Employment of Employees. On the Closing Date, NDC shall offer ------------------------ employment to those Employees of the Acquired Business listed on Schedule 2.13 of the PMSI Database Disclosure Memorandum. PMSI agrees to use its commercially reasonable efforts to assist NDC in hiring such Employees and will use its commercially reasonable efforts to make such Employees available to NDC. All such Employees accepting NDC's offer of employment are hereinafter referred to as the "Hired Employees." Except as otherwise provided herein, PMSI shall be responsible for the payment of all earned but unpaid salaries, bonus, vacation pay, sick pay, holiday pay, severance pay and other like obligations and payments to the Employees for all periods ending on or prior to the Closing Date. PMSI shall be responsible for the payment of any amounts due to its Employees (including the Hired Employees) pursuant to the PMSI Benefit Plans as a result of the employment of its Employees, and, in determining bonuses and other similar payments due to Hired Employees for any period ended on or prior to the Closing Date, PMSI shall, if payment thereof will occur after the Closing Date and the applicable performance period has been completed prior to the Closing Date, waive any requirement that such Employees be employees of PMSI on the date such bonuses or other similar payments are paid. PMSI shall be responsible for all incurred but unreported or unpaid medical claims occurring prior to the Closing Date and for the cost associated with any hospital confinement which commences prior to the Closing Date. NDC shall become responsible for all costs and liabilities attributable to Hired Employees accruing on and after the Closing Date; provided, however, that NDC shall not be responsible for (a) liabilities arising under the PMSI Benefit Plans or (b) liabilities associated with any leaves taken prior to the Closing Date in connection with the Family and Medical Leave Act of 1993. Effective on the Closing Date, PMSI shall, and hereby does, release all Hired Employees from any employment and/or confidentiality agreement previously entered into between PMSI and such Hired Employees relating to the Acquired Business to the extent (but only to the extent) necessary for NDC to operate the Acquired Business in the same manner as operated by PMSI prior to the Closing Date.
Employment of Employees. Purchaser currently expects to employ, at its option, certain of the employees of Seller. Seller agrees to take no action which would interfere with such employment by Purchaser, and shall take all action required by law or otherwise to release them from agreements with Seller that may prohibit their employment with Purchaser and to cause the valid termination of employment at the Closing Date of such employees by Seller who are to be employed by Purchaser following the Closing Date. Seller further agrees that Purchaser shall not assume any responsibility for, and Seller shall indemnify Purchaser from and against, any liability arising from any termination of employment of those employees of Seller whom Purchaser does not employ after the Closing Date, or as to whom Purchaser gives Seller notice that Purchaser will not continue their employment, such notice to be given on or prior to the Closing Date. Seller further agree that Purchaser shall not be liable for, and Seller shall indemnify Purchaser from and against any liability in respect of any employees of Seller for any acts or omissions relating to the employment of such employees or to the business of Seller arising on or prior to the Closing Date, regardless of whether the employees of Seller are subsequently employed by Purchaser. Nothing in this Agreement is intended to confer upon any employee of Seller any rights or remedies, including, without limitation, any rights of employment of any nature or kind whatsoever.
Employment of Employees. On the date of Closing, the Buyer shall offer employment to substantially all of the salaried and non-salaried employees of the Seller who are employed in the operation of the Store. The employment offered by the Buyer shall be "at will," and the Buyer shall be under no obligation to continue such employment following the date of Closing. The Seller shall terminate the employment of all of its salaried and non-salaried employees who are employed in the operation of the Store as of the close of business on the date of Closing, and the Seller shall be responsible for all wages, salaries, and other benefits, if any, due and owing to such Employees for all periods ending on or prior to the date of Closing. Additionally, the Buyer shall cause all Store managers who become employed by the Buyer to be covered, commencing on the first day of such employment, under the Buyer's health and medical welfare and benefit plans without any waiting period, with a waiver of pre-existing conditions, and otherwise on the same terms as such insurance coverages are provided generally to the employees of the Buyer.
Employment of Employees. 52 11.2 Seller's Benefit Plans................................................... 52 11.3
Employment of Employees. 8 8. Assignment.......................................................... 8 9. No Third-Party Beneficiaries........................................ 9 10. Expenses............................................................ 9 11.
Employment of Employees. Purchaser shall have no obligation to ------------------------ employ or to offer employment to any of the employees of Seller. Seller shall be responsible for the payment of all wages, commissions, severance pay, accrued but unpaid wages, vacation pay, sick pay, and holiday pay to the employees of Seller, up to and including the date Seller terminates the employment of such employees. Seller shall be responsible for the payment of any amounts due to its employees pursuant to any benefit plans of Seller as a result of the employment of its employees.
Employment of Employees. 11.1 Except as specifically limited by this Agreement and (with or without cause except as expressly provided to the contrary in this Agreement), the Employers shall have entire freedom of selectivity in hiring and may discharge any Employee for any cause which they may deem sufficient.
11.2 Painters and Apprentices will be hired in the manner set forth in this article. Separate hiring halls will be maintained by each Local Union party to this Agreement. Hiring halls will be operated on an open and non-discriminatory basis for employment of Employees of this particular trade, including Painters or indentured Apprentices, previously employed by Employers signatory to this Agreement and non-member workers who may make application for a place on the appropriate out of worklist.
11.3 When an Employer desires to hire Painters or Apprentices, a request shall be made to the Local that has jurisdiction over the job. If the order is not filled within twenty-four (24) hours (Saturday, Sunday and holidays excluded) the Employer can hire from any source. The Employer shall report the name, address and social security number of any Employee hired outside the hiring hall to the Local Union having jurisdiction over the job within forty-eight (48) hours after the Employee begins work.
11.3.1 Each Employer agrees that, at the time of employment of any Employee covered by this Agreement, such Employer shall secure from the Employee a work referral slip (dispatch) and the slip shall indicate that an authorization form has been signed by the Employee and is on file at the Local Union office. The Employer will be provided with a copy of the authorization form.
11.4 The Union shall maintain a list of available Employees, on an open nondiscriminatory basis. The Union shall refer applicants for employment, without unlawful discrimination against such employees, by reason of Membership in the Union, race, religion, color, age, sex, national origin, disability, or veteran status. Separate out-of-work lists will be maintained for Painters and Painter Apprentices. The “A” list shall consist of all applicants for employment who have demonstrated their craft knowledge by having worked a period of two (2) consecutive years for Employers who have established collective bargaining relationships with IUPAT DC#5. The “B” list shall consist of all applicants for employment who can demonstrate their craft knowledge by demonstrating that they were employed as a Painter for three (3) consecutiv...
Employment of Employees. (a) Purchaser shall extend offers of employment, as of the Closing Date, to such employees of the Branch Office listed in Schedule 7.1(a) attached hereto and incorporated herein, which schedule shall include the names of each employee, their date of employment, salary, type of health plan coverage, including single or family coverage, number of dependents and portion of premium paid by employee, and any applicable severance plan as may be employed by Seller at the Branch Office as of the Closing Date (including, without limitation, those employees who on the Closing Date are on family and medical leave, military leave, or personal or pregnancy leave and who elect to return to work not later than one (1) year following the Closing Date; individually and collectively the "Leave Employees" herein) for positions entailing responsibilities in effect at Seller as of the Closing Date, and for a base salary not less than that paid by Seller as of the Closing Date. Employees accepting employment with Purchaser, including but not limited to the Leave Employees, are referred to herein individually and collectively as the "Transferred Employees." In the event that Purchaser shall transfer (except in a comparable position and for comparable compensation to an office not more than 35 miles from the Branch Office at which the Transferred Employee is employed as of the Closing Date, or at the request of the Transferred Employee), terminate employment of, or reduce the base salary of, a Transferred Employee (the "Terminated Employee") between the Closing Date and the date which is one (1) year from the Closing Date, other than for
Employment of Employees. 12.1 a. Except as specifically limited by this Agreement, the Employers shall have entire freedom of selectivity in hiring and may discharge any employees for any cause that they may deem sufficient.
Employment of Employees. All individuals filling the positions identified in Exhibit “A” shall be and remain exclusively employees of the City. All supervision of these employees and all employment decisions with regard to these employees, such as hiring, firing, discipline and compensation adjustments, shall rest exclusively with the City Manager. However, the City Manager will consult with the DDA’s designated representative when making any decision regarding hiring or firing of any employee filling a position listed on Exhibit “A.”
