Common use of Employment Standards Act Clause in Contracts

Employment Standards Act. During the current negotiations the Union expressed concern about the possibility of future legislative changes negatively impacting existing employment standards as set forth in the Employment Standards Act (Ontario) June 5, 1995. During the negotiation process the parties acknowledged their reliance on this legislation as forming a basis for past practices in respect of employment standards not otherwise specifically covered by the collective agreement. As an outgrowth of these discussions, the parties came to the following agreement. (a) The rights, benefits, terms or conditions of employment as set out as employment standards in the Employment Standard Act, and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation and/or its employees, shall be minimum requirements incorporated within this collective agreement; however, where this collective agreement provides higher remuneration in money or greater right, benefit, term or condition of employment in favour of an employee(s) with respect to a particular standard, this collective agreement shall prevail. A violation of the rights, benefits, terms or conditions of employment as set out as employment standards in the Employee Standards Act and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation and/or its employees, may be subject to the grievance procedure of this collective agreement or may prosecuted and enforced through the procedural mechanisms offered by the Employment Standards Act and Regulations thereunder, as they exist from time to time, but not both. (b) During the 1996 negotiations, the Union expressed the concern that the Provincial Government has and would amend the Employment Standards Act and/or Regulations in a manner adverse to the interests of the Union and DaimlerChrysler bargaining unit employees. It was agreed that the parties shall meet within thirty (30) days after the introduction of a Xxxx amending the ESA to the legislature to discuss the proposed Xxxx. The parties agree that the Union and/or DaimlerChrysler bargaining unit employees shall not be disadvantaged in any way by any amendments to the ESA or Regulations thereunder made by the Provincial Government. It is agreed that for example, if any part of the collective agreement or past practice of the parties provides a greater right, benefit, term or condition of employment than the amendment to a particular employment standard (such as an amendment to the 8 x 48 hours of work rule), then the collective agreement or past practice shall prevail and apply. The parties agree that a difference between them relating to the application, alleged violation or interpretation of the above provisions may be subject to the grievance procedure under this collective agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Employment Standards Act. During the current negotiations the Union expressed concern about the possibility of future legislative changes negatively impacting existing employment standards as set forth in the Employment Standards Act (Ontario) June 5, 1995. During the negotiation process the parties acknowledged their reliance on this legislation as forming a basis for past practices in respect of employment standards not otherwise specifically covered by the collective agreement. As an outgrowth of these discussions, the parties came to the following agreement. (a) a. The rights, benefits, terms or conditions of employment as set out as employment standards in the Employment Standard Standards Act, and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employees, shall be minimum requirements incorporated within this collective agreement; however, where this collective agreement provides higher remuneration in money or a greater right, benefit, term or condition of employment in favour of an employee(s) with respect to a particular standard, this collective agreement shall prevail. A violation of the rights, benefits, terms or conditions of employment as set out as employment standards in the Employee Employment Standards Act and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employees, may be subject to the grievance procedure of this collective agreement or may be prosecuted and enforced through the procedural mechanisms offered by the Employment Standards Act and Regulations thereunder, as they exist from time to time, but not both. (b) b. During the 1996 negotiations, the Union union expressed the concern that the Provincial provincial Government has and would amend the Employment Standards Act and/or and or Regulations in a manner adverse to the interests of the Union and DaimlerChrysler FCA Canada bargaining unit employees. It was agreed that the parties shall meet within thirty (30) days after the introduction of a Xxxx amending the ESA to the legislature to discuss the proposed Xxxxxxxx. The parties agree that the Union and/or DaimlerChrysler FCA Canada bargaining unit employees shall not be disadvantaged in any way by any amendments to the ESA or Regulations thereunder made by the Provincial provincial Government. It is agreed that for example, if any part of the collective agreement or past practice of the parties provides a greater right, benefit, term or condition of employment than that the amendment to a particular employment standard (such as an amendment to the 8 x X 48 hours of work rule), then the collective agreement or past practice shall prevail and apply. The parties agree that a difference between them relating to the application, alleged violation or of interpretation of the above provisions may be subject to the grievance procedure under this collective agreement.

Appears in 1 contract

Samples: Collective Agreement

Employment Standards Act. During the current negotiations the Union expressed concern about the possibility of future legislative changes negatively impacting existing employment standards as set forth in the Employment Standards Act (Ontario) June 5, 1995. During the negotiation process the parties acknowledged their reliance on this legislation as forming a basis for past practices in respect of employment standards not otherwise specifically covered by the collective agreement. As an outgrowth of these discussions, the parties came to the following agreement. (a) A. The rights, benefits, terms or conditions of employment as set out as employment standards in the Employment Standard Standards Act, and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation and/or its employees, shall be minimum requirements incorporated within this collective agreement; however, where this collective agreement provides higher remuneration in money or a greater right, benefit, term or condition of employment in favour of an employee(s) with respect to a particular standard, this collective agreement shall prevail. A violation of the rights, benefits, terms or conditions of employment as set out as employment standards in the Employee Standards Act and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation and/or its employees, may be subject to the grievance procedure of this collective agreement or may prosecuted and enforced through the procedural mechanisms offered by the Employment Standards Act and Regulations thereunder, as they exist from time to time, but not both. (b) B. During the 1996 negotiations, the Union union expressed the concern that the Provincial provincial Government has and would amend the Employment Standards Act and/or and or Regulations in a manner adverse to the interests of the Union and DaimlerChrysler Chrysler bargaining unit employees. It was agreed that the parties shall meet within thirty (30) days after the introduction of a Xxxx amending the ESA to the legislature to discuss the proposed Xxxxxxxx. The parties agree that the Union and/or DaimlerChrysler Chrysler bargaining unit employees shall not be disadvantaged in any way by any amendments to the ESA or Regulations thereunder made by the Provincial provincial Government. It is agreed that for example, if any part of the collective agreement or past practice of the parties provides a greater right, benefit, term or condition of employment than that the amendment to a particular employment standard (such as an amendment to the 8 x X 48 hours of work rule), then the collective agreement or past practice shall prevail and apply. The parties agree that a difference between them relating to the application, alleged violation or of interpretation of the above provisions may be subject to the grievance procedure under this collective agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Employment Standards Act. During the current negotiations the Union expressed concern about the possibility of future legislative changes negatively impacting existing employment standards as set forth in the Employment Standards Act (Ontario) June 5, 1995. During the negotiation process the parties acknowledged their reliance on this legislation as forming a basis for past practices in respect of employment standards not otherwise specifically covered by the collective agreement. As an outgrowth of these discussions, the parties came to the following agreement. (a) A. The rights, benefits, terms or conditions of employment as set out as employment standards in the Employment Standard Standards Act, and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employees, shall be minimum requirements incorporated within this collective agreement; however, where this collective agreement provides higher remuneration in money or a greater right, benefit, term or condition of employment in favour of an employee(s) with respect to a particular standard, this collective agreement shall prevail. A violation of the rights, benefits, terms or conditions of employment as set out as employment standards in the Employee Standards Act and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation and/or its employees, may be subject to the grievance procedure of this collective agreement or may prosecuted and enforced through the procedural mechanisms offered by the Employment Standards Act and Regulations thereunder, as they exist from time to time, but not both. (b) B. During the 1996 negotiations, the Union union expressed the concern that the Provincial provincial Government has and would amend the Employment Standards Act and/or and or Regulations in a manner adverse to the interests of the Union and DaimlerChrysler Chrysler bargaining unit employees. It was agreed that the parties shall meet within thirty (30) days after the introduction of a Xxxx amending the ESA to the legislature to discuss the proposed Xxxxxxxx. The parties agree that the Union and/or DaimlerChrysler Chrysler bargaining unit employees shall not be disadvantaged in any way by any amendments to the ESA or Regulations thereunder made by the Provincial provincial Government. It is agreed that for example, if any part of the collective agreement or past practice of the parties provides a greater right, benefit, term or condition of employment than that the amendment to a particular employment standard (such as an amendment to the 8 x X 48 hours of work rule), then the collective agreement or past practice shall prevail and apply. The parties agree that a difference between them relating to the application, alleged violation or of interpretation of the above provisions may be subject to the grievance procedure under this collective agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Employment Standards Act. During the current negotiations the Union expressed concern about the possibility of future legislative changes negatively impacting existing employment standards as set forth in the Employment Standards Act (Ontario) June 5, 1995. During the negotiation process the parties acknowledged their reliance on this legislation as forming a basis for past practices in respect of employment standards not otherwise specifically covered by the collective agreement. As an outgrowth of these discussions, the parties came to the following agreement. (a) The rights, benefits, terms or conditions of employment as set out as employment standards in the Employment Standard Act, and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employees, shall be minimum requirements incorporated within this collective agreement; however, where this collective agreement provides higher remuneration in money or greater right, benefit, term or condition of employment in favour of an employee(s) with respect to a particular standard, this collective agreement shall prevail. A violation of the rights, benefits, terms or conditions of employment as set out as employment standards in the Employee Standards Act and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employees, may be subject to the grievance procedure of this collective agreement or may prosecuted and enforced through the procedural mechanisms offered by the Employment Standards Act and Regulations thereunder, as they exist from time to time, but not both. (b) During the 1996 negotiations, the Union expressed the concern that the Provincial Government has and would amend the Employment Standards Act and/or Regulations in a manner adverse to the interests of the Union and DaimlerChrysler Chrysler Canada Inc. bargaining unit employees. It was agreed that the parties shall meet within thirty (30) days after the introduction of a Xxxx amending the ESA to the legislature to discuss the proposed Xxxx. The parties agree that the Union and/or DaimlerChrysler Chrysler Canada Inc. bargaining unit employees shall not be disadvantaged in any way by any amendments to the ESA or Regulations thereunder made by the Provincial Government. It is agreed that for example, if any part of the collective agreement or past practice of the parties provides a greater right, benefit, term or condition of employment than the amendment to a particular employment standard (such as an amendment to the 8 x 48 hours of work rule), then the collective agreement or past practice shall prevail and apply. The parties agree that a difference between them relating to the application, alleged violation or interpretation of the above provisions may be subject to the grievance procedure under this collective agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Employment Standards Act. During the current negotiations the Union expressed concern about the possibility of future legislative changes negatively impacting existing employment standards as set forth in the Employment Standards Act (Ontario) June 5, 1995. During the negotiation process the parties acknowledged their reliance on this legislation as forming a basis for past practices in respect of employment standards not otherwise specifically covered by the collective agreement. As an outgrowth of these discussions, the parties came to the following agreement. (a1) The rights, benefits, terms or conditions of employment as set out as employment standards in the Employment Standard Standards Act, and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employeesRegistered Nurses, shall be minimum requirements incorporated within this collective agreement; however, where this collective agreement provides higher remuneration in money or a greater right, benefit, term or condition of employment in favour of an employee(sa Registered Nurse(s) with respect to a particular standard, this collective agreement shall prevail. A violation of the rights, benefits, terms or conditions of employment as set out as employment standards in the Employee Employment Standards Act and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employeesRegistered Nurses, may be subject to the grievance procedure of this collective agreement or may be prosecuted and enforced through the procedural mechanisms offered by the Employment Standards Act and Regulations thereunder, as they exist from time to time, but not both. (b2) During the 1996 negotiations, the Union union expressed the concern that the Provincial provincial Government has and would amend the Employment Standards Act and/or and or Regulations in a manner adverse to the interests of the Union and DaimlerChrysler FCA Canada bargaining unit employeesRegistered Nurses. It was agreed that the parties shall meet within thirty (30) days after the introduction of a Xxxx Bill amending the ESA to the legislature to discuss the proposed Xxxxbill. The parties agree that the Union and/or DaimlerChrysler FCA Canada bargaining unit employees Registered Nurses shall not be disadvantaged in any way by any amendments to the ESA or Regulations thereunder made by the Provincial provincial Government. It is agreed that for example, if any part of the collective agreement or past practice of the parties provides a greater right, benefit, term or condition of employment than that the amendment to a particular employment standard (such as an amendment to the eight by forty- eight (8 x X 48 hours of work rule), then the collective agreement Collective Agreement or past practice shall prevail and apply. The parties agree that a difference between them relating to the application, alleged violation or of interpretation of the above provisions may be subject to the grievance procedure under this collective agreement.

Appears in 1 contract

Samples: Collective Agreement

Employment Standards Act. During the current negotiations the Union expressed concern about the possibility of future legislative changes negatively impacting existing employment standards as set forth in the Employment Standards Act (Ontario) June 5, 1995. During the negotiation process the parties acknowledged their reliance on this legislation as forming a basis for past practices in respect of employment standards not otherwise specifically covered by the collective agreement. As an outgrowth of these discussions, the parties came to the following agreement. (a) The rights, benefits, terms or conditions of employment as set out as employment standards in the Employment Standard Act, and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employees, shall be minimum requirements incorporated within this collective agreement; however, where this collective agreement provides higher remuneration in money or greater right, benefit, term or condition of employment in favour of an employee(s) with respect to a particular standard, this collective agreement shall prevail. A violation of the rights, benefits, terms or conditions of employment as set out as employment standards in the Employee Standards Act and Regulations made thereunder, as they existed on June 5, 1995, as the same relates to the Union, the Corporation Company and/or its employees, may be subject to the grievance procedure of this collective agreement or may prosecuted and enforced through the procedural mechanisms offered by the Employment Standards Act 81 and Regulations thereunder, as they exist from time to time, but not both. (b) During the 1996 negotiations, the Union expressed the concern that the Provincial Government has and would amend the Employment Standards Act and/or Regulations in a manner adverse to the interests of the Union and DaimlerChrysler Chrysler Canada Inc. bargaining unit employees. It was agreed that the parties shall meet within thirty (30) days after the introduction of a Xxxx amending the ESA to the legislature to discuss the proposed Xxxx. The parties agree that the Union and/or DaimlerChrysler Chrysler Canada Inc. bargaining unit employees shall not be disadvantaged in any way by any amendments to the ESA or Regulations thereunder made by the Provincial Government. It is agreed that for example, if any part of the collective agreement or past practice of the parties provides a greater right, benefit, term or condition of employment than the amendment to a particular employment standard (such as an amendment to the 8 x 48 hours of work rule), then the collective agreement or past practice shall prevail and apply. The parties agree that a difference between them relating to the application, alleged violation or interpretation of the above provisions may be subject to the grievance procedure under this collective agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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