Labor Relations and Employment. (a) Except as set forth on Section 3.20(a) of the Disclosure Schedule, (i) there is no labor strike, dispute, slowdown, stoppage or lockout pending, or, to the Knowledge of the Company, threatened against the Company or any of its Subsidiaries, and during the past three years there has not been any such action; (ii) to the Knowledge of the Company, no union claims to represent the employees of the Company or any of its Subsidiaries; (iii) neither the Company nor any of its Subsidiaries is a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of the Company or any of its Subsidiaries; (iv) none of the employees of the Company or any of its Subsidiaries is represented by any labor organization and the Company does not have any Knowledge of any current union organizing activities among the employees of the Company or any of its Subsidiaries, nor does any question concerning representation exist concerning such employees; (v) the Company and its Subsidiaries are, and have at all times been, in material compliance with all applicable laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and are not engaged in any unfair labor practices as defined in the National Labor Relations Act; (vi) there is no unfair labor practice charge or complaint against the Company or any of its Subsidiaries pending or, to the Knowledge of the Company, threatened before the National Labor Relations Board or any similar state or foreign agency; (vii) there is no grievance arising out of any collective bargaining agreement or other grievance procedure; (viii) no charges with respect to or relating to the Company or any of its Subsidiaries are pending before the Equal Employment Opportunity Commission or any other agency responsible for the prevention of unlawful employment practices; (ix) neither the Company nor any of its Subsidiaries has received notice of the intent of any federal, state, local or foreign agency responsible for the enforcement of labor or employment laws to conduct an investigation with respect to or relating to the Company or any of its Subsidiaries and no such investigation is in progress; and (x) there are no complaints, lawsuits or other proceedings pending or to the Knowledge of the Company threatened in any forum ...
Labor Relations and Employment. Except where failure to comply has not had and would not reasonably be expected to have a Company Material Adverse Effect, the Company and each Subsidiary of the Company is in compliance with all applicable Laws respecting employment and employment practices, terms and conditions of employment and wages and hours, including, without limitation, the Immigration Reform and Control Act, the WARN Act, any Laws respecting employment discrimination, sexual harassment, disability rights or benefits, equal opportunity, plant closure issues, affirmative action, workers’ compensation, labor relations, wage and hour standards, occupational safety and health requirements and unemployment insurance, and, to the Knowledge of the Company, is not engaged in any unfair labor practices. As of the date of this Agreement, neither the Company nor any of its Subsidiaries is a party to any collective bargaining agreement or other labor union agreement applicable to individuals employed by the Company or any of its Subsidiaries, nor are there any formal activities or proceedings of any labor union to organize any such employees. As of the date of this Agreement, there is no labor dispute, controversy, arbitration, grievance, strike, slowdown, lock out or work stoppage against the Company or any of its Subsidiaries pending, or to the Knowledge of the Company, threatened which may interfere with the business activities of the Company or any of its Subsidiaries.
Labor Relations and Employment. (a) At the present time and during the past three years, (i) no unfair labor practice complaint or charge against the Sellers, the Company or any Company Subsidiary has been brought before, or, to the Knowledge of the Sellers, threatened by, the National Labor Relations Board or any other Government Body in any jurisdiction; (ii) there has not occurred or, to the Knowledge of the Sellers, been threatened any labor strike, dispute, picketing, slowdown, stoppage, or other similar labor activity against or involving the Sellers, the Company or any Company Subsidiary; (iii) neither the Company nor any Seller nor any Company Subsidiary is or has been party to any collective bargaining agreement and there are no labor unions or other organizations representing, purporting to represent, or attempting to represent any employee; (iv) neither the Company nor any Seller nor any Company Subsidiary is or has been a party to, or affected by or threatened with, any union organizing or election activity or any dispute or controversy with a union involving its employees; and (v) neither the Company nor any Seller nor any Company Subsidiary has experienced any material labor difficulty.
(b) Neither the Company nor any Seller nor any Company Subsidiary has effectuated a “plant closing” or “mass layoff” under the Worker Adjustment Retraining Notification Act (“WARN Act”) nor in the past 90 days has the Sellers, the Company or any Company Subsidiary effectuated any plant closings or layoffs, which constitute an “employment loss” within the meaning of the WARN Act or any state or local law similar to the WARN Act.
(c) The Sellers, the Company and each Company Subsidiary are in compliance, in all material respects, with all applicable federal, state or local laws regarding employment and employment practices.
Labor Relations and Employment. (a) Except as set forth in Section 4.13(a) of the Company Disclosure Schedule, (i) there is no labor strike, dispute, slowdown, stoppage or lockout actually pending, or, to the best of the Company's knowledge, threatened against the Company or any of its Subsidiaries, and during the past three years there has not been any such action; (ii) to the best of the Company's knowledge, there are no union claims to represent the employees of the Company or any of its Subsidiaries; (iii) neither the Company nor any of its Subsidiaries is a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices
Labor Relations and Employment. Neither the Company nor its Subsidiary (i) is a party to any collective bargaining agreement, and to the Knowledge of the Company there is no union organizing activity ongoing nor has there been in the previous three years, (ii) is subject to any organized labor dispute, strike or work stoppage, nor has there been any such activity in the previous three years, (iii) has recognized any labor organization as the collective representative of any of their employees, nor has any labor organization been so certified, (iv) is a party to any unfair labor practice charge or complaint presently pending and, to the Knowledge of the Company, none is threatened, (v) is a party to any action, complaint, charge, inquiry or proceeding by or on behalf of any employee, prospective employee, former employee, labor organization or other representative of the Company's or its Subsidiary's employees is pending or, to the Knowledge of the Company, threatened which, if adversely decided, may reasonably, individually or in the aggregate, create a liability in excess of $75,000, and (vi) is not a party to, or otherwise bound by, any consent decree with, or citation by, any Governmental Authority relating to employees or employment practices. The Company and its Subsidiary is in material compliance with all applicable Laws, agreements, contracts, policies, plans, and programs relating to employment, employment practices, compensation, benefits, hours, terms and conditions of employment, and the termination of employment, including but not limited to any obligations pursuant to the Worker Adjustment and Retraining Notification Act of 1988, the proper classification of employees as exempt or non-exempt from overtime pay requirements, the provision of required meal and rest breaks, and the proper classification of individuals as contractors or employees.
Labor Relations and Employment. Except to the extent set forth in Schedule 3.16, (i) there is no labor strike, dispute, slowdown, stoppage or lockout actual or pending, or to the knowledge of the Seller, threatened against or affecting the Business and during the past three years there has not been any such action; (ii) to knowledge of the Seller, no union or bargaining agent claims to represent the employees of the Seller or any Business Sub; and (iii) neither the Seller nor any Business Sub has applied to be certified as the bargaining agent of the Seller's or the Business Sub's employees or is a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of the Seller or any Business Sub.
Labor Relations and Employment. (a) There is no labor strike, picketing of any nature, material labor dispute, slowdown or any other concerted interference with normal operations, stoppage or lockout pending or to the knowledge of the Company, threatened against or affecting the Company. There are no union claims or demands to represent or question concerning representation with respect to any of the employees of the Company or Contingent Workers (as defined in Section 4.19(c)), the Company has no collective bargaining obligations with respect to any of its employees or Contingent Workers, and there are no current union organizing activities among the employees of the Company or Contingent Workers. The Company is not a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association, applicable to employees of the Company.
(b) The Company employs a total of approximately 48 full-time employees and one part-time employee. The Company does not employ a total of 100 or more employees (excluding employees who work less than 20 hours per week or who have worked for the Company less than six of the last twelve months) and will not have employed 100 or more employees at any point during the 90 days prior to and including the Closing Date. The Company is in compliance in all material respects with all applicable laws and regulations respecting labor, employment, fair employment practices, work place safety and health, terms and conditions of employment, and wages and hours. The Company is not delinquent in any payments to any of its employees or Contingent Workers for any wages, salaries, commissions, bonuses, fees or other direct compensation due with respect to any services performed for it to the date hereof or amounts required to be reimbursed to such employees or Contingent Workers. Except as set forth in Section 4.19(b) of the Company Disclosure Schedule, there are no grievances, demands, complaints or charges with respect to employment or labor matters (including, without limitation, charges of employment discrimination, retaliation or unfair labor practices) pending or to the knowledge of the Company threatened in any judicial, regulatory or administrative forum, or under any dispute resolution procedure (including, but not limited to, any proceedings under any dispute resolution procedure under any collective bargaining agreement). None of the Company's employment pol...
Labor Relations and Employment. (i) Except as set forth in Section 5.1(m) of the Company Disclosure Letter or as would not have a Company Material Adverse Effect, (a) to the best of the Company's knowledge, the Company or its Subsidiaries are in compliance with all applicable laws respecting employment and employment practices, terms and conditions of employment and wages and hours; (b) the Company or its Subsidiaries have not received written notice of any investigation, charge or complaint against the Company or its Subsidiaries pending before the Equal Employment Opportunity Commission, the National Labor Relations Board, or any other governmental agency or court or other tribunal regarding an unlawful employment practice; (c) there are no complaints, lawsuits or other proceedings pending, or to the best of the Company's knowledge, threatened by or on behalf of any present or former employee of the Company, or any of its Subsidiaries alleging breach of any express or implied contract of employment; (d) the Company or its Subsidiaries have not received notice that any representation petition respecting the employees of the Company or its Subsidiaries has been filed with the National Labor Relations Board; (e) the Company or its Subsidiaries are and have been in substantial compliance with all notice and other requirements under the Worker Adjustment and Retaining Notification Act or similar state statute. The Company or its Subsidiaries are not party to any collective bargaining agreement and there is no labor strike, slowdown or stoppage actually pending or threatened against or affecting the Company and its Subsidiaries.
(ii) The Company is not aware that any officer or key employee, or that any group of key employees, intends to terminate their employment with the Company or any of its Subsidiaries, nor does the Company have a present intention to terminate the employment of any of the foregoing.
Labor Relations and Employment. Except as would not, individually or in the aggregate, constitute a Company Material Adverse Effect, (i) since the Applicable Date, there has been no material labor strike, dispute, slowdown, work stoppage, concerted refusal to work overtime, lockout or other material labor dispute pending, or to the Knowledge of the Company, threatened against the Company or any of its Subsidiaries and (ii) the Company and each of its Subsidiaries are in compliance with all applicable Laws respecting labor, employment, fair employment practices, terms and conditions of employment, workers’ compensation, occupational safety and health requirements, plant closings, wages and hours, employee classification, withholding of taxes, employment discrimination, disability rights or benefits, equal opportunity, labor relations, employee leave issues and unemployment insurance and related matters. Neither the Company nor any of its Subsidiaries is a party to or bound by any collective bargaining or similar agreement with any labor organization, except as may be required by foreign Law with respect to the Excluded Subsidiaries.
Labor Relations and Employment. Except to the extent set forth in Schedule 3.21 hereto, (i) to the knowledge of the Seller Key People, there is no labor strike, dispute, slowdown, stoppage or lockout pending or, to the knowledge of the Seller Key People, threatened against or affecting Seller or CLIC in connection with the Business, and, since January 1, 1992, there has not been any such action; (ii) to the knowledge of the Seller Key People, there are no union claims to represent the employees of Seller or CLIC and there are no current union organizing activities among such employees; (iii) neither Seller nor CLIC is a party to or bound by any collective bargaining or similar agreement with any labor organization applicable to Seller's or CLIC's employees in connection with the Business; and (iv) there are no material written personnel policies, rules or procedures applicable to Seller's employees in connection with the Business, other than those set forth in Schedule 3.21, true and correct copies of which have heretofore been delivered to Purchaser.
