GENERAL AND MISCELLANEOUS (a) Reasonable refreshments, during hours of duty, will be permitted in designated areas, which may be inside or outside the facility, provided an employee shall not leave the job to indulge in such refreshments without permission. Smoking will not be permitted within an Aer Lingus facility. New laws and/or local regulations governing smoking shall prevail for all locations outside the facility.
(b) The Company agrees that there shall be no established maximum age limit for the hiring of employees.
(c) Service records shall be maintained for all employees by the Company, and upon resignation or discharge from the service the employee, upon request, will be furnished with a letter of same. In discharge cases the employee and his District Representative will have access to the service records applicable to the case prior to the holding of any investigation. In cases where it is necessary that an employee should be warned due to the caliber of his work and/or the general performance of his duties, such warning will be made to the employee in writing with a copy to the District #142 General Chairman, and the employee will be given a reasonable length of time to correct the matter. Service and/or personnel records will be made available for examination during non-working hours upon request by an employee covered by this Agreement or from a General Chairman of the District. Disciplinary letters will be removed from an employee’s personnel file after one (1) year two (2) years provided that the employee has had a clean record in the one (1) two (2) year period.
(d) Employees who fail to wear proper uniforms and/or equipment pursuant to Paragraph (d) will not be permitted to work and will not be paid for the time lost for the first and second warning. In the event of a third or subsequent warning, the employee will be subject to discipline up to and including discharge.
(e) Supervisory Personnel, including Team Leaders, shall not perform work under the contract except in the case of emergency.
(f) A place shall be provided inside of all Company work areas marked “International Association of Machinists” where Union notices of interest employees may be posted; however, no political circulars, propaganda or advertisements will be placed on these bulletin boards.
(g) The Company shall provide each employee covered by this Agreement with a copy of the Agreement.
(h) All orders or assignments of work issues to personnel shall be relayed through the respective Supervisor or Senior Agent, to eliminate misunderstanding or disorder.
(i) Nothing in this Agreement shall prevent the Company from paying to an individual employee hereunder, a higher rate of compensation than the rate established in this Agreement.
(j) It is understood and agreed that the Company will not lock out any employee covered hereby, and the Union will not authorize or take part in any strike or picketing of the Company premises during the life of this Agreement, until the procedures for settling disputes as provided herein and as provided by the Railway Labor Act, as amended, have been exhausted.
(k) It is forbidden for any employee to engage in drinking alcoholic beverages while in uniform or when on duty, or to come to work under the influence of alcohol, or use of illegal drugs.
(l) The Company should make available to all employees hereunder an up-to-date Personnel Manual.
(m) In the event of inclement weather employees hereunder shall not be treated in a discriminatory manner as compared to the general policy implemented for non-Union staff.
(n) During the life of this Agreement, travel privileges will not be discontinued while they generally remain available to other employees of the Company.
(o) It shall not be considered a violation of the Agreement for the Company to sell its products on-line.
(p) Staff will be required to pay fines imposed by the Port Authority/Federal Agency for unauthorized access to restricted areas, improper use of identification Cards and similar types of conduct. Fines for lost ID’s will be paid by the Company on the first occasion; any fines for subsequent loss will be paid by the employee. In accordance with past practice, the Company will assist its employees in dealing with the agencies involved regarding such fines. The Company will provide necessary information to its employees regarding restrictions on ID use.
(q) Effective January 1, 2019, and for the term of this Agreement, the Company will start a program that provides paid vision insurance for all employees under this agreement with an implementation date yet to be determined. For all new-hire employees hired after the date of signing of this Agreement, there shall be a twelve (12) month waiting period to enroll. All plan guidelines are covered by, and contained in, the plan document controlled by the Company. Additional tiered coverage shall also be made available to family members of the employee at a cost that will be paid by the employee. Any annual cost increases to the vision coverage for additional family members, shall be controlled by the plan document and communicated concurrently during the annual enrollment.
(r) Aer Lingus will guarantee for the life of the contract any employee covered by this contract who is currently working at the Jericho facility a job in a brick and mortar location if they choose. This may not necessarily be at the current location but within a 50-mile radius. The IAM agrees the minimum staffing levels in employees covered by this agreement can reduce by attrition. The Company will no longer be required to back fill to maintain 15 full-time positions in the brick and mortar call center. The brick and mortar call center staffing level can drop below 5 full time employees under the Reservations Agent Agreement (Senior Reservations Agents, Reservations Agents, Ticketing Agent, and Senior Cargo Reservation Agent) provided that any of those 5 employees have requested to work from home. Before the brick and mortar call center staffing level can drop below 5 full-time employees under the Reservations Agent Agreement (Senior Reservations Agent, Reservations Agent, Ticketing Agent, Senior Cargo Reservations Agent, and Cargo Reservations Agent) the Company will be required to agree and discuss with the union a new full-time staff minimum. If there is no agreement, then it will be resolved through the grievance process. The Company will have the right to operate a single shift operation Monday – Friday at the brick and mortar call center and operate the call center remotely on Saturdays, Sundays, holidays and evenings after 6:00 p.m. The closing shift Senior Agent and weekend Senior Agent will work remotely. When Senior Agents who are working remotely are at lunch or experiencing any technical malfunctions and there is a requirement for an upgrade and there is no available qualified staff member in the brick and mortar call center, the most senior staff member covered by this Agreement who is working remotely will be upgraded. If there is no available staff member covered by this Agreement, the most senior staff member covered by the Reservations Associates Agreement may be upgraded.
General Allegations The Settling Entity enters into this Settlement Agreement on behalf of the noticed violator described in subsection 1.4 below, with whom such Settling Entity has a contract for one or more of the products at issue which contains indemnity and defense clauses. The Settling Entity has accepted a tender from the noticed violator and approached Xxxxxxx to resolve such violator’s alleged liability. Additionally, the Settling Entity is making commitments in furtherance of the public interest as set forth below. Xxxxxxx alleges that the Settling Entity manufactures, imports, distributes, sells and/or otherwise facilitates for sale in California the lead products defined below, and that it does so without providing the health hazard warning required by Proposition 65 for consumer exposures to lead. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer, and birth defects or other reproductive harm.
Social and Environmental Responsibility Supplier warrants that in all countries in which Supplier and, to Supplier’s information and belief, Supplier’s authorized subcontractors do business, its and their operations comply with all applicable laws and regulations governing labor and employment, employee health and safety, protection of the environment, and ethical practices. Supplier will comply with DXC Supplier Code of Conduct (xxxxx://xxx.xxx.xxxxxxxxxx/cr/ds/118945- csc_responsible_supply_chain_program), including establishment of management systems as described therein.
Malicious Use of Orphan Glue Records Registry Operator shall take action to remove orphan glue records (as defined at xxxx://xxx.xxxxx.xxx/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.
Environmental and Social Safeguards (a) The Borrower, through PMD, shall ensure that each Sub-Project is prepared, implemented and monitored in accordance with the Implementation Guidelines for Social and Environmental Safeguards, which form a supplement to the Operations Manual, and all guidelines and checklists set out therein, including those specifically provided for Indigenous Peoples and land donation, and the Negative List.
(b) In the event of any conflict between the provisions of the Implementation Guidelines for Social and Environmental Safeguards and those of this Agreement, the latter shall prevail.
2. The Borrower, through PMD, shall apply the section of the Implementation Guidelines for Social and Environmental Safeguards in each Sub-Project that may affect Indigenous Peoples, in a manner to ensure that the Sub-Project shall:
(a) avoid, and, if not possible, minimize cultural, social and economic adverse effects on Indigenous Peoples, caused or likely to be caused by the Project, by taking appropriate mitigating measures; and
(b) through a process of free, prior and informed participation, involve concerned Indigenous Peoples in the design and implementation of Sub- projects in which such people reside or make their living and design and implement measures so as to ensure that the benefits received by the Indigenous Peoples under the Project are in harmony with their economic, social and cultural preferences, and likely to protect their customary user rights and reduce, mitigate and offset any adverse impacts of Sub-projects.
3. The Borrower, through PMD, shall ensure that the proceeds of Kecamatan Grants shall not be used to finance the acquisition of land or compensation for involuntary resettlement and that no Sub-Project shall require or permit the involuntary acquisition of land or involuntary resettlement. The Borrower, through PMD, shall ensure that in any Sub-Project involving land donation, the planning and verification procedures for land donation (voluntary donation and donation with compensation) set out in the Implementation Guidelines for Social and Environmental Safeguards shall have been followed and documented in a manner satisfactory to the Bank and PMD prior to the commencement of the Sub-Project.
4. The Borrower shall ensure that the proceeds of the Loan are not used to finance any activities or materials on the Negative List as set out in Section A.2 of Annex 1 to this Schedule 2.
5. Without limiting the obligations under Section II.A of this Schedule 2, the Borrower shall include in each Project Report: (a) information on the status of compliance with the Implementation Guidelines for Social and Environmental Safeguards; (b) details of measures taken for each Sub-Project in the implementation of such guidelines; (c) conditions, if any, in any Sub-Project which interfere or threaten to interfere with the implementation of such guidelines; and (d) remedial measures taken or required to be taken to address such conditions.
SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his / her best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. All aspects of the Project shall be subject to the inspection and approval of the State. Contractor guarantees to repair, replace, re-execute or otherwise correct any defect in workmanship, materials, or the like that fails to conform to the requirements of this Contract or that appears during the progress of the Work or within one year of final acceptance by the State.
4.3.2 The Contractor shall be responsible to the State for the acts and omissions of his / her employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor.
4.3.3 The Contractor shall not be relieved from his / her obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect in his / her administration of the Contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor.
4.3.4 The Contractor shall acquaint himself (herself / itself) with the limits of the property or right- of-way of the State and shall not trespass on other property. The Contractor shall adequately protect the project, adjacent property and the public, and shall be responsible for any damage or injury due to the Contractor’s act or neglect, and shall save the State harmless in respect thereto.
4.3.5 All work shall be done in such a manner as not to interfere with the State’s operating functions. Contractor and his employees shall familiarize themselves and comply with all rules and regulations applicable to the project.
4.3.6 The Contractor shall keep the premises free from liens arising out of or from the Project. Contractor shall obtain and submit waivers of liens with a request for a progress or final payment.
Preservation, Maintenance, and Protection of the Property Inspections. Borrower will not destroy, damage, or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower must maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless Lender determines pursuant to Section 5 that repair or restoration is not economically feasible, Borrower will promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid to Lender in connection with damage to, or the taking of, the Property, Borrower will be responsible for repairing or restoring the Property only if Xxxxxx has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, depending on the size of the repair or restoration, the terms of the repair agreement, and whether Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower remains obligated to complete such repair or restoration. Lender may make reasonable entries upon and inspections of the Property. If Lender has reasonable cause, Xxxxxx may inspect the interior of the improvements on the Property. Lender will give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
General Application The rules set forth below in this Article VI shall apply for the purposes of determining each Member’s allocable share of the items of income, gain, loss and expense of the Company comprising Net Income or Net Loss for each Fiscal Year, determining special allocations of other items of income, gain, loss and expense, and adjusting the balance of each Member’s Capital Account to reflect the aforementioned general and special allocations. For each Fiscal Year, the special allocations in Section 6.03 hereof shall be made immediately prior to the general allocations of Section 6.02 hereof.
Management of Special and Technical Environment Each certificated support person demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the specialized programs.
Performance of Services in Accordance with Regulatory Requirements; Furnishing of Books and Records In performing the services set forth in this Agreement, the Manager:
A. shall conform with the 1940 Act and all rules and regulations thereunder, with all other applicable federal, state and foreign laws and regulations, with any applicable procedures adopted by the Trust’s Board of Trustees, and with the provisions of the Trust’s Registration Statement filed on Form N-1A as supplemented or amended from time to time;
B. will make available to the Trust, promptly upon request, any of the Fund’s books and records as are maintained under this Agreement, and will furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the Manager’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations.
