.

  • Collective Bargaining Unit 1.1 The Company recognizes the Union as the sole bargaining agent for all regular, part-time and temporary employees1, including technicians of the construction field forces and security employees but excluding: (a) Employees now represented by other bargaining agents. (b) Persons above the rank of working supervisor. (c) Persons who exercise managerial functions in accordance with the Ontario Labour Relations Act. (d) Persons employed in a confidential capacity in matters relating to labour relations in accordance with the Ontario Labour Relations Act. 1.2 The grievance/arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by the Company which results in the exclusion of any employee or position from the bargaining unit. The parties will attempt to resolve disputes expeditiously. 1 "Employees" are employees pursuant to the Labour Relations Act for Ontario SO, 1995, c.1 Schedule A, as amended. 1.3 When an employee is removed from normal duties to act in a vacated position or relieve for an incumbent or perform a temporary assignment, the following shall apply: (a) When the length of time involved is known to be three months or less, the employee will retain his/her present jurisdictional status. (b) When it is expected that the length of time will be longer than three months, the employee will be excluded or included at the commencement of his/her new responsibilities. However, in the event the period is actually less than three months: (1) in exclusion cases, the Union will be reimbursed the dues which would have been paid; (2) in inclusion cases, the Union will reimburse the employee the dues which have been paid. (c) When the length of time is unknown, the employee will retain his/her present jurisdictional status up to the three month period. If the period extends beyond three months, the employee will then be either included or excluded.

  • Collective Bargaining Agreements This chapter shall be superseded by a collective bargaining agreement that expressly so provides.

  • Collective Bargaining Agreement The term “

  • CONTRACT EMPLOYEES Contained in Annexure D.

  • Business Employees (a) Schedule 1.1(a) contains a complete and accurate list of all the Business Employees as of the date specified in such list (which in any event shall be no more than ten (10) business days prior to the date hereof), showing for each Business Employee, the name, title, location, service date, annual salary or wages as of such date and aggregate annual compensation for Seller's 2002 fiscal year. None of the Business Employees is covered by any union, collective bargaining agreement or other similar labor agreement, formal or informal, nor, to Seller's knowledge, has there been any labor union organizing activities relating to the Business Employees within the past five years. (b) Except as set forth in Schedule 3.10(b), with respect to the Business Employees, Seller does not currently maintain, contribute to or have any liability under any Benefit Plan. With respect to each Benefit Plan identified on Schedule 3.10(b), Seller has made available to Buyer true and complete copies of the most recent summary plan or other written description thereof. Each Benefit Plan listed on Schedule 3.10(b) has been operated in material compliance with all applicable Laws, including ERISA. Each Benefit Plan that is intended to be qualified under Section 401(a) of the Code has received a favorable determination letter, or has pending or has time remaining in which to file an application for such determination, from the IRS, and Seller is not aware of reason why any such determination letter should be revoked or not issued or reissued. Any amount that could be received (whether in cash, property, or vesting of property) as a result of the transaction contemplated by this Agreement by any officer, director, employee or independent contractor of Seller, who is a "disqualified individual" (as defined in proposed Treasury Regulation Section 1.280G-1), under any Contract that will be assumed by the Buyer, would not be characterized as an "excess parachute payment" (as defined in Section 280G of the Code). (c) With respect to the CATV Business, there is not presently pending or existing, and, to Seller's knowledge, there is not threatened, (i) any strike, slowdown, picketing, or work stoppage, (ii) any application for certification of a collective bargaining agent, or (iii) any controversies pending, or to Seller's knowledge, threatened between Seller or any Subsidiary and any of its employees that, individually or in the aggregate, have had or could reasonably be expected to have a Seller Material Adverse Effect.

  • 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

  • Exclusive Bargaining Agent The unit recognized by the public employer and certified by PERC as the unit designated or selected by a majority of public employees as their representative for purposes of collective bargaining.

  • Company Employees Each Party shall not, directly or indirectly solicit for employment, any employee of the other Party who has been directly involved in the performance of this Agreement during the Term and for one year after the earlier of the termination or expiration of this Agreement or the termination of such individual's employment, with the other Party. It shall not be a violation of this provision if any employee responds to a Party's general advertisement of an open position.

  • 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.