Plant Closing. None of the Selling Parties has, -------------- directly or indirectly, taken or omitted to take any action which may result in the Seller's or the Buyer's liability to any person or entity under the WARN Act. The term "any action" does not include the sale and acquisition contemplated by this Agreement and the liability under the WARN Act, if any, which results from the Seller's termination of employees in connection with such sale and acquisition is the sole responsibility of the Seller.
Plant Closing. 18.1 If the plant is permanently closed, a separation allowance will be paid to employees subject to the following:
a) They have one (1) or more years of seniority as of their date of lay-off.
b) They are actively at work with the Company and accumulating seniority or have been laid off within the thirty (30) day period preceding the date that the closing is announced. An employee on a leave of absence which was granted by the Company under Article 11.10 and employees who are not actively at work with the Company but are absent from work and receiving weekly Workers’ Compensation or Sick Pay payments, will also be eligible.
c) They have not reached their sixty-fifth (65th) birthday.
d) The closing is not brought about by war, strike, walkout, work stoppage, slow-down or other cessation of work, fire, government action or Act of God.
e) In order to qualify for separation allowance, employees must continue to work in a satisfactory manner as long as required.
f) Eligible employees will receive a separation allowance based on their completed full years of seniority as of their date of lay- off as set out in the following table: 11 to 20 The ten year allowance plus $325.00 for each completed full year of seniority over 10 In addition, employees whose combined full years of age and seniority as of their date of lay-off total sixty-five (65), will be entitled to a supplement of twenty-five hundred ($2,500.00) dollars plus an additional one hundred twenty-five ($125.00) dollars for each year that the combined total exceeds sixty-five (65).
18.2 When employees are paid separation allowance under the provisions of this Article, their seniority and employment relationship with the Company is terminated and they shall have no further rights under this Agreement or under any other Agreement between the signing parties.
18.3 If an employee is eligible to be paid separation allowance under the provisions of this Article, he/she will continue to have coverage in the Group Life Insurance, Dental and Extended Health Care plans for a period of six (6) months following the month in which the employee is laid off. Such coverage will continue on the same basis as existed at the time that the employee was laid off.
Plant Closing. (a) General
(1) Whenever the Company decides to close the Evendale Plant, the Company shall give notice of its decision to the Union and the employees concerned. Thereafter, as the Company, in the course of such plant closing, no longer has need for the work then being done by an employee, his/her employment by the Company may be terminated, subject to compliance with the provisions of this Section 2.
(2) Each employee shall be given at least one week's advance notice of the specific date of his/her termination.
Plant Closing. 34.01 In the event the Plant is closed either by the Company or for any other reason, the Company agrees to meet with the Union to discuss severance pay for the affected employees.
Plant Closing. 1. When it becomes necessary to close the plant or a substantial portion of the plant and it is not expected that those affected will be re-employed, a separation allowance or pension benefit will be paid to employees subject to the following:
(a) They have one or more years' seniority as of their date of lay-off.
(b) They are actively employed with the Company and accumulating seniority or have been laid off within the thirty day period preceding the date of notice of closing. Employees on leave of absence up to one year, and employees receiving Workers' Compensation or off sick will be eligible, provided they have not been off work in excess of the time limits corresponding to seniority as set out in Section 12.4.
(c) They have not refused an offer of employment by the Company in the same plant or in another unit of the business, the location of which is reasonably accessible to the location of the place of employment from which the employees are being separated.
(d) They have not refused an offer of employment the requirements of which are not substantially different from the work previously performed and provided they cannot be reasonably expected to perform the offered work satisfactorily.
(e) They have not attained their Normal Retirement Date (the first day of the retirement quarter coincident with or next following the employee's 65th birthday).
(f) They have not been transferred to another plant.
(g) The closing is not brought about by war, strike, walkout, work stoppage, slow-down or other cessation of work, fire, government action, or Act of God.
(h) In order to qualify for separation allowance or pension benefit employees will continue to work in a satisfactory manner as long as required.
(i) Eligible employees who are not entitled to an unreduced pension under the Company's Retirement Plan will receive a separation allowance based on their completed years of service as of their date of lay-off as set out in the following table: 11 to 20 The ten year allowance plus $405.00 for each year over 10. 21 and over The twenty year allowance plus $520.00 for each year over 20. In addition, employees will be entitled to a supplement based on completed full years of age and service as of their date of lay-off. Employees whose combined age and service, as above, total 65 will be entitled to a supplement of $2,700.00 plus an additional $135.00 for each year the combined total exceeds 65.
(j) Eligible employees who are entitled to an unreduced pension under ...
Plant Closing. Purchaser has no definite plans to implement any mass lay-off, plant closing, or other covered employment loss (a “Lay-off”), as those terms are defined by the Worker Adjustment and Retraining Notification Act, 229 U.S.C. § 2101-2109 (the “Act”), within sixty-one (61) days of the Closing Date. If it implements a Lay-off after the Closing, Purchaser will comply with the Act;
Plant Closing. Buyer shall defend and indemnify Shareholders, their officers, directors, agents, and Affiliates, against any claim, damage, or expense arising from the failure of any Fiskars Company to comply with the Worker Adjustment and Retraining Notification Act ("WARN") for a company "plant closing" or "mass layoff" (as those terms are defined in the Act) occurring after the Closing Date or any state, local or foreign law applicable to such matters.
Plant Closing. In the event of a plant closing that gives rise to a permanent layoff/termination of all bargaining unit personnel, the Company and the Union will promptly meet to discuss the impact of the closing upon the effected employees. The parties shall negotiate over the effects of such closing in an effort to establish severance pay and benefit allowances based on seniority. Nothing in this section shall obligate either party to arbitrate any dispute over severance pay or severance benefits in accordance with our grievance provisions.
Plant Closing. Each employee laid off because of a plant closure will receive one (1) week's pay for each year of service up to twenty-six (26) years. Benefits will be paid for an additional six (6) months.
Plant Closing. Employees with a minimum of twelve (12) months seniority shall be eligible for transfer to another division of the Company. Benefits shall continue until the end of the month following the month in which the lay-off occurs. These provisions shall apply where lay-offs occur due to a plant closing or partial closing. If the employee declines a transfer to another division of the Company, the following severance schedule shall apply: Up to one year, one week’s pay for every year of full time service to a maximum of 26 weeks. In the event that the Employment Standards legislation provides a greater benefit than detailed above, then it shall prevail.
