Common use of Retention of Existing Employees Clause in Contracts

Retention of Existing Employees. Whenever the Employer bids or takes over the servicing of any job location, building or establishment covered by this Agreement, the Employer agrees to retain all permanent employees at the job location, building or establishment, including those who might be on vacation or off work because of illness, injury or authorized leaves of absence, provided that employment will be offered to those employees who satisfy the hiring and employment standards of the Employer; however upon request by the Union, the Employer shall notify the Union of the reason why it is not hiring a permanent employee at the site. The Employer will recognize the seniority of the employees who are employed by it as continuous, regardless of change in Employers, for the purposes of determining seniority and eligibility for sick leave, vacation, or other benefits. The outgoing Employer will be responsible to pay all wages and vacation accrued for each employee to the date of the takeover. In the event of a change of Employers during a calendar month, the Employer servicing the affected location as of the first day of the month shall be responsible for required Health and Welfare payments based upon the hours of that calendar month. Subject to operational needs and with the Employer’s approval, the incoming Employer shall permit an employee, upon two (2) weeks’ notice, to take unpaid leave equal to the pro rata accrued vacation time that the outgoing Employer paid to the employee, upon proof by the employee that such vacation was paid out or was required to be paid out by the predecessor Employer.