EMPLOYER AND EMPLOYEE DUTIES 11.1 An employer may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training consistent with the classification structure of this agreement provided that such duties are not designed to promote xx-xxxxxxxx. 11.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment. 11.3 Any direction issued by an employer under this clause is to be consistent with the employer's responsibilities to provide a safe and healthy working environment.
Labor and Employment Matters (a) Set forth on Section 4.14(a) of the Seller’s Disclosure Schedule is a complete and accurate list of any employees of the Company and its Subsidiaries (the “Employees”), and contractors and consultants who are individuals that provide services to the Company and its Subsidiaries as of the date hereof. (b) Neither the Company nor any of its Subsidiaries is a party or subject to any collective bargaining agreement, union contract, letter, side letter or other Contract involving any union, labor organization or other employee association. No union, labor organization or other employee association represents or purports to represent any Employee, contractor or consultant employed or retained by the Company or any of its Subsidiaries; there is not pending any effort or campaign to organize Employees into any union, labor organization or other employee association; and neither the Company nor any of its Subsidiaries has any obligation to recognize or bargain with any union, labor organization or other employee association. There have not been, and there are not pending or, to the Knowledge of the Seller, threatened, any labor disputes, strikes, work stoppages, lockouts, requests for representation, pickets, or work slowdowns that involve any union, labor organization or other employee association or Employees, contractors who are individuals or consultants of the Company or any of its Subsidiaries. (c) Except as contemplated by this Agreement, neither the Company nor any of its Subsidiaries has effectuated or is in the process of effectuating a “plant closing” (as defined in the WARN Act) or a “mass lay-off” (as defined in the WARN Act), in either case affecting any site of employment or facility of the Company or any of its Subsidiaries, except in compliance with the WARN Act. (d) Since January 1, 2008, the Company and each of its Subsidiaries has complied with and has not engaged in any action or failure to act giving rise to liability under any Law, Contract (including but not limited to any employment or services agreement), benefit plan or other legal requirement, restriction or entitlement relative to any employee, contractor, consultant, labor organization or other individual employed by or who provides services to the Company or its Subsidiaries, or their businesses. (e) Notwithstanding anything elsewhere in this agreement to the contrary, the representations and warranties in this Section 4.14 are the sole and exclusive representations and warranties in this Agreement concerning labor and employment matters, subject to the last sentence of Section 4.6(e).
Non-Discrimination and Equal Employment Opportunity Provider represents and agrees that it does not and shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin.
EMPLOYMENT POLICY AND UNION MEMBERSHIP 5.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force. The Employer will notify the Union of manpower requirements giving as much prior notice as possible. The Union will provide a list of manpower available. The Employer at its discretion may hire employees so listed or from other sources. 5.02 The Employer has the right to hire new employees as needed, provided that no new employee(s) will be hired while there are available employees on layoff qualified to do the work. 5.03 New employees will be hired on a three (3) month probationary period, and thereafter shall attain regular employment status. Their respective seniority shall be dated back to the date of their last hiring by the Employer. 5.04 Probationary employees are covered by the Agreement, excepting those provisions which specifically exclude such employees. 5.05 The Employer and the Union will endeavour to make use of an apprenticeship program for employees hired in the Skilled Xxxxxxx Helper and Xxxxxxx Helper classifications. The parties recognize the Employer's legitimate concern to maintain control over the availability of manpower especially at peak work periods. 5.06 Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employees because of Union membership or lack of it, and will inform all new employees of the contractual relationship between the Employer and the Union. Before commencing work, any new employee will be referred by the Employer to a xxxxxxx or Local 52 Representative in order to give such xxxxxxx or Local 52 Representative an opportunity to describe the Union's purposes and representation policies to such new employees.