Personnel; Labor Matters. (a) Schedule 6.10(a) sets forth a complete and correct list, as of the Closing Date, of all Transferred Employees including as applicable, (i) salary, hourly wage rate, bonus or retention rate and (ii) position or title.
(b) No Transferred Employees are represented by any labor organization, and there are no labor or collective bargaining agreements, which pertain to the Transferred Employees. To the Knowledge of Seller, no labor organization or group of Employees has made a pending demand for recognition or certification affecting the Transferred Employees, and, within the preceding three years, there have been no representation, certification or other related proceedings, or petitions seeking a representation proceeding or other related proceeding, pending or, to the Knowledge of Seller, threatened to be brought or filed with the National Labor Relations Board or any other labor relations tribunal or authority. Within the preceding three years, there have been no organizing activities involving Seller pending or, to the Knowledge of Seller, threatened by any labor organization or group of employees affecting the Transferred Employees.
(c) There are no strikes, work stoppages, slowdowns, lockouts, arbitrations, grievances, unfair labor practice charges or complaints pending or, to the Knowledge of Seller, threatened involving any Transferred Employees and, to the Knowledge of Seller, there are no facts or circumstances which could form the basis for any of the foregoing. None of the Transferred Employees have resigned or have given written notice to Seller of their intention to resign or otherwise voluntarily terminate their employment with Seller.
(d) There are no complaints, charges or claims against Seller pending or, to the Knowledge of Seller, threatened to be brought or filed with any Governmental Authority based on, arising out of, in connection with, or otherwise relating to the employment of any of the Transferred Employees, including ERISA, the Civil Rights Laws, Americans with Disabilities Act, Age Discrimination in Employment Act (as amended by the Older Workers Benefit Protection Act), Pregnancy Discrimination Act, Equal Pay Act, Fair Labor Standards Act, Worker Adjustment and Retraining Notification Act, and Family and Medical Leave Act, and, to the Knowledge of Seller, there are no facts or circumstances which could form the basis for any of the foregoing.
Personnel; Labor Matters. To the knowledge of Company and the Owner, all obligations of the Company, whether arising by operation of law, contract, past custom or otherwise, for unemployment compensation benefits, pension benefits, salaries, wages, bonuses and other forms of compensation payable to the officers, directors and other employees and independent contractors of the Company have been paid or adequate accruals have been made in the Closing Date financial statement of the Company. The Company has and currently is conducting its business in full compliance with all laws relating to employment and employment practices, terms and conditions of employment, wages and hours and nondiscrimination in employment, the violation of which would not have a material adverse effect on the Company.
Personnel; Labor Matters. (a) Seller has delivered to Buyer a complete list, as of the date of this Agreement, of each Property Employee’s (i) name or employee ID, (ii) current job title (or position held) and work location, (iii) current annual base salary (or hourly rate), (iv) most recent bonus and other incentive compensation paid, (v) exempt/non-exempt status, (vi) employment, furlough, or leave status (including any medical leaves of absence), (vii) visa status, and (viii) as of December 31, 2020, any vacation or paid time off balance and the rate of such accrual with respect to such Property Employees. All such Property Employees are authorized to work in the United States. The Company shall update Section 2.13(b)(i) from time to time and as of the Closing Date. No Purchased Company employs any employees who are not Property Employees and no Purchased Company retains any individual providing services to the Real Property as an independent contractor.
(b) None of the Purchased Companies has incurred any material liability or obligation which remains unsatisfied under the Worker Adjustment and Retraining Notification Act (“WARN Act”) or any state or local Laws regarding the termination or layoff of employees.
(c) None of the Purchased Companies is a party to any collective bargaining agreement or other agreement with any labor union (collectively “Labor Agreements”) and, except as set forth on Section 2.13(c) of the Disclosure Schedules, no labor union or similar labor organization or representative body represents any Property Employee. Seller and its Affiliates have fully satisfied and completed all material legal and contractual obligations to bargain with any labor organization representing a Property Employee represented by a labor organization.
(d) Each of the Purchased Companies Subsidiary is in compliance in all material respects with all Laws respecting employment, including Laws relating to wages and hours of work, occupational health and safety, termination of employment, employment practices, employment discrimination, and classification.
(e) Except as set forth on Section 2.13(e) of the Disclosure Schedules, (a) no Labor Agreement is currently being negotiated (i) by any of the Purchased Companies or (ii) Seller or any of its Affiliates, in each case with respect to any Property Employee, (b) there is no material activity or proceeding by any labor union or representative thereof to organize any Property Employee, and (b) there is no pending or, to the knowledge o...
Personnel; Labor Matters. (1) Except for the Collective Bargaining Agreement and the union and employees covered by the Collective Bargaining Agreement, and the Labor Peace Agreement, (x) the Company is not a party to any collective bargaining or similar labor agreement, including without limitation, any side letters or memorandums of understanding, with a labor union or similar organization relating to employees of the Company (collectively, “Labor Agreements”),
Personnel; Labor Matters. Section 2.14 of the Disclosure Schedules sets forth each collective bargaining agreement between the Company or any Company Subsidiary and a labor union (collectively “Labor Agreements”). The Company and each Company Subsidiary is in compliance in all material respects with all Laws respecting employment, including Laws relating to wages and hours of work, and occupational health and safety. Neither the Company nor any Company Subsidiary is engaged in any unfair labor practice and no unfair labor practice charge, complaint, grievance or arbitration proceeding is pending or, to the knowledge of the Company, threatened against the Company or any Company Subsidiary. Except as set forth on Section 2.14 of the Disclosure Schedules, (a) no collective bargaining agreement is currently being negotiated by the Company or any Company Subsidiary, (b) there are no pending or, to the knowledge of the Company, threatened union organizing activities involving the employees of the Company or any Company Subsidiary, (c) there is no labor strike, dispute, work slowdown or stoppage pending or, to the knowledge of the Company, threatened against the Company or any Company Subsidiary and (d) there is no pending or, to the knowledge of the Company, threatened charge, complaint, investigation, action or claims filed with or by any federal or state agency, including but not limited to the US Equal Employment Opportunity Commission, Occupational Safety and Health Administration and/or United States Department of Labor.
Personnel; Labor Matters. (a) The Company has previously provided the Buyer with a schedule that sets forth the following information with respect to each individual employed by the Company as of the date of this Agreement: (i) base salary or wage rate; (ii) cash and other incentive bonus targets;
Personnel; Labor Matters. (a) Schedule 4.12(a) sets forth all collective bargaining agreements and commitments, contracts, agreements, arrangements or understandings (whether written, oral, formal or informal) with Personnel relating to the System to which the City, is a party, including the identification of the parties thereto and the expiration dates.
(b) Except as set forth on Schedule 4.12(b), it shall be solely the City’s obligation to pay, or cause to be paid, the Personnel for accrued but unused and unpaid vacation and sick leave awarded or earned during the Personnel’s period of City employment at a time either appropriately negotiated or on terms set forth in any contract or agreement and/or as required under by applicable Law.
Personnel; Labor Matters. (a) The Company has previously provided the Buyer with a schedule that sets forth the following information with respect to each individual employed by the Company as of the date of this Agreement: (i) base salary or wage rate; (ii) cash and other incentive bonus targets;
(iii) work location; (iv) classification as exempt or non-exempt; (v) active work status; (vi) confirmation that each individual, if required by Law, has provided documentation of their eligibility to work in the United States; and (vii) details of any applicable work visas or similar arrangements that is accurate and complete in all material respects.
(b) The Company is not party to any collective bargaining, works council or other similar agreement with any labor organization covering employees of the Company (collectively “Labor Agreements”). No collective bargaining agreement or similar agreement is currently being negotiated by the Company and, to the knowledge of the Company, there are no pending or threatened union organizing activities involving the employees of the Company.
(c) The Company is in compliance in all material respects with all applicable Laws relating to employees or employment, including Laws relating to wages and hours of work, discrimination and harassment, occupational health and safety, and classification of employees and independent contractors. No unfair labor practice charge, complaint, grievance or arbitration proceeding is pending or, to the knowledge of the Company, threatened against the Company. There is not now, nor has there been at any time during the five (5) year period preceding the date of this Agreement, any labor strike, dispute, work slowdown or stoppage pending or, to the knowledge of the Company, threatened against the Company.
(d) There is no pending or, to the knowledge of the Company, threatened charge, complaint, investigation, action or claims filed with or by any federal or state agency, including to the U.S. Equal Employment Opportunity Commission, Occupational Safety and Health Administration, the National Labor Relations Board or United States Department of Labor.
(e) The Company has not implemented any plant closing or mass layoff for which notice was required, or incurred any liability or obligation under, the Worker Adjustment and Retraining Notification Act or any similar state or local Law within the six (6) months prior to the date of this Agreement.
Personnel; Labor Matters. (a) No Company is a party to or bound by any collective bargaining, works council or similar labor agreement between any Company or any of its Affiliates and a labor union or similar organization covering or relating to employees of any Company (collectively “Labor Agreements”). No union organizational campaign is pending or, to the knowledge of the Seller Parties, threatened with respect to any employee of a Company, and to the knowledge of the Seller Parties, since January 1, 2017, there have not been any activities or proceedings by any labor union, works council, labor organization, employee representative or other representative body to organize any employees of a Company. Since January 1, 2017, there has not been, nor, to the knowledge of the Seller Parties, has there been threatened against the Seller Parties, any strike, slowdown, work stoppage, lockout, concerted refusal to work overtime or other similar labor activity or dispute against a Company.
(b) Each Company is, and has been during the past three (3) years, in compliance in all material respects with all applicable Laws relating to employees or employment, including Laws relating to E-verify, wages and hours of work, discrimination and harassment, occupational health and safety and classification of employees and independent contractors. No unfair practice charge, complaint, grievance or arbitration proceeding is pending or, to the knowledge of the Seller Parties, threatened against any Company. No Company is party to, or otherwise bound by, any consent decree with or citation by any Governmental Entity relating to employees or employment practices and there are no pending, or to the knowledge of the Seller Parties, threatened audits, investigations or similar proceedings alleging a material violation of any labor or employment law.
(c) Except as set forth on Schedule 2.13(c), there is no pending or, to the knowledge of the Seller Parties, threatened charge, complaint, investigation, audit, action or claim filed with or by any federal or state agency, including the U.S. Equal Employment Opportunity Commission, Occupational Safety and Health Administration, the National Labor Relations Board or United States Department of Labor, in each case involving or against a Company.
(d) No Company has implemented any plant closing or mass layoff for which notice was required, or incurred any material liability or obligation under, the WARN Act or any similar state or local Law within the six (6) month...
Personnel; Labor Matters
