Common use of Living Quarters Clause in Contracts

Living Quarters. Chief Engineers (and Assistant Engineers and other employees for whom it has been negotiated or who are otherwise being so provided, whether or not they are exclusive service janitors) shall be provided living quarters, rent free, with all such services as are customarily provided a tenant in the premises as part of such tenant's rent, including air conditioning. Such apartment shall be heated at the expense of the Employer and shall be decorated at least once every two (2) years at the expense of the Employer. In the event, however, that decorating services are not provided to tenants, such employees shall be provided with the necessary paint and other materials required to decorate the apartment and reasonable time off within which to perform that work. In any event, however, the apartment shall be decorated at the expense of the Employer when such employee is replaced by another such employee in the building. No Employer shall be required to furnish the employee more than one (1) apartment as living quarters but such apartment shall include one (1) bedroom if there is such an apartment in the building and shall be in good and habitable condition. No employee shall be required to post a security deposit for an apartment. No Employer shall be required to furnish living quarters for any Helper or other classification of employees or for relief janitors. It is expressly agreed, however, that the cost or value of any living quarters, decorating or any other tenant services provided in accordance with this Agreement shall not be considered or included as part of the wages paid to any employee covered by this Agreement, but shall be deemed only to be in addition to such wages, and for the convenience of the Employer. Nor shall the value of the living quarters be deemed, in whole or in any part, as an offset against overtime or any other pay which may otherwise be due to an employee. An employee who is provided an apartment under the provisions of this Agreement may be required to sign a lease if the Employer requests the employee to execute such lease. However, such lease shall become operational and binding only on the effective date when the employee's right to occupy the apartment as an employee expires. Upon termination of the employee's rights to continue the occupancy of the apartment, whether such termination of the employee's occupancy rights have been effectuated by discharge for just cause by the Employer or voluntary termination of employment by the employee, shall any lease, regardless of the date of such lease, become effective. Upon termination of an employee who has not executed a lease, such employee's tenancy shall be considered month to month and shall be deemed covered by the terms and conditions of the most recent standard lease form used at the premises by the owner or manager. It is expressly understood that this Agreement takes precedence over such a lease and any provisions in a lease which are contrary to the provisions of this Agreement shall be invalid and unenforceable in a court of law or otherwise. No employee shall be entitled or permitted to sell, lease, or sublease any apartment, or other space, parking space, amenity or privilege of the employee to a third party. In the case where living quarters are provided which are in excess of what is required hereunder, a use and occupancy agreement may be entered into covering such arrangement. No employee shall have the right to refuse the occupancy of an apartment unless both the Union and the Employer shall mutually agree for good cause shown to excuse the employee from such occupancy. However, in such a case, or if an apartment is not available or not furnished to the employee for good cause shown, an apartment allowance shall be negotiated in lieu of the apartment based on the average fair market rental for a one-bedroom apartment in the area for purpose of insuring that the employee will reside in a location convenient to the premises for which they have responsibility. An apartment allowance for employee hired by the Employer after December 1, 2008 who reside more than 10 miles from the building does not have to be negotiated. Employees under this Section shall be required to occupy the Living Quarters provided during their scheduled work week (including on-call time).

Living Quarters. Chief Engineers (and Assistant Engineers and other employees for whom it has been negotiated or who are otherwise being so provided, whether or not they are exclusive service janitorsengineers) shall be provided living quarters, rent free, with all such services as are customarily provided a tenant in the premises as part of such tenant's rent, including air conditioning. Such apartment shall be heated at the expense of the Employer and shall be decorated at least once every two (2) years at the expense of the Employer. In the event, however, that decorating services are not provided to tenants, such employees shall be provided with the necessary paint and other materials required to decorate the apartment and reasonable time off within which to perform that work. In any event, however, the apartment shall be decorated at the expense of the Employer when such employee janitor is replaced by another such employee janitor in the building. No Employer shall be required to furnish the employee more than one (1) apartment as living quarters but such apartment shall include one (1) bedroom if there is such an apartment in the building and shall be in good and habitable condition. No employee shall be required to post a security deposit for an apartment. No Employer shall be required to furnish living quarters for any Helper or other classification of employees or for relief janitors. It is expressly agreed, however, that the cost or value of any living quarters, decorating or any other tenant services provided in accordance with this Agreement shall not be considered or included as part of the wages paid to any employee covered by this Agreement, but shall be deemed only to be in addition to such wages, and for the convenience of the Employer. Nor shall the value of the living quarters be deemed, in whole or in any part, as an offset against overtime or any other pay which may otherwise be due to an employee. An employee who is provided an apartment under the provisions of this Agreement may be required to sign a lease if the Employer requests the employee to execute such lease. However, such lease shall become operational and binding only on the effective date when the employee's right to occupy the apartment as an employee expires. Upon termination of the employee's rights to continue the occupancy of the apartment, whether such termination of the employee's occupancy rights have been effectuated by discharge for just cause by the Employer or voluntary termination of employment by the employee, shall any lease, regardless of the date of such lease, become effective. Upon termination of an employee who has not executed a lease, such employee's tenancy shall be considered month to month and shall be deemed covered by the terms and conditions of the most recent standard lease form used at the premises by the owner or manager. It is expressly understood that this Agreement takes precedence over such a lease and any provisions in a lease which are contrary to the provisions of this Agreement shall be invalid and unenforceable in a court of law or otherwise. No employee shall be entitled or permitted to sell, lease, or sublease any apartment, or other space, parking space, amenity or privilege of the employee to a third party. In the case where living quarters are provided which are in excess of what is required hereunder, a use and occupancy agreement may be entered into covering such arrangement. No employee shall have the right to refuse the occupancy of an apartment unless both the Union and the Employer shall mutually agree for good cause shown to excuse the employee from such occupancy. However, in such a case, or if an apartment is not available or not furnished to the employee for good cause shown, an apartment allowance shall be negotiated in lieu of the apartment based on the average fair market rental for a one-bedroom apartment in the area for purpose of insuring that the employee janitor will reside in a location convenient to the premises for which they have responsibility. An apartment allowance for employee employees hired by the Employer after December 1, 2008 who reside more than 10 miles from the building does not have to be negotiated. Employees under this Section shall be required to occupy the Living Quarters provided during their scheduled work week (including on-call time).

Living Quarters. Chief Engineers Head Janitors (and Assistant Engineers Head Janitors and other employees for whom it has been negotiated or who are otherwise being so providedpro- vided, whether or not they are exclusive service janitors) shall be provided living quarters, rent free, with all such services as are customarily provided a tenant in the premises as part of such tenant's rent, including air conditioning. Such apartment shall be heated at the expense of the Employer and shall be decorated at least once every two (2) years at the expense of the Employer. In the event, however, that decorating services are not provided to tenants, such employees Janitors shall be provided with the necessary paint and other materials required to decorate the apartment and reasonable time off within which to perform per- form that work. In any event, however, the apartment shall be decorated at the expense of the Employer when such employee janitor is replaced by another such employee janitor in the building. No Employer shall be required to furnish the employee Janitor more than one (1) apartment as living quarters but such apartment shall include one (1) bedroom if there is such an apartment in the building and shall be in good and habitable condition. No employee shall be required re- quired to post a security deposit for an apartment. No Employer shall be required to furnish fur- nish living quarters for any Helper or other classification of employees or for relief janitorsjani- tors. It is expressly agreed, however, that the cost or value of any living quarters, decorating deco- rating or any other tenant services provided in accordance with this Agreement shall not be considered or included as part of the wages paid to any employee covered by this Agreement, but shall be deemed only to be in addition to such wages, and for the convenience con- venience of the Employer. Nor shall the value of the living quarters be deemed, in whole or in any part, as an offset against overtime or any other pay which may otherwise be due to an employee. An employee who is provided an apartment under the provisions of this Agreement may be required to sign a lease if the Employer requests the employee to execute such lease. However, such lease shall become operational and binding only on the effective date when the employee's right to occupy the apartment as an employee expires. Upon termination of the employee's rights to continue the occupancy of the apartment, whether such termination of the employee's occupancy rights have been effectuated ef- fectuated by discharge for just cause by the Employer or voluntary termination of employment employ- ment by the employee, shall any lease, regardless of the date of such lease, become effectiveef- fective. Upon termination of an employee who has not executed a lease, such employee's tenancy ten- ancy shall be considered month to month and shall be deemed covered by the terms and conditions of the most recent standard lease form used at the premises by the owner or manager. It is expressly understood that this Agreement takes precedence over such a lease and any provisions in a lease which are contrary to the provisions of this Agreement Agree- ment shall be invalid and unenforceable in a court of law or otherwise. No employee shall be entitled or permitted to sell, lease, or sublease any apartment, or other space, parking space, amenity or privilege of the employee to a third party. In the case where living quarters are provided which are in excess of what is required hereunder, a use and occupancy agreement may be entered into covering such arrangement. No employee janitor shall have the right to refuse the occupancy of an apartment unless both the Union and the Employer shall mutually agree for good cause shown to excuse the employee janitor from such occupancy. However, in such a case, or if an apartment is not available avail- able or not furnished to the employee janitor for good cause shown, an apartment allowance shall be negotiated in lieu of the apartment based on the average fair market rental for a one-one- bedroom apartment in the area for purpose of insuring that the employee janitor will reside in a location loca- tion convenient to the premises for which they have he has responsibility. An apartment allowance for employee janitors hired by the Employer after December 1, 2008 who reside more than 10 miles from the building does not have to be negotiated. Employees under this Section shall be required to occupy the Living Quarters provided during their scheduled work week (including on-call time).