TERM AND DURATION 4.1 The Company shall commence upon the filing of the Certificate of Formation, and shall continue in full force and effect until May 1, 2024, provided, however, that the Company shall be dissolved prior to such date upon the happening of any of the following events:
(a) The mutual written consent of the Members to dissolve the Company.
(b) The sale or other divestiture of all or substantially all of the assets of the Company and the distribution of the proceeds thereof to the Members, including real estate or interests held or owned by the Company (other than a transfer to a nominee of the Company for any Company purpose, which event shall not be construed as an event of termination); provided, however, that (i) if the Company receives a purchase money mortgage or other collateral security in connection with such sale, the Company shall continue (A) until such mortgage or security interest is paid in full or otherwise disposed of, or (B) in the event of foreclosure of such mortgage, or security interest provided the Company retains title therein; and (ii) the Company shall continue if the assets of the Company are exchanged under Section 1031 of the Code.
(c) Upon the death, retirement, expulsion, bankruptcy or dissolution of a Member or occurrence of any other event that terminates the continued membership of a Member in the Company (a "Dissolution Event") unless the business of the Company is continued by the unanimous consent of the remaining Members within ninety (90) days following the Dissolution Event.
(d) The entry of a decree of judicial dissolution under Section 49 of the Act.
(e) The happening of any other prior event which pursuant to the terms and provisions of this Operating Agreement shall cause a dissolution or termination of the Company.
4.2 Upon any dissolution of the Company, the distribution of the Company's assets and the winding up of its affairs shall be concluded in accordance with Article 19 of this Operating Agreement.
Effective Date and Duration When all Parties have executed this Grant, and all necessary approvals have been obtained (“Executed Date”), this Grant is effective and has a Grant funding start date as of July 1, 2020 (“Effective Date”), and, unless extended or terminated earlier in accordance with its terms, will expire on June 30, 2021.
COMMENCEMENT AND DURATION 3.1 This Agreement will commence on the 1 July 2019 and will remain in force until 30 June 2020, after which a new Performance Agreement and Performance Plan shall be concluded between the parties for the next financial year or any portion thereof.
3.2 The parties will review the provisions of this Agreement during June each year. The parties will conclude a new Performance Agreement and Performance Plan that replaces this Agreement at least once a year by not later than the beginning of each successive financial year.
3.3 This Agreement will terminate on the termination of the Employee’s contract of employment for any reason.
3.4 The content of this Agreement may be revised at any time during the above-mentioned period to determine the applicability of the matters agreed upon.
3.5 If at any time during the validity of this Agreement the work environment alters (whether as a result of government or council decisions or otherwise) to the extent that the contents of this Agreement are no longer appropriate, the contents shall immediately be revised.
EFFECTIVE DATE AND DURATION OF AGREEMENT Subject to ratification by the parties, which both parties agree to recommend to their respective principals: This Agreement shall be effective from the 1st day of November, 2015 and shall be valid until the 31th day of October, 2018, and thereafter from year to year unless a written notice is given by either party within the period of four months immediately preceding the date of expiration of the term of the Collective Agreement, of their desire to terminate this Agreement or negotiate a revision thereof, in which case this Agreement shall remain in effect without prejudice to any retroactive clause of a new Agreement until negotiations for revision or amendments hereto have been concluded and a new Agreement superseding this Agreement has been duly executed. The amendments to the Collective Agreement, unless otherwise agreed, are effective upon the date of ratification by the parties. Xxxx Xxxxxx Xxxxxxx Xxxxxxxx Grain and General Services Union Viterra Inc. Grain and General Services Union Viterra Inc. Grain and General Services Union Viterra Inc. Employees shall be paid in the following salary ranges according to their salary grade. An employee’s pay level within the range for the employee’s salary grade will be determined based on the employee’s demonstrated performance. In the event of job reclassification, employees will be moved into the appropriate salary grade and will be paid in accordance with the corresponding salary range. In cases where employees are being paid a wage/salary below that of the new salary range, they shall be brought up to the minimum of the new salary range. In cases where employees are being paid a wage/salary above that of the new salary range, their salary shall be red circled until such time as their wage/salary is within the salary range, however, they will be provided with a lump sum payment in lieu of their annual wage/salary increase. The Company reserves the right to implement employee retention programs, share purchase programs, incentive plans and market supplement programs in its sole and absolute discretion. VITERRA COMPENSATION STRUCTURE– NOVEMBER 1, 2015 Salary Grade Salary Range 1 $32,000 $54,000 2 $38,000 $64,000 3 $46,000 $78,000 4 $55,000 $93,000 5 $66,000 $112,000 Administrative Assistant 2 Asset Protection Trainer 4 Assistant Manager 4 Facility Assistant I 1 Facility Operations Manager Trainee 4 Facility Sales and Admin 1 Grain Logistics Coordinator 3 Grain Buyer Trainee 3 Grain Buyer 4 Manager Customer Service 5 Quality Assurance Coordinator 4 Seasonal Operations Worker 1 Automation Technician 4 Automation Analyst 5 Job Title Salary Grade Level Automation Specialist 5 Electrical Technician 3 Maintenance Journeyperson 4 Maintenance Supervisor 5 Maintenance Technician 3 The following adjustments will be made to compensation:
1. Effective January 1, 2016 the Company shall pay an aggregate salary increase to be determined in advance of the annual pay for performance program based on market. This aggregate increase shall be no less than 2%. The aggregate salary increase will be payable to employees covered by this agreement and shall be added to the recipient employees rates of pay. The amounts provided to individual employees will be based on each employee’s demonstrated performance for the previous fiscal year and position in their respective salary range.
2. Effective January 1, 2017, the Company shall pay an aggregate salary increase to be determined in advance of the annual pay for performance program based on market. This aggregate increase shall be no less than 2%. The aggregate salary increase will be payable to employees covered by this agreement and shall be added to the recipient employees rates of pay. The amounts provided to individual employees will be based on each employee’s demonstrated performance for the previous fiscal year and position in their respective salary range.
3. Effective January 1, 2018, the Company shall pay an aggregate salary increase to be determined in advance of the annual pay for performance program based on market. This aggregate increase shall be no less than 1.75%. The aggregate salary increase will be payable to employees covered by this agreement and shall be added to the recipient employees rates of pay. The amounts provided to individual employees will be based on each employee’s demonstrated performance for the previous fiscal year and position in their respective salary range.
4. Notwithstanding anything contained in this agreement, the payments referred to under paragraphs 1, 2 and 3 will be distributed to all eligible employees and will be based on demonstrated performance and position in their respective salary range. The only provisions of this Agreement applying to temporary and casual employees are outlined in this Schedule B.
1. Article 5 - Maintenance of Membership
2. Temporary employees shall be paid within the range according to their salary grade. Payment above these minimums shall be at the discretion of the Company.
3. A temporary employee as defined in Article 1.3 who is appointed to a Regular Full-Time or Part-Time position as defined in Articles 1.1 and 1.2 shall have his/her seniority recognized from the date the employee was first hired provided that there is no interruption of service.
4. Temporary employees shall be eligible to participate in the Company’s benefit plan provided their term is initially scheduled to be one year or at the point the term actually exceeds one year.
5. All other entitlements will be in accordance with the Canada Labour Code.
1. Four (4) shifts of ten (10) hours each per one (1) week period.
2. Four (4) shifts of nine (9) hours each and one (1) shift of four (4) hours per one (1) week period.
3. Seven (7) shifts of twelve (12) hours each per two (2) week period. (Includes four (4) overtime hours).
4. Fourteen (14) shifts of twelve (12) hours each per four (4) week period. (Includes eight (8) overtime hours).
Entry into force and duration 1. This Agreement shall enter into force one month after the date of exchange of the instruments of ratification by the Contracting Parties. The Agreement shall remain in force for a period of ten years. Unless notice of termination is given by either Contracting Party at least six months before the expiry of its period of validity, this Agreement shall be tacitly extended each time for a further period of ten years, it being understood that each Contracting Party reserves the right to terminate the Agreement by notification given at least six months before the date of expiry of the current period of validity.
2. Investments made prior to the date of termination of this Agreement shall be covered by this Agreement for a period of ten years from the date of termination.
Frequency and Duration There shall be an open enrollment period for health coverage in each year of this Agreement, and for dental coverage in the first year of this Agreement. Each year of the Agreement, all employees shall have the option to complete a Health Assessment. Open enrollment periods shall last a minimum of fourteen (14) calendar days in each year of the Agreement. Open enrollment changes become effective on January 1 of each year of this Agreement. Subject to a timely contract settlement, the Employer shall make open enrollment materials available to employees at least fourteen (14) days prior to the start of the open enrollment period.
ENTRY INTO FORCE AND DURATION OF MOBILITY 2.1 The agreement shall enter into force on the date when the last of the two parties signs.
EFFECTIVENESS AND DURATION (a) This Agreement shall become effective as of the date hereof and will continue for an initial two-year term and will continue thereafter so long as such continuance is specifically approved at least annually (i) by the Trust’s s Board or (ii) by a vote of a majority of the Shares of the Trust, provided that in either event its continuance also is approved by a majority of the Board members who are not "interested persons" of any party to this Agreement, by vote cast in person at a meeting called for the purpose of voting on such approval.
(b) This agreement is terminable, without penalty, on not less than sixty days' notice, by the Board, by vote of a majority of the outstanding voting securities of such Trust, or by AFD.
(c) This Agreement will automatically and immediately terminate in the event of its "assignment."
(d) AFD agrees to notify the Trust immediately upon the event of AFD’s expulsion or suspension by the NASD. This Agreement will automatically and immediately terminate in the event of AFD’s expulsion or suspension by the NASD.
Refund During Cooling-Off Period The PEI will provide the Student with a cooling-off period of seven (7) working days after the date that the Contract has been signed by both parties. The Student will be refunded the highest percentage (stated in Schedule D) of the fees already paid if the Student submits a written notice of withdrawal to the PEI within the cooling-off period, regardless of whether the Student has started the course or not.
UNION SECURITY AND DUES CHECK-OFF 3.1 It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after January 1, 2004 shall, on the thirtieth (30th) calendar day following the beginning of such employment become and remain a member in good standing in the Union.
3.1.1 Should bona fide religious convictions of an employee dictate he/she may not join a Union, he/she shall be required to pay an amount equivalent to the Union initiation fee and monthly dues to a non-religious charity mutually agreed upon by the employee and the Union. If such employee pursuant to this Section requests the Union to use the Grievance and Arbitration Procedure on his/her behalf, the Union is authorized to charge the employee for the reasonable cost of using such procedure.
3.1.2 In the event an employee fails to apply for or maintain his/her membership in the Union as required in Sections 3.1 or 3.
1.1 of this Agreement, the Union may give the Employer notice of this fact and fourteen (14) calendar days following receipt of such notice, the service of such employee shall be suspended without pay by the Employer.
3.2 When the Employer hires a new employee covered in the bargaining unit, the Employer shall, within seven (7) calendar days of the date of employment, notify the Union in writing giving the name, social security number, hire date, address and classification of the employee hired. The Union agrees to defend and hold the Employer harmless from and against any and all claims, demands, lawsuits, orders or judgments arising from the administration and effects of this Section.
3.3 When provided a "voluntary check-off" authorization form furnished by the Union and signed by the employee, the Employer agrees to deduct from that employee's pay, the Union's applicable dues and/or service fees, as prescribed in the "voluntary check-off" form. The full amount of monies so deducted from the employee shall be promptly forwarded to the Union by check along with an alphabetized list showing names and amounts deducted from each employee. The Union agrees to defend and hold the Employer harmless from and against any and all claims, demands, lawsuits, orders or judgments arising from the administration and effects of this Article.
3.4 Work of the Bargaining Unit shall only be performed by members of the Bargaining Unit, who are in good standing with the local Union, except under emergency conditions or such work is incidental or de minimis.
