Labor Relationships Sample Clauses
Labor Relationships. (a) No Group Company is party to any labor or collective bargaining agreements and none of the Group Companies’ employees are represented by a labor organization or group that was either voluntarily recognized or certified by any labor relations board (including the NLRB) or by any other Governmental Entity.
(b) To the Knowledge of the Company, none of the Group Companies’ employees are a signatory to a collective bargaining agreement with any trade union, labor organization or group.
(c) No union, labor organization or group of employees of any of the Group Companies has made a pending demand for recognition, and there are no representation proceedings or petitions seeking a representation proceeding presently pending or, to the Knowledge of the Company, threatened to be brought or filed, with the NLRB or other labor relations tribunal. There is no organizing activity involving the Company or any of its Subsidiaries pending or, to the Knowledge of the Company, threatened by any union, labor organization or group of employees of the Group Companies.
(d) No labor dispute, walk out, strike, hand billing, picketing, or work stoppage involving the employees of any of the Group Companies has occurred, is in progress or, to the Knowledge of the Company, has been threatened in the two (2) years prior to the date hereof.
(e) No judgment, consent decree, or arbitration award imposes continuing remedial obligations or otherwise limits or affects any of the Group Companies’ ability to manage its employees, service providers, or job applicants.
(f) Each of the Group Companies is, and has been, in material compliance with all Laws relating to the employment of labor, including all such Laws relating to wages (including minimum wage and overtime), hours of work, child labor, discrimination, civil rights, withholdings and deductions, classification and payment of employees, independent contractors, and consultants, equal employment opportunity, WARN and any similar state or local “mass layoff” or “plant closing” Law, collective bargaining, occupational health and safety, workers’ compensation, and immigration. There has been no “mass layoff” or “plant closing” (as defined by WARN) with respect to any of the Group Companies within the six months prior to Closing.
(g) None of the Group Companies has incurred, and no circumstances exist under which any of the Group Companies would reasonably be expected to incur, any Liability arising from (i) the failure to pay wages (incl...
Labor Relationships. All the Local Interconnection Services mutually provided by the parties through individuals, shall be performed by personnel contracted and paid by the party providing the service, which, as the business company and employer of the personnel used for the Local Interconnection Services subject matter of this Agreement, shall be the sole responsible for the obligations derived from legal provisions and any other ordinance associated to labor and social security matters for such personnel, and no contract labor or of any other nature relationship shall exist between the party providing the service subject matter of this Agreement and the party to which the service is provided. To that extent, the parties agree to answer all the claims filed by its employees against the other party, regarding the Local Interconnection Services provided through individuals; and for such purpose, each party binds itself to hold the other party harmless from and against any claim made by the personnel of the party providing the service, and if applicable, to indemnify and reimburse the party to which the service is provided, any amount paid by the party to which the service is provided, resulting from any claim made by the personnel of the party providing the service. In the event that any of the parties, in a strike procedure, receives a work suspension notice under the terms of Part III, Article 920 of the Federal Labor Law, such party shall notify such circumstance to the other party the day following the date when such notice is received, i.e. nine days in advance to the date stated for suspending the work. In such case, Telmex and Axtel shall agree the measures that may allow the party receiving a suspension notice to properly continue providing the Local Interconnection Services, if possible. In the case of service suspension due to strike, neither party shall have the right to file a claim against the other party, as a consequence of such suspension.
Labor Relationships. Except as otherwise disclosed on Schedule 3.18:
(a) To the Knowledge of the Company, none of the Group Companies’ employees are represented by a union, works council, labor organization or other employee representative body, nor are any of the Group Companies party to or bound by any collective bargaining agreement, works council agreement or other labor-related Contract or bargaining relationship with any union, works council, labor organization, or other employee representative body. To the Knowledge of the Company, there are no union organizing or decertification activities relating to employees of any of the Group Companies.
(b) None of the Group Companies’ employees are a signatory to a collective bargaining agreement with any trade union, or, to the Knowledge of the Company, any labor organization or group, in each case with respect to their employment with any of the Group Companies.
(c) No labor dispute, walk out, strike, hand billing, picketing, or work stoppage involving the employees of the Group Companies have occurred, is in progress or, to the Knowledge of the Company, has been threatened in the last three (3) years.
(d) None of the Group Companies has any material liability with respect to any unpaid wages, salaries, wage premiums, commissions, bonuses, fees, or other compensation which has or have come due and payable to their current or former employees or independent contractors under applicable Law, Contract or policy, or with respect to the misclassification or treatment of any service providers to any of the Group Companies as an independent contractor, leased employee, or other non-employee.
(e) To Knowledge of the Company, no Person is in any respect in violation of any term of any employment agreement, nondisclosure agreement, common Law nondisclosure obligation, fiduciary duty, noncompetition agreement, restrictive covenant or other obligation: (i) to the Group Companies or (ii) with respect to any Person who is a current employee or independent contractor of the Group Companies, to any third party with respect to such Person’s right to be employed or engaged by the Group Companies or to the knowledge or use of trade secrets or proprietary information.
Labor Relationships. Except as otherwise disclosed on Schedule 3.18.
(a) none of the Group Companies is or, since January 1, 2016, has been party to or subject to, or is currently negotiating in connection with entering into, and none of the employees of any Group Company are represented by, a labor organization or group that was either voluntarily recognized or certified by any labor relations board (including the United States National Labor Relations Board (the “NLRB”)) or by any other Governmental Entity with respect to their employment with any of the Group Companies;
(b) no Group Company employees are covered by a Collective Bargaining Agreement with any works council, trade union, or any labor organization or group, in each case with respect to their employment with any of the Group Companies, and there has not been any organizational campaign, petition or other unionization activity seeking recognition of a collective bargaining unit relating to any Service Provider since January 1, 2016;
(c) no material labor dispute (including any dispute with any works council), walk out, strike, slowdown, hand billing, picketing, work stoppage, interruption of work or lockout involving the employees of the Group Companies has occurred, is in progress or, to the Knowledge of the Company, has been threatened since January 1, 2016;
(d) there are no material unfair labor practice complaints pending or, to the Knowledge of the Company, threatened against or affecting any Group Company before the NLRB or any other Governmental Entity or any current union representation questions involving Group Company employees;
(e) as of the Closing Date, each Group Company is, and has been since January 1, 2016, in material compliance with WARN and has no liabilities or obligations thereunder, and none of the Group Companies has taken any action that would reasonably be expected to cause Buyer or any of its Affiliates to have any material liability or other obligation following the Closing Date under WARN;
(f) the Group Companies are, and have been since January 1, 2016, in material compliance with all applicable Laws with respect to labor relations, employment and employment practices, including those relating to labor management relations, wages, hours, overtime, employee classification, discrimination, sexual harassment, civil rights, affirmative action, work authorization, immigration, safety and health, information privacy and security, workers compensation, continuation coverage under group hea...
Labor Relationships. 15.1 In no case shall LAGARTOS be considered as a mandatary or agent of CASCABEL with respect to the personnel hired by CASCABEL. Likewise, in no case shall CASCABEL be considered as a mandatary or agent of LAGARTOS with respect to the personnel hired by LAGARTOS.
15.2 Each of the parties shall be responsible for the payments of salaries, quotes, indemnification, professional risks or any other obligation or benefit derived from the Federal Labor Law, the Social Security Law, the National Fund Housing Institute for Workers (INFONAVIT) and the Saving System for the Retirement (SAR), or any other applicable law, regarding the workers or employees hired by either of them to carry out the works in the MINING LOTS, without considering LAGARTOS or CASCABEL, as the case may be, as direct or substitute employers. Likewise, both parties agree that this Agreement does not constitute any kind of association or labor relationship between LAGARTOS and CASCABEL.
15.3 Both parties agree to indemnify and hold free and harmless the other party from any claim derived from their corresponding employer-worker obligations, in which they could have been involved, including the contractors or consultants hired by each one of the parties.
Labor Relationships. (a) None of the Group Companies’ employees are represented by a union, works council, or other labor organization or employee representative body, nor are any of the Group Companies party to or bound by any collective bargaining agreement, works council agreement or other Contract or bargaining relationship with any union, works council, or other labor organization or employee representative body. To the Knowledge of the Companies, there are no, and since the Look-Back Date have been no, pending or threatened union organizing or decertification activities relating to employees of any of the Group Companies.
(b) There are no, and since the Look-Back Date, there have not been any pending, or to the Knowledge of the Companies, threatened, walk outs, strikes, handbilling, picketing, lockouts, work stoppages, unfair labor practice charges, material grievances, labor arbitrations, or other material labor disputes against or affecting any Group Company.
(c) Each Group Company is, and since the Look-Back Date has been, in compliance in all material respects with all applicable Laws related to labor, employment, and employment practices including those related to terms and conditions of employment, wages, hours, worker classification (including the classification of independent contractors and exempt and non-exempt employees), health and safety, immigration (including the completion of Forms I-9 for all employees and the proper confirmation of employee visas), employment harassment, discrimination or retaliation, whistleblowing, disability rights or benefits, equal opportunity, plant closures and layoffs (including the WARN Act), employee trainings and notices, workers’ compensation, labor relations, employee leave issues, COVID-19, affirmative action, unemployment insurance, and collective bargaining.
(d) Except as would not result in material liability for the Group Companies, since the Look-Back Date (i) the Group Companies have paid all wages, salaries, wage premiums, commissions, bonuses, fees or other compensation which has or have come due and payable to its current and former employees and independent contractors under applicable Law, Contract or policy, and (ii) each individual who has provided services to the Group Companies since the Look-Back Date and who is or was classified and treated as an independent contractor is and has been properly classified and treated as such for all applicable purposes.
(e) To the Knowledge of the Companies, no Person is in...
Labor Relationships. (a) None of the Company’s or the Company Subsidiaries’ employees are represented by a labor organization or group that was either voluntarily recognized or certified by any labor relations board (including the NLRB) or by any other Governmental Entity.
(b) None of the Company’s or the Company Subsidiaries’ employees are a signatory to a collective bargaining agreement with any trade union, labor organization or group.
(c) No labor dispute, walk out, strike, hand billing, picketing, or work stoppage involving the employees of the Company or any Company Subsidiary has occurred, is in progress or, to the Knowledge of the Company, has been threatened in the last two (2) years.
Labor Relationships. (a) Seller has made available to Buyer a true and complete list of all employees and independent contractors engaged by each Company Group Member. Except as set forth on Schedule 3.18(a): (i) none of the employees of any Company Group Member are represented by a labor organization or group that was either voluntarily recognized or certified by any labor relations board or agency (including the NLRB) or any works council; (ii) no Company Group Member is a signatory to or bound by a collective bargaining Contract with any trade union, works council, labor organization or group, and no such Contract is in the process of being negotiated; and
(iii) no walk out, strike, hand billing, picketing, work stoppage, grievance or other labor dispute or disruption involving the employees, leased employees or independent contractors of the Company Group has occurred, is in progress or, to the Knowledge of Seller, has been threatened in the last two years.
(b) No Company Group Member has: (i) during the prior three years, engaged in or effectuated any “plant closing” or employee “mass layoff” (in each case, as defined in the Worker Adjustment and Retraining Notification Act of 1988, as amended, or any similar state or local Law (“WARN Act”)) or other employment action affecting any single site of employment or one or more facilities or operating units within any single site of employment or facility or Leased Real Property of any Company Group Member that implicated the WARN Act; or (ii) in the prior six months, carried out any “employment losses” (as such term is defined in the WARN Act), temporary layoff, or hours or pay reduction that could, if continued in the aggregate, implicate the WARN Act.
Labor Relationships. Except as would not, individually or in the aggregate, have a Material Adverse Effect:
(a) None of the Company’s or its Subsidiaries’ employees are represented by a labor organization or group that was either voluntarily recognized or certified by any labor relations board (including the NLRB) or by any other Governmental Entity;
(b) No Acquired Company is a signatory to a collective bargaining agreement with any trade union, labor organization or group; and
(c) No labor dispute, walk out, strike, hand billing, picketing, or work stoppage involving the employees of any Acquired Company has occurred, is in progress or, to the Knowledge of Seller, has been threatened in the last two years.
Labor Relationships. (a) None of the Group Companies’ employees are, or have been at any time during the five years preceding the Closing Date, represented by a trade union, labor organization or group that was either voluntarily recognized or certified by any labor relations board (including the United States National Labor Relations Board) or by any other Governmental Authority. None of the Group Companies are, or have been at any time during the five years preceding the Closing Date, a signatory to a collective bargaining or similar agreement with any trade union, labor organization or other group, and none of the Group Companies’ employees are a signatory to a collective bargaining or similar agreement with any trade union, labor organization or other group, in each case with respect to their employment with any of the Group Companies. There is not, and since January 1, 2013, there has not been any labor dispute, walk out, strike, hand billing, picketing, work stoppage, lockout, union organizing or collective bargaining or similar activity, involving any employee or group of employees of the Group Companies, and, to the Knowledge of the Company, none of this activity has been threatened.
(b) The Group Companies are, and for the last five years have been, in compliance in all material respects with all applicable Laws respecting employment and employment practices, including those relating to wage and hour (including the classification of employees as exempt and non-exempt, payment of compensation for minimum wage, hours worked, meal and rest periods, overtime, payment of any other wages owed, payment of any commissions, bonuses and severance amounts owed, and wage notice and statement requirements), Tax withholding, classification of service providers as independent contractors or employees, terms and conditions of employment, collective bargaining, equal employment, fair employment practices, prohibited discrimination, harassment, retaliation, civil rights, child labor, equal employment opportunity, immigration, pay equity, safety and health, workers’ compensation, the Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et seq., and any similar state or local law (collectively, the “WARN Act”).
(c) Except as set forth in Section 5.17(c) of the Disclosure Letter, no material Proceeding has been filed, is pending or, to the Knowledge of the Company, has been threatened, or is reasonably anticipated with respect to any of the Group Companies or any of the Gr...