Protected Employees. Executive understands and agrees that the relationships between the Company and its Protected Employees (defined herein) constitute valuable assets of the Company and may not be converted to Executive’s own use. Accordingly, Executive agrees that, during the Restricted Period, Executive shall not, directly or indirectly, for himself or for another person or entity, solicit or induce any Protected Employee to terminate his employment relationship with the Company or enter into employment with any other person or entity. The term “Protected Employee” means any employee of the Company who were employed by the Company at any time during the twelve (12) months prior to the Executive’s last day of employment with the Company. A Protected Employee whose employment with CCC is terminated involuntarily shall cease to be considered a Protected Employee immediately following his last day of employment. A Protected Employee who voluntarily terminates his employment with CCC shall cease to be considered a Protected Employee six (6) months after his last day of employment with CCC.
Protected Employees. Section 1 - All employees, other than seasonal employees, who are in active service and who have or attain ten (10) or more years' of employment relationship will be retained in service subject to compensation as herein provided unless or until retired, discharged for cause, or otherwise removed by natural attrition. For the purpose of this Agreement, the term "active service" is defined to include all employees working, or holding an assignment, or in the process of transferring from one assignment to another (whether or not the date on which such ten or more years of employment relationship is acquired was a work day). An employee who is not regularly assigned on the date the employee is otherwise eligible to achieve protected status under this Section will be deemed to be protected on the first day assigned to a regular position in accordance with existing rules of the BMWE Agreement.
Protected Employees. Any employee with 5 or more years of continuous service, or any employee who subsequently attains 5 or more years continuous service, in the Craft of the Organization signatory hereto who is furloughed for any reason after the effective date of this Agreement, except under conditions such as set forth in Article I above, will be designated a “PROTECTED EMPLOYEE” and will be subject to an “EMPLOYEE PROTECTION ALLOWANCE” (EPA) and other conditions as hereinafter specified.
Protected Employees. Section 1 - All employees, other than seasonal employees, who are in active service and who have or attain ten (10) or more years' of employment relationship will be retained in service subject to compensation as herein provided unless or until retired, discharged for cause, or otherwise removed by natural attrition. For the purpose of this Agreement, the term "active service" is defined to include all employees working, or holding an assignment, or in the process of transferring from one assignment to another (whether or not the date on which such ten or more years of employment relationship is acquired was a work day). An employee who is not regularly assigned on the date the employee is otherwise eligible to achieve protected status under this Section will be deemed to be protected on the first day assigned to a regular position in accordance with existing rules of the BMWE Agreement Section 2 - Seasonal employees, who had compensated service during each of the years 1995, 1996, and 1997 who otherwise meet the definition of "protected" employees under Section 1, will be offered employment in future years at least equivalent to what they performed in 1997 unless or until retired, discharged for cause, or otherwise removed by natural attrition. Section 3 - In the event of a decline in a carrier’s business in excess of 5 per cent in the average percentage of both gross operating revenue and net revenue ton miles in any 30-day period compared with the average of the same period for the years 1963 and 1964, a reduction in forces in the crafts represented by each of the organizations signatory hereto may be made at any time during the said 30-day period below the number of employees entitled to preservation of employment under this Agreement to the extent of one per cent for each one per cent the said decline exceeds five per cent. The average percentage of decline shall be the total of the percent of decline in gross operating revenue and percent of decline in net revenue ton-miles divided by two. Advance notice of any such force reduction shall be given as required by the current Schedule Agreements of the organizations signatory hereto. Upon restoration of a carrier’s business following any such force reduction, employees entitled to preservation of employment must be recalled in accordance with the same formula within 15 calendar days.
Protected Employees. The following employees shall not be required to work shifts except in emergencies or if they volunteer or if they change positions by applying for a posted position that includes shift work:
Protected Employees. (1) a. Employees covered by this Agreement, with an employment relationship with the Carrier as of August 1, 2015 (hereinafter “Protected Employees”), will continue to be covered by the most current terms and plan structure of the Railroad Employees National Health and Welfare Plan and as that Plan is amended from time to time by agreement between the National Carrier’s Conference Committee and the Organization.
Protected Employees. Protected employees will maintain their protected status. Protected employees are those employees previously identified under the former Unit 1, 2 and 3 Collective Agreements i.e., those employees still on staff who were formerly NABET and CUPE prior to December 1, 1983. All previous entitlements will apply except that the definition of Qualifications will be that as outlined in Article 46.8 as it applies to redeployment and displacement rights for protected employees. Excerpts from the former agreements relating to protected employees can be found in Appendix XX.
Protected Employees. If the employment with the Company of any individual listed in Schedule 6.10 is terminated by the Board of Directors of the Surviving Corporation, over the objection of the Chief Executive Officer of the Surviving Corporation, during the 12-month period from and after the Effective Time for any reason other than for "Cause," such employee's salary and benefits shall be continued for the 12-month period commencing as of the date of termination. As used herein, "Cause" shall mean (a) the failure or inability for any reason of the employee to devote his full business time to the Company's business, (b) the failure of the employee to diligently or effectively perform his duties to the Company, (c) the commission by the employee of any act involving moral turpitude or the commission by the employee of any act or the suffering by the employee of any occurrence or state of facts, which renders the employee incapable of performing his duties to the Company, or adversely affects or could reasonably by expected to adversely affect the Company's business reputation, (d) the violation by the employee of instructions or policies established by the Company with respect to the operation of its business and affairs or the employee's failure to carry out the reasonable instructions of the President of the Company, or (e) the commission by the employee of any action or the existence of any state of facts which would legally justify an employer in terminating an employee. For the purpose of this provision, a material change in duties (provided such employee provides the Company with 30 days prior notice and the Company has not cured such material change prior to the expiration of such 30 days) or a reduction in salary of more than 25% after the Effective Time, in either case without the consent of the employee, shall be considered a termination of employment.
Protected Employees. 2.3 The Buyer undertakes to PowerGen and warrants that it will comply with the provisions of the Protection Regulations in respect of the Protected Employees.
Protected Employees. Section 1— In determining whether an employee who was on furlough on October 1, 1964, where extra boards are not maintained meets the “active service” requirement of Article 1, Section 1, on that date, the following will govern: The total number of days an employee performs service during months in 1964 in which such employee is furloughed during the entire month should be divided by the total number of such months (irrespective of whether the days of service and the months of furlough in 1964 precede or follow October 1, 1964) and if the quotient of this calculation is seven (7) days or more the employee shall be considered to have been in “active service” on October 1, 1964. Days of service in which an employee is furloughed only a part of the month shall not be taken into account in determining whether the employee meets the “active service” requirement. Employees who were on furlough on October 1, 1964 and were not then available for all calls because of restrictions they had voluntarily placed on their availability are not to be considered in “active service” on that date. All employees who meet the qualifications herein specified and the other qualifications under Article 1, Section 1, of the Agreement dated February 7, 1965, who were on furlough on February 7, 1965 are entitled to be returned to active service no later than March 1, 1965.
