Employee Relations Matters. (a) Neither Wendy’s nor any of its Subsidiaries is a party to, or bound by, any collective bargaining agreement, contract or other agreement or understanding with a labor union, labor organization, trade union or works council. Neither Wendy’s nor any of its Subsidiaries has committed any material unfair labor practice as defined in the National Labor Relations Act or other applicable Laws, except as has not had since December 30, 2007 and would not reasonably be expected to have, individually or in the aggregate, a Wendy’s Material Adverse Effect. To the knowledge of Wendy’s, there are no organizational efforts with respect to the formation of a collective bargaining unit or, as of the date of this Agreement, labor union organizing activities being made or threatened involving employees of Wendy’s or any of its Subsidiaries.
(b) There are no pending or, to the knowledge of Wendy’s, threatened arbitrations, grievances, labor disputes, strikes, lockouts, slowdowns or work stoppages against Wendy’s or any of its Subsidiaries, nor has there been any of the foregoing since December 30, 2007 that has had, or would reasonably be expected to have, individually or in the aggregate, a Wendy’s Material Adverse Effect.
(c) Wendy’s and each of its Subsidiaries are and have been in compliance with all applicable Laws respecting employment and employment practices, including all Laws respecting terms and conditions of employment, health and safety, wages and hours, child labor, immigration, employment discrimination, disability rights or benefits, equal opportunity, plant closures and layoffs, affirmative action, workers’ compensation, labor relations, employee leave issues and unemployment insurance, except as has not had since December 30, 2007 and would not reasonably be expected to have, individually or in the aggregate, a Wendy’s Material Adverse Effect. Wendy’s and each of its Subsidiaries are not in any material respect delinquent in payments to any employees or former employees for any services or amounts required to be reimbursed or otherwise paid. Neither Wendy’s nor any of its Subsidiaries is a party to, or otherwise bound by, any order of any Governmental Entity relating to employees or employment practices other than any ordinary course settlement with a Governmental Entity, in each case in an amount not more than $100,000 individually.
(d) Neither Wendy’s nor any of its Subsidiaries has received notice of (i) any unfair labor practice charge or complaint p...
Employee Relations Matters. (a) Except as has not had and would not reasonably be expected to have, individually or in the aggregate, a Jefferies Material Adverse Effect, (i) there is no labor strike, dispute, slowdown, stoppage or lockout actually pending or, to the Knowledge of Jefferies, threatened against Jefferies or any of its Subsidiaries, (ii) no union or labor organization represents, or claims to represent, any group of employees with respect to their employment by Jefferies or any of Subsidiaries and no union organizing campaign with respect to the employees of Jefferies or its Subsidiaries is, to the Knowledge of Jefferies, underway or threatened, (iii) there is no unfair labor practice charge or complaint against Jefferies or its Subsidiaries pending or, to the Knowledge of Jefferies, threatened before the National Labor Relations Board or any similar state or foreign agency, (iv) there is no grievance pending relating to any collective bargaining agreement or other grievance procedure and (v) no charges with respect to or relating to Jefferies or its Subsidiaries are pending before the Equal Employment Opportunity Commission or any other agency responsible for the prevention of unlawful employment practices.
(b) Neither Jefferies nor any of its Subsidiaries is engaged in any layoffs or employment terminations sufficient in number to trigger application of the Worker Adjustment and Retraining Notification Act, as amended (the “WARN Act”) or any similar state, local or foreign Law.
Employee Relations Matters. 43 Section 4.15 Intellectual Property 45 Section 4.16 Real Property 46 Section 4.17 Opinion of Financial Advisor 47 Section 4.18 Intentionally omitted 47 Section 4.19 Vote of Triarc Stockholders 47 Section 4.20 Material Contracts 48 Section 4.21 Franchise Matters 48 Section 4.22 Triarc Joint Ventures 50 Section 4.23 Finders or Brokers 50 Section 4.24 Lack of Ownership of Common Shares 50 Section 4.25 Insurance 51
Employee Relations Matters. In addition to his/her work as an employee, a Trade Union Representative/ Branch Official may have important duties concerned with employee relations. These duties will include:- • Collective bargaining with the appropriate level of management • Informing members about negotiations or consultations with management • Meetings with other Trade Union Representatives or with full-time Officers on matters of concern with employee relations between Bolsover District Council and its employees. • Interviews with and on behalf of members on grievance and discipline matters concerning them and Bolsover District Council. • Appearing on behalf of members before an outside body, e.g. an Employment Tribunal. • Providing support, advice and assistance to members concerning employee relation matters.
Employee Relations Matters. (a) For purposes of this Section 9.1, the term "Company Employees" shall mean all persons employed by the TFS Companies as of the Closing Date (including any person on sick leave, short-term disability, leave of absence, or vacation); provided, however, that the term "Company Employees" shall not include employees of the companies listed in Section 6.1(b)(i) or of any entity that is not part of the Acquired Business. "Company Employees" shall include persons employed by the Arcadia Companies and TFS BC only if and when Purchaser consummates the Arcadia Purchase and the TFS BC Purchase, as applicable, and references in this Article IX to "Closing Date" shall refer to the closing date of the Arcadia Purchase and the TFS BC Purchase with respect to employees of the Arcadia Companies and TFS BC, as applicable. Seller shall assume or retain responsibility for any person employed by the TFS Companies who, as of the Closing Date, is on long-term disability; provided, however, that Purchaser shall treat such person as a Company Employee if and when he returns to work within six months after the Closing Date.
Employee Relations Matters. 22 Section 3.15 Intellectual Property 23 Section 3.16 Real Property 24 Section 3.17 Opinion of Financial Advisor 25 Section 3.18 Required Vote of Wendy’s Shareholders 26 Section 3.19 Takeover Statutes; Shareholder Rights Plan 26 Section 3.20 Material Contracts 26
Employee Relations Matters. 44 Section 9.2 TC Pension Plan.............................................................................46 Section 9.3 Employee Welfare Benefit Plans..............................................................47 Section 9.4
Employee Relations Matters. 49 Section 10.2. No Other Restrictions ..................................... 53
Employee Relations Matters. (a) Schedule 10.1 lists separately (i) each position currently filled by employees of the MHL Business ("Employees") by job title, and including current base wages or salary, date of hire, years of credited service and (ii) the current status of each employee filling such position (e.g., whether the employee is active, receiving benefits under any short-term disability plan of Seller or the MHL Business, or on approved leave of absence, etc.). For purposes of this Agreement, the term "Employee" shall not include any employee who is retired or who is absent from work due to sickness or disability on the Closing Date and does not return to work within six (6) months of the Closing Date.
(b) Each Employee shall be employed by Purchaser at base wages and salaries no less favorable than the wages and salaries currently being paid by Seller or its Affiliates to such Employee effective upon the Employee's Hire Date. Unless agreed upon by an Employee, for a period ending 12 months after the Closing Date, the Employee's position with Purchaser will not create a commute that is greater than thirty-five (35) miles one-way, and if the Employee's current commute is in excess of thirty-five (35) miles one-way, the position will not increase the Employee's commute, provided, however, if during this period an Employee's commute is so increased and the Employee terminates his or her employment with Purchaser, the Employee shall be entitled to severance in accordance with the provisions of Section 10.1(j).
(c) Seller shall assume full responsibility for and liability on account of the first installment payment under the Senior Officer Retention Program. Purchaser shall assume full responsibility for and liability on account of the second installment payment under the Senior Officer Retention Program. Seller shall assume full responsibility for and liability on account of all amounts payable under the Key Employee Retention Program and Purchaser shall have no liability thereunder.
(d) As of their Hire Dates, Employees shall no longer be eligible to participate in the BAC Benefit Plans. As of their Hire Dates, all Employees shall be eligible to participate in the Employee Benefit Plans and Other Fringe Benefits of Purchaser on the same basis as such plans and benefits are offered to employees of Purchaser with comparable positions with Purchaser. Purchaser shall credit such Employees for their length of service with the MHL Business for all purposes under each Employee Benefi...
Employee Relations Matters. (a) Except as has not had and would not reasonably be expected to have, individually or in the aggregate, a Leucadia Material Adverse Effect, (i) there is no labor strike, dispute, slowdown, stoppage or lockout actually pending or, to the Knowledge of Leucadia, threatened against Leucadia or any of its Subsidiaries, (ii) no union or labor organization represents, or claims to represent, any group of employees with respect to their employment by Leucadia or any of Subsidiaries and no union organizing campaign with respect to the employees of Leucadia or its Subsidiaries is, to the knowledge of Leucadia, underway or threatened , (iii) there is no unfair labor practice charge or complaint against Leucadia or its Subsidiaries pending or, to the Knowledge of Leucadia, threatened before the National Labor Relations Board or any similar state or foreign agency, (iv) there is no grievance pending relating to any collective bargaining agreement or other grievance procedure and (v) no charges with respect to or relating to Leucadia or its Subsidiaries are pending before the Equal Employment Opportunity Commission or any other agency responsible for the prevention of unlawful employment practices.
(b) Neither Leucadia nor any of its Subsidiaries is engaged in any layoffs or employment terminations sufficient in number to trigger application of the WARN Act or any similar state, local or foreign Law.
