Common use of Provisions Applicable to Superintendents Only Clause in Contracts

Provisions Applicable to Superintendents Only. X. XXX SECURITYAND SEVERANCE PAY FOR WORKING SUPERINTENDENTS 1. If the building is demolished or there is a bona fide transfer of title or leasehold resulting in a substantial change in the beneficial interest in the building, the Employer will pay the Superintendent on or about the date of demolition or transfer of title the severance pay provided for below, plus accrued vacation credits, unless the Employer offers an equivalent position in the same or in another building without loss of seniority. If the Employer does not offer such an equivalent position and the Superintendent receives severance pay, and if the new Employer continues the Superintendent on the job and becomes party to this agreement, seniority for severance pay purposes shall be computed from the date of transfer of title or change in beneficial interest. 2. If the Employer discharges the Superintendent for reasons other than those set forth in Section 5 below, it shall give the Superintendent thirty (30) days’ written notice by registered mail or personal service to vacate the apartment he/she occupies in the building. If the Superintendent does not contest his/her discharge, he/she shall receive an additional thirty (30) days to vacate the apartment. If the Superintendent is required to do any work during this notice period, he/she shall be paid at his/her regular rate of pay. A Superintendent who voluntarily vacates said apartment within thirty (30) days after notice (sixty (60) days if discharge is not contested) shall receive severance pay or moving expenses on the following basis according to length of service: Less than 6 months $1000 moving expenses 6 months but less than 2 years 4 weeks’ pay 2 years but less than 3 years 5 weeks’ pay 3 years but less than 4 years 6 weeks’ pay 4 years but less than 5 years 7 weeks’ pay 5 years but less than 6 years 8 weeks’ pay 6 years but less than 7 years 9 weeks’ pay 7 years but less than 8 years 10 weeks’ pay 8 years or more. 11 weeks’ pay unless the Superintendent deliberately provoked his/her dismissal, or his/her conduct constituted a willful or substantial violation of the obligations of his employment, but this limitation shall not apply to moving expenses. 3. The Union may question the propriety of the termination of the Superintendent’s services and demand reinstatement, or severance pay, if any, as the case may be, by filing a grievance within fifteen (15) calendar days following receipt by the Superintendent of the notice to vacate, on the charge that the Employer acted arbitrarily; provided, however, that the time to file a claim for severance pay shall not be limited in a case where the Employer fails to honor an agreement with the Superintendent or the Union to pay severance pay. If the matter is not adjusted through the grievance procedure, it shall be submitted for final determination to the Arbitrator who may sustain the termination with such severance pay, if any, as the case may be, or order reinstatement. The Arbitrator shall give due consideration to the Superintendent’s fiduciary and management responsibilities and to the need for cooperation between the Superin- tendent and the Employer. 4. The Employer’s notice to the Superintendent to vacate the apartment shall be considered held in abeyance and the effective date thereof considered postponed, if necessary, until the matter is adjusted or determined through grievance or arbitration; but the Union must exercise its right to question the Employer’s action within the prescribed time and the matter must be processed with reasonable promptness. No employer shall commence an eviction proceeding, or seek to collect use and occupancy prior to an arbitrator’s award provided that the superintendent agrees in writing not to contest an eviction proceeding in the event that the arbitrator has upheld the discharge. There shall be no interruption of utilities or other essential services to the superintendent’s apartment prior to the date an arbitrator’s award ordering such superintendent to vacate his/her apartment. 5. The Employer, by written notice served personally or by registered mail, may require the Superintendent to vacate the living premises immediately in exceptional cases where the Superintendent’s continued presence might jeopardize the tenants, employees, or the building and where the proper operation of the building requires the immediate employment of a replacement. The Union may question the termination of the Superintendent’s services by filing a grievance within seven (7) calendar days following the receipt by the Superintendent of the notice to vacate. 6. The provision for arbitration of discharge shall not apply for the first six (6) months of a Superintendent’s employment. Upon agreement between the Union and the Employer with respect to any individual Superintendent or Resident Manager, the provision for arbitration of discharge shall not apply for an additional six

Provisions Applicable to Superintendents Only. X. XXX A. JOB SECURITYAND SEVERANCE PAY FOR WORKING SUPERINTENDENTS 1. If the building is demolished or there is a bona fide transfer of title or leasehold resulting in a substantial change in the beneficial interest in the building, the Employer will pay the Superintendent on or about the date of demolition or transfer of title the severance pay provided for below, plus accrued vacation credits, unless the Employer offers an equivalent position in the same or in another building without loss of seniority. If the Employer does not offer such an equivalent position and the Superintendent receives severance pay, and if the new Employer continues the Superintendent on the job and becomes party to this agreement, seniority for severance pay purposes shall be computed from the date of transfer of title or change in beneficial interest. 2. If the Employer discharges the Superintendent for reasons other than those set forth in Section 5 below, it shall give the Superintendent thirty (30) days’ written notice by registered mail or personal service to vacate the apartment he/she occupies in the building. If the Superintendent does not contest his/her discharge, he/she shall receive an additional thirty (30) days to vacate the apartment. If the Superintendent is required to do any work during this notice period, he/she shall be paid at his/her regular rate of pay. A Superintendent who voluntarily vacates said apartment within thirty (30) days after notice (sixty (60) days if discharge is not contested) shall receive severance pay or moving expenses on the following basis according to length of service: Less than 6 months $1000 moving expenses 6 months but less than 2 years 4 weeks’ pay 2 years but less than 3 years 5 weeks’ pay 3 years but less than 4 years 6 weeks’ pay 4 years but less than 5 years 7 weeks’ pay 5 years but less than 6 years 8 weeks’ pay 6 years but less than 7 years 9 weeks’ pay 7 years but less than 8 years 10 weeks’ pay 8 years or more. 11 weeks’ pay unless the Superintendent deliberately provoked his/her dismissal, or his/her conduct constituted a willful or substantial violation of the obligations of his employment, but this limitation shall not apply to moving expenses. 3. The Union may question the propriety of the termination of the Superintendent’s services and demand reinstatement, or severance pay, if any, as the case may be, by filing a grievance within fifteen (15) calendar days following receipt by the Superintendent of the notice to vacate, on the charge that the Employer acted arbitrarily; provided, however, that the time to file a claim for severance pay shall not be limited in a case where the Employer fails to honor an agreement with the Superintendent or the Union to pay severance pay. If the matter is not adjusted through the grievance procedure, it shall be submitted for final determination to the Arbitrator who may sustain the termination with such severance pay, if any, as the case may be, or order reinstatement. The Arbitrator shall give due consideration to the Superintendent’s fiduciary and management responsibilities and to the need for cooperation between the Superin- tendent and the Employer. 4. The Employer’s notice to the Superintendent to vacate the apartment shall be considered held in abeyance and the effective date thereof considered postponed, if necessary, until the matter is adjusted or determined through grievance or arbitration; but the Union must exercise its right to question the Employer’s action within the prescribed time and the matter must be processed with reasonable promptness. No employer shall commence an eviction proceeding, or seek to collect use and occupancy prior to an arbitrator’s award provided that the superintendent agrees in writing not to contest an eviction proceeding in the event that the arbitrator has upheld the discharge. There shall be no interruption of utilities or other essential services to the superintendent’s apartment prior to the date an arbitrator’s award ordering such superintendent to vacate his/her apartment. 5. The Employer, by written notice served personally or by registered mail, may require the Superintendent to vacate the living premises immediately in exceptional cases where the Superintendent’s continued presence might jeopardize the tenants, employees, or the building and where the proper operation of the building requires the immediate employment of a replacement. The Union may question the termination of the Superintendent’s services by filing a grievance within seven (7) calendar days following the receipt by the Superintendent of the notice to vacate. 6. The provision for arbitration of discharge shall not apply for the first six (6) months of a Superintendent’s employment. Upon agreement between the Union and the Employer with respect to any individual Superintendent or Resident Manager, the provision for arbitration of discharge shall not apply for an additional six

Provisions Applicable to Superintendents Only. X. XXX SECURITYAND A. JOB SECURITY AND SEVERANCE PAY FOR WORKING SUPERINTENDENTS 1. If the building is demolished or there is a bona fide transfer of title or leasehold resulting in a substantial change in the beneficial interest in the building, the Employer will pay the Superintendent on or about the date of demolition or transfer of title the severance pay provided for below, plus accrued vacation credits, unless the Employer offers an equivalent position in the same or in another building without loss of seniority. If the Employer does not offer such an equivalent position and the Superintendent receives severance pay, and if the new Employer continues the Superintendent on the job and becomes party to this agreement, seniority for severance pay purposes shall be computed from the date of transfer of title or change in beneficial interest. 2. If the Employer discharges the Superintendent for reasons other than those set forth in Section 5 below, it shall give the Superintendent thirty (30) days’ written notice by registered mail or personal service to vacate the apartment he/she occupies in the building. If the Superintendent does not contest his/her discharge, he/she shall receive an additional thirty (30) days to vacate the apartment. If the Superintendent is required to do any work during this notice period, he/she shall be paid at his/her regular rate of pay. A Superintendent who voluntarily vacates said apartment within thirty (30) days after notice (sixty (60) days if discharge is not contested) shall receive severance pay or moving expenses on the following basis according to length of service: Less than 6 months $1000 moving expenses 6 months but less than 2 years 4 weeks’ pay 2 years but less than 3 years 5 weeks’ pay 3 years but less than 4 years 6 weeks’ pay 4 years but less than 5 years 7 weeks’ pay 5 years but less than 6 years 8 weeks’ pay 6 years but less than 7 years 9 weeks’ pay 7 years but less than 8 years 10 weeks’ pay 8 years or more. 11 weeks’ pay unless the Superintendent deliberately provoked his/her dismissal, or his/her conduct constituted a willful or substantial violation of the obligations of his employment, but this limitation shall not apply to moving expenses. 3. The Union may question the propriety of the termination of the Superintendent’s services and demand reinstatement, or severance pay, if any, as the case may be, by filing a grievance within fifteen (15) calendar days following receipt by the Superintendent of the notice to vacate, on the charge that the Employer acted arbitrarily; provided, however, that the time to file a claim for severance pay shall not be limited in a case where the Employer fails to honor an agreement with the Superintendent or the Union to pay severance pay. If the matter is not adjusted through the grievance procedure, it shall be submitted for final determination to the Arbitrator who may sustain the termination with such severance pay, if any, as the case may be, or order reinstatement. The Arbitrator shall give due consideration to the Superintendent’s fiduciary and management responsibilities and to the need for cooperation between the Superin- tendent Superintendent and the Employer. 4. The Employer’s notice to the Superintendent Superin- tendent to vacate the apartment shall be considered held in abeyance and the effective date thereof considered postponed, if necessary, until the matter is adjusted or determined through grievance or arbitration; but the Union must exercise its right to question the Employer’s action within the prescribed time and the matter must be processed with reasonable promptness. No employer shall commence an eviction proceeding, or seek to collect use and occupancy prior to an arbitrator’s award provided that the superintendent agrees in writing not to contest an eviction proceeding in the event that the arbitrator has upheld the discharge. There shall be no interruption of utilities or other essential services to the superintendent’s apartment prior to the date an arbitrator’s award ordering such superintendent to vacate his/her apartment. 5. The Employer, by written notice served personally or by registered mail, may require the Superintendent to vacate the living premises immediately in exceptional cases where the Superintendent’s continued presence might jeopardize the tenants, employees, or the building and where the proper operation of the building requires the immediate employment of a replacement. The Union may question the termination of the Superintendent’s services by filing a grievance within seven (7) calendar days following the receipt by the Superintendent of the notice to vacate. 6. The provision for arbitration of discharge shall not apply for the first six (6) months of a Superintendent’s employment. Upon agreement between the Union and the Employer with respect to any individual Superintendent or Resident Manager, the provision for arbitration of discharge shall not apply for an additional sixsix (6) months of a Superintendent’s or Resident Manager’s employment. For grievances arising during the first two (2) months of employment, the presentation period referred to in Article V, Section 7 shall be 240 days. 7. Any Superintendent resigning or terminated because of physical or mental inability to perform duties shall receive severance pay in addition to accrued vacation credits based upon the schedule provided in this Article. Such a Superintendent may resign and receive severance pay if he/she submits satisfactory evidence of such inability at the time of termination, unless, because of circumstances connected with his/her condition, the Superintendent is unable to comply with this requirement. In the event of a dispute concerning the sufficiency of the evidence, the matter shall be resolved in accordance with Article XVII, paragraph 20.