Common use of NEW METHODS Clause in Contracts

NEW METHODS. Notwithstanding anything to the contrary contained in this Agreement, it is further agreed that should the Employer adopt any new methods of opera­ tions not presently in the industry, including any centralized system or method of cutting, preparing, fabricating, or wrapping that would result in a substantial change in the content of any job presently covered by this Agreement or that would displace employees presently covered by this Agreement, the Union shall be in­ formed of such new methods and the matter of job classifications, wages, and/or the disposition of displaced employees shall become a matter for negotiation at least sixty (60) days prior to the installation of such new methods or displace­ ment. At expiration of such sixty (60) day period, nothing herein shall prohibit or in any way impede the Employer from installing or effectuating any such new methods, systems or equipment and the procedure set forth below shall apply. Failure to Reach Agreement on New Methods If agreement is not reached in such negotiations within a sixty (60) day period from the time such negotiations begin, there shall be no strike, work stoppage, lockout or economic action of any sort employed by either party, but the matter may be referred to arbitration by either party making a written request of the other for such arbitration. Upon such written request from either party, both parties shall attempt to agree upon a neutral arbitrator to determine the issue and upon failure to agree upon such neutral arbitrator within five (5) days, the Federal Mediation and Conciliation Service shall be requested to submit a list of five (5) names from which one shall forthwith be selected as the neutral arbitra­ tor by alternately deleting the names from the list until but one remains. The findings of the arbitrator shall be binding upon both parties. The decision of the arbitrator shall be effective on, or retroactive to, the date on which new job classifications and wage rates are first applied and/or employees displaced. Pending agreement or decision of the arbitrator, area prevailing wage rates for similar or identical work shall be paid. The cost of the arbitrator shall be borne equally by both parties. The grievance provisions of this Agreement shall in no way affect or be applicable to the procedures and provisions of this para­ graph or the preceding paragraph of this section. (a) An employee serving on a Petit Jury, but not on a Grand Jury, shall receive the difference between Jury pay and his regular daily straight time rate of pay for each day for which he serves on such jury duty, and which he would normally have worked. An employee shall be eligible for jury duty pay for only one (1) tour of jury duty during the life of this Agreement. (b) In the event an employee is released from jury duty at any time prior to 12 Noon he shall return to work and shall be allowed a reasonable time to eat lunch and to return to (he establishment, proviJed, however, that a com­ bination of the total hours spc.i t< jury duty Wording ahall not exceed nine (9) hours, including time to a r, fi-.c . .. ht and lunch period. (c) Time spent serving on a jury shall not be used i. computing over­ time. (d) Notwithstanding the scheduling provision contained in this agree­ ment, the scheduled days off of an employee called for jury duty may be changed so that the employee reports for jury duty on his day off.

Appears in 3 contracts

Samples: Retail Distribution Agreement, Collective Bargaining Agreement, Retail Distribution Agreement

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NEW METHODS. Notwithstanding anything to the contrary contained in this Agreement, it is further agreed that should the Employer adopt any new methods meth­ ods of opera­ tions operations not presently in the industry, including any centralized system or method of cutting, preparing, fabricating, or wrapping that would result in a substantial change in the content of any job presently covered by this Agreement or that would displace employees presently covered by this Agreement, the Union shall be in­ formed informed of such new methods and the matter of job classifications, wages, and/or the disposition of displaced employees shall become a matter for negotiation at least sixty (60) days prior to the installation of such new methods or displace­ mentdisplacement. At expiration of such sixty (60) day period, nothing herein shall prohibit or in any way impede the Employer from installing or effectuating any such new methods, systems or equipment and the procedure set forth below shall apply. Failure to Reach Agreement on New Methods If agreement is not reached in such negotiations negoti­ ations within a sixty (60) day period from the time such negotiations begin, there shall be no strike, work stoppage, lockout or economic action ac­ tion of any sort employed by either party, but the matter may be referred to arbitration by either party making a written request of the other for such arbitration. Upon such written request from either party, both parties shall attempt at­ tempt to agree upon a neutral arbitrator to determine de­ termine the issue and upon failure to agree upon such neutral arbitrator within five (5) days, the Federal Mediation and Conciliation Service shall be requested to submit a list of five (5) names from which one shall forthwith be selected as the neutral arbitra­ tor arbitrator by alternately deleting the names from the list until but one remains. The findings of the arbitrator shall be binding upon both parties. The decision of the arbitrator shall be effective on, or retroactive to, the date on which new job classifications and wage rates are first applied and/or employees displaced. Pending agreement or decision of the arbitrator, area prevailing wage rates for similar or identical iden­ tical work shall be paid. The cost of the arbitrator arbi­ trator shall be borne equally by both parties. The grievance provisions of this Agreement shall in no way affect or be applicable to the procedures and provisions of this para­ graph paragraph or the preceding paragraph of this section. (a) An employee serving on a Petit Jury, but not on a Grand Jury, shall receive the difference between Jury pay and his regular daily straight time rate of pay for each day for which he serves on such jury duty, and which he would normally have worked. An employee shall be eligible for jury duty pay for only one (1) tour of jury duty during the life of this Agreement. (b) In the event an employee is released from jury duty at any time prior to 12 Noon he shall return to work and shall be allowed a reasonable time to eat lunch and to return to (he establishment, proviJed, however, that a com­ bination of the total hours spc.i t< jury duty Wording ahall not exceed nine (9) hours, including time to a r, fi-.c . .. ht and lunch period. (c) Time spent serving on a jury shall not be used i. computing over­ time. (d) Notwithstanding the scheduling provision contained in this agree­ ment, the scheduled days off of an employee called for jury duty may be changed so that the employee reports for jury duty on his day off.

Appears in 2 contracts

Samples: Retail Distribution Agreement, Retail Distribution Agreement

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