Common use of OPERATIONAL TRANSFER Clause in Contracts

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's necessity to advance the Employer's equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's necessity to advance the Employer's equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, employee is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's ’s equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's ’s new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's ’s residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's ’s necessity to advance the Employer's ’s equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, employee is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's ’s equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's ’s new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "“available" ” and "self-“self- restricted" ” seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's ’s residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's ’s necessity to advance the Employer's ’s equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "“available" ” seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's ’s equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's ’s new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's ’s residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's ’s necessity to advance the Employer's ’s equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's ’s equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's ’s new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "“available" ” and "“self-restricted" ” seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's ’s residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's ’s necessity to advance the Employer's ’s equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "“available" ” seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's ’s equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's ’s new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's ’s residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's ’s necessity to advance the Employer's ’s equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, employee is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's necessity to advance the Employer's equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.. Article 4 15

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. If there are not three (3) stores within 25 miles of the employee’s residence, the Employer may transfer the employee to any of the three (3) closest stores to the employee’s residence but in no event shall the transfer require the employee to travel more than forty (40) miles between the employee’s residence and the new store. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's necessity to advance the Employer's equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. If there are not three (3) stores within 25 miles of the employee’s residence, the Employer may transfer the employee to any of the three (3) closest stores to the employee’s residence but in no event shall the transfer require the employee to travel more than forty (40) miles between the employee’s residence and the new store. 4. If an employee, on either list, is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either (a) business necessity or (b) the transfer's necessity to advance the Employer's equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his their place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, is transferred to another store for any reason, he carries his they carry their seniority with himthem, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.

OPERATIONAL TRANSFER. 1. It is recognized that to meet the necessities of the business or to advance the Employer's equal employment opportunity program, transfer of employees either within the geographical jurisdiction of a Union party to this Agreement or from the jurisdiction of one such Local Union to another such Local Union may be required. In such cases where such transfer is effected by the Employer, the transferred employee will carry to such employee's new assignment all seniority, as defined above, acquired in the employ of the Employer. This transfer rule shall have application to both the "available" and "self-restricted" seniority lists. Transfers referred to in this Section shall not require an employee to travel one way more than twenty-five (25) miles between the employee's residence and the new location. Reasonable tolerance of these limits shall be allowed for temporary transfers such as vacation relief and store openings. 2. In cases involving operational transfers, the Employer must show either either (a) business necessity or (b) the transfer's necessity to advance the Employer's equal employment opportunity program. 3. A senior employee may refuse an operational transfer only if it is over twenty-five (25) miles from his place of residence; provided, however, that the employee is protected inasmuch as the operational transfer provisions shall not be applied in an arbitrary, capricious, or discriminatory manner, or for disciplinary purposes, and shall not be utilized as a device for creating hardship to the employee in order to force or provoke resignation. 4. If an employee, on either list, is transferred to another store for any reason, he carries his seniority with him, provided that no employee on the "available" seniority list is displaced or reduced in hours as a direct result of a transfer from the geographical jurisdiction of one Local Union party to this Agreement to the geographical jurisdiction of another Local Union party to this Agreement. 5. The Employer shall have the right to transfer employees from one Company district to another Company district without regard to Local Union jurisdiction and without penalty. Such transferred employees shall retain all their seniority rights.