Common use of – TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER Clause in Contracts

– TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER. 1. In this Article transfer shall mean any sale, lease, transfer or any other transaction between the Company and any other entity, by virtue of which the control over any part of the Company’s business or assets becomes held by such other entity and the Company’s employees become employees of a new employer. 2. The Company recognizes the importance of securing for employees opportunity for continuing employment with the new employer and are committed to using its best efforts in securing such opportunity for employees with the new employer. 3. Prior to the new Company commencing operations, the Company and the new receiving company will define the scope of work, the job classifications involved and the staffing required for each job classification together with employee category. 4. When such information has been gathered, the PWU and the Company will meet to review the staffing requirements and confirm the full-time equivalents together with the affected job classifications. 5. Based upon the step outlined in paragraph 4 above and a current seniority list for the affected employees, an allocation will be made using the rule of “senior choice/junior force”. This joint allocation will determine the staffing complement and employees allocated to the new employer. 6. The PWU and the Company will, prior to a new employer commencing operations, ask those selected employees, employed at the Company, their intention to continue employment with the new employer. The Company and the PWU agree issues may arise with respect to employees who refuse ongoing employment opportunity with the new employer.

– TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER. 1. In this Article transfer shall mean any an y sale, lease, transfer or any other transaction between the Company and any other entity, by virtue of which the control over any part of the Company’s business bu siness or assets becomes held by such other entity and the Company’s employees become employees of a new employer. 2. The Company recognizes the importance of securing for employees opportunity for continuing employment with the new employer and are committed to using its best efforts in securing such opportunity o pportunity for employees with the new employer. 3. Prior to the new Company commencing operations, the Company and the new receiving company com pany will define the scope of work, the job classifications involved and the staffing required for each job classification together with employee category. 4. When such information has been gathered, the PWU and the Company will meet to review the staffing requirements requiremen ts and confirm the full-time equivalents together with the affected job classifications. 5. Based upon the step outlined in paragraph paragr aph 4 above and a current seniority list for the affected employees, an allocation will be made using the rule of “senior choice/junior force”. This joint allocation will determine the staffing complement and employees allocated allo cated to the new employer. 6. The PWU and the Company will, prior to a new employer commencing operations, ask those selected employeesemploy ees, employed at the Company, their intention to continue employment with the new employer. The Company and the PWU agree issues may arise with respect to employees who refuse ongoing employment opportunity with the new employer.