Common use of Contractor Transition Clause in Contracts

Contractor Transition. Section 1. Whenever the Employer takes over the servicing of any job location, building or establishment covered by this Agreement, the Employer agrees to retain all permanent employees at the job location, building or establishment, including those who might be on vacation or off work because of illness, injury or authorized leaves of absence, provided that employment will be offered to those employees who satisfy the hiring and employment standards of the Employer. If a customer demands that the incoming Employer remove an employee from continued employment at the location, the Employer shall have the right to comply with such demand and not offer that employee employment. In the event the Employer elects to retain said employee, the Employer agrees to honor seniority for wage and benefit purposes, and shall not require the employee to serve a probationary period as described in Article II (Probationary Period). Section 2. The outgoing Employer will be responsible to pay all wages and vacation accrued for each employee to the date of the takeover. Section 3. Subject to the provisions of Article IX (Seniority), when an incumbent officer is not hired by the new contractor, the outgoing Employer will place the employee in a job at another account or location covered by this Agreement without loss of seniority or reduction in wages or benefits. If the Employer has no other accounts or locations under this Agreement where there are positions at the employee’s same wage rate and benefits, the employee shall be placed at another account or location of the Employer covered by this Agreement in a lower wage category, or where there are lesser benefits; or, at the employee’s option or where the Employer has no other account vacancies, the employee may be laid off. If the employee is placed at another account or location of the Employer in a lower wage category, or where there are lesser benefits, or if the employee is laid off, the employee shall have the right, subject to the Employer’s suitability determination, to fill positions that become available within three (3) months if the Employer obtains, or a vacancy occurs at, another account subject to this Agreement where the wage rate and benefits are at least equal to the wage rate and benefits previously enjoyed by the employee with the outgoing Employer. Section 4. The Employer 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. Section 5. The Employer shall notify the Union, as soon as practicable, once it receives written cancellation of a covered account or job location.

Appears in 2 contracts

Samples: Security Contractors Agreement, Security Contractors Agreement

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Contractor Transition. Section 1. 21.1 Whenever the Employer takes over the servicing of any job location, building or establishment covered by this Agreementagreement, the Employer agrees to retain all permanent employees at the job location, building or establishment, including those who might be on vacation or off work because of illness, injury or authorized leaves of absence, provided that employment will be offered to those employees who satisfy the hiring and employment standards of the Employer. If a customer demands that the incoming Employer remove an employee from continued employment at the location, the Employer shall have the right to comply with such demand and not offer that employee employment. In the event the Employer elects to retain said employee, the Employer agrees to honor seniority for wage and benefit purposes, and shall not require the employee to serve a probationary period Probationary Period as described in Article II 4 (Probationary Periodprobationary period). Section 2. 21.2 The outgoing Employer will be responsible to pay all wages and vacation accrued for each employee prior to the date of the takeover and the incoming Employer shall have no responsibility for wages and vacation accrued prior to takeover. Section 3. 21.3 Subject to the provisions of Article IX 5 (Seniority), when an incumbent officer is not hired by the new contractor, the outgoing Employer will place the employee in a job at another account or location covered by this Agreement without loss of seniority or reduction in wages or benefits. If the Employer has no other accounts or locations under this Agreement where there are positions at the employee’s 's same wage rate and benefits, the employee shall be placed at another account or location of the Employer covered by this Agreement in a lower wage category, or where there are lesser benefits; or, at the employee’s 's option or where the Employer has no other account vacancies, the employee may be laid off. If the employee is placed at another account or location of the Employer in a lower wage category, or where there are lesser benefits, or if the employee is laid off, the employee shall have the right, subject to the Employer’s employer's suitability determination, to fill positions that become available within three (3) months if the Employer obtains, or a vacancy occurs at, another account subject to this Agreement where the wage rate and benefits are at least equal to the wage rate and benefits previously enjoyed by the employee with the outgoing Employer. Section 4. 21.4 The Employer shall notify the Union, as soon as practicable, once it has knowledge that a non-Union union security contractor is bidding on a covered account currently serviced by the Employer. Section 5. 21.5 The Employer shall notify the Union, as soon as practicable, once it receives written cancellation of a covered account or job location.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Contractor Transition. Section 1. Whenever the Employer takes over the servicing of any job location, building or establishment covered by this Agreementagreement, the Employer agrees to retain all permanent employees at the job location, building or establishment, including those who might be on vacation or off work because of illness, injury or authorized leaves of absence, provided that employment will be offered to those employees who satisfy the hiring and employment standards of the Employer. If a customer demands that the incoming Employer remove an employee from continued employment at the location, the Employer shall have the right to comply with such demand and not offer that employee employment. In the event the Employer elects to retain said employee, the Employer agrees to honor seniority for wage and benefit purposes, and shall not require the employee to serve a probationary period Probationary Period as described in Article II 4 (Probationary Periodprobationary period). Section 2. The outgoing Employer will be responsible to pay all wages and vacation accrued for each employee prior to the date of the takeover. Vacation payouts shall be made in a separate check from regular wages within 21 calendar days of the transition date and shall include vacation earned but not yet used for the current year and a prorated portion of vacation accrued for use the following year. The incoming Employer shall have no responsibility for wages and vacation accrued prior to takeover. Employees shall then begin to accrue vacation with the incoming employer and receive a prorated amount of vacation on the next vacation anniversary date. Section 3. Subject to the provisions of Article IX 5 (Seniority), when an incumbent officer is not hired by the new contractor, the outgoing Employer will place the employee in a job at another account or location covered by this Agreement without loss of seniority or reduction in wages or benefits. If the Employer has no other accounts or locations under this Agreement where there are positions at the employee’s 's same wage rate and benefits, the employee shall be placed at another account or location of the Employer covered by this Agreement in a lower wage category, or where there are lesser benefits; or, at the employee’s 's option or where the Employer has no other account vacancies, the employee may be laid off. If the employee is placed at another account or location of the Employer in a lower wage category, or where there are lesser benefits, or if the employee is laid off, the employee shall have the right, subject to the Employer’s employer's suitability determination, to fill positions that become available within three six (36) months if the Employer obtains, or a vacancy occurs at, another account subject to this Agreement where the wage rate and benefits are at least equal to the wage rate and benefits previously enjoyed by the employee with the outgoing Employer. Section 4. The Employer shall notify the Union, as soon as practicable, once it has knowledge that a non-Union non- union security contractor is bidding on a covered account currently serviced by the Employer. Section 5. The Employer shall notify the Union, as soon as practicable, once it receives written cancellation of a covered account or job location.

Appears in 1 contract

Samples: Security Contractors Agreement

Contractor Transition. Section 1. Whenever the Employer takes over the servicing of any job location, building or establishment covered by this Agreement, the Employer agrees to retain all permanent employees at the job location, building or establishment, including those who might be on vacation or off work because of illness, injury or authorized leaves of absence, provided that employment will be offered to those employees who satisfy the hiring and employment standards of the Employer. If a customer demands that the incoming Employer remove an employee from continued employment at the location, the Employer shall have the right to comply with such demand and not offer that employee employment. In the event the Employer elects to retain said employee, the Employer agrees to honor seniority for wage and benefit purposes, and shall not require the employee to serve a probationary period as described in Article II 2 (Probationary Period). Section 2. The outgoing Employer will be responsible to pay all wages and vacation accrued for each employee to the date of the takeover. Section 3. Subject to the provisions of Article IX 9 (Seniority), when an incumbent officer is not hired by the new contractor, the outgoing Employer will place the employee in a job at another account or location covered by this Agreement without loss of seniority or reduction in wages or benefits. If the Employer has no other accounts or locations under this Agreement where there are positions at the employee’s same wage rate and benefits, the employee shall be placed at another account or location of the Employer covered by this Agreement in a lower wage category, or where there are lesser benefits; or, at the employee’s option or where the Employer has no other account vacancies, the employee may be laid off. If the employee is placed at another account or location of the Employer in a lower wage category, or where there are lesser benefits, or if the employee is laid off, the employee shall have the right, subject to the Employeremployer’s suitability determination, to fill positions that become available within three (3) months if the Employer obtains, or a vacancy occurs at, another account subject to this Agreement where the wage rate and benefits are at least equal to the wage rate and benefits previously enjoyed by the employee with the outgoing Employer. Section 4. The Employer shall notify the Union, as soon as practicable, once it has knowledge that a non-Union union security contractor is bidding on a covered account currently serviced by the Employer. Section 5. The Employer shall notify the Union, as soon as practicable, once it receives written cancellation of a covered account or job location.

Appears in 1 contract

Samples: Security Contractors Agreement

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Contractor Transition. Section 1. Whenever the Employer takes over the servicing of any job location, building or establishment covered by this Agreementagreement, the Employer agrees to retain all permanent employees at the job location, building or establishment, including those who might be on vacation or off work because of illness, injury or authorized leaves of absence, provided that employment will be offered to those employees who satisfy the hiring and employment standards of the Employer. If a customer demands that the incoming Employer remove an employee from continued employment at the location, the Employer shall have the right to comply with such demand and not offer that employee employment. In the event the Employer elects to retain said employee, the Employer agrees to honor seniority for wage and benefit purposes, and shall not require the employee to serve a probationary period Probationary Period as described in Article II 4 (Probationary Periodprobationary period). Section 2. The outgoing Employer will be responsible to pay all wages and vacation accrued for each employee prior to the date of the takeover and the incoming Employer shall have no responsibility for wages and vacation accrued prior to takeover. Section 3. Subject to the provisions of Article IX 5 (Seniority), when an incumbent officer is not hired by the new contractor, the outgoing Employer will place the employee in a job at another account or location covered by this Agreement without loss of seniority or reduction in wages or benefits. If the Employer has no other accounts or locations under this Agreement where there are positions at the employee’s 's same wage rate and benefits, the employee shall be placed at another account or location of the Employer covered by this Agreement in a lower wage category, or where there are lesser benefits; or, at the employee’s 's option or where the Employer has no other account vacancies, the employee may be laid off. If the employee is placed at another account or location of the Employer in a lower wage category, or where there are lesser benefits, or if the employee is laid off, the employee shall have the right, subject to the Employer’s employer's suitability determination, to fill positions that become available within three (3) months if the Employer obtains, or a vacancy occurs at, another account subject to this Agreement where the wage rate and benefits are at least equal to the wage rate and benefits previously enjoyed by the employee with the outgoing Employer. Section 4. The Employer shall notify the Union, as soon as practicable, once it has knowledge that a non-Union union security contractor is bidding on a covered account currently serviced by the Employer. Section 5. The Employer shall notify the Union, as soon as practicable, once it receives written cancellation of a covered account or job location.

Appears in 1 contract

Samples: Contractors Agreement

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