Collective Bargaining Employees Clause Samples
The "Collective Bargaining Employees" clause defines which employees are covered by collective bargaining agreements within an organization. It typically specifies the groups or categories of employees who are represented by a union and whose employment terms are negotiated collectively, such as wage rates, working hours, and benefits. This clause ensures clarity regarding the scope of union representation and helps prevent disputes over which employees are subject to collectively bargained terms, thereby supporting smooth labor relations and compliance with labor laws.
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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)-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.
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.
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.
Collective Bargaining Employees. (a) Upon the Closing, and to the extent consistent with its obligations under the Collectively Bargained Agreements (as defined herein), Buyer shall make available to the Company a sufficient number of (i) certain production employees ("Production Employees") who are covered under the collective bargaining agreement (the "Production CBA") between Buyer and the Paper, Allied-Industrial, Chemical and Energy Workers International Union, AFL-CIO, CLC and its Local 2-5570 (the "Union") to operate its pharmaceutical production 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 ("QC CBA," and collectively, with the Production CBA, the "Collectively Bargained Agreements") between the Union and Buyer to perform, at the direction of the Company's employees, the Company's quality control functions consistent with past practice at Buyer's facility in Cranbury, New Jersey ("Cranbury Facility") and is fully consistent in the future with CGMPs and applicable DEA regulations. As of the date of this Agreement, the Company estimates that it will require 25 Production Employees and 12 QC Employees. The Company will update such estimates monthly during the term of this Agreement.
(b) Subject to the Collectively Bargained Agreements, the Company shall have priority rights to choose which skilled or partially qualified Collective Bargaining Employees (including, but not limited to, chemical operators with pharmaceutical qualification, technician class 2 with pharmaceutical qualification and line mechanics with pharmaceutical qualification) are made available to it by Buyer.
(c) The Company will provide Buyer with 30 days' prior written notice, if it shall require that Buyer reduce or increase the number of Collective Bargaining Employees it is providing to the Company, but Buyer shall be required to provide additional Collective Bargaining Employees to the Company, only if Buyer has such Collective Bargaining Employees available to it and to the extent consistent with its obligations under the Collectively Bargained Agreements.
(d) The Company shall be responsible for directing and supervising the Collective Bargaining Employees and any employees of Buyer performing Services for the Company at Buyer's facility in Dayton, New Jersey (the "Dayton Facility") so as to achieve and maintain compliance with applicable law and regulations, in...
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.
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.
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).
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.
Collective Bargaining Employees. 1.21(D)(1)