Successor Language. The City agrees to the following addition to the MOU:
Successor Language. As agreed at bargaining, the terms of (C) (1) above are the full and final agreement between the parties for all salary adjustments during the term of this agreement unless required by a specific provision of the contract (i.e. salary adjustment required by reclassification).
Successor Language. During the term of this Agreement, the Company shall not sell, lease, transfer, or assign the facility, or any part thereof, covered by this Agreement unless the Company includes as an express condition of such transaction that the acquiring entity (hereinafter the “Purchaser”) shall assume all the obligations of this Agreement until the expiration date; provided, however, that the Purchaser shall have the sole and exclusive right to make changes in the benefit programs required by this Agreement so long as such modified benefits continue to be substantially equivalent in the aggregate to those provided under this Agreement. So long as the Company complies with its obligations in the preceding sentence, it shall have no duty or obligation to bargain with the Union over the decision to engage in or effects of any such sale, lease, transfer, or assignment, and the Union hereby expressly waives any such bargaining obligation of the Company except for its right to information under the National Labor Relations Act. Notwithstanding the provisions of the paragraph above, the Company shall have no obligation to condition any sale, lease, transfer, or assignment of the facility upon the Purchaser’s assuming any obligations under the Agreement if (i) such sale, lease, transfer, or assignment occurs at least eight months after the Company has permanently discontinued its operation at the facility covered by this Agreement, (ii) no bargaining unit work has been performed since the discontinuance of operations other than tasks associated with the shutdown of operations, and (iii) the company has complied with its obligations arising under the National Labor Relations Act to bargain with the Union over the effects of such discontinuance. Nothing in this Section shall constitute a waiver of the Union’s right to claim that the Purchaser is a successor under labor law existing at the time of the sale.
Successor Language. In such case, if reasonably possible, the parties shall promptly meet to negotiate successor language which will affect the original intent of the parties.
Successor Language. In the event that the Employer sells, transfers, or assigns all or any part of its right, title, or interest in the operation covered by this Agreement or substantially all of the assets used in such operation, or in the event there is a change in the form of majority ownership of the Employer, the Employer shall give the Union reasonable advance notice thereof in writing, which shall be no less than thirty (30) days. The Union shall not be required to post a bond or other security as a condition to obtaining an injunction or other equitable relief against a violation or threatened violation of this Section.
