Contracting and Subcontracting. The Union recognizes that the City has statutory and charter rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested in the City including the exercise of said contracting and subcontracting rights.
Contracting and Subcontracting. (a) Seller accepts responsibility as a principal for its agents, Contractors, Subcontractors, and all others it hires or otherwise engages to perform or assist in the performance of the Work. Buyer shall have the right, but not the obligation, to review the qualifications of each Person performing any portion of the Work.
(b) Seller shall select or permit to perform the Work only qualified, reputable, competent, and appropriately licensed Contractors or Subcontractors with an established record of successful performance in their respective trades of the Work they are contracted to perform. Seller shall obtain Buyer’s prior written approval (which shall not be unreasonably withheld, conditioned, or delayed) for any of the Work at the Project Site if the applicable Contractor or Subcontractor does not meet each of the following four safety criteria:
(i) The Contractor or Subcontractor shall have been in business for at least three (3) years at the time of contracting;
(ii) The Contractor’s or Subcontractor’s Experience Modification Rate (EMR) shall be equal to or below .99 measured over the past three (3)-year period;
(iii) The Contractor’s or Subcontractor’s latest full year Recordable Index Rate (RIR) or Recordable Accident Index (RAI) shall be equal to or below eighty percent (80%) of the North American Industrial Classification System Code (NAICS); and
(iv) The Contractor or Subcontractor shall have zero (0) fatalities over the latest three (3)-year period. In the event Seller believes there is a compelling business reason to utilize a Contractor or Subcontractor for Work at the Project Site that does not satisfy all of the requirements set forth in clauses (i)-(iv) immediately above, Seller shall present Buyer with an explanation in writing specifying the rationale and plan for utilizing such Contractor or Subcontractor as part of the request for Xxxxx’s prior written approval.
(c) If requested by Xxxxx, Seller shall promptly advise Buyer of the identity of any Contractor or Subcontractor used for any portion of the Work not performed at the Project Site.
(d) No Contract between Seller and any of its Contractors or with any of its Subcontractors relating to the Work or the Project shall be deemed to release Seller from any Liability to Buyer under, or arising by virtue of, this Agreement, and, with respect to any claim or other Action brought by Buyer against Seller under, or arising by virtue of, this Agreement, Seller shall be responsible for all acts...
Contracting and Subcontracting. Third person contracting and subcontracting shall not exempt the Subconcessionaire from performing its statutory obligations or contractual obligations.
Contracting and Subcontracting. FOP Lodge #36 recognizes that the City has statutory rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested exclusively in the City.
Contracting and Subcontracting. The Union recognizes that the right of contracting and subcontracting is vested in the County. The right to contract or subcontract shall not be used for the purpose or intention of undermining the Union, nor to discriminate against any employee. The County agrees to provide the Union a written notice when a contract is executed which has a staffing impact on classifications covered by this agreement.
Contracting and Subcontracting. A. The parties recognize that the University under circumstances permitted by law may contract out or subcontract work.
B. In the event of such contracting out or subcontracting, the University will insure that no employee is laid off or takes a reduction in pay as direct result thereof.
Contracting and Subcontracting. The Employer recognizes its obligation to utilize Bargaining Unit employees in accordance with the merit principles of the Civil Service Commission. The Employer reserves the right to use contractual services in accordance with Civil Service Rules and Regulations. The Employer agrees to make reasonable efforts (not involving a delay in implementation) to avoid or minimize the impact of such sub-contracting upon Bargaining Unit employees. Whenever the Employer intends to contract out or sub-contract services, the Employer shall, as early as possible but at least fifteen (15) calendar days prior to implementation and no later than at the time of submission to Civil Service, give written notice of its intent to contract or sub-contract to the Union. Such notice shall consist of a copy of the material sent to Civil Service which shall include such matters as:
1. The nature of the work to be performed or the service to be provided.
2. The proposed duration and cost of such sub-contracting.
3. The rationale for such sub-contracting. The Employer shall, upon written request, meet and confer with the Union over the impact of the decision upon the Bargaining Unit. Such discussions shall not serve to delay implementation of the Employer's decision. Nothing provided in this section shall prohibit the Union from challenging the planned contracting or sub-contracting before the Civil Service Commission, nor from appealing a Departmental action which it alleges violates applicable Civil Service Rules and Regulations.
Contracting and Subcontracting. 2.01 Hydro One will maintain its current “labour requirements” practice for the term of this agreement. For clarity purposes, the labour requirements documentation will be modified where necessary to reflect the new collective agreement between EPSCA and LIUNA OPDC in place of Hydro One /LIUNA collective agreement. For further clarity the labour requirements documentation will require contractors/sub-contractors to apply the terms and conditions of this collective agreement if and when the work being performed falls under this agreement. LIUNA OPDC agrees that contractors who are signatory to other LIUNA collective agreements will apply the terms and conditions of the EPSCA/ LIUNA OPDC collective agreement when performing work on Hydro One property or performing work on Hydro One assets which are located on Xxxxx Power or OPG property. The parties acknowledge that this collective agreement does not change nor alter the existing practices with respect to contracting out to non-union contractors.
Contracting and Subcontracting. The Union and the University agree that layoffs are inherently destructive to the stability of the employment relationship. Therefore, the parties agree that should it become necessary to contract out or subcontract any work or services now performed by employees in the bargaining unit, and by so doing there is a loss of position, a reduction in schedule, or demotion, the University will notify the Union as soon as possible after the decision but no less than thirty (30) days before the contract becomes effective. The management will consider, as part of its decision-making process, whether or not it is appropriate and possible to discuss these changes with the Union prior to a final decision. The parties shall then meet in an attempt to avoid the proposed layoff or any part of it by alternative means such as, but not limited to, transfers, schedule changes, alternate vacation schedules, etc., it being fully understood that final determination regarding layoffs remains with the University.
Contracting and Subcontracting. AFSCME Local 856 recognizes the City has statutory rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested exclusively in the City. If operations are contracted or subcontracted, then the City shall negotiate the effects of the contracting or subcontracting upon Local 856 members. City Commission adopted a Managed Competition Policy on June 9, 1998. Prior to implementing any change in this policy, the City shall provide the Union with notice at least twenty (20) days prior to implementation of the change. Nothing herein is intended to require the parties to bargain any change in the policy, except as is otherwise provided by law.
