PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS Sample Clauses

PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS a. These provisions shall take effect only after a certification of a secret ballot election, conducted by the County in accordance with Chapter 2.79 of the Sacramento County Code, in which a simple majority of those voting vote to implement fair share/agency shop. Such election shall be held as soon as is administratively feasible. This provision, if approved, shall be effective beginning with the third full biweekly pay period after the certification of the election. b. An election to implement the provisions of this section shall not prohibit or restrict an election to rescind this provision as provided by Section 3502.5 of the Government Code. c. The Union and the County mutually agree that the election provided for in Subsection b. of Section 3502.5 of the Government Code: (1) Shall be determined by a simple majority of those voting; and (2) Shall be conducted following election security procedures that apply to the conduct of employee representation elections that are subject to Chapter 2.79 of the Sacramento County Code. d. All employees holding status as such, in classifications included in the Health Services Unit, on a date thirty (30) days prior to the holding of the election, shall be eligible to vote in such election and no other.
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PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS. (1) This article became effective only after a secret ballot election, conducted by the County pursuant to the 1982-83 Labor Agreement, in which a simple majority of those voting voted to implement agency shop. (2) The election to implement the provisions of this article shall not prohibit or restrict an election to rescind the article as provided by Section 3502.5 of the Government Code. (3) The Association and the County mutually agree that the election provided for in Subsection b. of Section 3502.5 of the Government Code: (a) Shall be determined by a simple majority of those voting; and (b) Shall be conducted following election security procedures that apply to the conduct of employee representation elections that are subject to Chapter 2.79 of the Sacramento County Code. (4) All employees holding status as such in classifications included in the unit on a date thirty (30) days prior to the holding of the election shall be eligible to vote in such election and no others. b. It is agreed that agency shop fair share fees and charitable contributions specified herein shall be deducted from the salary of each employee covered by this article who files with the County a written authorization requesting such deduction be made. c. Upon implementation of the agency shop fees established by this article, the Association automatically, without further action by either the County or the Association, waives its right, if indeed there is such a right, to negotiate: (1) Decisions, procedures and rules of the Civil Service Commission and the Board of Retirement, so long as any action taken by such Board or Commission takes place after a public hearing, during which the Association may testify; and (2) Changes to the Employee Relations Ordinance which prohibit recognized employee organizations from representing both a supervisory and a non-supervisory unit, and/or restricts a law enforcement employee organization from representing non-law enforcement units.
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PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS. The provisions of the Agreement regarding agency shop are subject to the following conditions: a. The agency shop provisions shall not be effective until two (2) full pay periods after APECS has provided the County with a certified list of APECS members who are regular employees in the bargaining unit, and said list shall be equal to at least 66-2/3% of the regular employees in the bargaining unit. The term “APECS members” shall include employees who have applied for membership in APECS and currently are paying initiation fees to APECS. b. APECS and the County mutually agree that the election provided for in Subsection b. of Section 3502.5 of the Government Code: (1) Shall be determined by a simple majority of those voting; (2) Shall be conducted following election security procedures that apply to the conduct of employee representation elections that are subject to Chapter 2.79 of the Sacramento County Code; and, (3) Only regular employees shall be eligible to vote.
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PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS. The provisions of the Agreement regarding agency shop are subject to the following conditions: a. The agency shop provisions shall not be effective until two (2) full pay periods after UPE has provided the County with a certified list of UPE members who are regular or limited-term employees in the bargaining unit, and said list shall be equal to at least 66-2/3% of the regular and limited- term employees in the bargaining unit. The term "UPE members" shall include employees who have applied for membership in UPE and currently are paying initiation fees to UPE. b. UPE and the County mutually agree that the election provided for in Subsection b. of Section 3502.5 of the Government Code: (1) Shall be determined by a simple majority of those voting; (2) Shall be conducted following election security procedures that apply to the conduct of employee representation elections that are subject to Chapter 2.79 of the Sacramento County Code; and, (3) Only regular and limited-term employees shall be eligible to vote.
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PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS. (1) This provision shall take effect only after a certification of a secret ballot election, conducted by the County in accordance with Chapter 2.79 of the Sacramento County Code, in which a simple majority of those voting vote to implement fair share/agency shop. Such election shall be held as soon as is administratively feasible. (2) An election to implement the provisions of this section shall not prohibit or restrict an election to rescind this provision as provided by Section 3502.5 of the Government Code. (3) The Association and the County mutually agree that the election provided for in Subsection b. of Section 3502.5 of the Government Code: (a) Shall be determined by a simple majority of those voting; and (b) Shall be conducted following election security procedures that apply to the conduct of employee representation elections that are subject to Chapter 2.79 of the Sacramento County Code. (4) All employees holding status as such, in classifications included in the Non-Supervisory Unit, on a date thirty (30) days prior to the holding of the election, shall be eligible to vote in such election and no other.
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PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS. The provisions of the Agreement regarding agency shop are subject to the following conditions: (1) The agency shop provisions shall not be effective until two (2) full pay periods after UAPD has provided the County with a certified list of UAPD members who are regular or limited-term employees in the bargaining unit, and said list shall be equal to at least 66-2/3% of the regular employees in the bargaining unit. The term "UAPD members" shall include employees who have applied for membership in UAPD and currently are paying initiation fees to UAPD. (2) UAPD and the County mutually agree that the election provided for in Subsection b. of Section 3502.5 of the Government Code: (a) shall be determined by a simple majority of those voting; (b) shall be conducted following election security procedures that apply to the conduct of employee representation elections that are subject to Chapter 2.79 of the Sacramento County Code; and, (c) only regular and limited-term employees shall be eligible to vote.
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PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS. The provisions of the Agreement regarding agency shop are subject to the following conditions: a. The agency shop provisions shall not be effective until two (2) full pay periods after the certification of a secret ballot election, conducted by the County Registrar of Voters and Elections in accordance with Chapter 2.79 of the Sacramento County Code, in which a simple majority of those voting, vote to implement fair share/agency shop. Such election shall be held as soon as administratively feasible, and only after the Union has notified the County in writing of its desire for such an election to be held. b. An election to implement the provisions of this section shall not prohibit or restrict an election to rescind this provision as provided by Section 3502.5 of the Government Code. c. The Union and the County mutually agree that the election provided for in Subsection b. of Section 3502.5 of the Government Code: (1) Shall be determined by a simple majority of those voting and (2) Shall be conducted following election security procedures that apply to the conduct of employee representation elections that are subject to Chapter 2.79 of the Sacramento County Code; and, d. Employees exempted from coverage under the Agency Shop pursuant to Section 2.5 shall not vote. Only regular and limited-term employees holding status as such in the bargaining unit on a date thirty (30) days prior to the holding of the election, shall be eligible to vote and no others.
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Related to PRECONDITIONS TO IMPLEMENTATION OF FAIR SHARE/AGENCY SHOP PROVISIONS

  • Limitations and Conditions on Benefits The benefits and payments provided under this Agreement shall be subject to the following terms and limitations:

  • Additional Conditions to Issuance of Stock If at any time the Company will determine, in its discretion, that the listing, registration or qualification of the Shares upon any securities exchange or under any state or federal law, or the consent or approval of any governmental regulatory authority is necessary or desirable as a condition to the issuance of Shares to Participant (or his or her estate), such issuance will not occur unless and until such listing, registration, qualification, consent or approval will have been effected or obtained free of any conditions not acceptable to the Company. The Company will make all reasonable efforts to meet the requirements of any such state or federal law or securities exchange and to obtain any such consent or approval of any such governmental authority. Assuming such compliance, for income tax purposes the Exercised Shares will be considered transferred to Participant on the date the Option is exercised with respect to such Exercised Shares.

  • Conditions to Obligation of the Company to Effect the Merger The obligation of the Company to effect the Merger is further subject to the satisfaction (or waiver by the Company to the extent permitted by applicable Law) of the following conditions: (a) The representations and warranties of Parent and Merger Sub set forth in Article 4 (without regard to any qualifications as to materiality or Parent Material Adverse Effect contained in such representations and warranties) shall be true and correct both when made and at and as of the Closing Date, as if made at and as of such time (except to the extent expressly made as of an earlier date, in which case as of such date), except where the failure of such representations and warranties to be so true and correct would not have, individually or in the aggregate, a Parent Material Adverse Effect. (b) Parent and Merger Sub shall have performed in all material respects all obligations and complied in all material respects with all covenants required by this Agreement to be performed or complied with by them prior to the Effective Time. (c) Parent shall have delivered to the Company a certificate, dated as of the Closing Date and signed by its Chief Executive Officer or another senior officer, certifying to the effect that the conditions set forth in Section 6.2(a) and Section 6.2(b) have been satisfied.

  • Other Provisions of General Application Section 7.1 Notices to the Rights Agent, Parent and the Stockholders’ Representative. Any notice, request, instruction or other document to be given hereunder by any party to the others shall be in writing and delivered personally or sent by registered or certified mail, postage prepaid, by electronic mail (except with respect to the Rights Agent), by facsimile transmission only with respect to the Rights Agent or overnight courier, provided that with respect to notices deliverable to the Stockholders’ Representative, such notices shall be delivered solely via electronic mail or facsimile: If to Parent or the Company: Eros International Plc First Names House Victoria Road Xxxxxxx Isle of Man IM2 4DF British Isles Attention: Xxxx Xxxxxxx, Chief Corporate and Strategy Officer Email: xxxx.xxxxxxx@xxxxxxxx.xxx with a copy (which shall not constitute notice) to: Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxxx Xxxxx Xxxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000 Attention: Xxxxx Xxxxxx Xxxxx Xxxxxx Email: xxxxxxx@xxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xxx If to the Rights Agent: Computershare Trust Company, N.A., Computershare Inc. 000 Xxxxxx Xxxxxx Canton, MA 02021 Attention: Client Services Facsimile: (000) 000-0000 If to the Stockholders’ Representative: Fortis Advisors LLC Attention: Notices Department (Project World Cup) Email: xxxxxxx@xxxxxxxxx.xxx Facsimile: (000) 000-0000 with a copy (which shall not constitute notice) to: Xxxxxxxx & Xxxxx LLP 000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxx X. Xxxxxx, P.C. Email: xxxx.xxxxxx@xxxxxxxx.xxx or to such other persons or addresses as may be designated in writing by the party to receive such notice as provided above. Any notice, request, instruction or other document given as provided above shall be deemed given to the receiving party upon actual receipt, if delivered personally; three (3) business days after deposit in the mail, if sent by registered or certified mail; upon confirmation of successful transmission if sent by electronic mail; or on the next business day after deposit with an overnight courier, if sent by an overnight courier.

  • Conditions to Each Party’s Obligations to Effect the Merger The respective obligations of each party to effect the Merger shall be subject to the fulfillment (or waiver in whole or in part by the intended beneficiary thereof, in its sole discretion (provided that the condition set forth in Section 3.1(b) shall not be subject to waiver by any of the parties hereto)) on or prior to the Closing Date of the following conditions: (a) The limited partners of the Partnership who own more than 50 percent of the Units owned by all limited partners of the Partnership shall have voted to approve, at a special meeting of the Partnership held for that purpose (the “Special Meeting”), this Agreement, the Merger and the transactions contemplated hereby; (b) The Investors who own more than 50 percent of the Units owned by all Investors present in person or by proxy at the Special Meeting shall have voted to approve this Agreement, the Merger and the transactions contemplated hereby; (c) The Fairness Opinion shall not have been withdrawn prior to the Effective Time, unless a replacement opinion or opinions of an investment banking firm or firms satisfactory to SWR (including the Transaction Committee) to a similar effect has been received by the Transaction Committee and has not been withdrawn; (d) No provision of any applicable law or regulation and no judgment, injunction, order, or decree shall prohibit the consummation of the Merger and the transactions related thereto; (e) No suit, action, or proceeding shall have been filed or otherwise be pending against the parties to this Agreement or any officer, member, or affiliate of such parties challenging the legality or any aspect of the Merger or the transactions related thereto; and (f) The parties to the Merger shall have made all filings and registrations with, and notifications to, all third parties, including, without limitation, lenders and all appropriate regulatory authorities, required for consummation of the transactions contemplated by this Agreement (other than the filing and recordation of appropriate merger documents required by the DGCL or the DRULPA), and all approvals and authorizations and consents of all third parties, including, without limitation, lenders and all regulatory authorities, required for consummation of the transactions contemplated by this Agreement shall have been received and shall be in full force and effect, except for such filings, registrations, notifications, approvals, authorizations, and consents, the failure of which to make or obtain would not have a material adverse effect on the business or financial condition of a party to this Agreement, or the ability of a party to this Agreement to consummate the transactions contemplated by this Agreement.

  • Incorporation of Administrative Code Provisions by Reference The provisions of Chapters 12B and 12C of the San Francisco Administrative Code are incorporated in this Section by reference and made a part of this Agreement as though fully set forth herein. Contractor shall comply fully with and be bound by all of the provisions that apply to this Agreement under such Chapters, including but not limited to the remedies provided in such Chapters. Without limiting the foregoing, Contractor understands that pursuant to §§12B.2(h) and 12C.3(g) of the San Francisco Administrative Code, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this Agreement may be assessed against Contractor and/or deducted from any payments due Contractor.

  • Conditions to Obligations of Each Party to Effect the Merger The respective obligations of each party to this Agreement to effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of the following conditions:

  • Conditions to Obligations of Parent The obligation of Parent to effect the Merger is also subject to the satisfaction, or waiver by Parent, at or prior to the Effective Time, of the following conditions:

  • Additional Conditions to Obligations of Company The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:

  • Conditions to Obligation of Buyer The obligation of Buyer to consummate the Closing is subject to the satisfaction (or, to the extent permitted by Applicable Law, waiver by Buyer) of the following further conditions: (i) Seller shall have performed in all material respects all of its obligations hereunder required to be performed by it on or prior to the Closing Date, (ii) the representations and warranties of Seller contained in this Agreement (disregarding all materiality and Material Adverse Effect qualifications) shall be true when made and at and as of the Closing Date, as if made at and as of such date, with only such exceptions as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect and (iii) Buyer shall have received a certificate signed by an officer of Seller to the foregoing effect; (b) all consents of third parties required by the agreements listed in Section 10.02(b) of the Disclosure Schedule shall have been obtained; (c) all governmental licenses, authorizations, permits, consents and approvals required to carry on the Business as now conducted shall have been transferred to or otherwise obtained by Buyer on or before the Closing Date, with only such exceptions as would not reasonably be expected to have a Material Adverse Effect; (d) Buyer shall have received all documents it may reasonably request relating to (i) the existence of Seller and its Subsidiaries (including the Purchased Subsidiaries) and (ii) the authority of Seller for this Agreement, all in form and substance reasonably satisfactory to Buyer; and (e) The proceeds of the Debt Financing shall have been received by Buyer, or shall be fully available to Buyer, on substantially the terms and conditions set forth in the Debt Commitment Letter (including after giving effect to any changes pursuant to the “market flex” provisions thereof); provided that Buyer shall not be entitled to assert the failure of the condition set forth in this Section 10.02(e) if the failure of the Debt Financing to be consummated has resulted solely from the failure of the Equity Financing to be consummated.

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