Union Officials 1. The Union will notify the Company in writing of the election, appointment, or removal of Union shop xxxxxxx(s). The District Lodge will notify the Company in writing of the Committee members at that location.
2. Effective upon the Date of Signing of this Agreement, the Company will assume the cost of a total of 150,000 hours of straight-time pay per year, to be used by shop stewards and other employees authorized by the Union for the purpose of administration of this Agreement and all other collective bargaining agreements between the Union and the Company.
a. Shop stewards and other employees authorized by District Lodge 141 must give prior notice and report all time spent on Union business to the designated management representative.
b. The Union will apportion the total annual allotment of 150,000 hours among the Company collective bargaining agreements it administers. In the event of an increase or reduction in the number of such agreements, the parties will meet to discuss and agree upon a proportionate adjustment in the hours allotment.
3. The parties will work with each other in good faith to ensure both that: (1) employees are reasonably represented in grievances and (2) the Company’s operation continues without undue delay.
4. The Union will provide the Company with the names, addresses, and phone numbers of its official Union Representatives.
5. The Company will provide the Union a reasonable amount of time as needed (not to exceed 2 hours) to participate in new-hire orientation for employees covered under this Agreement.
6. If requested by the Union and agreed to by the Company, Local Committeemen may be assigned to the Day Shift and to Saturday and Sunday as regular days off. In the event a significant dispute arises and remains unresolved it may be escalated to the level of AGC and HR at that station and, if not resolved, to the VP of Labor Relations and the President and Directing General Chairman.
Recognition of Union Stewards and Grievance Committee In order to provide an orderly and speedy procedure for the settling of grievances, the Employer acknowledges the rights and duties of the Union Stewards. The Xxxxxxx shall assist any Employee, which the Xxxxxxx represents, in preparing and presenting her grievance in accordance with the grievance procedure.
Union Officers Employees hereafter elected or appointed to full time Union office shall be granted a leave of absence without loss of sen iority but without accumulating seniority during the period of the leave of absence.
Stewards Each UNION shall have the right to designate a working journeyman as a xxxxxxx. The UNION shall notify the EMPLOYER in writing of the identity of their designated xxxxxxx. In addition to his work as an employee, the xxxxxxx shall have the right to receive, but not to solicit, complaints or grievances, and to discuss and assist in the adjustment of the same with the employee's appropriate supervisor. The EMPLOYER will not discriminate against the xxxxxxx in the proper performance of his union duties. The xxxxxxx shall not leave his work area without first notifying his appropriate supervisor or xxxxxxx as to his intent and the reason thereof, he can be reached, and the estimated time that he will be gone. Stewards shall not have the right to determine when overtime shall be worked or who shall work overtime. The EMPLOYER shall have the right to implement a system of written accountability of time spent by all stewards in the performance of their duties whenever they deem such action necessary. The presence or absence of the xxxxxxx shall not affect the work of the craft. The xxxxxxx, in addition to this work as a journeyman, will be permitted to perform during the work hours such of his normal UNION duties as cannot be performed at other times. The UNION agrees that such duties shall be performed as expeditiously as possible and the EMPLOYER agrees to allow the xxxxxxx a reasonable amount of time to perform such duties. The xxxxxxx shall receive his regular craft rate of pay. The xxxxxxx'x duties shall not include any matters relating to any supervisory function over which the EMPLOYER retains sole control. If a xxxxxxx violates any of the rules of this Article, or fails to work or competently perform work assignments, the EMPLOYER shall have the right to take whatever action deemed appropriate, including termination. The working xxxxxxx designated for one EMPLOYER has no authority with regard to the work of another EMPLOYER. If he should become involved in the affairs or disputes of another EMPLOYER, he will be subject to discharge. The EMPLOYER agrees to notify the UNION two (2) working days, confirmed in writing stating the cause, prior to termination of the working xxxxxxx except for a violation of work rules. The xxxxxxx shall be the last EMPLOYEE laid off provided he is qualified to perform the remaining work of the EMPLOYER.
Labor Management Relations The Employer and the Union recognize that the character and quality of the Union/Management relationship in each Agency has an impact upon productivity and quality services. Accordingly, the parties agree to support joint Labor/Management training in skills and concepts which may contribute to increased Union/Management understanding and cooperative relationships.
Union Stewards (a) The Hospital agrees to recognize Union stewards to be elected or appointed from amongst employees in the bargaining unit who have completed their probationary period for the purpose of dealing with Union business as provided under this Collective Agreement.
(b) A Chief Xxxxxxx or designate may, in the absence of any xxxxxxx, assist in the presentation of any grievance, or with any xxxxxxx function.
(c) The Union shall keep the Hospital notified in writing of the names of Union stewards appointed or selected under this Article as well as the effective date of their respective appointments.
(d) It is agreed that Union stewards have their regular duties and responsibilities to perform for the Hospital and shall not leave their regular duties without first obtaining permission from their immediate supervisor. If, in the performance of his duties, a Union xxxxxxx is required to enter an area within the Hospital in which he is not originally employed, he shall report his presence to the supervisor in the area immediately upon entering it. Such permission shall not be unreasonably withheld. When resuming his regular duties and responsibilities, such xxxxxxx shall again report to his immediate supervisor. A Union xxxxxxx shall suffer no loss of earnings for time spent in performing the above duties during his regular scheduled working hours.
(e) Nothing in this Article shall preclude full-time stewards from representing part-time employees and vice-versa.
(f) The number of stewards and the areas which they represent, are to be determined locally.
Job Stewards (1) An employee appointed as a Job Xxxxxxx shall, upon notification by the Union to the employer be recognised as the accredited representative of the Union and he/she shall be allowed all necessary time during working hours to submit to the employer matters affecting the employees he/she represents and further shall be allowed reasonable time during working hours to attend job matters affecting the Union. Provided that the foregoing does not relieve the Job Xxxxxxx of the obligation imposed upon him/her by his/her employer. A Job Xxxxxxx shall notify the employer and where relevant the principal contractor's representative and the Union prior to the calling of any stop work meeting so that the procedures laid down in Clause 42. - Settlement of Disputes - may be observed before any stoppage of work occurs.
(2) Prior to termination or transfer two days' notice shall be given to any Job Xxxxxxx and the Union. Payment in lieu of notice shall not be given. In the event of the Union disputing the decision of management to transfer the Job Xxxxxxx or terminate his/her service, the Union shall notify management within two working days after being informed of the decision of management. The Job Xxxxxxx shall remain on the job during which time a Board of Reference shall deal with the matter. The Union shall, within three working days of notifying the management that it disputes the decision to transfer or terminate the job xxxxxxx, request the Registrar or Deputy Registrar in writing to appoint a Board of Reference to deal with the matter. The Union and the employer shall do all things necessary to enable the Board to sit within ten working days of the management decision to transfer or terminate the job xxxxxxx. If the Board cannot sit within ten working days because of the employer's failure to nominate representatives, or their unavailability to sit on the Board, the decision to transfer or terminate the job xxxxxxx shall be null and void. If the Board cannot sit within ten working days because of the Union's failure to nominate representatives, or their unavailability to sit on the Board, the job xxxxxxx'x transfer or termination shall automatically take effect at the expiry of the period of ten working days. Provided that nothing in this subclause shall prevent the parties proceeding by agreement to have the matter settled by the Commission or a Local Disputes Board set up in accord with Clause 42 (3) in lieu of the Board of Reference procedure. Provided further that nothing shall affect the right of the employer to dismiss a job xxxxxxx without notice for misconduct or refusing duty.
LABOUR MANAGEMENT RELATIONS 9:01 No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. The Employer shall not meet with any employee or group of employees undertaking to represent the Union without the proper authorization of the Union. In representing an employee or group of employees, a representative of the Union shall be the spokesperson. In order that this may be carried out, the Union shall supply the Employer with the names of its Officers and representatives. Likewise the Employer shall supply the Union with a list of its Designated Authorities and Chairs where the Chair is not the Designated Authority. Neither the Union nor the Employer shall be required to recognize such representatives until written notification has been received.
9:02 The Union and the Employer acknowledge the mutual benefit of joint consultation and agree, therefore, that there shall be a joint labour/management committee consisting of three (3) representatives from and selected by each party. There shall be one (1) regularly scheduled Labour/Management Committee meeting in each four (4) month term or semester (January to April, May to August, September to December). In addition, meetings shall be arranged at the request of either party through the Labour Relations Department, by submitting in writing the topics to be discussed. Such meetings shall take place, at a mutually-agreeable time, within ten (10) working days of the receipt of the request for the meeting. Meetings shall not be used to discuss matters which are the subject of a grievance nor to discuss any matters which are, at the time, the subject of collective bargaining. The committee shall function in an advisory capacity only, making recommendations to the Union and/or the Employer with respect to its discussions and conclusions, and shall not have the power to add to or modify the terms of this agreement. A representative of each party shall be designated Co-Chairperson, and the two persons so designated shall alternate in presiding over meetings.
Labor Relations; Employees (a) Except as set forth on Section 5.15(a) of the Company Disclosure Letter, (i) neither the Company nor any of its Subsidiaries is a party to or bound by any collective bargaining agreement or any similar agreement, (ii) no such agreement is being negotiated by the Company or any of the Company’s Subsidiaries, and (iii) no labor union or any other employee representative body has requested or, to the knowledge of the Company, has sought to represent any of the employees of the Company or its Subsidiaries in the past three (3) years. In the past three (3) years, to the knowledge of the Company, there has been no labor organization activity involving any employees of the Company or any of its Subsidiaries and there has been no actual or, to the knowledge of the Company, threatened strike, slowdown, work stoppage, lockout or other labor dispute against or affecting the Company or any Subsidiary of the Company, in each case except as would not be or reasonably be expected to be, individually or in the aggregate, material to the business of the Company and its Subsidiaries, taken as a whole.
(b) Each of the Company and its Subsidiaries are, and have been for the past three (3) years, in compliance with all applicable Laws respecting labor and employment including, but not limited to, all Laws respecting terms and conditions of employment, health and safety, wages and hours, holiday pay and the calculation of holiday pay, working time, employee classification (with respect to both exempt vs. non-exempt status and employee vs. independent contractor and worker status), child labor, immigration, employment discrimination, disability rights or benefits, equal opportunity and equal pay, plant closures and layoffs, affirmative action, workers’ compensation, labor relations, employee leave issues, unemployment insurance and contributions required to be made with respect to any statutory plan, program, practice or arrangement that is required under applicable law and maintained by any Governmental Authority, except where the failure to comply would not be or reasonably be expected to be, individually or in the aggregate, material to the business of the Company and its Subsidiaries, taken as a whole.
(c) Except where it would not be or reasonably be expected to be, individually or in the aggregate, material to the business of the Company and its Subsidiaries, in the past three (3) years, the Company and its Subsidiaries have not received written (i) notice of any unfair labor practice charge or material complaint pending or threatened before any applicable Governmental Authority against them, (ii) notice of any complaints, grievances or arbitrations arising out of any collective bargaining agreement or any other material complaints, grievances or arbitration procedures against them, (iii) notice of any material charge or complaint with respect to or relating to them pending before any applicable Governmental Authority responsible for the prevention of unlawful employment practices, (iv) notice of the intent of any Governmental Authority responsible for the enforcement of labor, employment, wages and hours of work, child labor, immigration, or occupational safety and health Laws to conduct an investigation with respect to or relating to them or notice that such investigation is in progress, or (v) notice of any complaint, lawsuit or other proceeding pending or threatened in any forum by or on behalf of any present or former employee of such entities, any applicant for employment or classes of the foregoing alleging breach of any express or implied Contract of employment, any applicable Law governing employment or the termination thereof or other discriminatory, wrongful or tortious conduct in connection with the employment relationship.
(d) To the knowledge of the Company, no present or former employee, worker or independent contractor of the Company or any of the Company’s Subsidiaries’ is in material violation of (i) any restrictive covenant, nondisclosure obligation or fiduciary duty to the Company or any of the Company’s Subsidiaries or (ii) any restrictive covenant or nondisclosure obligation to a former employer or engager of any such individual relating to (A) the right of any such individual to work for or provide services to the Company or any of the Company’s Subsidiaries’ or (B) the knowledge or use of trade secrets or proprietary information, in each case except as would not be or reasonably be expected to be, individually or in the aggregate, material to the business of the Company and its Subsidiaries, taken as a whole.
(e) Neither the Company nor any of the Company’s Subsidiaries is party to a settlement agreement with a current or former officer, employee or independent contractor of the Company or any of the Company’s Subsidiaries that involves allegations relating to sexual harassment, sexual misconduct or discrimination by either (i) an officer of the Company or any of the Company’s Subsidiaries or (ii) an employee of the Company or any of the Company’s Subsidiaries at the level of Director (for the avoidance of doubt, such title does not refer to a member of the board of directors) or above. To the knowledge of the Company, in the last three (3) years, no allegations of sexual harassment, sexual misconduct or discrimination have been made against (i) an officer of the Company or any of the Company’s Subsidiaries or (ii) an employee of the Company or any of the Company’s Subsidiaries at the level of Director (for the avoidance of doubt, such title does not refer to a member of the board of directors) or above, in each case except as would not be or reasonably be expected to be, individually or in the aggregate, material to the Company and its Subsidiaries, taken as a whole.
EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:
(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;
(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.
