Common use of WORKING CONDITIONS Clause in Contracts

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 3 contracts

Samples: Commercial Building Agreement, Commercial Building Agreement, Commercial Building Agreement

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WORKING CONDITIONS. 1. Any replacement Superintendent The Company will continue its present policy of cooperating with its employees so as to insure that reasonable rules and provisions are made for the safety and health of employees during the hours of their employment, and changes will be discussed with repre­sentatives of the Union prior to being put into effect. Employees will comply with established safety and health rules and provisions. Such rules and provisions shall receive the contract wage, except where it includes extra pay attributable apply uniformly to years of service, special competence or special consideration beyond job requirementsall employees affected. 2. The Superintendent In the interest of safety, at the request of the employee involved, an employee may be accompanied by his/her Xxxxxxx when called before a formal committee making an investigation of an accident. This shall not apply to inquiries made at the scene of an accident. 3. Regular employees shall not be required to: (a) renew cables on elevators to do their work outdoors during periods of continuous significant rain or build block or hollow tile walls, (b) run elevators except during relief periodsnow and exceptionally cold weather, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees cases of emergencies or less during in the daytime, exclusive performance of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the buildingessential duties. 4. There may The Company will furnish such tools, safety devices and other equipment as are presently being furnished. The Company will furnish such tools, safety devices, or other equipment for the sole use of an individual employee when it determines that this is required for protection of health, and the use of such equipment by the employee is not of limited or occasional character. Employees furnished tools, safety devices and other equipment shall be added held responsible for their return in good condition, allowing for ordinary wear and tear. The Company shall provide suitable and safe space for storing tools and equipment furnished to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinemployees. 5. When the Company requires an employee to be away from home overnight or longer, the Company shall provide necessary lodging and meals, and, if necessary, will advance the money therefore, and shall furnish his/her round-trip transportation plus travel time to and from his/her headquarters. The Arbitrator may consider exceptional cases in which employee shall have the Union claims that excessive work or opportunity to return to his/her headquarters on days off and holidays not worked on the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive workabove basis. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services Company agrees that it will not contract any work which is ordinarily and demand such employee’s reinstatement or severance pay, if anycustomarily done by its regular employees if, as the case may bea result thereof, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration it would become necessary to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to lay off or reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employmentany such employees. 7. This provision Supervisors shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number do work of employees and duties necessary and incident included in the bargaining unit except in emergencies. However, supervisors may assist employees, or substitute for such employees during temporary absences or inability for other reasons to the operationperform their work, maintenance and servicing so long as such substitution will not deprive qualified employees of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementemployment. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 2 contracts

Samples: Collective Bargaining Agreement (Nicor Inc), Collective Bargaining Agreement (Northern Illinois Gas Co /Il/ /New/)

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall 27.01 Relief Supervisors will be entitled to accrued vacation allowance unless two (2) consecutive days off that may fluctuate from week to week. Days off will be scheduled by management according to operational need. Retired On-Call Supervisors, On-Call Supervisors, and Probationary On-Call Supervisors, will be dispatched by dispatch rules, accepting days off as provided week to week, which may or may not be consecutive days off. In consideration of this dispatch benefit, the parties acknowledge that the MOU of the 20th day of June 1997 known as the “Morvan Agreement” shall be superseded by this Agreement to the extent any inconsistencies exist. 27.02 Employees shall end their assignment at the same terminal where they have given began their duties, and such terminal shall be designated by the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation unless mutually agreed between the Superintendent affected employee and the Employer. 8. No provision of 27.03 Terminal Supervisors shall be assigned for payroll purposes to a classification in this Agreement or the IBU Agreement as their regular classification and shall be so construed as paid at the specified rate for such classification for work performed therein and for paid time off to reduce which they are entitled under the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision provisions of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement 27.04 The procedures for administering overages and terms shortages in terminal working funds will be completed pursuant to Office of this articleFinancial Management (OFM) and WSDOT procedures now or hereinafter in effect. 27.05 Except in cases of emergencies, the terms Employer shall give two (2) weeks’ notice before instituting shift changes. 27.06 Only authorized accounting personnel of this article the Employer shall prevailbe allowed access to safes assigned to Terminal Supervisors. Lock combination numbers shall not be issued to any other person. 27.07 The Supervisor shall be present when an audit is made of their safe funds. A copy of the audit report shall remain in the safe for the Supervisor’s review.‌ 27.08 Terminal Supervisors who have completed ten (10) years of service as Supervisors of the WSDOT Ferries Division shall continue to receive the same rate of pay when employed in lower terminal classifications if the employee becomes disabled to the extent the employee might otherwise lose their job.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive A. No member of the Superintendent, Union shall suffer a reduction in wage rates or an increase in hours or reduced vacation time or split shift solely by the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII signing of this Agreement. B. The Employer will furnish and launder such store linen as it desires worn by its employees, except that when the em­ ployer supplies Dacron or similar type uniforms for female employees, they may be laundered by the employee. The Arbitrator Since this item of expense is intended to make the Employer’s service more attractive to customers, members agree to cooperate by present­ ing a neat, clean, business-like appearance while on duty in the stores. C. If a physical examination or health permit is required, only the expense of the examination or health permit shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and be borne by the Employer. 8. No provision D. When a higher classified employee is absent from his position for more than one (1) day and another employee per­ forms the job of this Agreement the higher classified employee, he shall be so construed as to reduce receive the wages or lower the appropriate rate of pay of the Superintendent or higher classification. E. A full time clerk who receives a pay rate which is higher than the pay rate provided in Exhibit “ A ” for his classification, who is promoted to lower or worsen a department head and subsequently demoted to his former classification shall receive the terms or conditions same pay rate differential which he previously received. X. The Employer agrees, in the event of a temporary trans­ fer at the Employer’s request, to reimburse the employee for increased transportation costs on the basis of eight (8tf) cents per mile, except, however, when an employee chooses public transportation, excluding taxicabs, he shall be reimbursed only for the actual cost of such increased transportation. G. Notices concerning Union business which have been ap­ proved by the Personnel Department will be posted in designated locations in the stores. H. First Aid Kits for each store and all tools of the Superintendent’s employment. This provision shall not trade will be construed as to in any way prevent the exercise furnished by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this AgreementEmployer. 9. Wherever I. The Employer shall have a conflict may exist between time clock in each store for the 2016 Commercial Building Agreement and terms purpose of this article, keeping record of all hours worked by the terms of this article shall prevailem­ ployees.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

WORKING CONDITIONS. SECTION 1. Any replacement Superintendent No employee shall receive the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required toto work with any special coatings unless all of the following conditions are met: (a) renew cables on elevators or build block or hollow tile walls,That the Employer fully informs the employee of the material involved and the dangers involved in dealing with such materials, the proper conditions under which it may be applied and the correct method of its application. (b) run elevators except during relief periodThe Employer is to furnish employees with all protective devices and clothing recommended by local health authorities or a reputable laboratory, lunch periodincluding outer garments, air respirators and emergencies hoods where indicated, protective creams, adequate water and except that in any building employing three or less employees during laundering of clothes used by the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do,employees. (c) do any xxxxxx work except That the Employer posts the area to be worked with signs indicating the hazards involved in a building employing three employees or less during the daytime, exclusive use of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed,materials. (d) perform That no employee shall be required to apply such materials unless all of the conditions for application recommended by the Health Department or a reputable laboratory are posted at the time of application. SECTION 2. Rollers can be used in all materials. SECTION 3. There shall be no limit on the length of spray extension poles. SECTION 4. Employees who report for work on a scaffold that is not directly over a roofat the time they are instructed by the Employer must be ready and able to work and shall be neat in appearance when reporting to work or no show up time will be allowed. SECTION 5. Journeyman Painters shall report to work with the usual tools of the trade-duster, setbackputty knife, broad knife, hammer, screw driver, pliers, clean white overalls and an extra pair of clean white overalls, caps and white shirts. SECTION 6. Paperhangers will supply their own hand tools, excluding table, trusses, and paste machine. SECTION 7. If an employee fails to report to work with the necessary tools or clothing, the Employer may buy such tools or clothing, present them to the employee, and deduct their cost from said employee's pay. SECTION 8. Employees required to unload trucks, secure equipment, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) take material inventory shall do any work that conflicts with State, Federal or Municipal lawsso prior to quitting time. 3SECTION 9. The Superintendent shall not No open materials to be penalized or discriminated against for attending arbitrationscarried by Journeyman in his own vehicle, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the buildingand no more than twenty (20) pounds at any one time. 4SECTION 10. There Employees are to be notified by Business Agent and Health and Welfare Trust that Employer has not paid into Trust Funds. If employees continue working for said Employer five (5) days after notification, said employees shall be subject to disciplinary action. SECTION 11. Any employee, who may be added discharged due to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases his activities in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII reporting violations of this Agreement. The Arbitrator , shall give due consideration within five (5) days appeal to the Superintendent’s management responsibilities Union, and to if, after investigation, said charges are substantiated by the need for cooperation between the Superintendent and Union, written charges shall immediately be preferred against the Employer. 8SECTION 12. No provision of this Agreement journeyman shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.take day work except those journeymen who are over sixty

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of serviceserv- ice, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief periodperi- od, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent he/she has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent he/she should continue to do work the Superintendent he/she has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized penal- ized or discriminated against for attending arbitrations, hearings or meetings, but this privilege priv- ilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s his/her additional compensation com- pensation distinguishes such employee him/her from other classes of workers on the premises, subject to the grievance and arbitration procedures provided provid- ed herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting paint- ing is required of the Superintendent and may relieve the Superintendent of, or require additional addi- tional compensation for, such excessive work. 6. No Superintendents Superintendent leaving their positions his/her posi- tion of their his/her own accord shall be entitled to accrued vacation allowance unless they have he/she has given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services servic- es and demand such employee’s his/her reinstatement to his/her job or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration con- sideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s his/her employment. This provision shall not be construed con- strued as to in any way prevent the exercise by the Employer of its his/her normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 2008 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 2 contracts

Samples: Commercial Building Agreement, Commercial Building Agreement

WORKING CONDITIONS. 123.01 New Employees shall be provided orientation during their first week on staff. Any replacement Superintendent The orientation shall receive include a copy of the contract wagejob description, except where it includes extra pay attributable familiarization with the goals of the Employer, the workplace, the clients, staff and programs, emergency procedures and any specialized information necessary for the performance of the job. Where applicable, Employees who will carry an active caseload, shall be given a general time table, including a plan for increasing caseload, and will be assigned work supervision during the adjustment period necessary to years of serviceprogress to a full caseload. This time table is subject to change by the Employer as required, special competence or special consideration beyond job requirementsand is given to the Employee for information purposes only. 223.02 Employees shall be given bi-annual performance evaluations for the purpose of recognizing accomplishments and identifying areas where improvement may be possible or desirable. An Employee shall have the right to a copy of her appraisal and shall have the right to have placed on her file a copy of her reply. 23.03 The Superintendent Employer shall continue to provide insurance to protect Employees from personal liability for injury to clients. 23.04 If an Employee is charged with an offence under the Criminal Code of Canada due to allegations concerning the Employee’s conduct during the performance of their duties, the Employer shall pay the reasonable legal fees for the Employee’s defence counsel on the condition that the Employee is found not guilty of any such offence. It is a further condition of payment that the Employee’s legal counsel is one whose law practice is primarily criminal defence. In the event the Employee chooses legal counsel whose principal area of practice is more than 150 kilometres of the Administrative offices of the Employer, the Employer will not be required to:responsible for any travel costs incurred by the Employee beyond 150 kilometres, regardless of the disposition of the charge(s). (a) renew cables on elevators 23.05 In the event that a pregnant Employee is assigned to a task requiring the performance of duties which may be hazardous to the pregnancy, in the written opinion of her medical doctor or build block or hollow tile walls, (b) run elevators except during relief periodnurse practitioner, lunch periodshe may request, and emergencies wherever possible will be granted, a transfer to an alternate task for the duration of her pregnancy provided she has the skills, ability and except that in any building employing three or less employees during qualifications to perform the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions 23.06 Where a particular job has been performed on a continuous basis for a period in excess of their own accord shall be entitled to accrued vacation allowance unless they eighteen (18) months and the position does not have given a permanent incumbent, the Employer at least thirty (30) days written termination notice. 7. The Union may question shall make both the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent position and the EmployerEmployee occupying the position permanent or terminate the position. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

WORKING CONDITIONS. Section 1. Any replacement Superintendent Overtime at the rate of time and one-half (1-1/2) shall be paid for all hours worked in excess of forty (40) hours per week. Overtime will be paid in accordance with the Fair Labor Standards Act. Section 2. Overtime will be assigned on a rotating basis by seniority beginning with the] most senior employee on the list. Such lists will be maintained and overtime assignments ! shall be made based on type of work requiring the overtime (e.g., bus driver, custodial, f etc.). The decision of whether to assign overtime is optional with the Employer. Thef Employer specifically reserves the right, under exceptional circumstances, to assign non-J bus driver employees to drive District owned vehicles which only require the operator to | have a normal operator’s license. I Section 3. Except as provided below, employees who work five (5) hours or more per day, shall receive a thirty (30) minute, duty free, unpaid lunch break, which, with the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive approval of the Superintendent, the Superintendent may be taken in such buildings two, fifteen minute increments. Employees assigned to eat lunch with students shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less be paid for their lunch time. No other regularly scheduled breaks shall be taken during the daytimework day, exclusive unless granted at the discretion of the Superintendent. An uninterrupted half-hour lunch period shall be provided for employees covered by this Agreement. It is understood that should operational needs impact on the half-hour lunch period, in which case compensation time consideration will be worked out with the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold employee’s supervisor that is not directly over a roof, setback, or within mutually convenient time for both the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsemployee and supervisor. 3Section 4. The School Nurse shall be provided with a paid half-hour lunch daily, effective May 20,1992, and thereafter. / Section 5. For those Unit members employed by the District as of July 1, 1988, the workweek shall be Monday - Friday, unless the employee agrees to take a position involving some other type of scheduled workweek (e.g., Wednesday - Sunday). Section 6. Out-of-Title Work The Superintendent shall not be penalized have the authority to assign unit members to perform duties beyond or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with outside the orderly operation scope of the building. 4their job descriptions. There may be added According to the terms of this provision, employees assigned to perform duties of beyond the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions scope of their own accord job description shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower receive the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident that applies to the operationtype of work they are performing. If the rate of pay for the other work is higher than their normal hourly rate, maintenance and servicing then such payment for the out of title work shall commence immediately upon the building not inconsistent with the letter or the spirit commencement of any other specific provision of this Agreementsuch work, provided it is for a full day. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Memorandum of Agreement (Moa)

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable to years of serviceserv- ice, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees employ- ees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent he/she has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent he/she should continue to do work the Superintendent he/she has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the buildingbuild- ing, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrationsarbitra- tions, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s his/her additional compensation com- pensation distinguishes such employee him/her from other classes of workers on the premises, subject to the grievance and arbitration procedures provided provid- ed herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting paint- ing is required of the Superintendent and may relieve the Superintendent of, or require additional addi- tional compensation for, such excessive work. 6. No Superintendents Superintendent leaving their positions his/her position of their his/her own accord shall be entitled to accrued vacation allowance unless they have he/she has given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s his/her reinstatement to his/her job or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration con- sideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s his/her employment. This provision shall not be construed con- strued as to in any way prevent the exercise by the Employer of its his/her normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 2005 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Commercial Building Agreement

WORKING CONDITIONS. 1Section 1 The Employers shall provide for the exclusive use of the Plasterers on each job on which they are doing work, a suitable gang box, for tools and clothing. Any replacement Superintendent shall receive the contract wage, except where it includes extra pay attributable The Plasterers are allowed to years of service, special competence or special consideration beyond job requirementshave coffee during working hours. 2Section 2 The Employer, Plasterers or the agents of either shall not accept or give directly or indirectly, any rebate on wages, or give or accept gratuities, or give anything of value or extend any favor to any person for the purpose of effecting any change in rate of wages. The Superintendent Employers or their representatives shall not be required to:permitted to give any advance in wages to Plasterers, nor shall they be permitted to lend money to Plasterers. (a) renew cables Each Employer shall make reasonable provision for the safety and health of his employees and no employee or employees shall be permitted to work on elevators any scaffold whether inside or build block or hollow tile walls,outside unless said scaffold is erected in accordance with the State regulations governing same. (b) run elevators except during relief period, lunch period, and emergencies and except that Scaffolds shall not be erected or removed if it is hazardous to the Plasterers working in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do,immediate area. (c) do any xxxxxx work except in When plastering walls eight and one half (8 ½) feet and under, benches may be used. A step or a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed,plank run shall be provided. (d) perform work No plastering shall be started on a scaffold that any building over six (6) stories in height unless elevator service is not directly over a roof, setback, or within the building,in operation to carry employees to and from work. (e) perform work No plastering shall be done unless temporary heat is available whenever the weather is cold. Section 4 No provision of this Trade Agreement shall supersede any Municipal, State or Federal law which imposes more stringent requirements as to wages, hours of work, or as to safety, sanitary or general working conditions than are imposed by this Trade Agreement. Section 5 On all jobs where Plasterers are working, the following practices are to be followed, wherever and whenever practical. (a) The mortarboard shall be raised at least ten (10) inches from the scaffold. When practical the mortarboards are to be placed on barrels or stands. (b) All permanent plain moldings shall be run in place or on a bench on the inside job except as defined in subsections (g), (h), (i), and (1) of this Section. All staffwork of composition shall be made and installed by Plasterers. Materials known as compo shall be made and installed by Plasterers. All GFRI, FRG, GRG or any fuel oilsubstitutes for ornamental plaster shall be installed and pointed by plasterers. (c) All coves and bullnoses shall be run with a mould on strips over screeds. All arises when in plaster must be run with a mould or formed with strips. (d) When two-coat work is specified, pressure or hermetically sealed tank,the same shall be known as xxxxx coat and finish coat. The xxxxx coat must be thoroughly set before the finish coat is applied. (e) When three-coat work is specified, the same shall be known as scratch coat, xxxxx coat and finish coat. The scratch coat shall stand at least six (6) hours, and shall be thoroughly set before the xxxxx coat is applied, but this shall not apply on minor alterations. The xxxxx coat must be thoroughly set before the finish coat is applied. (f) build cutting tablesWhen the xxxxx coat is used as a finish coat it shall be straight and true and floated or otherwise finished according to the texture desired, machine stands or dress racks, orand shall be left in a workmanlike manner. (g) do any work All xxxxxxxx shall be done in a thorough workmanlike manner and it is understood and agreed that conflicts with Stateall xxxxxxxx on walls, Federal or Municipal lawscolumns, pilasters and partitions shall be screeded and rodded to a straight and true surface before the finish coat is applied. 3. The Superintendent (h) Where interior concrete surfaces are required to be plastered, the first or bonding coat shall not be penalized or discriminated against especially prepared for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the buildingpurpose. 4. There may (i) All concrete ceilings shall be added to the duties of the Superintendent more or less miscellaneous screeded and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premisesbrowned in a workmanlike manner, subject to the grievance except when bonding agent and arbitration procedures provided hereinfinish coat only are specified. 5. The Arbitrator may consider exceptional cases in which (j) When the Union claims that excessive work or the utilization of unique skills or painting finish coat is required of the Superintendent applied it shall be trowelled to a smooth surface free from cat faces, blockheads, blisters, etc., and may relieve the Superintendent of, or require additional compensation for, such excessive workall angles and surfaces must be left straight and true. 6. No Superintendents leaving their positions of their own accord (k) All acoustic plaster shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination noticeapplied and finished in a workmanlike manner. 7. The Union may question the propriety of the termination of the Superintendent’s services (1) All partitions for terrazzo, mosaic or ceramic tile on walls and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement ceilings shall be so construed as scratched and browned and brought to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees a straight and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementtrue surface. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Trade Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive a) The Employer agrees to maintain good working and health conditions in the contract wageemployees working areas, except where it includes extra pay attributable at all times, b) The Employer agrees to years of service, special competence or special consideration beyond job requirementshave a monthly meeting with the permanent employees to discuss working and health conditions. 2. The Superintendent c) Employees shall not be asked nor required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief personal work for which the Superintendent’s additional compensation distinguishes such employee from other classes Representatives of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by d) Changes/renovations: Where the Employer plans renovations or alterations to the work area of its normal management prerogatives an employee, the Employer agrees to make take the employees into consideration and discuss such plan and changes in prior to such alterations or renovations taking place. e) Technological updating: Where new or additional computer equipment, schedulesor programs are to be operated, shiftsthe Employer agrees to train employees for such equipment or programs and to give the employees sufficient notice that they would be required to undertake the training, number and: i) Allow employees the necessary time required to complete such course(s). ii) To maintain an employee's wages and benefits during the period of employees training, to pay for all direct costs incurred for such training, i.e., tuition fees, books and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementnecessary material required for training. 9. Wherever iii) In the event that the employee is unable to meet a conflict reasonable standard of proficiency after the initial training, they will be entitled to take the course(s) a second time. iv) If the employee is still unable to reach a reasonable standard of proficiency the Employer may exist between replace such employee by hiring a new employee who has the 2016 Commercial Building Agreement skills, competency and terms of this article, efficiency to perform these duties. v) If an employee has to be replaced under the terms of Article 9(e) the Employer will pay the replaced employee two (2) weeks wages at the basic hourly wage rate for each year of service. f) Employees have the right to refuse any unsafe work: i) Employees will report the unsafe condition to the immediate Office Supervisor, ii) If unresolved, the Unifor Local 2301 H&S Rep will be required to determine the validity of the refusal and recommend solutions, iii) If unresolved after this article shall prevailprocess, the Industrial Health & Safety Regulations will take effect.

Appears in 1 contract

Samples: Collective Agreement

WORKING CONDITIONS. 1A. Union Shop Cards maybe displayed in markets which em­ ploy members of the Union. The Local Union Secretary-Treasurer or his authorized agent has the full power to remove said card upon violation of any part of this Contract. Cards will be dis­ played in a conspicuous place. B. The Business Agent of this Union shall be admitted at all rea­ sonable times to the working room or rooms and interview the employees covered by this Contract while on duty. C. As the employees engaged under this Contract may be mem­ bers of the United Food and Commercial Workers International Union, nothing in this Contract shall be construed as to interfere with any lawful obligation which they may owe the United Food and Commercial Workers International Union as members thereof. D. The Union agrees to cooperate in correcting inefficiency of employees which might otherwise necessitate discharge. E. The Employer agrees not to enter into any agreement or un­ derstanding with any employee covered by this Contract, indivi­ dually or collectively, which in any way conflicts with the terms of this Contract. F. The Employer shall furnish all necessary tools of the trade, laundry and/or uniforms when required, provided, however, the Employer may furnish to the female employees dacron uniforms or similar type uniforms. The employees who are furnished such uniforms shall be responsible in the event of loss of these uni­ forms and such uniforms shall be laundered bv the employee. G. The Employer will provide a bulletin board or other suitable place in a location selected by the Employer. The Union may post notices necessary for conducting Union business on such boards or other suitable space. H. Contributions to charitable causes shall not be compulsory. I. The Employer agrees to furnish and maintain a first aid kit in a designated place and to check said kit monthly to replenish any needed supplies. X. Xxxxxxxx agrees to provide guards on grinders and cube ma­ chines. No employee shall use a grinder without the guard on the mill or use the cube machine with the lid or guard up. Any replacement Superintendent em­ ployee using the above equipment without the safety guards shall receive the contract wagebe subject to discipline, except where it includes extra pay attributable including discharge, without recourse to years of service, special competence or special consideration beyond job requirementsarbitration. 2. The Superintendent K. No employee will be required to report for work until said employee has had a minimum of ten (10) hours off duty. L. Employees shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in take a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawspolygraph test. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wageThe Town of Portsmouth agrees that, except where in cases of emergency, it includes extra pay attributable will not institute any significant change in the regular working conditions of employees covered by this Agreement without prior consultation concerning said change with Local 1949; it being understood, however, that in the event a question arises as to years whether or not a working condition has been changed, the employees will carry out the orders of servicethe Officer in Charge pending the resolution of the question in accordance with the procedure set forth in ARTICLE XXVIII. In case any rule, special competence regulation, order or special consideration beyond job requirements. 2other directive by whatever name the same may be called, requires any employee covered by this Agreement to have, acquire or maintain any equipment, apparatus or device other than a telephone, the Town may be responsible for the purchase and maintenance of such equipment. The Superintendent Town and the Union shall cooperate in formulating a physical enhancement program, designed to improve the physical condition of the employee. To this end a committee shall be formed comprised of an equal number of representatives of the Town and the Union, with the charge of formulating a program for employees of the Fire Department. Such program shall not be mandatory on any employee. The Town and the Union will encourage all employees to participate in the program. The unlawful manufacturing, distribution, dispensation, possession, or use of a controlled substance by a member of the Portsmouth Fire Department while on duty, or the failure of the employee to notify the employer of his/her criminal drug statute conviction for a violation occurring while on duty within five (5) days of such conviction, is prohibited. Effective July 1, 2010, all employees of the Fire Department shall be required to: (a) renew cables on elevators to possess and maintain a valid E.M.T. - Basic Certificate, as a condition of continued employment. All employees hired after July 1, 2010, must maintain, at a minimum, a RI E.M.T. Cardiac Certification as a condition of employment. The Town shall provide or build block or hollow tile walls, (b) run elevators except during relief periodpay for E.M.T. Paramedic recertification classes, lunch periodwhen needed, and emergencies and except that in any building employing three or less employees during the daytime, exclusive will provide administrative leave to attend classes which conflict with duty schedules. The Town shall provide E.M.T. Recertification classes for all members of the SuperintendentFire Department, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed up to do, (c) do any xxxxxx work except in E.M.T Cardiac level, when needed. These classes will be conducted on a building employing three employees or less during the daytime, exclusive per shift basis while on duty. Any member of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work Department who misses a scheduled class on a scaffold that his shift is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives responsible to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.up this

Appears in 1 contract

Samples: Collective Bargaining Agreement

WORKING CONDITIONS. 1A. The District recognizes the need for and agrees to make reasonable provisions for texts and resource materials, computers, laboratory and audiovisual equipment, standard tests and questionnaires, art and athletic supplies and equipment, current periodicals, and other similar teaching and service delivery tools, and agrees to solicit input from impacted members, when possible, in the purchase and use of such material. Any replacement Superintendent Members shall receive be provided the contract wageequipment necessary to perform their job duties, except where it includes extra pay attributable as determined by the District. The above items shall be made reasonably available to years of service, special competence or special consideration beyond job requirementsall members. 2. B. The Superintendent District shall provide for reimbursing members for out-of-pocket job-related expenses in acquiring material not in immediate stock of the District and approved, in advance by a member’s immediate supervisor. C. Members’ attendance at their work sites when children are to be excused from attendance shall be governed by the host district or institution policy; however, a member shall not be required to: (a) renew cables on elevators to work more than the number of contracted days specified nor shall the District pay for more or build block or hollow tile walls, (b) run elevators except during relief periodthe member work less than the specified number of contracted days. If due to such closure the number of school days falls below the minimum required by an Oregon Administrative Rule for State funding support, lunch period, and emergencies and except that in any building employing three or less employees during sufficient school days to meet the daytime, exclusive minimum requirement will be made up at the end of the Superintendent, school year at no additional cost to the Superintendent in such buildings shall do all the duties which the Superintendent District for members’ salaries. D. Hazardous Work 1. Whenever a Member believes he/she has heretofore been accustomed instructed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on under hazardous conditions, such person shall have the right to discuss his/her concerns with the supervisor. After such a scaffold meeting, if the Member still contends the job to be performed is hazardous, he/she shall immediately notify the safety officer regarding the situation. The safety officer will make a determination regarding the Member’s contention and make a ruling 2. In the event the Member becomes aware of an unsafe condition and is conscious that it is not directly over a roofunsafe, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawshe/she shall notify his/her immediate supervisor promptly. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as District will attempt to interfere with keep Members informed of determinations made by the orderly operation of the buildingDistrict regarding Members’ safety concerns. 4. There may Unit members shall be added instructed as to the duties of the Superintendent more prevention and protection from diseases, illness or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinhazards. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent ofThere shall be no reprisals, restraints, interference, coercion, or require additional compensation for, such excessive workdiscrimination against an employee for filing a report of an unsafe or unhealthy condition. 6. No Superintendents leaving their positions At the request of their own accord shall be entitled the Association, the District agrees to accrued vacation allowance unless they share with the Association readily available information related to the health and safety of Association members (including, but not limited to: accident and injury statistics, reports on workplace accidents, environmental test results, and citations from Oregon OSHA or other government agencies, and medical information on individual members who have given authorized such release to the Employer at least thirty (30) days written termination noticeAssociation). 7. The Union If a Member believes a danger that threatens physical harm, or if an “imminent danger” hazard exists, the Member shall not be required to perform the work in question at the site in question and may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of reassigned until the Superintendent or to lower or worsen designee has made a determination. The Member may contact the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this AgreementSafety Officer directly under these circumstances. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wageA. Physical Breakdown and/or Climatic Conditions At any time, except where it includes extra pay attributable in any building, if students are not required to years be present because of servicephysical breakdown and/or climatic conditions, special competence or special consideration beyond job requirements. 2. The Superintendent secretaries shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3be present. The Superintendent During special dismissals for storm watches secretaries shall not be penalized or discriminated against permitted to leave the building until students have been dismissed and have boarded buses. Any employee, who is required to work beyond their regularly scheduled year due to rescheduled days, will be paid for attending arbitrations, hearings or meetings, but this privilege those additional days at their current rate of pay. B. Members shall not have to make up the hours served on jury duty or when subpoenaed for court appearance. The difference between payment by the court and regular salary shall be construed so as to interfere with paid by the orderly operation Board. C. All members of the building. 4JCSSA shall be included in the Board's policy for Worker's Compensation. There may be added to If the duties employee received Worker's Compensation during an absence from the regular assignment, the amount of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord Worker's Compensation shall be entitled to accrued vacation allowance unless they have given deducted from salary due under the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision sick leave clause of this Agreement until the applicable sick leave or Worker's Compensation is exhausted. D. The primary responsibility of a secretary is to his/her immediate supervisor. Requests from other supervisors shall not take priority over existing assignments. Teachers who are paid for an extra duty assignment, such as A.V. and Athletics shall not pass those duties to secretaries other than secretaries so assigned. E. Part-time personnel will be hired by the Board to assist secretaries in their assignment of checking in and distributing teaching supplies prior to the opening of a school year. F. Each secretary shall be so construed as to reduce granted one (1) break in the wages or lower a.m. and one (1) in the rate p.m. of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employmenteach work day. This provision Each break shall not exceed fifteen (15) minutes or may be construed scheduled differently to care for the work load or daily schedule problems. X. Absent secretaries will be replaced by substitute secretaries, if needed, as to in any way prevent the exercise determined by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementprincipal. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent The Employer and the employees shall receive cooperate in a mutual effort to provide working conditions that are safe, healthy, clean and have adequate heat, light and ventilation. In furtherance of this goal, the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements. 2. The Superintendent shall not be required Employer agrees to: (a) renew cables on elevators or build block or hollow tile walls,designate a management employee to be in charge of the maintenance and grounds of each building managed by LAS; and (b) run elevators except during relief period, lunch periodform a Health and Safety Committee with the Union within one month of the signing of this Agreement. The composition of this Committee shall be three Union members appointed by the Union and the management-designated maintenance and groundsperson(s). The Committee shall be charged with discussing and making recommendations regarding the maintenance and upkeep of, and emergencies and except that in capital improvements on, any building employing three office which LAS manages. The Committee shall meet on a semiannual basis or less employees during at reasonable times at the daytime, exclusive request of the SuperintendentUnion, the Superintendent in such buildings first meeting shall do all occur within 30 days of the duties which the Superintendent has heretofore been accustomed to do,adoption of this contract and at six month intervals thereafter. (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive include at least one member of the SuperintendentHealth and Safety Committee on any committee which s/he forms to investigate, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setbackrent, or within purchase any additional or new office space. 2. The Employer shall be responsible for ensuring that the building, (e) perform work on workplace is cleaned regularly. The Employer shall also ensure that the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawsworkplace is painted and the carpets steam cleaned when in the Employer's judgment it is needed and affordable. 3. The Superintendent employees shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with cooperate in maintaining the orderly operation of the buildingfacilities in a clean and proper manner. 4. There may The Employer shall provide each employee with a permanent work station. An employee's work station shall not be added changed unless necessary, in the judgment of the Executive Director, and only after prior notice to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinaffected employee(s). 5. The Arbitrator may consider exceptional cases in which Whenever the Union claims that excessive work Employer proposes to paint, exterminate, repair or remodel the utilization of unique skills or painting is required premises, the Employer shall give each employee 3 days' written notice of the Superintendent and may relieve action unless an emergency exists. In emergency situations as determined by the Superintendent ofExecutive Director, or require additional compensation for, such excessive workthe Employer shall give as much advance notice as possible. 6. No Superintendents leaving their positions of their own accord There shall be entitled no smoking within any LAS office, including common areas. An employee who violates this paragraph may be subject to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination noticediscipline. 7. The Union may question the propriety Employer shall post conspicuous notices of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the EmployerSociety's no smoking policy. 8. No provision of this Agreement The Employer shall be so construed as to reduce close the wages or lower office when the rate of pay failure of the Superintendent heating and/or cooling system or to lower or worsen the terms or other conditions of the Superintendent’s employment. This provision shall not be construed as an office make working conditions intolerable or a threat to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees health and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementsafety. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

WORKING CONDITIONS. Section A - POSTING OF SCHEDULE Section A- l Sunday work will be scheduled at least one (1) week in advance. Section A-2 - ADDITIONAL HOURS When additional hours (which are not on the posted schedule) become necessary, the store's most senior employee shall be offered the additional hours, provided such employee has the ability to perform the required work. If the most senior employee is already at work, when the additional hours become necessary and is scheduled less than eight (8) hours that day, such employee shall be offered the additional hours. If the most senior employee is not at work when the additional hours become necessary and a minimum of four (4) additional hours is required, such employee shall be offered the additional hours. If schedules of other employees necessitates changing because of the above process, such employee shall be offered, by seniority, the additional hours to the extent that their hours would be increased. The purpose of this process is to insure that the more senior employee(s) obtain the maximum number of additional hours within their ability to perform the required work. Section A-3 - REPLACEMENT HOURS When hours (which are on the posted schedule) become available due to absenteeism of the scheduled employee(s) and the Employer elects to replace some or all of the vacated hours, the Employer will first offer, by seniority, to increase the hours of employee(s) already on the schedule for that day. If hours are still needed, the store's most senior employee(s) not scheduled or working that day shall be called and offered, by seniority, the necessary replace­ ment hours, provided such employee has the ability to perform the required work, and provided the employee(s) can be contacted at the time the phone call is made. Section A-4 - TWENTY-FOUR HOURS ADVANCE NOTICE OF ABSENTEEISM If the Employer has twenty-four (24) hours advance notice of absenteeism, the hours shall be assigned as set forth in Article VIII, Section A-2 above. Section A-5 - PROCEDURE FOR CALL-INS OF REPLACEMENT HOURS The Employer will have such call-ins made at the Employer's direction in the following sequence: 1. Any replacement Superintendent shall receive the contract wageThe Union Xxxxxxx, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirementsif on duty. 2. The Superintendent shall Head Cashier, if on duty. 3. A member of the bargaining unit. Section A-6 Such additional or replacement hours will not be required to:when such hours would necessitate the payment of daily or weekly overtime. Section A-7 - EMPLOYEES WORKING IN MORE THAN ONE (1) STORE Employees will not be permitted or scheduled to work in more than one (1) store per week, unless a vacancy is created by absenteeism and where the Employer cannot fill the vacancy under Article VIII, Section A-2 and A-3. Section B - BASIC WORK WEEK 0 The basic work week shall be forty (a40) renew cables on elevators hours, Monday through Saturday, to be worked in five (S) days or build block or hollow tile walls,less. (b) run elevators except during relief period, lunch period, and emergencies and except that Section C - WEEKLY OVERTIME All time worked in any building employing three or less employees during the daytime, exclusive excess of the Superintendentwork week as specified in Paragraph "B" above shall be paid for at time and one-half (14) the regular rates. Section D - DAILY OVERTIME All work in excess of eight (8) hours per day shall be paid for at time and one-half (1>j) the regular hourly rates except for night stock employees who have mutually agreed in writing with the Employer to work a weekly schedule of four (4) ten (10)hour days. In such event all time worked in excess of ten (10) hours per day shall be paid for at time and one-half (l5*) the regular hourly rate. Section E - SCHEDULE OF OVERTIME Scheduled overtime shall be offered by seniority within each classification in each store. Daily overtime not previously scheduled shall be offered by seniority within the classification and the ability to perform the work in the store among employees present when the need for overtime arises. Section F - 6TH DAY OVERTIME Any employee called into work the sixth (6th) day of any one (1) work week shall be paid at the rate of time and one-half (l*j) the regular hourly rate for all hours worked on the sixth (6th) day. For pay purposes, the Superintendent sixth (6th) day shall be the employee's normally scheduled day off, unless the employee is scheduled to work six (6) days in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, one (c1) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendentweek, in which case it shall be the Superintendent should continue to do work the Superintendent has heretofore performed, sixth (d6th) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases day in which the Union claims work is performed by that excessive work or the utilization of unique skills or painting is employee. Section F-l No employee will be required of the Superintendent and may relieve the Superintendent of, or require additional to accept time off as compensation for, such excessive workfor overtime. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent a. An employee required to use his/her private vehicle for Authority business shall receive be reimbursed at the contract wage, except where it includes extra pay attributable to years of service, special competence or special consideration beyond job requirements.current rate recognized by the I.R.S. 2. The Superintendent shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except b. Authority agrees that in any building employing three or less employees during the daytimeterm of this agreement, exclusive a minimum emergency response force of the Superintendentnine (9) Firefighter/Engineers, the Superintendent in such buildings shall do all the duties Captains, and/or Battalion Chiefs of which the Superintendent has heretofore been accustomed to do, two (c2) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not must be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not Captains will be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premisesmaintained, subject to the grievance following conditions and arbitration procedures provided hereinlimitations: 1) Twenty-four (24) hour shift employees assigned to inspection, training, maintenance or other duty to be counted as within emergency response force. 2) Regular shift assignments to be supplemented by overtime, trained volunteers or management employees, as needed, in that order of availability. 3) No engine company to consist of fewer than, and no station to operate with 2015-16 Firefighter Mou redline w exhibits.doc2015-16 Firefi1gh2ter Mou redline w exhibits2015-16 Firefighter Mou redline w less than two (2) Captains, Battalion Chiefs and/or Firefighters. 4) The minimum standard may be waived by the Chief in the event of multiple work-connected injuries, prolonged mutual aid response to another jurisdic- tion, similar major emergency, or combination of such factors. 5. ) At all times there must be a Chief Officer or acting Battalion Chief on duty or available. c. There shall be a required mess in accordance with the policy statement appended hereto as Exhibit “E”. d. Association members shall not engage in a business or calling while off-duty on sick leave with pay or disability leave with pay that would aggravate the injury, prolong the time required to be off duty, or exceed the number of hours being worked before the injury. e. There is a restricted duty policy in accordance with the policy statement appended hereto as Exhibit “F”. f. The Arbitrator may consider exceptional cases in which Xxxx Valley Fire Department and the Union claims Association agree that excessive work or the utilization of unique skills or painting is required Sections 815.2 and 825 of the Superintendent Government Code of the State of California are applicable to legal actions arising out of the use of defibrillation equipment, so long as the employee was acting within the course and may relieve scope of his/her employment, further, the Superintendent of, or require additional compensation for, such excessive workparties understand and agree that the voice tapes associated with the Cardiac Defibrillators are used for quality control purposes only. 6. No Superintendents leaving their positions of their own accord shall be entitled g. The Authority agrees to accrued vacation allowance unless they have given provide for all employees subject to this agreement the Employer at least thirty (30) days written termination noticeIRS Section 125 benefit. 7. h. The Union may question the propriety of the termination of the Superintendent’s services Drug and demand such employee’s reinstatement or severance pay, if any, Alcohol testing policy and procedure is appended hereto as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the EmployerExhibit “G”. 8. No provision i. The Association agrees that EMT 1 Certification is a condition of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees employment for Captain and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this AgreementFirefighter/Engineer. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Memorandum of Understanding

WORKING CONDITIONS. 1A. Union Shop Cards maybe displayed in markets which em­ ploy members of the Union. The Local Union Secretary-Treasurer or his authorized agent has the full power to remove said card upon violation of any part of this Contract. Cards will be dis­ played in a conspicuous place. B. The Business Agent of this Union shall be admitted at all rea­ sonable times to the working room or rooms and interview the employees covered by this Contract while on duty. C. As the employees engaged under this Contract may be mem­ bers of the United Food and Commercial Workers International Union, nothing in this Contract shall be construed as to interfere with any lawful obligation which they may owe the United Food and Commercial Workers International Union as members thereof. D. The Union agrees to cooperate in correcting inefficiency of employees which might otherwise necessitate discharge. E. The Employer agrees not to enter into any agreement or un­ derstanding with any employee covered by this Contract, indivi­ dually or collectively, which in any way conflicts with the terms of this Contract. F. The Employer shall furnish all necessary tools of the trade, laundry and/or uniforms when required, provided, however, the Employer may furnish to the female employees dacron uniforms or similar type uniforms. The employees who are furnished such uniforms shall be responsible in the event of loss of these uni­ forms and such uniforms shall be laundered bv the employee. G. The Employer will provide a bulletin board or other suitable place in a location selected by the Employer. The Union may post notices necessary for conducting Union business on such boards or other suitable space. H. Contributions to charitable causes shall not be compulsory. I. The Employer agrees to furnish and maintain a first aid kit in a designated place and to check said kit monthly to replenish any needed supplies. J. Employer agrees to provide guards on grinders and cube ma­ chines. No employee shall use a grinder without the guard on the mill or use the cube machine with the lid or guard up. Any replacement Superintendent em­ ployee using the above equipment without the safety guards shall receive the contract wagebe subject to discipline, except where it includes extra pay attributable including discharge, without recourse to years of service, special competence or special consideration beyond job requirementsarbitration. 2. The Superintendent K. No employee will be required to report for work until said employee has had a minimum of ten (10) hours off duty. L. Employees shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in take a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawspolygraph test. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision of this Agreement shall be so construed as to reduce the wages or lower the rate of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreement. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Retail Meat Contract

WORKING CONDITIONS. 1. Any replacement Superintendent ‌ A. The State Bar shall receive comply with all applicable local, state and federal laws regarding the contract wage, except where it includes extra pay attributable to years health and safety of service, special competence or special consideration beyond job requirementsEmployees. 2B. The State Bar agrees that work assignments and the distribution of work insofar as practical will not be made in an inequitable and unreasonable manner. The Superintendent shall Union agrees that work assignments and the distribution of work are solely the State Bar’s prerogative and not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinprocedure. 5. The Arbitrator may consider exceptional cases in which C. In the Union claims event that excessive an Employee believes their work assignment(s) to be inequitable or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration unreasonable because access to the Superintendent’s management responsibilities grievance procedure is not permitted under the MOU, the Employee may discuss the matter with their immediate supervisor or first level manager. If the concern has not been resolved in a timely manner and to the need for cooperation between Employee’s satisfaction, the Superintendent matter may be raised with higher management including their Office Director or the Chief Administrative Officer. The Employee will have the right to Union representation during any of the above discussions. This procedure is intended to be informal. Therefore, there is no requirement to reduce complaints or responses to writing, and the EmployerEmployee or the Employee’s supervisor or first level manager may skip steps in the above procedure. 81. No provision The State Bar and the Union shall create a joint Union General Bargaining Unit/State Bar Work Assignment’s Task Force composed of eight (8) members. The State Bar shall appoint four (4) members and the Union shall appoint four (4) members. The goal of this Agreement shall Task Force will be so construed to establish “yardsticks” to measure workloads/assignments. These yardsticks will consider both quantifiable measures such as the number of assigned cases or the number of unfilled positions in a work unit, as well as less measurable areas such as the difficulty of certain types of cases/assignments. It is the intention to reduce develop a recognized maximum expectation for workloads/assignments to relieve Employees of concerns of unreasonable discipline or denial of time off. Yardsticks are not to be used as productivity measures. D. The delivery of State Bar services in an efficient, effective and courteous manner is of importance to the wages or lower the rate of pay State Bar and its Employees. Such achievement is recognized to be a mutual obligation of the Superintendent or to lower or worsen Union and the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees State Bar within their respective roles and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementresponsibilities. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: General Unit Memorandum of Understanding

WORKING CONDITIONS. 1. Any replacement Superintendent A. The State Bar shall receive comply with all applicable local, state and federal laws regarding the contract wage, except where it includes extra pay attributable to years health and safety of service, special competence or special consideration beyond job requirementsEmployees. 2B. The State Bar agrees that work assignments and the distribution of work insofar as practical will not be made in an inequitable and unreasonable manner. The Superintendent shall Union agrees that work assignments and the distribution of work are solely the State Bar’s prerogative and not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3. The Superintendent shall not be penalized or discriminated against for attending arbitrations, hearings or meetings, but this privilege shall not be construed so as to interfere with the orderly operation of the building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided hereinprocedure. 5. The Arbitrator may consider exceptional cases in which C. In the Union claims event that excessive an Employee believes their work assignment(s) to be inequitable or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration unreasonable because access to the Superintendent’s management responsibilities grievance procedure is not permitted under the MOU, the Employee may discuss the matter with their immediate supervisor or first level manager. If the concern has not been resolved in a timely manner and to the need for cooperation between Employee’s satisfaction, the Superintendent matter may be raised with higher management including their Office Director or the Chief Administrative Officer. The Employee will have the right to Union representation during any of the above discussions. This procedure is intended to be informal. Therefore, there is no requirement to reduce complaints or responses to writing, and the EmployerEmployee or the Employee’s supervisor or first level manager may skip steps in the above procedure. 81. No provision The State Bar and the Union shall create a joint Union General Bargaining Unit/State Bar Work Assignment’s Task Force composed of eight (8) members. The State Bar shall appoint four (4) members and the Union shall appoint four (4) members. The goal of this Agreement shall Task Force will be so construed to establish “yardsticks” to measure workloads/assignments. These yardsticks will consider both quantifiable measures such as the number of assigned cases or the number of unfilled positions in a work unit, as well as less measurable areas such as the difficulty of certain types of cases/assignments. It is the intention to reduce develop a recognized maximum expectation for workloads/assignments to relieve Employees of concerns of unreasonable discipline or denial of time off. Yardsticks are not to be used as productivity measures. D. The delivery of State Bar services in an efficient, effective and courteous manner is of importance to the wages or lower the rate of pay State Bar and its Employees. Such achievement is recognized to be a mutual obligation of the Superintendent or to lower or worsen Union and the terms or conditions of the Superintendent’s employment. This provision shall not be construed as to in any way prevent the exercise by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees State Bar within their respective roles and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementresponsibilities. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Tentative Agreement

WORKING CONDITIONS. Section 1. Any replacement Superintendent If uniforms are required, it is agreed that the Employers shall, at their own expense, furnish and maintain them. The employees on their part agree to take good care of such uniforms and to wear them only in the course of their duties during working hours and during lunch time. The Employer shall receive furnish rubbers to employees whose duties regularly require them to walk in water. If uniforms are furnished by the contract wageEmployer, except where it includes extra pay attributable to years of service, special competence the Employer shall also furnish appropriate outdoor garments for snow removal or special consideration beyond job requirementsother outdoor work. Section 2. The Superintendent Employers shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief periodprovide a clean, lunch periodsanitary locker room area and lockers, with washing facilities, soap and emergencies towels to the extent that such facilities exist. Each building shall provide and except that maintain an adequate first aid kit in any building employing three or less employees during the daytime, exclusive office of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal lawssome other central location. Section 3. The Superintendent Employer shall not be penalized or discriminated against furnish cleaning supplies in sufficient quantity and maintain all equipment in such state of repair as is required to perform the work assigned. Section 4. The Employers shall maintain comfortable working conditions and reasonable temperatures for attending arbitrationsall employees, hearings or meetingsincluding night crews in sealed buildings. The employer shall operate such heating and air conditioning equipment and/or fans, but this privilege shall not be construed so as under its control, in order to interfere maintain comfortable working temperatures in a manner consistent with the orderly operation foregoing provision. Adequate lighting shall be provided in public areas to allow employees access to the areas they are to service. Section 5. It is agreed that there shall be no limitation on the type of the work now being performed by any employee in a member office building. 4. There may be added to the duties of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. Section 6. No Superintendents leaving their positions of their own accord Each employee shall be entitled to accrued vacation allowance unless they have given the Employer at least thirty twenty (3020) days written termination noticeminutes of paid, nonworking time per day which shall be taken in two rest periods. Section 7. The Union Employer shall not impose an unreasonable workload upon any employee or add on any duties over a reasonable work load. In the event an employee is absent the remaining employees may question the propriety be temporarily assigned to do part of the termination work assignments of the Superintendent’s services absent employees but they shall not be expected to perform their regular full work loads and demand such employee’s reinstatement or severance paythe extra work. Employees shall not be directed to do part of the work assignments of the absent employees unless and until they have first been instructed, in writing (and if anyreasonably practicable, in Spanish and/or Polish), as to what portions of their regular work assignment shall not be done in order to do the case may beextra work. Copies of these instructions shall be provided to the xxxxxxx and the building manager. If the instruction is not given in writing or if copies thereof are not provided to the xxxxxxx, by filing a grievance under Article VII of this Agreementany discipline imposed upon employees for failure to perform the extra work shall be rescinded. The Arbitrator Employer shall give either hire a temporary replacement or assign relief coverage (other than regularly-assigned cleaning employees) to perform the duties of any regularly- assigned general cleaning employee whose recurring job responsibilities cannot be postponed and who is absent for five (5) consecutive working days; provided, that in those buildings with regular night general cleaning staffs of 40 or more employees, the Employer shall hire temporary replacements or assign relief coverage if more than 20% or 12 employees (whichever is less) of the regularly-assigned night general cleaning staff employees are off due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employerpreviously scheduled absences. Section 8. No provision of this Agreement employee shall be so construed as required to reduce the wages or lower the rate of pay of the Superintendent or perform any work under abnormally dangerous conditions, and a failure to lower or worsen the terms or conditions of the Superintendent’s employment. This provision perform work under such circumstances, shall not be construed as considered a cause for discharge or discipline. Section 9. It is agreed that janitorial personnel will perform all traditional janitorial work which consists of general cleaning in and around the buildings. Section 10. The Employer shall not require medical approval because of short term illness or disability up to in any way prevent the exercise by and including five (5) working days, provided however, that when an employee is chronically absent, the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementmay require such medical approval. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Janitorial Agreement

WORKING CONDITIONS. 1. Any replacement Superintendent shall receive the contract wageA. Physical Breakdown and/or Climatic Conditions At any time, except where it includes extra pay attributable in any building, if students are not required to years be present because of servicephysical breakdown and/or climatic conditions, special competence or special consideration beyond job requirements. 2. The Superintendent secretaries shall not be required to: (a) renew cables on elevators or build block or hollow tile walls, (b) run elevators except during relief period, lunch period, and emergencies and except that in any building employing three or less employees during the daytime, exclusive of the Superintendent, the Superintendent in such buildings shall do all the duties which the Superintendent has heretofore been accustomed to do, (c) do any xxxxxx work except in a building employing three employees or less during the daytime, exclusive of the Superintendent, in which case the Superintendent should continue to do work the Superintendent has heretofore performed, (d) perform work on a scaffold that is not directly over a roof, setback, or within the building, (e) perform work on the inside of any fuel oil, pressure or hermetically sealed tank, (f) build cutting tables, machine stands or dress racks, or (g) do any work that conflicts with State, Federal or Municipal laws. 3be present. The Superintendent During special dismissals for storm watches secretaries shall not be penalized or discriminated against permitted to leave the building until students have been dismissed and have boarded buses. Any employee, who is required to work beyond their regularly scheduled year due to rescheduled days, will be paid for attending arbitrations, hearings or meetings, but this privilege those additional days at their current rate of pay. B. Members shall not have to make up the hours served on jury duty or when subpoenaed for court appearance. The difference between payment by the court and regular salary shall be construed so as to interfere with paid by the orderly operation Board. C. All members of the building. 4JCSSA shall be included in the Board's policy for Worker's Compensation. There may be added to If the duties employee received Worker's Compensation during an absence from the regular assignment, the amount of the Superintendent more or less miscellaneous and relief work for which the Superintendent’s additional compensation distinguishes such employee from other classes of workers on the premises, subject to the grievance and arbitration procedures provided herein. 5. The Arbitrator may consider exceptional cases in which the Union claims that excessive work or the utilization of unique skills or painting is required of the Superintendent and may relieve the Superintendent of, or require additional compensation for, such excessive work. 6. No Superintendents leaving their positions of their own accord Worker's Compensation shall be entitled to accrued vacation allowance unless they have given deducted from salary due under the Employer at least thirty (30) days written termination notice. 7. The Union may question the propriety of the termination of the Superintendent’s services and demand such employee’s reinstatement or severance pay, if any, as the case may be, by filing a grievance under Article VII of this Agreement. The Arbitrator shall give due consideration to the Superintendent’s management responsibilities and to the need for cooperation between the Superintendent and the Employer. 8. No provision sick leave clause of this Agreement until the applicable sick leave or Worker's Compensation is exhausted. D. The primary responsibility of a secretary is to his/her immediate supervisor. Requests from other supervisors shall not take priority over existing assignments. Teachers who are paid for an extra duty assignment, such as A.V. and Athletics shall not pass those duties to secretaries other than secretaries so assigned. E. Part-time personnel will be hired by the Board to assist secretaries in their assignment of checking in and distributing teaching supplies prior to the opening of a school year. F. Each secretary shall be so construed as to reduce granted one (1) break in the wages or lower a.m. and one (1) in the rate p.m. of pay of the Superintendent or to lower or worsen the terms or conditions of the Superintendent’s employmenteach work day. This provision Each break shall not exceed fifteen (15) minutes or may be construed scheduled differently to care for the work load or daily schedule problems. G. Absent secretaries will be replaced by substitute secretaries, if needed, as to in any way prevent the exercise determined by the Employer of its normal management prerogatives to make changes in equipment, schedules, shifts, number of employees and duties necessary and incident to the operation, maintenance and servicing of the building not inconsistent with the letter or the spirit of any other specific provision of this Agreementprincipal. 9. Wherever a conflict may exist between the 2016 Commercial Building Agreement and terms of this article, the terms of this article shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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