The Union and the Employer Sample Clauses

The Union and the Employer agree to establish a panel of 5 arbitrators for safety and health grievances. The arbitrator shall be selected in accordance with the provisions of Article 32, Section 2. However, the provisions of this Section are not intended to bring within the scope of arbitration those issues which are governed by meet and discuss provisions of Act 195.
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The Union and the Employer agree to abide by the Ontario Human Rights Code.
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The Union and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of organization, the number and distribution of employees at the work place and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/adjudication procedure.
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The Union and the Employer agree to the following treatment for the long-service employees whose positions have been evaluated at a lower relative level in the classification system implemented in 1978. (a) When an employee in an existing job classification believes that her/his position is incorrectly classified, he/she may submit in writing a request for review to her/his manager, with a copy to the Director of Human Resources. If the manager is in agreement with the employee’s request, he/she will submit the request to the Director of Human Resources within 10 working days. If the manager is not in agreement with the employee’s request, he/she will notify the employee in writing within five (5) working days. (b) A request for review shall include: (i) the employee’s full name, present classification and salary; (ii) the name of the department and/or section and location of work; (iii) a job description for the position to be reviewed; (iv) the reasons why the present classification is considered to be inappropriate, and the justification for the job classification which is considered to be correct; (v) a current organization chart, highlighting the position to be reviewed. (c) A request for review shall not be entertained on the grounds of the inadequacy of the pay scale assigned to the classification.
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The Union and the Employer acknowledge their obligations to accommodate certain individuals under the Human Code of Ontario and agrees that this Collective Agreement will be interpreted in such a way as to permit those obligations to be discharged. ARTICLE NO STRIKES OR In view of the orderly procedure established by the Agreement for the settling of disputes and the handling of grievances, the Union agrees that, during the lifetime of this Agreement, there will be no strike, and the Employer agrees that there will be no lockout. The words "strike" and "lockout" as used herein are agreed to have the meanings defined for these words in the present Ontario Labour Relations
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The Union and the Employer agree that it is the intention of the parties to resolve all disputes, alleged contractual violations and grievances in a timely manner. Accordingly, the Union and the Company agree to utilize and adhere to the guidelines set forth in Section 1(a) below for all dis- putes, alleged contractual violations and grievances, other than discharge and suspension grievances. Discharge and suspension grievances shall be processed in accordance with the procedures set forth in Article 28, Section 2 and shall be subject to the time limits set forth in Article 28, Section 2.
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The Union and the Employer recognize the right of the employee to work in an environment free from harassment.
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The Union and the Employer shall keep each other currently informed of their respective duly authorized representatives who handle each of the steps in the grievance procedure.
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Related to The Union and the Employer

  • INDEMNIFICATION BY THE COMPANY AND THE OPERATING PARTNERSHIP (a) The Company and the Operating Partnership, jointly and severally, shall indemnify and hold harmless the Advisor and its Affiliates, as well as their respective officers, directors, equity holders, members, partners, stockholders, other equity holders and employees (collectively, the “Indemnitees,” and each, an “Indemnitee”), from and against all losses, claims, damages, losses, joint or several, expenses (including reasonable attorneys’ fees and other legal fees and expenses), judgments, fines, settlements, and other amounts (collectively, “Losses,” and each, a “Loss”) arising in the performance of their duties hereunder, including reasonable attorneys’ fees, to the extent such Losses are not fully reimbursed by insurance, and to the extent that such indemnification would not be inconsistent with the laws of the State of New York, the Articles of Incorporation or the provisions of Section II.G of the NASAA REIT Guidelines. Notwithstanding the foregoing, the Company and the Operating Partnership shall not provide for indemnification of an Indemnitee for any Loss suffered by such Indemnitee, nor shall they provide that an Indemnitee be held harmless for any Loss suffered by the Company and the Operating Partnership, unless all the following conditions are met: (i) the Indemnitee has determined, in good faith, that the course of conduct that caused the loss or liability was in the best interest of the Company and the Operating Partnership; (ii) the Indemnitee was acting on behalf of, or performing services for, the Company or the Operating Partnership; (iii) such Loss was not the result of negligence or willful misconduct by the Indemnitee; and (iv) such indemnification or agreement to hold harmless is recoverable only out of the Company’s net assets and not from the Stockholders. (b) Notwithstanding the foregoing, an Indemnitee shall not be indemnified by the Company and the Operating Partnership for any Losses arising from or out of an alleged violation of federal or state securities laws by such Indemnitee unless one or more of the following conditions are met: (i) there has been a successful adjudication on the merits of each count involving alleged securities law violations as to the Indemnitee; (ii) such claims have been dismissed with prejudice on the merits by a court of competent jurisdiction as to the Indemnitee; or (iii) a court of competent jurisdiction approves a settlement of the claims against the Indemnitee and finds that indemnification of the settlement and the related costs should be made, and the court considering the request for indemnification has been advised of the position of the Securities and Exchange Commission and of the published position of any state securities regulatory authority in which securities of the Company or the Operating Partnership were offered or sold as to indemnification for violation of securities laws. (c) In addition, the advancement of the Company’s or the Operating Partnership’s funds to an Indemnitee for legal expenses and other costs incurred as a result of any legal action for which indemnification is being sought is permissible only if all the following conditions are satisfied: (i) the legal action relates to acts or omissions with respect to the performance of duties or services on behalf of the Company or the Operating Partnership; (ii) the legal action is initiated by a third party who is not a Stockholder or the legal action is initiated by a Stockholder acting in such Stockholder’s capacity as such and a court of competent jurisdiction specifically approves such advancement; and (iii) the Indemnitee undertakes to repay the advanced funds to the Company or the Operating Partnership, together with the applicable legal rate of interest thereon, in cases in which such Indemnitee is found not to be entitled to indemnification.

  • RECITALS OF THE COMPANY AND THE SUBSIDIARY GUARANTORS The Company has duly authorized the execution and delivery of this Indenture to provide for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (herein called the “Securities”), to be issued in one or more series as in this Indenture provided. The Company and the Subsidiary Guarantors are members of the same consolidated group of companies. The Subsidiary Guarantors will derive direct and indirect economic benefit from the issuance of the Securities. Accordingly, each Subsidiary Guarantor has duly authorized the execution and delivery of this Indenture to provide for its full, unconditional and joint and several guarantee of the Securities to the extent provided in or pursuant to this Indenture. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done.

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