Labor Practices. (a) TxDOT at all times shall comply, and require by contract that all its subcontractors and vendors performing services under this Tolling Services Agreement comply, with all applicable federal and State labor, occupational safety and health standards, rules, regulations and federal and State orders.
(b) TxDOT shall not, and shall cause any subcontractor to not, discriminate on the basis of race, color, national origin, sex, age, religion or handicap in the performance of the services under this Tolling Services Agreement. TxDOT shall carry out, and shall cause its subcontractors to carry out, applicable requirements of 49 CFR Part 26. Failure by TxDOT to carry out these requirements is a material breach of this Tolling Services Agreement, which may result in termination hereof or such other remedy permitted hereunder as Developer deems appropriate. TxDOT shall include this provision in every subcontract (including purchase orders) pertaining to the services under this Tolling Services Agreement.
(c) TxDOT confirms for itself and all subcontractors providing services under this Tolling Services Agreement that TxDOT and each such subcontractor has an equal employment opportunity policy ensuring equal employment opportunity without regard to race, color, national origin, sex, age, religion or handicap; and that TxDOT and each such subcontractor maintains no employee facilities segregated on the basis of race, color, national origin, sex, age, religion or handicap. TxDOT shall comply with all applicable Equal Employment Opportunity and nondiscrimination provisions set forth in Exhibit 8 to the Agreement, and shall require such subcontractors to comply with such provisions.
Labor Practices. No Borrower or any Subsidiary thereof is engaged in any unfair labor practices that could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against any Borrower or any Subsidiary thereof, to the knowledge of the Borrowers, threatened against a Borrower or any Subsidiary thereof, before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against a Borrower or any Subsidiary thereof or, to the knowledge of the Borrowers, threatened against a Borrower or any Subsidiary thereof, (ii) no strike, labor dispute, slowdown or stoppage pending against a Borrower or any of its Subsidiaries or, to the knowledge of the Borrowers, threatened against a Borrower or any Subsidiary thereof and (iii) no union representation question exists with respect to the employees of a Borrower or any Subsidiary thereof, except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.
Labor Practices. Neither the Credit Parties nor any of their Subsidiaries is engaged in any unfair labor practices that could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against any Credit Party or any of their Subsidiaries or, to the knowledge of the Credit Parties, threatened against the Credit Parties or any of their Subsidiaries, before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Credit Parties or any of their Subsidiaries or, to the knowledge of the Credit Parties, threatened against the Credit Parties or any of their Subsidiaries, (ii) no strike, labor dispute, slowdown or stoppage pending against the Credit Parties or any of their Subsidiaries or, to the knowledge of the Credit Parties, threatened against the Credit Parties or any of their Subsidiaries and (iii) no union representation question exists with respect to the employees of the Credit Parties or any of their Subsidiaries except (with respect to any matter specified in clause (i), (ii) or (iii) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.
Labor Practices. The Company has no collective bargaining or other labor union agreements. There is no unfair labor practice complaint against the Company pending before the National Labor Relations Board, there is no pending or, to the knowledge of the Sellers, threatened labor dispute, strike or work stoppage affecting the Company's business, nor has there been any of the same or any labor union organizing activity relating to the Company within the last three (3) years.
Labor Practices. The exclusive representative agrees, therefore, that during the term of this Agreement, neither the exclusive representative nor any individual employee shall engage in any strike or unfair labor practice.
Labor Practices. The Company is not engaged in any unfair labor practice; except for matters which would not, individually or in the aggregate, have a Material Adverse Change, (i) there is (A) no unfair labor practice complaint pending or, to the Company’s knowledge, threatened against the Company or any Subsidiary before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under collective bargaining agreements is pending or, to the Company’s knowledge, threatened, (B) no strike, labor dispute, slowdown or stoppage pending or, to the Company’s knowledge, threatened against the Company or any Subsidiary and (C) no union representation dispute currently existing concerning the employees of the Company, and (ii) to the Company’s knowledge, (A) no union organizing activities are currently taking place concerning the employees of the Company or any Subsidiary and (B) there has been no violation of any federal, state, local or foreign law relating to discrimination in the hiring, promotion or pay of employees, any applicable wage or hour laws or any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) or the rules and regulations promulgated thereunder concerning the employees of the Company or any Subsidiary.
Labor Practices. WWC is not a party to any collective bargaining Agreement, and no union or group is seeking to become the collective bargaining representative for any unit of the employees of WWC. There are no pending (i) unfair labor practice complaints against, (ii) arbitration proceedings or grievances involving, (iii) OSHA citations, wage and hour complaints or EEO charges against, (iv) NIOSH health hazard evaluation determinations against, or (v) findings of noncompliance with respect to affirmative action requirements against WWC, and there is no pending labor strike nor, to the knowledge of the Directors and officers of WWC, has any such complaint, proceeding, citation, charge, determination, finding or strike been threatened. WWC has not experienced any material strike or work stoppage during the three years prior to the date hereof. WWC is not engaged in any unfair labor practices.
Labor Practices. WorldPort is not and has not ever been a party to any collective bargaining Agreement, and no union or group is seeking to become the collective bargaining representative for any unit of the employees of WorldPort. There are no pending (i) unfair labor practice complaints against, (ii) arbitration proceedings or grievances involving, (iii) OSHA citations, wage and hour complaints or EEO charges against, (iv) NIOSH health hazard evaluation determinations against, or (v) findings of noncompliance with respect to affirmative action requirements against WorldPort, and there is no pending labor strike nor, to the knowledge of the directors and officers of WorldPort, has any such complaint, proceeding, citation, charge, determination, finding or strike been threatened. WorldPort has not experienced any material strike or work stoppage during the three years prior to the date hereof. WorldPort is not engaged in any unfair labor practices.
Labor Practices. No unfair labor practice complaints have been filed against Gainxx Xxxxxxx xx any of its Subsidiaries, and neither Gainxx Xxxxxxx xxx any of its Subsidiaries has received any notice or communication reflecting any intention or threat to make or file such a complaint. No person has made any claim, and to the knowledge of Gainxx Xxxxxxx, xxere is no basis for any claim against Gainxx Xxxxxxx xx any of its Subsidiaries arising out of any Law relating to discrimination, employment practices or employee complaints of illegal activity. Neither Gainxx Xxxxxxx xxx either of its Subsidiaries has terminated any employee nor does either have any plans to terminate any employee which could give rise to liability under the Worker Adjustment and Retraining Notification Act.
Labor Practices. No unfair labor practice complaints have been filed against Frosx Xxxxx xx FHGB, and neither Frosx Xxxxx xxx FHGB has received any notice or communication reflecting any intention to make or file such a complaint. No person has made any claim, and to the knowledge of Frosx Xxxxx xx FHGB, there is no basis for any claim against Frosx Xxxxx xx FHGB arising out of any law relating to discrimination or employment practices.
