Referral of Men Sample Clauses

Referral of Men. Art. 6(a)(1) The Contractor shall, under the terms of this Agreement, request the Union to furnish all competent, drug screened, and qualified field construction boilermakers, boilermaker apprentices, boilermaker helpers and other applicable classifications in this Agreement. Only referral applicants possessing a current MOST drug screen certification or a timely chain of custody receipt indicating that a MOST drug screen certification may be issued may be considered available for referral and employment. MOST mandatory requirements for referral applicants will be set forth in the schedule contained in Article 24(a). Applicants must satisfactorily complete these requirements no later than the date specified in order to be considered available for referral and employment. The referral will include the applicant’s current MOST Individual Profile. Any dispute over the application of this provision shall first be referred to the Union and Employer Negotiating Committee Chairman for resolution.
Sample 1
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Referral of Men. Upon the request of an Employer for plumbers, pipefitters, refrigeration men and supervision, the Union shall immediately refer competent and qualified registrants to that employer in sufficient number required by the employer, in the manner and under the conditions specified in this Agreement from the separate appropriate out-of-work list on a first man in, first out basis; that is, the first man registered shall be the first man referred, except that: Requests by Employers for particular plumbers, pipefitters, refrigeration men previously employed by the employer and who have been laid off or terminated by the employer within one hundred and eighty (180) days previous to the request, shall be given preference of rehire and shall be dispatched to that Employer, regardless of the applicant’s position on the out-of-work list. This request is to be in writing on a form provided by the Union. Recalled employees are to be dispatched through the Local Union office and by the Business Representatives only.
Sample 1
Referral of Men. 27 Art. 6(a). The referral system shall comply with 28 the National Minimum Standards and any 29 revisions thereto. (Appendix “B”) (1) The first two (2) Employees on 31 the job shall be the Xxxxxxx, selected by the 32 Employer, and the Xxxxxxx, selected by the 33 Business Manager, regardless of their position 34 on the out-of-work list. For a job under the terms 35 of the Ohio Valley Articles of Agreement, the 1 Employer may select a maximum of five (5) 2 additional Boilermaker Employees by name 3 from among the top fifty percent (50%) of 4 registrants on the appropriate out-of-work list 5 of the Local Lodge having jurisdiction. These 6 five(5) additional Boilermaker Employees may 7 be selected from any one or combination of 8 Boilermaker classifications under the terms of 9 this agreement (i.e., Journeyman, or Apprentice), 10 except that any choice may not exceed one (1) 11 Apprentice. Additional Employees required for 12 the job will be obtained in accordance with the 13 Referral Rules.
Sample 1
Referral of Men. 5.3.1 Upon the request of a Contractor for P.I.P.E. / N.I.T.C. and/or UA National Certified plumbers, pipefitters, welders, qualified apprentices and pre-apprentices, the Union shall, within forty-eight (48) hours, refer registrants in sufficient number required by the Contractor in the manner and under the conditions specified in this Agreement from the separate appropriate out of work list on a first-in, first-out basis; that is, the first man registered shall be the first man referred except as set forth herein. 5.3.2 The Employer retains the right to reject a job applicant referred by the Union. It is understood that any applicant referred by the Union and rejected shall receive the equivalent of two (2) hours’ of the total package as show up pay, which is payable no later than two (2) business days after rejecting the applicant or four (4) hours pay and benefit contributions if worked, except for work performed under Appendix D, Section D.2. Any man receiving less than a full day’s pay shall retain his place on the out of work list, but he shall not be redispatched to the same Contractor or the same job if so requested by the Contractor in writing. 5.3.3 When men are ordered before 10:00 A. M. for the following work day they shall report to the job at 8:00 A.M. or the agreed starting time except that applicants called by name may report to the project the same day. If they do not report at 8:00 A.M. or agreed starting time they shall be paid only for time actually worked. Dispatch hours shall be at a minimum 8:00 A.M. to 10:00 A. M. Monday through Friday. Any Local Union desiring to change the dispatching hours must obtain approval of the Joint Arbitration Board. 5.3.4 Contractors shall be privileged to call Group 1 employees, as provided in Paragraph 5.3.5, by name. Such request shall be honored without regard to the individual’s position on the out of work list. All such requests shall be confirmed in writing when requested by the Business Manager of the Local Union. However, any Contractor or employee who violates these hiring provisions shall be subject to damages. All such disputes shall be heard in accordance with the grievance procedures in Appendix B, Section B.2 and damages shall be assessed by the Joint Arbitration Board or its Subcommittee established in Appendix B, Section B.3. 5.3.5 The first man on each job in each classification shall come from Group 1 or Group 2 and may be called by name. The first man on each job may be replaced at an...
Sample 1
Referral of Men. 5.3.1 Prior to dispatch of any employee or applicant for employment, the Union shall verify that person’s employment eligibility under the Immigration Reform and Control Act of 1986. The Union shall complete a U.S. Immigration and Naturalization Service Form I9 for each employee and applicant for employment who is dispatched. However, if the Union is unable to complete verification at the time of dispatch because the employee or applicant does not have the required documents, the employee or applicant will still be eligible for dispatch, and the Union shall verify that individual’s employment eligibility within three (3) days of dispatch, or twenty-one (21) days if the employee or applicant has provided a receipt showing application for a document which will establish eligibility. The Union shall keep a copy of each Form I-9 in its files for three years, or until one (1) year after the employee’s last day of employment, if later, and shall complete new I-9 forms as required by I.N.S. regulations.
Sample 1
Referral of Men. Art. 6 (a) (1) The Contractor shall, under the terms of this Agreement, request the Union to furnish all competent, drug screened, and qualified field construction boilermakers, boilermaker apprentices, boilermaker helpers and other applicable classifications in this Agreement. Only referral applicants possessing a current MOST drug screen certification or a timely chain of custody receipt indicating that a MOST drug screen certification may be issued may be considered available for referral and employment. MOST mandatory requirements for referral applicants will be set forth in the schedule contained in Article 24(a). Applicants must satisfactorily complete these requirements no later than the date specified in order to be considered available for referral and employment. The referral will include the applicant’s current MOST Individual Profile. Any dispute over the application of this provision shall first be referred to the Union and Employer Negotiating Committee Chairman for resolution. construction boilermakers, boilermaker apprentices, boilermaker helpers and other applicable classifications in this Agreement. Only referral applicants possessing a current MOST drug screen certification or a timely chain of custody receipt indicating that a MOST drug screen certification, and otherwise meeting the requirements of Article 24(a) through 24(a)(2), will be considered available for referral and employment under the terms of this agreement. The referral will include the applicant’s current MOST Individual Profile. (To the extent that the Union does not have available sufficient applicants for referral who meet the requirements of Article 24(a) through 24(a)(2), the Contractor and Business Manager may waive such requirements for referral).
Sample 1
Referral of Men. Upon the request of an Employer for plumbers, pipefitters, refrigeration men and supervision, the Union shall immediately refer competent and qualified registrants to that employer in sufficient number required by the employer, in the manner and under the conditions specified in this Agreement from the separate appropriate out-of-work list on a first man in, first out basis; that is, the first man registered shall be the first man referred, except that: a) Requests by Employers for particular plumbers, pipefitters, refrigeration men previously employed by the employer and who have been laid off or terminated by the employer within one hundred and eighty (180) days previous to the request, shall be given preference of rehire and shall be dispatched to that Employer, regardless of the applicant’s position on the out-of- work list. This request is to be in writing on a form provided by the Union. Recalled employees are to be dispatched through the Local Union office and by the Business Representatives only. b) Bonafide requests by the Employer for plumbers, pipefitters, refrigeration men with special skills and abilities will be honored. The dispatcher shall dispatch persons possessing such skills and abilities in the order in which their names appear on the out-of-work list. Such a decision of the dispatching agent in referring registrants is appealable to the Labor/Management Committee as hereinafter provided.
Sample 1
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Related to Referral of Men

  • Deferral of Filing If a Demand Request is received and there is not an effective Shelf Registration Statement on file with the SEC, the Company may, upon prior written notice to the Holders, defer (but not more than once in any 12-month period) the filing (but not the preparation) of the Registration Statement for the Demand Offering for a reasonable period of time not to exceed 60 days after the Required Filing Date (or, if longer, 60 days after the filing date of the registration statement contemplated by clause (ii) below) if (i) at the time the Company receives the Demand Request, the Company or any of its subsidiaries is engaged in confidential negotiations or other confidential business activities, disclosure of which would be required in connection with such Registration Statement (but would not be required if such Registration Statement were not filed), and the Board of Directors determines in good faith that such disclosure would be materially detrimental to the Company and its stockholders (an “Adverse Disclosure”), or (ii) prior to receiving the Demand Request, the Board of Directors had determined to effect a Company Primary Offering pursuant to Section 2.3, and the Company had taken substantial steps (including, without limitation, selecting a managing underwriter for such offering) and is proceeding with reasonable diligence to effect such offering. A deferral of the filing of a Registration Statement pursuant to this Section 2.2.3 shall be lifted, and the Registration Statement shall be filed promptly, if, in the case of a deferral pursuant to clause (i) of the preceding sentence, the negotiations or other activities are disclosed or terminated, or, in the case of a deferral pursuant to clause (ii) of the preceding sentence, the proposed Company Primary Offering is completed or abandoned. In order to defer the filing of a Registration Statement pursuant to this Section 2.2.3, the Company shall promptly (but in any event within five (5) days), upon determining to seek such deferral, deliver to each Holder requesting inclusion of Registrable Shares in the Demand Offering a certificate signed by an executive officer of the Company stating that the Company is deferring such filing pursuant to this Section 2.2.3 and an approximation of the anticipated delay. On the 20th day after the Private Equity Holders have received such certificate, the Demand Request shall be deemed withdrawn automatically unless, prior to such 20th day, the Private Equity Holders deliver to the Company a written notice to the effect that they do not want the Demand Request to be withdrawn.

  • Referral of Disputes a) Either central party must refer a dispute to the Committee for discussion and review

  • Deferral of Compensation The Company shall implement deferral arrangements permitting Executive to elect to irrevocably defer receipt, pursuant to written deferral election terms and forms (the "Deferral Election Forms"), of all or a specified portion of (i) his annual base salary and annual incentive compensation under Section 4, (ii) long-term incentive compensation under Section 5(a), and (iii) shares acquired upon exercise of options granted in accordance with Sections 5(a) and (b) that are acquired in an exercise in which Executive pays the exercise price by the surrender of previously acquired shares, to the extent of the net additional shares acquired by Executive in such exercise; provided, however, that such deferrals shall not reduce Executive's total cash compensation in any calendar year below the sum of (i) the FICA maximum taxable wage base plus (ii) 1.45% of Executive's annual salary, annual incentive compensation and long-term incentive compensation in excess of such FICA maximum. In accordance with such duly executed Deferral Election Forms or the terms of any such mandatory deferral, the Company shall credit to one or more bookkeeping accounts maintained for Executive on the respective payment date or dates, amounts equal to the compensation subject to deferral, such credits to be denominated in cash if the compensation would have been paid in cash but for the deferral or in shares if the compensation would have been paid in shares but for the deferral. An amount of cash equal in value to all cash-denominated amounts credited to Executive's account and a number of shares of Common Stock equal to the number of shares credited to Executive's account pursuant to this Section 5(c) shall be transferred as soon as practicable following such crediting by the Company to, and shall be held and invested by, an independent trustee selected by the Company and reasonably acceptable to Executive (a "Trustee") pursuant to a "rabbi trust" established by the Company in connection with such deferral arrangement and as to which the Trustee shall make investments based on Executive's investment objectives (including possible investment in publicly traded stocks and bonds, mutual funds, real estate, and insurance vehicles) (the "Deferred Compensation Accounts"). Thereafter, Executive's deferral accounts will be valued by reference to the value of the assets of the Deferred Compensation Accounts. The Company shall pay all costs of administration of the deferral arrangement, without deduction or reimbursement from the assets of the "rabbi trust," or reduction in the Deferred Compensation Accounts. Except as otherwise provided under Section 7 in the event of Executive's termination of employment with the Company or as otherwise determined by the Committee in the event of hardship on the part of Executive, upon such date(s) or event(s) set forth in the Deferral Election Forms (including forms filed after deferral but before settlement in which Executive may elect to further defer settlement) or under the terms of any mandatory deferral, the Company shall promptly pay to Executive cash equal to the cash then credited to Executive's deferral accounts and cash equal in value to any shares of Common Stock then credited to Executive's deferral accounts, less applicable withholding taxes, and such distribution shall be deemed to fully settle such accounts; provided, however, that the Company may instead settle such accounts by directing the Trustee to distribute the assets of the "rabbi trust." The Company and Executive agree that compensation deferred pursuant to this Section 5(c) shall be fully vested and nonforfeitable; provided, however, Executive acknowledges that his rights to the deferred compensation provided for in this Section 5(c) shall be no greater than those of a general unsecured creditor of the Company, and that such rights may not be pledged, collateralized, encumbered, hypothecated, or liable for or subject to any lien, obligation, or liability of Executive, or be assignable or transferable by Executive, otherwise than by will or the laws of descent and distribution, provided that Executive may designate one or more beneficiaries to receive any payment of such amounts in the event of his death.

  • Deferral of Payments The Executive shall have the right to elect to defer the Post-Change in Control Severance Payment to be received by the Executive pursuant to this Section 6 under the terms and conditions of the Deferred Compensation Plan. Any such deferral election shall be made in accordance with Section 18(b) hereof.

  • Appeal of Award Within thirty (30) days of a final award by the single arbitrator, you or we may appeal the award for reconsideration by a three-arbitrator panel. If you or we appeal, the other party may cross- appeal within thirty (30) days xXxx notice of the appeal. The panel will reconsider all aspects of the initial award that are appealed, including related findings of fact.

  • 409A This Agreement and the amounts payable and other benefits hereunder are intended to comply with, or otherwise be exempt from, Section 409A of the Tax Code. This Agreement shall be administered, interpreted and construed in a manner consistent with Section 409A. If any provision of this Agreement is found not to comply with, or otherwise not to be exempt from, the provisions of Section 409A, it shall be modified and given effect, in the sole discretion of the Board or Compensation Committee thereof and without requiring the Executive’s consent, in such manner as the Board or Compensation Committee determines to be necessary or appropriate to comply with, or to effectuate an exemption from, Section 409A. Each payment under this Agreement shall be treated as a separate identified payment for purposes of Section 409A. The preceding provisions shall not be construed as a guarantee by the Company of any particular tax effect to the Executive of the payments and other benefits under this Agreement. With respect to any reimbursement of expenses of, or any provision of in-kind benefits to, the Executive, as specified under this Agreement, such reimbursement of expenses or provision of in-kind benefits shall be subject to the following conditions: (a) the expenses eligible for reimbursement or the amount of in-kind benefits provided in one taxable year shall not affect the expenses eligible for reimbursement or the amount of in-kind benefits provided in any other taxable year, except for any medical reimbursement arrangement providing for the reimbursement of expenses referred to in Section 105(b) of the Tax Code; (b) the reimbursement of an eligible expense shall be made no later than the end of the year after the year in which such expense was incurred; and (c) the right to reimbursement or in-kind benefits shall not be subject to liquidation or exchange for another benefit. If a payment obligation under this Agreement arises on account of the Executive’s “separation from service” (as defined under Treasury Regulation Section 1.409A-1(h)) while the Executive is a “specified employee” (as defined under Section 409A of the Tax Code and determined in good faith by the Compensation Committee), any payment of “deferred compensation” (as defined under Treasury Regulation Section 1.409A-1(b)(1), after giving effect to the exemptions in Treasury Regulation Sections 1.409A-1(b)(3) through (b)(12)) that is scheduled to be paid within six months after such separation from service shall accrue without interest and shall be paid on the first day of the seventh month beginning after the date of the Executive’s separation from service or, if earlier, within 15 days after the appointment of the personal representative or executor of the Executive’s estate following his death.

  • IRC Section 409A This Agreement is intended to comply with Section 409A (as defined in Section 23 of this Agreement) and any ambiguous provisions will be construed in a manner that is compliant with the application of Section 409A. If (a) the Indemnitee is a “specified employee” (as such term is defined by the Company in accordance with Section 409A) and (b) any payment payable upon “separation from service” (as such term is defined by the Company in accordance with Section 409A) under this Agreement is subject to Section 409A and is required to be delayed under Section 409A because the Indemnitee is a specified employee, that payment shall be payable on the earlier of (i) the first business day that is six months after the Indemnitee’s “separation from service”; (ii) the date of the Indemnitee’s death; or (iii) the date that otherwise complies with the requirements of Section 409A. This Section 25 shall be applied by accumulating all payments that otherwise would have been paid within six months of the Indemnitee’s separation from service and paying such accumulated amounts on the earliest business day which complies with the requirements of Section 409A. For purposes of Section 409A, each payment or amount due under this Agreement shall be considered a separate payment, and the Indemnitee’s entitlement to a series of payments under this Agreement is to be treated as an entitlement to a series of separate payments.

  • Section 409A (a) Notwithstanding any provision of this Agreement to the contrary, all provisions of this Agreement are intended to comply with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and the applicable Treasury regulations and administrative guidance issued thereunder (collectively, “Section 409A”) or an exemption therefrom and shall be construed and administered in accordance with such intent. Any payments under this Agreement that may be excluded from Section 409A either as separation pay due to an involuntary separation from service or as a short-term deferral shall be excluded from Section 409A to the maximum extent possible. For purposes of Section 409A, each installment payment provided under this Agreement shall be treated as a separate payment. Any payments to be made under this Agreement upon a termination of Employee’s employment shall only be made if such termination of employment constitutes a “separation from service” under Section 409A. (b) To the extent that any right to reimbursement of expenses or payment of any benefit in-kind under this Agreement constitutes nonqualified deferred compensation (within the meaning of Section 409A), (i) any such expense reimbursement shall be made by the Company no later than the last day of the taxable year following the taxable year in which such expense was incurred by Employee, (ii) the right to reimbursement or in-kind benefits shall not be subject to liquidation or exchange for another benefit, and (iii) the amount of expenses eligible for reimbursement or in-kind benefits provided during any taxable year shall not affect the expenses eligible for reimbursement or in-kind benefits to be provided in any other taxable year; provided, that the foregoing clause shall not be violated with regard to expenses reimbursed under any arrangement covered by Section 105(b) of the Code solely because such expenses are subject to a limit related to the period in which the arrangement is in effect. (c) Notwithstanding any provision in this Agreement to the contrary, if any payment or benefit provided for herein would be subject to additional taxes and interest under Section 409A if Employee’s receipt of such payment or benefit is not delayed until the earlier of (i) the date of Employee’s death or (ii) the date that is six (6) months after the Termination Date (such date, the “Section 409A Payment Date”), then such payment or benefit shall not be provided to Employee (or Employee’s estate, if applicable) until the Section 409A Payment Date. Notwithstanding the foregoing, the Company makes no representations that the payments and benefits provided under this Agreement are exempt from, or compliant with, Section 409A and in no event shall any member of the Company Group be liable for all or any portion of any taxes, penalties, interest or other expenses that may be incurred by Employee on account of non-compliance with Section 409A.

  • Withdrawal of Consent The Participant understands that the Participant is providing the consents herein on a purely voluntary basis. If the Participant does not consent, or if the Participant later seeks to revoke the Participant’s consent, the Participant’s employment status or service and career with the Employer will not be adversely affected; the only consequence of the Participant’s refusing or withdrawing the Participant’s consent is that the Company would not be able to grant RSUs or other equity awards to the Participant or administer or maintain such awards. Therefore, the Participant understands that refusing or withdrawing the Participant’s consent may affect the Participant’s ability to participate in the Plan. For more information on the consequences of Participant’s refusal to consent or withdrawal of consent, the Participant understands that the Participant may contact the Participant’s local human resources representative.

  • Compliance with Section 409A of the Code All payments and benefits payable under this Agreement (including, without limitation, the Section 409A Payments) are intended to comply with the requirements of Section 409A of the Code. Certain payments and benefits payable under this Agreement are intended to be exempt from the requirements of Section 409A of the Code. This Agreement shall be interpreted in accordance with the applicable requirements of, and exemptions from, Section 409A of the Code and the Treasury Regulations thereunder. To the extent the payments and benefits under this Agreement are subject to Section 409A of the Code, this Agreement shall be interpreted, construed and administered in a manner that satisfies the requirements of Sections 409A(a)(2), (3) and (4) of the Code and the Treasury Regulations thereunder If the Company and the Executive determine that any compensation, benefits or other payments that are payable under this Agreement and intended to comply with Sections 409A(a)(2), (3) and (4) of the Code do not comply with Section 409A of the Code, the Treasury Regulations thereunder and other applicable authority issued by the Internal Revenue Service, to the extent permitted under Section 409A of the Code, the Treasury Regulations thereunder and any applicable authority issued by the Internal Revenue Service, the Company and the Executive agree to amend this Agreement, or take such other actions as the Company and the Executive deem reasonably necessary or appropriate, to cause such compensation, benefits and other payments to comply with the requirements of Section 409A of the Code, the Treasury Regulations thereunder and other applicable authority issued by the Internal Revenue Service, while providing compensation, benefits and other payments that are, in the aggregate, no less favorable than the compensation, benefits and other payments provided under this Agreement. In the case of any compensation, benefits or other payments that are payable under this Agreement and intended to comply with Sections 409A(a)(2), (3) and (4) of the Code, if any provision of the Agreement would cause such compensation, benefits or other payments to fail to so comply, such provision shall not be effective and shall be null and void with respect to such compensation, benefits or other payments to the extent such provision would cause a failure to comply, and such provision shall otherwise remain in full force and effect.

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