COVERAGE AND JURISDICTION Sample Clauses

COVERAGE AND JURISDICTION. (a) This Agreement covers all employees who are engaged in the creation of local content for The New Westminster Record and Burnaby Now, community newspapers and local websites, except as provided in subsection (b). This Agreement does not cover content produced by other Glacier Media Inc. operations and published in The New Westminster Record and Burnaby Now community newspapers and local websites, as is currently the practice. (b) The following are excluded from the application of this Agreement: Publisher Associate Publisher Advertising Sales Manager Regional Classified Manager Editor (c) Upon the introduction of an OCR or VDT system members of the Union shall input all information for OCR and VDTs or similar systems: • news services provided by Canadian Press by electronic feed • any information, however input, may be recalled for editing, rewriting, and merging. Classified employees may recall classified information for correction, addition, deletion or killing. Classified employees will input all semi-display classified advertisements, phoned in or dictated. Classified employees may input larger than standard type sizes in all classified advertisements up to but not including 1/4 page in size. Such inputting shall not include pagination of classified pages, which shall continue to be done in the composing room. No composing room employee(s) will lose their employment as a result of classified employees inputting classified advertisements. It is hereby agreed that classified employees may recall photos, logos and artwork, which has previously been entered into the system by the production department. (d) The kind of work previously or presently performed within the departments covered by this Agreement, as described in subsection (a), and new or additional work assigned to be performed by employees within the said departments, is recognized as the jurisdiction of the Union and shall be assigned within the jurisdiction of the Union. (e) New or additional work which results from the introduction/installation of equipment and/or adoption of processes designed as a substitute for, or evolution of, work previously or presently performed related to the production of the above mentioned community newspapers by employees within the said departments is recognized as the jurisdiction of the Union and shall be assigned within the jurisdiction of the Union. (f) This entire Agreement is predicated upon the understanding that only members of the Unifor Local 2000, ...
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COVERAGE AND JURISDICTION. A. This Addendum shall apply to and cover all gas distribution pipeline work coming within the State of Ohio. B. This Agreement covers the rates of pay, rules and working conditions of all Journeymen Welders, Apprentice-Helpers, Fusers and Trainees engaged in any work covered by the National Agreement in the State of Ohio, including but not limited to, the construction, installation, pipe fabrication, testing, treating and re-conditioning of gas distribution pipelines, including portions of such pipelines within cities, towns, subdivisions, or suburban areas of within legal easements secured by the utility company for the purpose of containing piping, meters, or any gas appurtenance, private property boundaries, up to and including the meter settings of private, industry, government, or other premises considered a part of the gas distribution system, and such pipeline construction, installation, testing, treating or re- conditioning of pipe commonly referred to as distribution systems. C. Except where provided herein, this Addendum is intended to supplement, not replace the National Agreement. If any provision of this Addendum is in conflict with a provision of the National Agreement, the provision of this Addendum shall prevail and shall supersede the provision of the National Agreement. This Addendum may not and shall not, however, supersede the terms of the Agreement on NPLA/NDPA Demarcation between the UA, the DCA, and the Pipeline Contractors Association (“Demarcation Agreement”), as currently in effect or as modified in the future. In the event of any conflict between any provision of this Addendum and any provision of the Demarcation Agreement, the provision of the Demarcation Agreement shall prevail. D. Journeymen Welders, Apprentice-Helpers and Fusers, covered by this Agreement shall perform all work in connection with cutting, bending, pipe fabricating, fitting, threading, tapping, aligning, and making of all joints by any mode or method and, insofar as practicable. The Employees covered by this Agreement shall be assigned all other work falling within the jurisdiction of the Union.
Sample 1
COVERAGE AND JURISDICTION. 1. This agreement covers employees of the Employer, who are members of the Guild, and who are employed in the work classifications of Regional Organizer and State Director. Interns shall be covered by Article 2, Para. 1 of this Agreement. 2. The type of work performed by the employees of the Employer, as described in Section 1, is recognized as being covered by the exclusive representation rights of the Guild. 3. If a new position is created by the Employer, which is excluded from the bargaining unit, the Guild shall be provided with fifteen (15) day written notice. The parties shall discuss the exclusion within fifteen (15) days after the notice is provided. In the event there is a dispute regarding the exclusion of the position from the bargaining unit, the parties agree to submit the matter to arbitration within one hundred eighty (180) days from the date of the discussion referenced in the above paragraph. This time period can be extended by mutual agreement between the parties. The provisions of Article 4 – Grievance Procedure related to the selection and payment of arbitration costs shall be applicable to any proceeding under this Article. 4. Positions within the jurisdiction of the bargaining unit filled by temporary workers for more than twelve (12) months will be accreted into the unit. The probationary period for such employees, per Article 3, Para. 1, will be waived and their seniority will be effective as of their date of hire.
Sample 1
COVERAGE AND JURISDICTION. 1. This Contract covers all News Department employees employed by the Omaha World-Herald, excluding editorial/opinion sub-department employees, all other employees in other departments within the Omaha World Herald, and News Department positions that meet the legal criteria for manager, supervisor or confidential employee as defined by the National Labor Relations Act as amended, and as interpreted and applied by the National Labor Relations Board and Federal courts, as provided in Article 2, Exclusions. 2. Job titles included in the bargaining unit on the date of execution of the Agreement include: Reporter 2 Copy Editor 1 Copy Editor 2 Designer Photographer Clerk Librarian Producer Columnist Media Host Artist All new News Department positions and job titles that do not meet the criteria for exclusion shall be included in the bargaining unit. 3. Performance of the following, whether by presently or normally used processes or equipment or by new or modified processes or equipment, shall be assigned only to employees covered by this Contract. (a) The kind of work either normally or presently performed by employees within the bargaining unit covered by this Contract. (b) Any kind of work similar in skill, or performing similar functions, as the kind of work either normally or presently performed by employees in the bargaining unit, and. (c) Any other kind of work assigned to be performed by employees in the bargaining unit. 4. The Employer is free to use stringers so long as such use does not result in the layoff of an employee or the elimination of a bargaining unit position. No xxxxxxxx(s) shall be contracted for the purpose of laying off a newsroom staff employee. No xxxxxxxx(s) shall be contracted to perform a majority of the work previously performed by any full-time employee who is laid off during the term of this agreement. 5. The News Department manager and supervisors may create and publish content and perform other bargaining unit functions as needed.
Sample 1
COVERAGE AND JURISDICTION. 1. This Contract covers all full-time and part-time newsroom employees of the Employer excluding only managers, confidential employees, guards and supervisors as defined by the National Labor Relations Act. The following positions are excluded from the contract: • President • South Carolina Projects Editor • Breaking News Editor • Politics/State Government Editor • Sports Editor • Metro Editor • South Carolina Metro Editor • Editorial Board • Regional and/or cross-market employees employed by other McClatchy newsrooms. 2. Performance of the following, whether by presently or normally used processes or equipment or by new or modified processes or equipment, shall be assigned only to employees covered by this Contract. (a) The kind of work either normally or presently performed by employees within the bargaining unit covered by this Contract. (b) Any kind of work similar in skill, or performing similar functions, as the kind of work either normally or presently performed by employees in the bargaining unit, and (c) Any other kind of work assigned to be performed permanently by employees in the bargaining unit. 3. The Employer shall have the right in its discretion to adopt new technology, to install new software or equipment, and to use a new process for the performance of work presently or historically performed by employees covered by this Contract. To the greatest extent practicable, the Employer shall give the Guild at least thirty (30) days’ notice prior to the installation of such software, equipment, or technology. 4. The Employer is free to use stringers so long as such use does not directly result in the layoff of an employee, elimination of a bargaining unit position or a reduction of bargaining unit hours. The News Department manager and supervisors may create and publish content and perform other bargaining unit functions as needed, so long as such work does not result in the layoff of an employee, elimination of a bargaining unit position or a reduction of bargaining unit hours. An employee promoted out of the unit shall not continue to perform their bargaining unit duties, unless otherwise mutually agreed for coverage and/or transitional purposes. 5. The Employer may use wire services or other outside providers to obtain world, national, regional or otherwise relevant and unavailable content.
Sample 1
COVERAGE AND JURISDICTION. The law of the country, in which our company is based, is applied. CISG is excluded, even if the order comes from abroad or it should be delivered to abroad. If the customer has his domicile or habitual residence abroad, the jurisdiction of the location of our headquarters is applied for all claims relating to our products or services. The contractor is also entitled to xxx in the jurisdiction of client.
Sample 1
COVERAGE AND JURISDICTION. 1. This Contract covers all full-time and part-time newsroom employees of the Employer excluding only managers, confidential employees, guards and supervisors as defined by the National Labor Relations Act. The following positions are excluded from the contract: • President/Editor • Senior Editor • Editorial Board • Regional and/or cross-functional employees employed by other McClatchy newsrooms 2. Performance of the following, whether by presently or normally used processes or equipment or by new or modified processes or equipment, shall be assigned only to employees covered by this Contract. a. The kind of work either normally or presently performed by employees within the bargaining unit covered by this Contract. b. Any kind of work similar in skill, or performing similar functions, as the kind of work either normally or presently performed by employees in the bargaining unit. c. Any other kind of work assigned to be performed permanently by employees in the bargaining unit. 3. The Employer shall have the right in its discretion to adopt new technology, to install new software or equipment, and to use a new process for the performance of work presently or historically performed by employees covered by this Contract. To the greatest extent practicable, the Employer shall give the Guild at least thirty (30) days’ notice prior to the installation of such software, equipment, or technology. 4. The Employer is free to use stringers so long as such use does not directly result in the layoff of an employee, elimination of a bargaining unit position or a reduction of bargaining unit hours. The News Department manager and supervisors may create and publish content and perform other bargaining unit functions as needed, so long as such work does not result in the layoff of an employee, elimination of a bargaining unit position or a reduction of bargaining unit hours. An employee promoted out of the unit shall not continue to perform their bargaining unit duties, unless otherwise mutually agreed for coverage and/or transition purposes. 5. The Employer may use wire services or other outside providers to obtain world, national, regional, or otherwise relevant and unavailable content.
Sample 1
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COVERAGE AND JURISDICTION. 1. This Contract covers all full-time and regular part-time News Department employees employed by the Charlottesville Daily Progress, as defined in the NLRB RC Petition but excluding other employees who are exempt as defined in the National Labor Relations Act. 2. The following job titles are non-exempt and covered by this CBA: • Reporter • Sports Reporter • Sr. Reporter • Page Designer / Copy Editor • Photographer • Newsroom Assistant • Features Editor • Digital Content Editor 3. Performance of the following, whether by presently or normally used processes or equipment or by new or modified processes or equipment, shall be assigned only to employees covered by this Contract. (a) The kind of work either normally or presently performed by employees within the bargaining unit covered by this Contract. (b) Any kind of work similar in skill, or performing similar functions, as the kind of work either normally or presently performed by employees in the bargaining unit, and. (c) Any other kind of work assigned to be performed by employees in the bargaining unit. 4. The Employer is free to use stringers so long as such use does not result in the layoff of an employee or the elimination of a bargaining unit position. The News Department manager and supervisors may create and publish content and perform other bargaining unit functions as needed, so long as such work does not result in the layoff of an employee or the elimination of a bargaining unit position. 5. The Employer may use wire services or other outside providers to obtain world, national, regional or otherwise relevant content.
Sample 1

Related to COVERAGE AND JURISDICTION

  • Venue and Jurisdiction Any claim, action, suit or proceeding between Agency (or any other agency or department of the State of Oregon) and Contractor that arises from or relates to this Contract must be brought and conducted solely and exclusively within the Circuit Court of Xxxxxx County for the State of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. In no event may this section be construed as (i) a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim, action, suit or proceeding, or (ii) consent by the State of Oregon to the jurisdiction of any court.

  • Governing Laws and Jurisdiction This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.

  • Governing Law; Venue and Jurisdiction THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE AND FEDERAL COURTS FOR THE COUNTY OF THE LEA FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS DPA OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  • Law and Jurisdiction This Amendment shall be governed by, and construed in accordance with, the law of the State of New York.

  • Proper Law and Jurisdiction This Agreement shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English courts.

  • Applicable Law, Venue and Jurisdiction This Agreement shall be construed under and in accordance with the laws of the State of Texas, with jurisdiction in the courts of the State of Texas and venue in Galveston, County regardless of where the obligations of the parties were performed. By execution of this Agreement, the parties agree to subject themselves to the jurisdiction of the Courts of the State of Texas in all matters relating to or arising out of this Agreement or the Work.

  • Mediation and jurisdiction The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

  • Governing Law and Jurisdiction (a) THIS AGREEMENT SHALL BE DEEMED TO BE A CONTRACT MADE UNDER AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK (INCLUDING FOR SUCH PURPOSE SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK) EXCEPT TO THE EXTENT THAT THE VALIDITY OR PERFECTION OF A SECURITY INTEREST OR REMEDIES HEREUNDER, IN RESPECT OF ANY PARTICULAR COLLATERAL ARE GOVERNED BY THE LAWS OF A JURISDICTION OTHER THAN THE STATE OF NEW YORK. (b) ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT MAY BE BROUGHT IN THE COURTS OF THE STATE OF NEW YORK OR OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK; AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, EACH OF THE PARTIES HERETO CONSENTS, FOR ITSELF AND IN RESPECT OF ITS PROPERTY, TO THE NON-EXCLUSIVE JURISDICTION OF THOSE COURTS. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, THAT IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION IN RESPECT OF THIS AGREEMENT OR ANY DOCUMENT RELATED HERETO. EACH OF THE PARTIES HERETO WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER PROCESS, WHICH SERVICE MAY BE MADE BY ANY OTHER MEANS PERMITTED BY NEW YORK LAW.

  • Arbitration and Jurisdiction (a) Any dispute, controversy or claim arising out of or relating to (1) this Agreement, (2) the breach, termination or invalidity hereof or (3) any non-contractual obligations arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the courts of England. The arbitral tribunal shall not be authorised to grant, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures or pre-award relief against EBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of EBRD as to any amount due to EBRD under any Financing Agreement shall be prima facie evidence of such amount. (b) Notwithstanding Section 8.09(a), this Agreement and the other Financing Agreements, and any rights of EBRD arising out of or relating to this Agreement or any other Financing Agreement, may, at the option of EBRD, be enforced by EBRD in the courts of England and Wales or in any other courts having jurisdiction. For the benefit of EBRD, the Borrower hereby irrevocably submits to the non-exclusive jurisdiction of the courts of England with respect to any dispute, controversy or claim arising out of or relating to this Agreement or any other Financing Agreement, or the breach, termination or invalidity hereof or thereof. The Borrower hereby irrevocably designates, appoints and empowers Trident Company Services (UK) Limited at its registered office (being, on the date hereof, at 0 Xxxxxxx Xxxxxx, Xxxxxx X0X 0XX, Xxxxxxx) to act as its authorised agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of any Financing Agreement. Failure by a process agent to notify the Borrower of the process will not invalidate the proceedings concerned. The Borrower hereby irrevocably consents to the service of process or any other legal summons out of such courts by mailing copies thereof by registered airmail postage prepaid to its address specified herein. The Borrower covenants and agrees that, so long as it has any obligations under this Agreement, it shall maintain a duly appointed agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of any Financing Agreement and shall keep EBRD advised of the identity and location of such agent. Nothing herein shall affect the right of EBRD to commence legal actions or proceedings against the Borrower in any manner authorised by the laws of any relevant jurisdiction. The commencement by EBRD of legal actions or proceedings in one or more jurisdictions shall not preclude EBRD from commencing legal actions or proceedings in any other jurisdiction, whether concurrently or not. The Borrower irrevocably waives any objection it may now or hereafter have on any grounds whatsoever to the laying of venue of any legal action or proceeding and any claim it may now or hereafter have that any such legal action or proceeding has been brought in an inconvenient forum.

  • Applicable Law; Forum, Venue and Jurisdiction (a) This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the principles of conflicts of law. (b) Each of the Partners and each Person holding any beneficial interest in the Partnership (whether through a broker, dealer, bank, trust company or clearing corporation or an agent of any of the foregoing or otherwise): (i) irrevocably agrees that any claims, suits, actions or proceedings (A) arising out of or relating in any way to this Agreement (including any claims, suits or actions to interpret, apply or enforce the provisions of this Agreement or the duties, obligations or liabilities among Partners or of Partners to the Partnership, or the rights or powers of, or restrictions on, the Partners or the Partnership), (B) brought in a derivative manner on behalf of the Partnership, (C) asserting a claim of breach of a fiduciary duty owed by any director, officer, or other employee of the Partnership or the General Partner, or owed by the General Partner, to the Partnership or the Partners, (D) asserting a claim arising pursuant to any provision of the Delaware Act or (E) asserting a claim governed by the internal affairs doctrine shall be exclusively brought in the Court of Chancery of the State of Delaware, in each case regardless of whether such claims, suits, actions or proceedings sound in contract, tort, fraud or otherwise, are based on common law, statutory, equitable, legal or other grounds, or are derivative or direct claims; (ii) irrevocably submits to the exclusive jurisdiction of the Court of Chancery of the State of Delaware in connection with any such claim, suit, action or proceeding; (iii) agrees not to, and waives any right to, assert in any such claim, suit, action or proceeding that (A) it is not personally subject to the jurisdiction of the Court of Chancery of the State of Delaware or of any other court to which proceedings in the Court of Chancery of the State of Delaware may be appealed, (B) such claim, suit, action or proceeding is brought in an inconvenient forum, or (C) the venue of such claim, suit, action or proceeding is improper; (iv) expressly waives any requirement for the posting of a bond by a party bringing such claim, suit, action or proceeding; and (v) consents to process being served in any such claim, suit, action or proceeding by mailing, certified mail, return receipt requested, a copy thereof to such party at the address in effect for notices hereunder, and agrees that such services shall constitute good and sufficient service of process and notice thereof; provided, nothing in clause (v) hereof shall affect or limit any right to serve process in any other manner permitted by law.

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