Common use of Contractor Transition Clause in Contracts

Contractor Transition. 6.1 When acquiring or otherwise assuming the servicing of an account within the scope of this Agreement where the Union is the collective bargaining representative of the employees, the Employer agrees to hire the employees who have been working at the account immediately before takeover, including those who might be on vacation or off work because of illness, 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 levels in effect ninety (90) days prior to the contractor transition date, 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. Staffing level information shall be provided by the Union upon request. The Employer may reduce the staffing level on takeover of the account if the Employer can demonstrate a commensurate, appreciable decrease in the work done or a different, more efficient method to provide the work required under the terms of the new customer contract. Any such reduction shall be in inverse order of seniority. 6.2 Employees hired by the Employer shall be given credit for length of service with the predecessor employer(s) as set forth in Article 7. Employees hired on takeover shall not have their rates of pay or hours of work reduced. Any disciplinary action in an employee’s file upon transition shall be admissible by the successor employer at arbitration and shall be accepted by the Arbitrator regardless of hearsay objections. 6.3 The Employer shall notify immediately the Union in writing as soon as the Employer receives written cancellation of an account or part of an account. Within five (5) business days of such cancellation notice, the Employer shall provide to the Union a list of all affected employees and their Employee Information. The Union shall provide this information to the successor employer but is not responsible for its accuracy. 6.4 The Employer shall provide the Union within five (5) business days of assuming an account a list of all affected employees and their Employee Information.

Contractor Transition. 6.1 When acquiring or otherwise assuming the servicing of an account within the scope of this Agreement where the Union is the collective bargaining representative of the employees, the Employer agrees to hire the employees employ- ees who have been working at the account immediately before takeover, including those who might be on vacation or off work because of illness, 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 levels in effect ninety (90) days prior to the contractor transition date, 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 ter- minated from that job shall be required to place the added employees on its payroll permanently. Staffing level information shall be provided by the Union upon request. The Employer may reduce the staffing level on takeover take- over of the account if the Employer can demonstrate a commensurate, appreciable ap- preciable decrease in the work done or a different, more efficient method method 7.1 to provide the work required under the terms of the new customer contractcon- tract. Any such reduction shall be in inverse order of seniority. 6.2 . Employees hired by the Employer shall be given credit for length of service with the predecessor employer(s) as set forth in Article 7. Employees hired on takeover shall not have their rates of pay or hours of work reduced. Any disciplinary action in an employee’s file upon transition shall be admissible by the successor employer at arbitration and shall be accepted by the Arbitrator Arbi- trator regardless of hearsay objections. 6.3 . The Employer shall notify immediately the Union in writing as soon as the Employer receives written cancellation of an account or part of an account. Within five (5) business days of such cancellation notice, the Employer shall provide to the Union a list of all affected employees and their Employee Information. The Union shall provide this information to the successor employer em- ployer but is not responsible for its accuracy. 6.4 . The Employer shall provide the Union within five (5) business days of assuming assum- ing an account a list of all affected employees and their Employee Information.

Contractor Transition. 6.1 4.1 When assuming or acquiring a new account or otherwise assuming the servicing of an account contract within the scope of this Agreement where the Union is the collective bargaining representative of the employeesAgreement, the Employer agrees to hire the employees who have been working at the account immediately before takeover, including those who might be on vacation or off work because of illness, 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 qualified incumbent employees and maintain the same number of employees (and their hours) as were employed at the account by the predecessor employer’s staffing levels in effect ninety (90) days prior to the contractor transition date, except where there were increases in that 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. Staffing level information shall be provided by the Union upon request. The Employer may reduce the staffing level on takeover of the account if the Employer can demonstrate a commensurate, appreciable decrease in the work to be done or a different, different or more efficient method to provide perform the work required under the terms of the new customer contractwork. Any such reduction shall be in by inverse order of seniority. For purposes of this Article, the Employer shall hire based on the predecessor employer’s staffing levels in effect 90 days prior to the contactor transition date, except where there were increases in the staffing levels during that period resulting from customer requirements. If the Employer adds employees to any job in anticipation of being terminated from that job, it shall be required to place the added employees on its payroll permanently. 6.2 4.2 Employees hired by the Employer shall be given credit for length of service with the predecessor employer(s) as set forth in Article 712, provided the Employer receives the information from the predecessor employer and/or the Union. Employees hired on takeover shall not have their rates of pay or hours of work reduced. Any disciplinary action in an employee’s file upon transition shall be admissible by the successor employer at arbitration and shall be accepted by the Arbitrator regardless of hearsay objections. 6.3 4.3 The Employer shall notify immediately the Union in writing as soon as writing, within two (2) business days, when the Employer receives written cancellation of an account or part of an account. The Union shall keep such information confidential until the Employer shares it with the bargaining unit. Within five (5) business calendar days of such cancellation notice, the Employer shall provide to the Union a list of all affected employees and their Employee Information. The Union shall provide this information to the successor employer but is not responsible for its accuracy. 6.4 4.4 The Employer shall provide the Union within five (5) business days of assuming an account with a list of all affected employees and their Employee InformationInformation within seven (7) calendar days of assuming an account. 4.5 If the Employer takes over jobs subject to a Rider Agreement, it shall assume and be bound by the remaining terms of any such Rider Agreement. The Union shall provide such Riders to signatory employers invited to bid on affected work.

Contractor Transition. 6.1 When acquiring or otherwise assuming the servicing of an account within the scope of this Agreement where the Union is the collective bargaining representative of the employees, the Employer agrees to hire the employees who have been working at the account immediately before takeover, including those who might be on vacation or off work because of illness, 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 levels in effect ninety (90) days prior to the contractor transition date, 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. Staffing level information shall be provided by the Union upon request. The Employer may reduce the staffing level on takeover of the account if the Employer can demonstrate a commensurate, appreciable decrease in the work done or a different, more efficient method to provide the work required under the terms of the new customer contract. Any such reduction shall be in inverse order of seniority. 6.2 Employees hired by the Employer shall be given credit for length of service with the predecessor employer(s) as set forth in Article 7. Employees hired on takeover shall not have their rates of pay or hours of work reduced. Any disciplinary action in an employee’s file upon transition shall be admissible by the successor employer at arbitration and shall be accepted by the Arbitrator regardless of hearsay objections. 6.3 The Employer shall notify immediately the Union in writing as soon as the Employer receives written cancellation of an account or part of an account. Within five (5) business days of such cancellation notice, the Employer shall provide to the Union a list of all affected employees and their Employee Information. The Union shall provide this information to the successor employer but is not responsible for its accuracy. 6.4 The Employer shall provide the Union within five (5) business days of assuming an account a list of all affected employees and their Employee Information. 6.5 When a job location changes from one contractor to another, the signatory company or companies shall pay their respective pro-rata vacation payments based upon the proportion of the calendar year each performed the service. For example, if a contractor cleaned a facility up to July 31st, that contractor would be responsible to pay seven-twelfths (7/12) of the remaining unpaid vacation/PTO and the new contractor would be obligated to pay five twelfths (5/12) of the remaining unpaid vacation/PTO for that year. The leaving contractor shall pay its share of the accrued vacation to any affected employees within 14 days of its last day at the job location.