RECOGNITION AND ESTABLISHMENT OF THE UNIT Sample Clauses

RECOGNITION AND ESTABLISHMENT OF THE UNIT. Section 1. The Company recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for those covered employees in CWA District 3. The term covered employee and/or employees as used in this Agreement shall mean, those employees within the job titles set forth in Appendix A, but excluding Outside Premise Sale Representatives and all employees exempt by the National Labor Relations Act. a. The Company shall have the right to create, define, expand, reduce, alter, combine, move, transfer, relocate or terminate any job, job content, job classification, job title, department, operation or service in the Bargaining Unit; to establish duties in connection with the creation of a job title/classification herewith as it shall deem appropriate; and to subcontract any work. (1) The Company shall notify the Union in writing of any newly created classifications or titles, the duties established therefore, and the temporary wage rate. (2) Upon such notification the Company shall be free to staff such positions. b. The Union shall have the right, within thirty (30) calendar days of the date the Union was notified by the Company of the new classification or title, to initiate negotiations concerning the temporary wage rate established by the Company. If negotiations are not so initiated within thirty (30) calendar days, the temporary wage rate will be made permanent. If negotiations are so initiated within thirty (30) calendar days, they shall commence within thirty (30) days after the Union’s request to initiate negotiations. The parties agree that they shall negotiate for a period of no more than sixty (60) days from the date such negotiations commenced. (1) If an agreement is reached by the parties within the said sixty (60) days as to the appropriate permanent wage rate, such agreement shall be applied retroactively to the day of the establishment of the new classification or title. (2) If no agreement as to the appropriate permanent wage rate for such classifications or titles has been reached within the said sixty (60) days, the issue of the appropriate permanent wage rate shall be subject to a binding mediation process. A mediation conference shall be held as soon as possible but no later than thirty (30) days following conclusion of negotiations. (a) If agreement is reached in the mediation process, as to the appropriate permanent wag...
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RECOGNITION AND ESTABLISHMENT OF THE UNIT. Section 1. The Company hereby continues to recognize the Union as sole collective bargaining agent for those em- ployees of the Company with the job titles and job classifica- tions listed in Appendices A, B, C, D, I, and J of this Agreement and as subsequently established under Article III of this Agreement, excluding confidential and professional employees, guards, and supervisors as defined in Section 2.(11) of the National Labor Relations Act, as amended. Section 2. Nothing herein shall be construed as authorizing the inclusion of any employee or employees not properly includ- ible in the above-described Bargaining Unit, nor shall be con- strued as a waiver or forbearance on the part of the Union of any right to represent any employee or employees properly includ- ible in such Bargaining Unit as contemplated under the National Labor Relations Act as now or hereafter amended or superseded. Section 3. The provisions contained in Articles I through XXVII of this Agreement apply to all Bargaining Unit em- ployees, except as indicated to the contrary.
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RECOGNITION AND ESTABLISHMENT OF THE UNIT. Section 1. The Company recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for those covered employees in CWA Districts 1, 2-13, 4, 7, and 9 as defined February 12, 2022. The term covered employee and/or employees as used in this Agreement shall mean, those employees within the job titles set forth in Appendix A. Outside Premise Sale Representatives and all employees exempt by the National Labor Relations Act are excluded. Section 2. For the purpose of determining whether employees employed in newly created job classifications or titles shall be included or excluded from the bargaining unit covered by the terms of this Agreement, the parties agree as follows: a. The Company shall have the right to create and define any new job classification or job title in the bargaining unit and to establish duties in connection with the creation of a job title/classification herewith as it shall deem appropriate. (1) The Company shall notify the Union in writing of any newly created classifications or titles, the duties established therefore, and the temporary wage rate. (2) Upon such notification the Company shall be free to staff such positions. b. The Union shall have the right, within thirty (30) calendar days of the date the Union was notified by the Company of the new classification or title, to initiate negotiations concerning the temporary wage rate established by the Company. If negotiations are not so initiated within thirty (30) calendar days, the temporary wage rate will be made permanent. If negotiations are so initiated within thirty (30) calendar days, they shall commence within thirty
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RECOGNITION AND ESTABLISHMENT OF THE UNIT. The Company recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for those employees presently employed by the employer, and the work they perform, in Arkansas, Kansas, Missouri, Oklahoma and Texas in the job titles as shown in Appendix A, but excluding confidential and professional employees, guards, and supervisors as defined by the National Labor Relations Act, as amended.
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RECOGNITION AND ESTABLISHMENT OF THE UNIT. Section 1. NDWA recognizes the Union as the exclusive bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment on behalf of all covered employees in the bargaining unit set forth in Section 2, below. The term “employee” or “covered employee” as used in this Agreement shall mean a bargaining unit employee, unless otherwise specified. Section 2. The bargaining unit covered by this Agreement shall consist of: all full-time and regular part-time employees, and those whose job titles are created pursuant to the new job titles provisions of this Agreement, but excluding interns; temporary employees (engaged for a period of no more than 12 months); confidential employees; all staff in positions classified by NDWA as Senior Management, in accordance with Appendix A of this Agreement, “Voluntary Recognition Process Agreement” between CWA & NDWA dated September 30, 2020; employees of a fiscally sponsored organization, such as “Caring Across Generations”; and any other employees that the Union and NDWA mutually agree in writing should be excluded from the bargaining unit.
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RECOGNITION AND ESTABLISHMENT OF THE UNIT. The Company recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for those covered employees in CWA District 3. The term covered employee and/or employees as used in this Agreement shall mean, those employees within the job titles set forth in Appendix A, but excluding Outside Premise Sale Representatives and all employees exempt by the National Labor Relations Act.
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RECOGNITION AND ESTABLISHMENT OF THE UNIT. Section 1. The Company recognizes the Union as sole collective bargaining agent for those employees of the Company with the job titles and job classifications listed in Article IV, Exhibit 5 of this Agreement and as subsequently established under Article III of this Agreement, excluding confidential and pro- fessional employees, guards, and supervisors as defined in Section 2(11) of the National Labor Relations Act, as amended. Section 2. Nothing herein shall be construed as authorizing the inclusion of any employee or employees not properly includible in the above described Bargaining Unit, nor shall be construed as a waiver or forbearance on the part of the Union of any right to represent any employee or employees properly includible in such Bargaining Unit as contemplated under the National Labor Relations Act as now or hereafter amended or superseded. Section 3. The provisions contained in Articles I through XXIX of this Agreement apply to all Bargaining Unit employees, except as indicated to the contrary.
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RECOGNITION AND ESTABLISHMENT OF THE UNIT. Section 1. The Company recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for all of its employees at call centers currently located at Boise ID and Missoula, MT, and to covered employees at any call center locations that the Company may acquire or establish during the term of this Agreement at which a majority of employees are represented or have expressed an interest to be represented by the !BEW. The term covered employee and/or employees as used in this Agreement shall mean, those employees within the job titles set forth in Appendix A, but excluding Outside Premise Sale Representatives and all employees exempt by the National Labor Relations Act. a. The Company shall have the right to create, define, expand, reduce, alter, combine, move, transfer, relocate or terminate any job, job content, job classification, job title, department, operation or service in the Bargaining Unit; to establish duties in connection with the creation of a job title/classification herewith as it shall deem appropriate; and to subcontract any work. (1) The Company shall notify the Union in writing of any newly created classifications or titles, the duties established therefore, and the temporary wage rate. (2) Upon such notification the Company shall be free to staff such positions. (3) For various reasons including, but not limited to, law, regulations, changing industry structure, economic and competitive conditions, and business considerations, it is not possible for the Company to make specific commitments on contracting out of work. However, it is the Company's general policy that work will not be contracted out if it will currently and directly cause layoffs or part-timing of regular employees in the bargaining unit. Regardless: (a) The Company will provide notice to the Union and discuss the reasons for contracting when contracting is anticipated to last more than ninety (90) days and such contracting will currently and directly cause layoffs or part-timing of regular employees in the bargaining unit. (b) The Company will consider the use of Union-represented contractors with the understanding that the selection of any contractor is determined solely by the Company. b. The Union shall have the right, within thirty (30) calendar days of the date the Union was notified by the Company of the new classification or title, to initiate...
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RECOGNITION AND ESTABLISHMENT OF THE UNIT. The Company recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for those covered employees in CWA Districts 1, 2 and 4 as defined January 1, 2001. The parties understand that additional Districts may be added to this Agreement from time to time pursuant to the terms of the Neutrality and Card Check Memorandum of Agreement between them dated February 20, 2001. The term covered employee and/or employees as used in this Agreement shall mean, those employees within the job titles set forth in Appendix A, and in accordance with the “Memorandum of Agreement Regarding Neutrality and Card Check Recognition” between CWA & Cingular dated and effective February 20, 2001, but excluding Outside Premise Sale Representatives and all employees exempt by the National Labor Relations Act.
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Related to RECOGNITION AND ESTABLISHMENT OF THE UNIT

  • Establishment of Trust Accounts (i) The Servicer, for the benefit of the Noteholders and the Certificateholders, shall establish and maintain in the name of the Indenture Trustee an Eligible Deposit Account (the “Collection Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Noteholders and the Certificateholders. (ii) The Servicer, for the benefit of the Noteholders and the Certificateholders, shall establish and maintain in the name of the Indenture Trustee an Eligible Deposit Account (the “Note Distribution Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Noteholders. (iii) The Servicer, for the benefit of the Noteholders, shall establish and maintain in the name of the Indenture Trustee an Eligible Deposit Account (the “Spread Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Noteholders and Certificateholders. (iv) [Reserved]. (v) [Reserved]. (vi) [Reserved]. (vii) [Reserved]. (b) Funds on deposit in the Collection Account, the Note Distribution Account, and the Spread Account (collectively, the “Trust Accounts”) shall be invested or reinvested by the Indenture Trustee in Eligible Investments selected by and as directed in writing by the Servicer (which written direction may be in the form of standing instructions) or if the Servicer fails to provide written direction, shall be invested or reinvested by the Indenture Trustee in Eligible Investments specified in paragraph (d) of the definition of “Eligible Investments” (without giving effect to the proviso therein) as set forth in Appendix A to the Indenture; provided, however, it is understood and agreed that the Indenture Trustee shall not be liable for the selection of, or any loss arising from such investment in, Eligible Investments. All such Eligible Investments shall be held or controlled by the Indenture Trustee for the benefit of the Noteholders and the Certificateholders or the Noteholders, as applicable (and for the purposes of Articles 8 and 9 of the UCC, each Eligible Investment is intended to constitute a Financial Asset, and each of the Trust Accounts is intended to constitute a Securities Account); provided, that on each Transfer Date, all Investment Earnings on funds on deposit in the Trust Accounts shall be deposited into the Collection Account and shall be deemed to constitute a portion of the Total Distribution Amount. Funds on deposit in the Trust Accounts shall be invested in Eligible Investments (or other investments permitted by the Rating Agencies) that will mature so that such funds will be available at the close of business on the Transfer Date preceding the following Payment Date; provided, however, that funds on deposit in Trust Accounts may be invested in Eligible Investments of the entity serving as Indenture Trustee payable on demand or that mature so that such funds will be available on the Payment Date. Funds deposited in a Trust Account on the Transfer Date that precedes a Payment Date upon the maturity or liquidation of any Eligible Investments are not required to be invested overnight. (i) The Indenture Trustee shall possess or control all right, title and interest in all funds on deposit from time to time in the Trust Accounts and in all proceeds thereof (including all income thereon) and all such funds, investments, proceeds and income shall be part of the Trust Estate. The Trust Accounts shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders and the Certificateholders or the Noteholders, as the case may be. If, at any time, any of the Trust Accounts ceases to be an Eligible Deposit Account, the Indenture Trustee (or the Servicer on its behalf) shall within 10 Business Days (or such longer period, not to exceed 30 calendar days, as to which each Rating Agency may consent) establish a new Trust Account as an Eligible Deposit Account and shall transfer any cash and/or any investments held in the no-longer Eligible Deposit Account to such new Trust Account. (ii) With respect to the Trust Account Property, the Indenture Trustee agrees, by its acceptance hereof, that: (A) any Trust Account Property that is held in deposit accounts shall be held solely in Eligible Deposit Accounts, subject to the last sentence of Section 5.1(c)(i); and each such Eligible Deposit Account shall be subject to the exclusive custody and control of the Indenture Trustee, and the Indenture Trustee shall have sole signature authority with respect thereto; (B) any Trust Account Property that constitutes a Certificated Security shall be delivered to the Indenture Trustee in accordance with paragraph (i) of the definition of “Delivery” and shall be held, pending maturity or disposition, solely by the Indenture Trustee or its agent; (C) any such Trust Account Property that constitutes an Uncertificated Security (including any investments in money market mutual funds, but excluding any Federal Book Entry Security) shall be delivered to the Indenture Trustee in accordance with paragraph (ii) of the definition of “Delivery” and shall be maintained, pending maturity or disposition, through continued registration of the Indenture Trustee’s (or its custodian or nominee’s) ownership of such security; and (D) with respect to any Trust Account Property that constitutes a Federal Book Entry Security, the Indenture Trustee shall maintain and obtain Control over such property. (iii) The Servicer shall have the power, revocable by the Indenture Trustee or by the Trustee, with the consent of the Indenture Trustee, to instruct the Indenture Trustee to make withdrawals and payments from the Trust Accounts for the purpose of permitting the Servicer or the Trustee to carry out its respective duties hereunder or permitting the Indenture Trustee to carry out its duties under the Indenture. (d) All Trust Accounts will initially be established at the Indenture Trustee.

  • RECOGNITION OF THE UNION 1. The BCPSEA recognizes the BCTF as the sole and exclusive bargaining agent for the negotiation and administration of all terms and conditions of employment of all employees within the bargaining unit for which the BCTF is established as the bargaining agent pursuant to PELRA and subject to the provisions of this Collective Agreement.

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