Common use of Contractor Transition Clause in Contracts

Contractor Transition. 30.1 When a job location changes from one cleaning contractor to another (both of whom are signatory to a collective bargaining agreement with Local 32BJ), the respective companies are obligated to pay the remaining pro-rata vacation payments based upon the proportion of the calendar year each cleaned the facility, account or job. For example, if a contractor cleaned a facility up to July 31st, that contractor would be responsible to pay seven- twelfths (7/12th) of the remaining unpaid vacations and the new contractor would be obligated to pay five-twelfths (5/12th) of the remaining unpaid vacations for that year. Any holiday which was switched to a later date in accordance with the Agreement shall be the responsibility for the contractor in the building as of the date switched to. The leaving contractor shall pay its share of the accrued vacations to anyaffected employees on its last payday at the job location. Prior to relinquishing the job location to the new contractor, the leaving contractor shall provide the Union with a list of all the employees, their scheduled hours, their scheduled vacation, personal and sick days, if any, for the year, and an itemization of how much of this time off has been taken and/or paid for. Failure to provide this list to the Union, within fourteen (14) days, after relinquishing the facility shall obligate the leaving contractor to pay affected employees the balance of the year’s paid time off. 30.2 When taking over or acquiring a job location covered by this Agreement, the Employer is required to retain the incumbent employees and to maintain the same number of employees (and their respective hours) as were employed at the facility, account or job of the predecessor Employer, provided that the staffing level does not exceed the level in effect ninety (90) days prior to the takeover, except where there were increases in the staffing levels during that period resulting from customer requirements. Any Employer who adds employees to any job in anticipation of being terminated from that job location shall be required to place the added employees on its payroll permanently. These employees shall not replace any regular employees already on the payroll of that Employer. The Employer may not reduce the staffing level on takeover of the facility, account, or job unless the Employer can demonstrate an appreciable decrease in the work to be performed. 30.3 Employees retained by the Employer shall be given credit for length of service with the predecessor Employer(s) for all purposes including, but not limited to, seniority, vacation entitlement, and completion of the trial period. The new contractor shall recognize the seniority of all employees. 30.4 Employees retained on takeover shall not have their rates of pay, hours worked or other terms and conditions reduced. When the Employer bids or takes over the servicing of any job location where employees enjoyed greater wages, holidays, vacation, or other type of benefit than provided for herein, the Employer shall continue to provide such greater wages and/or benefits. Employees enjoying greater wages shall receive the contractual increases provided for in Article 13 - Wages. The Union will endeavor to provide to the Employer that bids or takes over a job, information concerning greater wages and/or benefits that were provided by the previous contractor. 30.5 The Employer shall be required to immediately notify the Union, in writing, as soon as the Employer receives written cancellation of a job location. Within two (2) business days of such cancellation notice, the Employer shall provide the Union with a list of all employees at the job location, their wage rates, number of hours worked, the dates of hire, the number of sick days, the number of holidays, benefit contributions made for employees and vacation benefits. 30.6 Failure of the Employer to notify the Union as required in paragraph 30.5, coupled with the successor Employer’s failure to recognize the Union and to maintain the terms and conditions of this Agreement, will require the Employer to pay liquidated damages to the affected employees equal to two (2) months wages. 30.7 When the Employer bids on work covered by this Agreement, the Union will provide, in a timely manner to all invited bidders, upon their written request, the information described in paragraph 30.5 above. Inaccuracies in the information provided by the incumbent Employer shall not excuse any obligations under this Agreement of the Employer acquiring the job location. 30.8 The Employer shall provide the Union, within five (5) business days of taking over the account/location, the name, rates of pay, hours and other benefits provided at the location. 30.9 When taking over a job location covered by this Agreement, the incoming Employer shall be responsible for all accrued but unused sick, personal, or birthday leave.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Contractor Transition. 30.1 When a job location changes from one cleaning contractor to another (both of whom are signatory to a collective bargaining agreement with Local 32BJ), the respective companies are obligated to pay the remaining pro-rata vacation payments based upon the proportion of the calendar year each cleaned the facility, account or job. For example, if a contractor cleaned a facility up to July 31st, that contractor would be responsible to pay seven- twelfths (7/12th) of the remaining unpaid vacations and the new contractor would be obligated to pay five-twelfths (5/12th) of the remaining unpaid vacations for that year. Any holiday which was switched to a later date in accordance with the Agreement shall be the responsibility for the contractor in the building as of the date switched to. The leaving contractor shall pay its share of the accrued vacations to anyaffected employees on its last payday at the job location. Prior to relinquishing the job location to the new contractor, the leaving contractor shall provide the Union with a list of all the employees, their scheduled hours, their scheduled vacation, personal and sick days, if any, for the year, and an itemization of how much of this time off has been taken and/or paid for. Failure to provide this list to the Union, within fourteen (14) days, after relinquishing the facility shall obligate the leaving contractor to pay affected employees the balance of the year’s paid time off. 30.2 5.1 When taking over or acquiring a job an account/location covered by this Agreement, the Employer is required to retain the incumbent employees and to maintain the same number of employees (and their respective hours) as were employed at the facility, account or job of account/location by the predecessor Employeremployer, provided that the staffing level does not exceed the level in effect ninety (90) days prior to the takeover, except where there were increases in the staffing levels during that period resulting from customer requirements. Any Employer employer who adds employees to any job in anticipation of being terminated from that job location shall be required to place the added employees on its payroll permanently. These employees shall not replace any regular employees already on the payroll of that Employeremployer. The Employer may not reduce the staffing level on takeover of the facility, account, or job /location unless the Employer can demonstrate an appreciable decrease in the work to be performeddone. 30.3 5.2 Employees retained by the Employer employer shall be given credit for length of service with the predecessor Employer(semployer(s) for all purposes including, including but not limited to, to seniority, personal days, and vacation entitlement, and completion of the trial period. The new contractor shall recognize the seniority of all employees. 30.4 Employees retained on takeover shall not have their rates of pay, hours worked or other terms and conditions reduced. When the Employer bids or takes over the servicing of any job location where employees enjoyed greater wages, holidays, vacation, or other type of benefit than provided for herein, the Employer shall continue to provide such greater wages and/or benefits. Employees enjoying greater wages shall receive the contractual increases provided for in Article 13 - Wages. The Union will endeavor to provide to the Employer that bids or takes over a job, information concerning greater wages and/or benefits that were provided by the previous contractor. 30.5 5.3 The Employer shall be required to notify immediately notify in writing the Union, in writing, Union as soon as the Employer receives written cancellation of a job an account/location. Within two (2) business days of such cancellation notice, the Employer shall provide to the Union with a list of all employees at the job account/location, their wage rates, the number of hours workedworked or regularly scheduled, the dates of hire, the number of sick days, personal days, the number of holidays, benefit contributions made for employees employees, and vacation benefits. 30.6 5.4 Failure of the Employer to notify the Union as required in paragraph 30.55.3, coupled with the successor Employeremployer’s failure to recognize the Union and to maintain the terms and conditions of this Agreementagreement, will require the Employer to pay liquidated damages to the affected employees equal to two (2) months wages. 30.7 5.5 When the an Employer bids on work covered by this Agreement, the Union will provide, provide in a timely manner to all invited bidders, upon their written request, the information described in paragraph 30.5 the 5.3 above. Inaccuracies in the information provided by the incumbent Employer shall not excuse any obligations under this Agreement agreement of the Employer acquiring the job account/location. 30.8 5.6 The Employer shall provide the Union, Union within five (5) business days of taking over the account/location, location the namenames, rates of pay, hours and other benefits provided at the location. 30.9 When taking over 5.7 Vacation, sick day, and personal day rights of employees shall not be affected by a job location covered by this Agreementchange of Employer so long as the employees remain in the employ of the new Employer, and the incoming new Employer shall thereupon be responsible for all accrued but unused sickthe payment of same. The predecessor Employer shall notify the new Employer, personaland the Union, or birthday leaveof the amount of vacation, sick days, and personal days to which each employee is entitled during the year that the contract changes, and the amount of vacation, sick days, and personal days, each employee has already taken, so that the new Employer is aware of the employees’ remaining vacation leave during the course of the year.

Appears in 2 contracts

Samples: Contractor Agreement, Contractors Agreement

Contractor Transition. 30.1 When a job location changes from one cleaning contractor to another (both Whenever the Employer takes over the servicing of whom are signatory to a collective bargaining agreement with Local 32BJ), the respective companies are obligated to pay the remaining pro-rata vacation payments based upon the proportion of the calendar year each cleaned the facility, account or job. For example, if a contractor cleaned a facility up to July 31st, that contractor would be responsible to pay seven- twelfths (7/12th) of the remaining unpaid vacations and the new contractor would be obligated to pay five-twelfths (5/12th) of the remaining unpaid vacations for that year. Any holiday which was switched to a later date in accordance with the Agreement shall be the responsibility for the contractor in the building as of the date switched to. The leaving contractor shall pay its share of the accrued vacations to anyaffected employees on its last payday at the any job location. Prior to relinquishing the job location to the new contractor, the leaving contractor shall provide the Union with a list of all the employees, their scheduled hours, their scheduled vacation, personal and sick days, if any, for the year, and an itemization of how much of this time off has been taken and/or paid for. Failure to provide this list to the Union, within fourteen (14) days, after relinquishing the facility shall obligate the leaving contractor to pay affected employees the balance of the year’s paid time off. 30.2 When taking over building or acquiring a job location establishment covered by this Agreement, the Employer is required agrees to retain the incumbent all permanent employees and to maintain the same number of employees (and their respective hours) as were employed at the facilityjob location, account building or job establishment, including those who might be on vacation or off work because of the predecessor Employerillness, injury or authorized leaves of absence, provided that employment will be offered to those employees who satisfy the staffing level does not exceed hiring and employment standards of the level in effect ninety (90) days prior to the takeover, except where there were increases in the staffing levels during that period resulting from customer requirements. Any Employer who adds employees to any job in anticipation of being terminated from that job location shall be required to place the added employees on its payroll permanently. These employees shall not replace any regular employees already on the payroll of that Employer. The In the event Employer may not reduce the staffing level on takeover of the facility, account, or job unless the Employer can demonstrate an appreciable decrease in the work elects to be performed. 30.3 Employees retained by the Employer shall be given credit for length of service with the predecessor Employer(s) for all purposes including, but not limited to, seniority, vacation entitlement, and completion of the trial period. The new contractor shall recognize the seniority of all employees. 30.4 Employees retained on takeover shall not have their rates of pay, hours worked or other terms and conditions reduced. When the Employer bids or takes over the servicing of any job location where employees enjoyed greater wages, holidays, vacation, or other type of benefit than provided for hereinretain said employee, the Employer agrees to honor seniority for all purposes, and shall continue not require the employee to serve a probationary period as described in Article 2. In order to facilitate the bidding of buildings with the best possible information, union signatories who can demonstrate they have been extended an invitation to participate in the rebidding of a covered account may request the seniority list(s) from the union for that account. The union shall provide such greater wages and/or benefitslists as they are available and with the best information at the time of the request. Employees enjoying greater wages Upon the Union’s written request, an incumbent Employer shall receive the contractual increases provided for in Article 13 - Wages. The Union will endeavor to provide to the Employer that bids or takes over a job, information concerning greater wages and/or benefits that were provided by the previous contractor. 30.5 The Employer shall be required to immediately notify the Union, in writing, as soon as the Employer receives written cancellation of a job location. Within two Union within five (25) business days of such cancellation noticefrom when the Union provides a written request, the names of all employees at the account or location, their wage rates, full or part-time status, dates of hire, and seniority, except for any employees that are being transferred to another account or location before the transition. The outgoing Employer will be responsible to pay all wages and vacation accrued for each employee to the date of the takeover. The outgoing Employer shall provide the Union with a list of all employees such pay within ten (10) business days of the last day the Employer provided service to the account. The successor Employer shall, at its sole discretion depending on business needs, permit an employee, upon two (2) week’s notice, to take unpaid leave equal to the job locationpro rata accrued vacation time that the predecessor Employer paid to the employee, their wage ratesupon credible proof by the employee that such vacation was paid out or was required to be paid out by the predecessor Employer. When an incumbent officer is not hired by the new contractor, number of hours workedand the outgoing Employer is unable to place the officer in a comparable position, the dates of hire, employee will be considered as laid off and placed on the number of sick days, the number of holidays, benefit contributions made for employees and vacation benefits. 30.6 Failure layoff list of the outgoing Employer. The Employer to shall notify the Union, as soon as practicable, once it has knowledge that a non- union security contractor is bidding on a covered account currently serviced by the Employer. The Employer shall notify the Union as required in paragraph 30.5, coupled with the successor Employer’s failure to recognize the Union and to maintain the terms and conditions soon as practicable once it receives written cancellation of this Agreement, will require the Employer to pay liquidated damages to the affected employees equal to two (2) months wages. 30.7 When the Employer bids on work a covered by this Agreement, the Union will provide, in a timely manner to all invited bidders, upon their written request, the information described in paragraph 30.5 above. Inaccuracies in the information provided by the incumbent Employer shall not excuse any obligations under this Agreement of the Employer acquiring the account or job location. 30.8 . The Employer shall provide notify the UnionUnion as soon as practicable after it receives notice that it has been awarded a new covered account or job location. To the extent an employee is required to submit to a background check, within five (5) business days of taking over the account/locationincluding fingerprinting, or drug testing, the name, rates of pay, hours and other benefits provided at the location. 30.9 When taking over a job location covered by this Agreement, the incoming Employer cost thereof shall be responsible for all accrued but unused sick, personal, or birthday leaveborne by the Employer. Such practice shall only apply to incumbent officers who are retained during a contractor transition.

Appears in 2 contracts

Samples: Hartford Security Contractors Agreement, Hartford Security Contractors Agreement

Contractor Transition. 30.1 When a job location changes from one cleaning contractor to another (both acquiring or otherwise assuming the servicing of whom are signatory to a an account within the scope of this Agreement where the Union is the collective bargaining agreement with Local 32BJ), the respective companies are obligated to pay the remaining pro-rata vacation payments based upon the proportion representative of the calendar year each cleaned the facility, account or job. For example, if a contractor cleaned a facility up to July 31st, that contractor would be responsible to pay seven- twelfths (7/12th) of the remaining unpaid vacations and the new contractor would be obligated to pay five-twelfths (5/12th) of the remaining unpaid vacations for that year. Any holiday which was switched to a later date in accordance with the Agreement shall be the responsibility for the contractor in the building as of the date switched to. The leaving contractor shall pay its share of the accrued vacations to anyaffected employees on its last payday at the job location. Prior to relinquishing the job location to the new contractor, the leaving contractor shall provide the Union with a list of all the employees, their scheduled hours, their scheduled vacation, personal and sick days, if any, for the year, and an itemization of how much of this time off has been taken and/or paid for. Failure to provide this list to the Union, within fourteen (14) days, after relinquishing the facility shall obligate the leaving contractor to pay affected employees the balance of the year’s paid time off. 30.2 When taking over or acquiring a job location covered by this Agreement, the Employer is required agrees to retain hire the incumbent employees and to maintain the same number of employees (and their respective hours) as were employed employ- ees who have been working at the facilityaccount immediately before takeover, account including those who might be on vacation or job off work because of the predecessor Employerillness, injury or authorized leaves, provided that their employment is consistent with applicable law and the Employer’s reasonable hiring and employment standards. For purposes of this Article the Employer shall hire based on the predecessor employer’s staffing level does not exceed the level levels in effect ninety (90) days prior to the takeovercontractor transition date, except where there were increases in the staffing levels during that period resulting from customer requirements. Any Employer employer who adds employees to any job in anticipation of being terminated ter- minated from that job location shall be required to place the added employees on on 7.1 its payroll permanently. These employees Staffing level information shall not replace any regular employees already on be provided by the payroll of that EmployerUnion upon request. The Employer may not reduce the staffing level on takeover take- over of the facility, account, or job unless account if the Employer can demonstrate an appreciable a commensurate, ap- preciable decrease in the work done or a different, more efficient method to provide the work required under the terms of the new customer con- tract. Any such reduction shall be performed. 30.3 in inverse order of seniority. Employees retained hired by the Employer shall be given credit for length of service with the predecessor Employer(semployer(s) for all purposes including, but not limited to, seniority, vacation entitlement, and completion of the trial periodas set forth in Article 7. The new contractor shall recognize the seniority of all employees. 30.4 Employees retained hired on takeover shall not have their rates of pay, pay or hours worked or other terms and conditions of work reduced. When the Employer bids or takes over the servicing of any job location where employees enjoyed greater wages, holidays, vacation, or other type of benefit than provided for herein, the Employer Any disciplinary action in an employee’s file upon transition shall continue to provide such greater wages and/or benefits. Employees enjoying greater wages shall receive the contractual increases provided for in Article 13 - Wages. The Union will endeavor to provide to the Employer that bids or takes over a job, information concerning greater wages and/or benefits that were provided be admissible by the previous contractor. 30.5 successor employer at arbitration and shall be accepted by the Arbi- trator regardless of hearsay objections. The Employer shall be required to notify immediately notify the Union, Union in writing, writing as soon as the Employer receives written cancellation of a job locationan account or part of an account. Within two five (25) business days of such cancellation notice, the Employer shall provide to the Union with a list of all employees at the job location, their wage rates, number of hours worked, the dates of hire, the number of sick days, the number of holidays, benefit contributions made for affected employees and vacation benefits. 30.6 Failure of the Employer their Employee Information. The Union shall provide this information to notify the Union as required in paragraph 30.5, coupled with the successor Employer’s failure to recognize the Union and to maintain the terms and conditions of this Agreement, will require the Employer to pay liquidated damages to the affected employees equal to two (2) months wages. 30.7 When the Employer bids on work covered by this Agreement, the Union will provide, in a timely manner to all invited bidders, upon their written request, the information described in paragraph 30.5 aboveem- ployer but is not responsible for its accuracy. Inaccuracies in the information provided by the incumbent Employer shall not excuse any obligations under this Agreement of the Employer acquiring the job location. 30.8 The Employer shall provide the Union, Union within five (5) business days of taking over the account/location, the name, rates assum- ing an account a list of pay, hours all affected employees and other benefits provided at the locationtheir Employee Information. 30.9 When taking over a job location covered by this Agreement, the incoming Employer shall be responsible for all accrued but unused sick, personal, or birthday leave.

Appears in 2 contracts

Samples: Security Officers Agreement, Security Officers Agreement

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Contractor Transition. 30.1 When a job location changes from one cleaning contractor to another (both of whom are signatory to a collective bargaining agreement with Local 32BJ), the respective companies are obligated to pay the remaining pro-rata vacation payments based upon the proportion of the calendar year each cleaned the facility, account or job. For example, if a contractor cleaned a facility up to July 31st, that contractor would be responsible to pay seven- seven-twelfths (7/12th7/12th ) of the remaining unpaid vacations and the new contractor would be obligated to pay five-twelfths (5/12th) of the remaining unpaid vacations for that year. Any holiday which was switched to a later date in accordance with the Agreement shall be the responsibility for the contractor in the building as of the date switched to. The leaving contractor shall pay its share of the accrued vacations to anyaffected any affected employees on its last payday at the job location. Prior to relinquishing the job location to the new contractor, the leaving contractor shall provide the Union with a list of all the employees, their scheduled hours, their scheduled vacation, personal and sick days, if any, for the year, and an itemization of how much of this time off has been taken and/or paid for. Failure to provide this list to the Union, within fourteen (14) days, after relinquishing the facility shall obligate the leaving contractor to pay affected employees the balance of the year’s paid time off. 30.2 When taking over or acquiring a job location covered by this Agreement, the Employer is required to retain the incumbent employees and to maintain the same number of employees (and their respective hours) as were employed at the facility, account or job of the predecessor Employer, provided that the staffing level does not exceed the level in effect ninety (90) days prior to the takeover, except where there were increases in the staffing levels during that period resulting from customer requirements. Any Employer who adds employees to any job in anticipation of being terminated from that job location shall be required to place the added employees on its payroll permanently. These employees shall not replace any regular employees already on the payroll of that Employer. The Employer may not reduce the staffing level on takeover of the facility, account, or job unless the Employer can demonstrate an appreciable decrease in the work to be performed. 30.3 Employees retained by the Employer shall be given credit for length of service with the predecessor Employer(s) for all purposes including, but not limited to, seniority, vacation entitlement, and completion of the trial period. The new contractor shall recognize the seniority of all employees. 30.4 Employees retained on takeover shall not have their rates of pay, hours worked or other terms and conditions reduced. When the Employer bids or takes over the servicing of any job location where employees enjoyed greater wages, holidays, vacation, or other type of benefit than provided for herein, the Employer shall continue to provide such greater wages and/or benefits. Employees enjoying greater wages shall receive the contractual increases provided for in Article 13 - Wages. The Union will endeavor to provide to the Employer that bids or takes over a job, information concerning greater wages and/or benefits that were provided by the previous contractor. 30.5 The Employer shall be required to immediately notify the Union, in writing, as soon as the Employer receives written cancellation of a job location. Within two (2) business days of such cancellation notice, the Employer shall provide the Union with a list of all employees at the job location, their wage rates, number of hours worked, the dates of hire, the number of sick days, the number of holidays, benefit contributions made for employees and vacation benefits. 30.6 Failure of the Employer to notify the Union as required in paragraph 30.5, coupled with the successor Employer’s failure to recognize the Union and to maintain the terms and conditions of this Agreement, will require the Employer to pay liquidated damages to the affected employees equal to two (2) months wages. 30.7 When the Employer bids on work covered by this Agreement, the Union will provide, in a timely manner to all invited bidders, upon their written request, the information described in paragraph 30.5 above. Inaccuracies in the information provided by the incumbent Employer shall not excuse any obligations under this Agreement of the Employer acquiring the job location. 30.8 The Employer shall provide the Union, within five (5) business days of taking over the account/location, the name, rates of pay, hours and other benefits provided at the location. 30.9 When taking over a job location covered by this Agreement, the incoming Employer shall be responsible for all accrued but unused sick, personal, or birthday leave.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Contractor Transition. 30.1 When taking over or acquiring an account/location covered by this Agreement, the Employer is required to retain the incumbent employees and to maintain the same number of employees (and their hours) as were employed at the account/location by the predecessor employer, provided that the staffing level does not exceed the level in effect ninety (90) days prior to the takeover, except where there were increases in the staffing levels during that period resulting from customer requirements. Any employer who adds employees to any job in anticipation of being terminated from that job shall be required to place the added employees on its payroll permanently. These employees shall not replace any regular employees already on the payroll of that employer. The Employer may not reduce the staffing level on takeover of the account/location unless the Employer can demonstrate an appreciable decrease in the work to be done. Employees retained by the employer shall be given credit for length of service with the predecessor employer(s) for all purposes including but not limited to seniority and vacation entitlement, and completion of the trial period. Employees retained on takeover shall not have their rates of pay, hours worked or other terms and conditions reduced. The Employer shall be required to notify the Union in writing within two (2) business days after the Employer receives written cancellation of an account/location. Within five (5) business days of such cancellation notice, the Employer shall provide to the Union a list of all employees at the account/location, their wage rates, the number of hours worked, the dates of hire, the number of sick days, the number of holidays, benefit contributions made for employees, and vacation benefits. The parties recognize that the sale of a building may have a substantial impact on the employees in the bargaining unit. In light of this, wherever practicable, the Employer will notify the Union when it becomes aware that any of the properties it services have been sold, except where it violates the confidentiality or legal obligations of the Employer’s contract with its client. Likewise, the Union will notify the Employer when it becomes aware a property serviced by an Employer has been sold. Failure of the Employer to notify the Union as required in 6.3, coupled with the successor employer’s failure to recognize the Union and to maintain the terms and conditions of this agreement, will require the Employer to pay liquidated damages to the affected employees equal to two months wages. When Employers bid on work covered by this Agreement, upon their written request which must include a written request from the client, the Union will provide in a timely manner to all invited bidders, name, wage rate, schedule of hours and date of hire and any applicable rider. This information shall be provided by the Union’s dues department’s V3 system. Inaccuracies in the information provided by the incumbent Employer shall not excuse any obligations under this agreement of the Employer acquiring the account/location. The Employer shall provide the Union within five (5) business days of taking over the account/location the names of employees at the account/location, their rates of pay, hours and other benefits provided at the account/location. When a job location changes from one cleaning contractor to another (both of whom are signatory to a collective bargaining agreement with Local 32BJ)another, the signatory company or companies shall pay their respective companies are obligated to pay the remaining pro-rata vacation payments based upon the proportion of the calendar year each cleaned the facility, account or job. For example, if a contractor cleaned a facility up to July 31st, that contractor would be responsible to pay seven- seven-twelfths (7/12th7/12) of the remaining unpaid vacations and the new contractor would be obligated to pay five-five twelfths (5/12th5/12) of the remaining unpaid vacations for that year. Any holiday which was switched to a later date in accordance with the Agreement shall be the responsibility for the contractor in the building as of the date switched to. The leaving contractor shall pay its share of the accrued vacations vacation to anyaffected any affected employees on within 14 days of its last payday day at the job location. Prior to No later than fourteen (14) days after relinquishing the job location to the new contractor, the leaving contractor shall provide the Union with a list of all the employees, their scheduled hours, their scheduled vacation, personal and sick days, if any, for the year, and an itemization of how much of this time off has been taken and/or paid for. Failure to provide this list to the Union, Union within fourteen (14) days, after days of relinquishing the facility shall obligate the leaving contractor to pay affected employees the balance of the year’s paid time off. 30.2 When taking over or acquiring a job location covered by this Agreement, the Employer is required to retain the incumbent employees and to maintain the same number of employees (and their respective hours) as were employed at the facility, account or job . After completion of the predecessor Employerprobationary period, provided that the staffing level does not exceed the level in effect ninety (90) days prior to the takeover, except where there were increases in the staffing levels during that period resulting from customer requirementsan employee shall attain seniority as of their date of employment. Any Employer who adds employees to any job in anticipation Seniority of being terminated from that job location an employee shall be required to place the added employees on its payroll permanently. These employees shall not replace any regular employees already on the payroll of that Employer. The Employer may not reduce the staffing level on takeover of the facility, account, or job unless the Employer can demonstrate an appreciable decrease in the work to be performed. 30.3 Employees retained by the Employer shall be given credit for based upon total length of service with the predecessor Employer(s) for all purposes includingEmployer or in the location, but not limited towhichever is greater. Location shall be defined as the building or buildings located in the same complex covered by the same contract between the Employer and the managing agent or owner. In the event of a layoff due to a reduction in force, the inverse order of classification seniority, vacation entitlementwhere applicable, and completion of the trial periodshall be followed. The new contractor shall recognize the seniority of all employees. 30.4 Employees retained on takeover Classifications shall not have their rates be based on the hours that employees work. In the event of paybumping, hours worked there shall be no more than one bump. For layoffs within a building, seniority shall be based upon total length of service in the building. In the event of a layoff or other terms and conditions reduced. When reduction in force, after the Employer bids lay-off or takes over reduction from the servicing of any job location where employees enjoyed greater wages, holidays, vacation(as defined in 7.1), or other type in the case of benefit than provided for herein, the Employer shall continue to provide such greater wages and/or benefits. Employees enjoying greater wages shall receive the contractual increases provided for in Article 13 - Wages. The Union will endeavor to provide a layoff due to the Employer that bids or takes over a job, information concerning greater wages and/or benefits that were provided by the previous contractor. 30.5 The Employer shall be required to immediately notify the Union, in writing, as soon as the Employer receives written cancellation loss of a job location. Within two (2) business days of such cancellation notice, the Employer shall provide the Union with building to a list of all employees at the job location, their wage rates, number of hours worked, the dates of hire, the number of sick days, the number of holidays, benefit contributions made for employees and vacation benefits. 30.6 Failure of the Employer to notify the Union as required in paragraph 30.5, coupled with the successor Employer’s failure to recognize the Union and to maintain the terms and conditions of this Agreement, will require the Employer to pay liquidated damages to the affected employees equal to two (2) months wages. 30.7 When the Employer bids on work covered by this Agreement, the Union will provide, in a timely manner to all invited bidders, upon their written request, the information described in paragraph 30.5 above. Inaccuracies in the information provided by the incumbent Employer shall not excuse any obligations under this Agreement of the Employer acquiring the job location. 30.8 The Employer shall provide the Union, within five (5) business days of taking over the account/location, the name, rates of pay, hours and other benefits provided at the location. 30.9 When taking over a job location covered by this Agreement, the incoming Employer shall be responsible for all accrued but unused sick, personal, or birthday leave.non-union employer ninety

Appears in 1 contract

Samples: Contractor Agreement

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