Common use of Employees; Employee Benefit Plans; ERISA Clause in Contracts

Employees; Employee Benefit Plans; ERISA. (a) Except as set forth on Schedule 3.15(a), there is no (i) collective bargaining agreement or any other agreement with any labor organization to which B2B is a party applicable to the employees of B2B; (ii) unfair labor practice complaint or charge pending or, to B2B's knowledge, threatened against B2B before the National Labor Relations Board or any other federal, state, local or foreign agency; (iii) pending or, to B2B's knowledge, threatened strike, slowdown, work stoppage, lockout or other collective labor action by or with respect to any employees of B2B; (iv) grievance, unfair dismissal or arbitration proceeding pending against B2B; (v) pending or, to B2B's knowledge, threatened complaint, charge, lawsuit or other proceeding against B2B by employees of B2B alleging discrimination, (vi) pending or, to B2B's knowledge, threatened representation question or union organizing activities with respect to any employees of B2B; (vii) pending or, to B2B's knowledge, threatened notice of the intent of any federal, state, local or foreign agency responsible for the enforcement of labor or employment Laws, including, but not limited to, occupational safety and health, to conduct an investigation and no such investigation is in progress with respect to any employees of B2B; (viii) complaint, charge, lawsuit or other proceeding pending or, to B2B's knowledge, threatened in any forum by or on behalf of any present or former employee of B2B, any applicant for employment or classes of the foregoing alleging breach of any express or implied contract or employment, any Law governing employment or the termination thereof or other discriminatory, wrongful or tortious conduct concerning the employment relationship; and (ix) material written personnel policy, rule or procedure applicable to employees of B2B, other than those set forth on Schedule 3.15(a). B2B is, and since December 1, 1999 has been, in compliance in all material respects with all applicable Laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work, and occupational safety and health.

Employees; Employee Benefit Plans; ERISA. (a) Except as set forth on Schedule 3.15(a2.16(a), there is no (i) collective bargaining agreement or any other agreement with any labor organization to which B2B any of VNCI or the Subsidiaries is a party applicable to the employees of B2Bany of VNCI or the Subsidiaries; (ii) unfair labor practice complaint or charge pending or, to B2B's knowledge, or threatened against B2B any of VNCI or the Subsidiaries before the National Labor Relations Board or any other federal, state, local or foreign agency; (iii) pending or, to B2BVNCI's knowledge, threatened strike, slowdown, work stoppage, lockout or other collective labor action by or with respect to any employees of B2Bany of VNCI or the Subsidiaries; (iv) grievance, unfair dismissal or arbitration proceeding pending against B2Bany of VNCI or the Subsidiaries; (v) pending orpending, or to B2BVNCI's knowledge, threatened complaint, charge, lawsuit or other proceeding against B2B any of VNCI or the Subsidiaries by employees of B2B any of VNCI or the Subsidiaries alleging discrimination, (vi) pending or, to B2BVNCI's knowledge, threatened representation question or union organizing activities with respect to any employees of B2Bany of VNCI or the Subsidiaries; (vii) pending or, to B2BVNCI's knowledge, threatened notice of the intent of any federal, state, local or foreign agency responsible for the enforcement of labor or employment Laws, including, but not limited to, occupational safety and health, to conduct an investigation and no such investigation is in progress with respect to any employees of B2Bany of VNCI or the Subsidiaries; (viii) complaint, charge, lawsuit or other proceeding pending or, to B2BVNCI's knowledge, threatened in any forum by or on behalf of any present or former employee of B2Bany of VNCI or the Subsidiaries, any applicant for employment or classes of the foregoing alleging breach of any express or implied contract or employment, any Law governing employment or the termination thereof or other discriminatory, wrongful or tortious conduct concerning the employment relationship; and (ix) material written personnel policy, rule or procedure applicable to employees of B2Bany of VNCI or the Subsidiaries, other than those set forth on Schedule 3.15(a2.16(a). B2B isVNCI and the Subsidiaries are, and since December January 1, 1999 has 1998 have been, in compliance in all material respects with all applicable Laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work, and occupational safety and health.