ENVIRONMENTAL DIFFERENTIAL PAY Sample Clauses

ENVIRONMENTAL DIFFERENTIAL PAY. When the Employer or the Union determines that there is a need to establish additional percentages or categories of environmental differential pay beyond those established in 5 CFR 532 Subpart E Appendix A and 5 CFR 532.511, the initiating party will notify the other of such proposed changes. Within 30 calendar days of receipt of the proposal, the parties will meet for the purpose of discussing the proposal. The Employer agrees to include the Union comments regarding the justification with the submission of a proposal for approval.
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ENVIRONMENTAL DIFFERENTIAL PAY. HAZARD DUTY PAY ENERGY CONSERVATION
ENVIRONMENTAL DIFFERENTIAL PAY. Section 1. The Employer and the Union will have as their objective the elimination or reduction to the lowest possible level of all hazards, physical hardships, and working conditions of an unusual nature. When such action does not eliminate or reduce the unusual nature of the situation, an environmental differential will be paid, if it meets the criteria in existing regulations. Section 2. When the Union determines a local work situation not previously covered warrants coverage, it will notify the Directorate of Personnel of the title, location of the position(s), and the nature of the exposure. The Employer will issue a written decision on the matter within eight (8) workdays of the receipt of the Union's position. Within twelve (12) workdays of the Employer's position, the Union may request to negotiate. Section 3. When the Employer determines that a local work situation that is presently receiving the differential, is such that it should be excluded from coverage, the Employer will notify the Union of the title and location of the position(s) and the justification for exclusion from coverage. At the request of the Union, the parties will meet for the purpose of negotiating on the issue. The Union’s request for a meeting will be submitted to the Directorate of Personnel within twelve (12) workdays of receipt of the Employer’s notification. The Directorate of Personnel will issue a written decision on the matter within eight (8) workdays of the meeting. If this decision is not acceptable to the Union, the matter becomes grievable. Section 4. When the Union or Employer considers that there is a need to establish additional categories to 5 CFR Part 532, Subpart E, Section 511, they will discuss the proposal for the purpose of jointly preparing a request to establish the new category. If the parties cannot agree upon a joint request, either or both may prepare individual replies for transmittal by the Employer through Department of Army channels to the Office of Personnel Management for approval/disapproval. The Union will be provided a complete copy of the transmittal. Section 5. Assignments to perform hazardous duty will be equitably distributed within the organizational unit where hazardous work is being performed. Environmental (hazard) pay rosters will be maintained by the supervisor and made available to an Employee or xxxxxxx. Section 6. GS/WG Employees will receive hazardous duty pay for irregular or intermittent hazardous duty pursuant to applicabl...
ENVIRONMENTAL DIFFERENTIAL PAY. SECTION 1. The Employer and the Union will have as their objective the elimination or reduction to the lowest possible level of all hazards, physical hardships, and working conditions of an unusual nature. When such action does not eliminate or reduce the unusual nature of the situation, an environmental differential will be paid, if it meets the criteria in existing regulations. SECTION 2. Environmental Differential Pay (EDP) will be paid in accordance with applicable laws, rules, and regulations. Employees will be paid Hazardous Duty Pay (HDP) in accordance with applicable laws, rules, and regulations. Assignments to perform hazardous duty will be equitably distributed amongst qualified employees, when possible. First consideration will be given to employees within the organizational element where hazardous work is normally performed. Employees who are exposed to chemical or toxic hazards shall be paid EDP or HDP, if exposed to the hazard in excess of the permissible exposure limits set by OSHA. SECTION 3. When the Union determines a local environmental or hazardous work situation not previously covered warrants a differential pay, it will notify the CPO of the title, location of the position(s), and the nature of the exposure. The Employer will notify the union when the position in question has been submitted for initial review and will provide updates as requested by the union. Back Pay shall be paid in accordance with the current laws and regulations. SECTION 4. The Union and the Employer agree that it is the responsibility of all personnel to report any hazards to appropriate authority (e.g., the line of supervision, Unit Safety Manager, or Safety Officer). When hazardous conditions (e.g., exposure to asbestos) are detected, management shall immediately take necessary action (e.g., eliminate, reduce, cease operations, and/or withdraw personnel). Notice of the hazard shall be posted in accordance with applicable laws and regulations.
ENVIRONMENTAL DIFFERENTIAL PAY. The employer will make additional payments to employees engaged in hazardous work or under special environmental conditions as prescribed in law. In the event the parties agree there are no comparable guides for a particular task, action will be initiated to establish an additional category to the applicable directives covering Environmental Differential Pay.
ENVIRONMENTAL DIFFERENTIAL PAY. Section 1: Environmental Differential Pay (EDP) will be paid in accordance with appropriate regulations. Each case involving EDP will be investigated by the Employer’s Safety Representative to determine the extent of the hazard and if the situation may be abated. When the Employer’s action cannot overcome the nature of the hazard, physical hardship or working conditions, an environmental or hazardous differential may be warranted. Section 2: The Employer will be responsible for seeking information and clarification on proposed additions and/or changes to environmental differential coverage not clearly resolved by reference to appropriate regulations. In those cases where corrective action does not practically eliminate the unusual severity of the hazards, physical hardships, and working conditions, the Employer will assure that employees exposed to these conditions are properly compensated in keeping with government-wide regulations, as permitted by 5 CFR 532.511. Section 3: The Employer agrees to appoint one (1) Union representative and one (1) alternate, selected by the Union President, to the 189AW EDP Committee. This committee will meet semi- annually, or as required. Requests to disapprove or discontinue EDP will be reviewed by the EDP Committee and a recommendation forwarded to HRO for approval. The HRO is the final approval/disapproval authority for EDP.
ENVIRONMENTAL DIFFERENTIAL PAY. Section 1. The Employer shall have as its objective the elimination or reduction to the lowest level possible of all hazards, physical hardships, and working conditions of an unusually severe nature. When such action does not overcome the unusually severe nature of the hazard, physical hardship, or working condition, an environmental differential may be warranted. Even though the environmental differential is authorized, there is the responsibility to initiate continuing positive action to eliminate danger and risk which contribute to or cause the hazard, physical hardship, or working condition of unusually severe nature. The existence of environmental differentials is not intended to condone work practices which circumvent Federal safety law, rules, and regulations. Section 2. For the purpose of this Section, "environmental differential" means additional pay authorized as specified in regulations for a category of situations involving exposure to a hazard, physical hardship, or working condition of an unusually severe nature. Environmental differential pay is not authorized for hazards, physical hardships, or working conditions which are an integral or inherent part of a job, constitute the reason for the job and are taken into consideration in the job grading process. Section 3. An environmental differential will be paid to Employees in local work situations in accordance with Federal statute, Code of Federal Regulations, and rules, i.e., classification standards that have been approved by the appropriate regulatory procedures. Section 4. The Employer will notify Employees when their work assignments have been approved for payment of an environmental differential. If at any time during a job assignment an Employee feels that environmental pay may be warranted, the Employee should call the matter to the attention of the Employer who shall advise the Employee whether the specific work situation is presently approved for environmental differential pay. If the situation is not presently approved for environmental differential pay but is considered to be of an unusually severe nature, the Employer shall submit a written request for evaluation of the situation to determine if environmental differential pay is warranted. The Employee shall have the right to be represented by the shop xxxxxxx when discussing the matter of environmental differential pay in connection with the Employee’s work assignment. Section 5. When a new, unapproved job-related hazard or envi...
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ENVIRONMENTAL DIFFERENTIAL PAY. Section 1. In accordance with applicable regulations regarding hazard or Environmental differential, the Employer will compensate employees performing covered duties similar to those listed in FPM Supplement 990-2, Book 550 and FPM 532-2, Subchapter S-8 and Appendix J. Section 2. When the Union considers a local work situation to warrant coverage under payable categories of references cited in Section 1 above, it will notify the Civilian Personnel Office in writing. Such notification will include the title and location of the position and nature of the exposure so as to show clearly the situation that may warrant Environmental Differential. Section 3. When the Union considers that there is a need to establish additional categories to Appendix J of FPM Supplement 532--2, for which an Environmental Differential should be paid it will notify the Civilian Personnel Office in writing. Each request for an addition to a category in Appendix J, FPM Supplement 532-2 will include information about the hazard, physical hardship, or working condition showing: (a) the nature of the exposure so as to clearly show that the hazard, physical hardship, or working condition which results from that exposure is of an unusually severe nature; (b) the degree to which the employee is exposed to the hazard, physical hardship, or working condition of an unusually severe nature; (c) the period of time during which the exposure will continue to exist; (d) the degree to which control may be exercised over the physical hardship, hazard, or working condition of an unusually severe nature; and (e) the rate of environmental differential recommended to be established. Upon receipt and review, the action is then forwarded to the appropriate approving official.
ENVIRONMENTAL DIFFERENTIAL PAY. 13.1. When the UNION determines that a local work situation may warrant coverage under payable categories of Environmental Differential Pay, in accordance with government wide regulations applicable at the time, (currently Appendix A, 5 CFR 532, Subpart E (Wage Grade), or Appendix A, 5 CFR 550, Subpart 1) (General Schedule), it will notify the Civilian Personnel Officer of the title and location of the position(s). The notice will detail the nature of the exposure so as to show clearly that the hazard, physical hardship, or working condition which results from that exposure meets the conditions set forth in the CFR’s. Within fifteen (15) calendar days of the receipt of the UNION’s position, the parties will meet for the purpose of consulting on the issue. If the EMPLOYER’s decision on the matter is not acceptable to the UNION, the UNION may elect to file a grievance following the procedures within this agreement. 13.2. When a determination is made that a job or jobs are no longer entitled to EDP or there is a need to decrease the pay of the employees, the EMPLOYER shall notify the UNION in advance and provide the UNION the opportunity to negotiate as appropriate.

Related to ENVIRONMENTAL DIFFERENTIAL PAY

  • Environmental Liabilities No action, proceeding, revocation proceeding, amendment procedure, writ, injunction or claim is pending, or to the Company's knowledge, threatened concerning any Environmental Permit, Hazardous Material or any Hazardous Materials Activity of the Company. The Company is not aware of any fact or circumstance which could involve the Company in any environmental litigation or impose upon the Company any environmental liability.

  • Environmental Events The Borrower will, and will cause BPI to, promptly give notice in writing to the Agent (i) upon Borrower’s or BPI’s obtaining knowledge of any material violation (as determined by the Borrower or BPI in the exercise of its reasonable discretion) of any Environmental Law regarding any Real Estate Asset or Borrower’s or BPI’s operations, (ii) upon Borrower’s or BPI’s obtaining knowledge of any known Release of any Hazardous Substance at, from, or into any Real Estate Asset which it reports in writing or is reportable by it in writing to any governmental authority and which is material in amount or nature or which could materially affect the value of such Real Estate Asset, (iii) upon Borrower’s or BPI’s receipt of any notice of material violation of any Environmental Laws or of any material Release of Hazardous Substances in violation of any Environmental Laws, including a notice or claim of liability or potential responsibility from any third party (including without limitation any federal, state or local governmental officials) and including notice of any formal inquiry, proceeding, demand, investigation or other action with regard to (A) Borrower’s or BPI’s or any other Person’s operation of any Real Estate Asset, (B) contamination on, from or into any Real Estate Asset, or (C) investigation or remediation of off-site locations at which Borrower or BPI or any of its predecessors are alleged to have directly or indirectly disposed of Hazardous Substances, or (iv) upon Borrower’s or BPI’s obtaining knowledge that any expense or loss has been incurred by such governmental authority in connection with the assessment, containment, removal or remediation of any Hazardous Substances with respect to which Borrower or BPI or any Partially-Owned Real Estate Entity may be liable or for which a lien may be imposed on any Real Estate Asset; any of which events described in clauses (i) through (iv) above would have a material adverse effect on the business, assets or financial condition of the Borrower and its Subsidiaries, taken as a whole. As of the date hereof, the Borrower has notified the Agent of the matters referenced on Schedule 8.5(b), to the extent such matters are disclosed in the Form 10-K referred to therein.

  • Environmental Claims Each Obligor shall (through the Company), promptly upon becoming aware of the same, inform the Facility Agent in writing of: (a) any Environmental Claim against any member of the Group which is current, pending or threatened; and (b) any facts or circumstances which are reasonably likely to result in any Environmental Claim being commenced or threatened against any member of the Group, where the claim, if determined against that member of the Group, has or is reasonably likely to have a Material Adverse Effect.

  • Environmental Requirements C7.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental policy, which is to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

  • Environmental Claim The receipt from any Governmental Authority or other Person of any notice of violation, claim, demand, abatement, order or other order or direction (conditional or otherwise) for any damage, including personal injury (including sickness, disease or death), tangible or intangible property damage, contribution, indemnity, indirect or consequential damages, damage to the environment, pollution, contamination or other adverse effects on the environment, removal, cleanup or remedial action or for fines, penalties or restrictions, resulting from or based upon (i) the existence or occurrence, or the alleged existence or occurrence, of a Hazardous Substance Activity or (ii) the violation, or alleged violation, of any Hazardous Materials Laws in connection with any Mortgaged Property or any of the other assets of Borrower;

  • Environmental and Safety Matters (a) The Company and its Subsidiaries have at all times complied in all material respects with all applicable Environmental and Safety Requirements, which compliance has included obtaining and complying in all material respects at all times with all material permits, licenses and other authorizations required pursuant to Environmental and Safety Requirements for the occupation of their facilities and the operation of their respective businesses. (b) Except as set forth in Section 4.27(b) of the Disclosure Schedule, since February 19, 2008, neither the Company nor any of its Subsidiaries has received any notice, report, order, or directive regarding any, and is not subject to any litigation, proceedings or order regarding any, actual or alleged violation of Environmental and Safety Requirements, or any liability or potential liability arising under Environmental and Safety Requirements, in effect prior to and as of the date of the applicable Closing, relating to the business, the Owned Real Property or Leased Real Property. (c) Except as set forth in Section 4.27(c) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has treated, stored, disposed of, arranged for or permitted the disposal of, transported, handled, released, or exposed any Person to, any substance (including without limitation any hazardous substance), owned or operated any property or facility which is or has been contaminated by any substance, so as to give rise to any current or future liabilities under any Environmental and Safety Requirements in effect at the time of such treatment, storage, disposal, transportation, handling, release or exposure. (d) Except as set forth in Section 4.27(d) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has assumed, undertaken, or provided any indemnity with respect to, any liability of any other Person relating to Environmental and Safety Requirements. (e) The Company has furnished to Investor true and correct copies of all environmental audits, reports, assessments and all other documents materially bearing on environmental, health or safety liabilities relating to the past or current operations or facilities of the Company and all of its Subsidiaries, in each case which are in its possession or under its reasonable control.

  • Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.

  • Environmental and Safety Laws To its knowledge, the Company is not in violation of any applicable statute, law or regulation relating to the environment or occupational health and safety, and to its knowledge, no material expenditures are or will be required in order to comply with any such existing statute, law or regulation.

  • Environmental Disclosure Borrower will deliver to Administrative Agent and Lenders: (i) as soon as practicable following receipt thereof, copies of all written reports of environmental audits, investigations or analyses of any kind or character, whether prepared by personnel of Borrower or any of its Subsidiaries or, to the extent in Borrower’s or any of its Subsidiaries’ possession or control, by independent consultants, Governmental Authorities or any other Persons, with respect to significant environmental matters at any Facility or with respect to any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect; (ii) promptly upon the occurrence thereof, written notice describing in reasonable detail (1) any Release required to be reported to any Governmental Authority under any applicable Environmental Laws that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, (2) any response or remedial action taken by Borrower or any other Person as a result of (A) any Hazardous Materials at a Facility the existence of which could reasonably be expected to result in one or more Environmental Claims having, individually or in the aggregate, a Material Adverse Effect, or (B) any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, (3) Borrower’s discovery of any occurrences or conditions at any Facility that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, and (4) Borrower’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of any Facility that could cause such Facility or any part thereof to be subject to any material restrictions on the ownership, occupancy, transferability or use thereof under any Environmental Laws that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect; (iii) as soon as practicable following the sending or receipt thereof by Borrower or any of its Subsidiaries, a copy of any and all written communications to or from any Governmental Authority or third party claimant or their representatives with respect to any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect; (iv) prompt written notice describing in reasonable detail (1) any proposed acquisition of stock, assets, or property by Borrower or any of its Subsidiaries that could reasonably be expected to (A) expose Borrower or any of its Subsidiaries to, or result in, Environmental Claims that could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect or (B) adversely affect the ability of Borrower or any of its Subsidiaries to maintain in full force and effect Governmental Authorizations required under any Environmental Laws for their respective operations, the absence of which could reasonably be expected to result in a Material Adverse Effect and (2) any proposed action to be taken by Borrower or any of its Subsidiaries to modify current operations in a manner that could reasonably be expected to subject Borrower or any of its Subsidiaries to any additional obligations or requirements under any Environmental Laws, to the extent any such obligation or requirement could reasonably be expected to result in a Material Adverse Effect; and (v) with reasonable promptness, such other documents and information as from time to time may be reasonably requested by Administrative Agent in relation to any matters disclosed pursuant to this Section 5.9(a).

  • Environmental Liability Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect: (i) there is no legal, administrative, or other proceeding, claim or action of any nature seeking to impose, or that would reasonably be expected to result in the imposition of, on the Company or any Company Subsidiary, any liability relating to the release of hazardous substances as defined under any local, state or federal environmental statute, regulation or ordinance, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, pending or, to the Company’s knowledge, threatened against the Company or any Company Subsidiary; (ii) to the Company’s knowledge, there is no reasonable basis for any such proceeding, claim or action; and (iii) neither the Company nor any Company Subsidiary is subject to any agreement, order, judgment or decree by or with any court, Governmental Entity or third party imposing any such environmental liability.

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