Xxxxxx Chairman. Associated Non-Operating Railway Unions Negotiating Committee 0000 Xxxxxxx Xxxxxx Xxxxxx, Xxxxxxx X0X 0X0 Dear Sir: This has reference to the award of the Arbitrator, the Honourable Xxxxxx X. Xxxx, dated December 9, 1974, concerning the contracting out of work. In accordance with the provisions as set out on Page 49 of the above-mentioned award, it is agreed that work presently and normally performed by employees represented by the Associated Non-Operating Railway Unions signatory to the Memorandum of Settlement dated May 22, 1985, will not be contracted out except:
(1) when technical or managerial skills are not available from within the Railway; or
(2) where sufficient employees, qualified to perform the work, are not available from the active or laid-off employees; or
(3) when essential equipment or facilities are not available and cannot be made available from Railway-owned property at the time and place required; or
(4) where the nature or volume of work is such that it does not justify the capital or operating expenditure involved; or
(5) the required time of completion of the work cannot be met with the skills, personnel or equipment available on the property; or
(6) where the nature or volume of the work is such that undesirable fluctuations in employment would automatically result. The conditions set forth above will not apply in emergencies, to items normally obtained from manufacturers or suppliers nor to the performance of warranty work. It is further agreed that at a mutually convenient time at the beginning of each year and, in any event, no later than January 31 of each year, representatives of the Union will meet with the designated officers to discuss the Company's plans with respect to contracting out of work for that year. In the event Union representatives are unavailable for such meetings, such unavailability will not delay implementation of Company plans with respect to contracting out of work for that year. In addition, the Company will advise the Union representatives involved in writing, as far in advance as is practicable, of its intention to contract out work which would have a material and adverse effect on employees. Except in case of emergency, such notice will be no less than 30 days. Such advice will contain a description of the work to be contracted out; the anticipated duration; the reasons for contracting out and, if possible, the date the contract is to commence. If the General Chairman, or equivalent, requests a meeting...
Xxxxxx Chairman. Read a first time this 29th day of November, A.D., 1963 Read a second time this 29th day of November, A.D., 1963 Read a third time and finally passed this 29th day of November, A.D., 1963
Xxxxxx Chairman. 8 ANNEX A The opinion of counsel to the Company shall be to the effect that nothing has come to their attention that caused them to believe that either the Registration Statement of the Company (the "Registration Statement") or the Private Placement Memorandum (the "Private Placement Memorandum"), each as of its date (or if any amendment thereof or supplement thereto has been made on or prior to the date of such opinion, then as of the date of such amendment or supplement) and as of the Closing, contained or contains an untrue statement of a material fact or omitted or omits to state a material fact required to be stated therein or necessary in order to make the statements therein not misleading (it being understood no opinion is expressed with respect to the financial statements and related notes, financial statement schedules and other financial information included or incorporated by reference therein or omitted therefrom.)
Xxxxxx Chairman. If to the Executive: Xxxx X. Xxxxxx 000 Xxx Xxxxxx Xxx Xxxx, XX 00000-0000 With a copy to:
Xxxxxx Chairman. President and CEO 1 Subject to adjustment under Section 7.1 of the Plan. NB1:738714.1 1
Xxxxxx Chairman. Personnel Committee PacifiCorp Board of Directors Attachments: Exhibit A: PacifiCorp Executive Severance Plan Exhibit B: Release of Claims Exhibit C: Confidentiality, Noncompetition and Nonsolicitation Agreement ACKNOWLEDGMENT AND AGREEMENT: I have read this Letter Agreement including its Attachments. I understand that by signing below I am entering a legal agreement and releasing legal rights. I have chosen voluntarily to enter this Letter Agreement after careful consideration. --------------------------------------- ----------------------------------- Xxxxxxxxx X. Xxxxxxx Date EXHIBIT B RELEASE OF CLAIMS This Release of Claims (the "Release") is made and executed by me, the undersigned employee, in connection with my separation from employment with PacifiCorp, an Oregon corporation and in consideration of my receiving severance pay and benefits of value as provided for under that certain Letter Agreement dated September 18, 1998 [revised October 15, 1998] (the "Agreement"). These benefits are substantial consideration to which I am not otherwise entitled. I hereby release PacifiCorp and its related corporations, affiliates, joint ventures, and partnerships, all predecessor and successor organizations for all entities referred to in this paragraph and all current and former partners, joint ventures, officers, directors, employees, agents, insurers, shareholders, representatives and assigns of all of the aforementioned and all other persons who might be claimed as liable (collectively the "Company") from any and all liability, damages or causes of action, direct or indirect, whether known or unknown, which have been or could have been asserted by me relating to my employment with the Company or the termination of that employment, including but not limited to any claims for additional compensation or benefits in any form, or damages. This Release specifically includes, but is not limited to, all claims for relief or remedy under any state or federal laws, including but not limited to the Employee Retirement Income Security Act (ERISA), Title VII of the Civil Rights Act of 1964, the Post-Civil War Civil Rights Acts (42 USC Sections 1981-88), the Civil Rights Act of 1991, the Equal Pay Act, sections 503 and 504 of the Vocational Rehabilitation Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Older Workers' Benefit Protection Act, the Federal Family and Medical Leave Act, the Worker Adjustment and Retraining Notification ...
Xxxxxx Chairman. Submissions must include sufficient biographical information concerning the recommended individual, including age, employment history for at least the past five years indicating employer's names and description of the employer's business, educational background and any other biographical information that would assist the Committee in determining the qualifications of the individual. The Committee will consider recommendations received by a date not later than 120 calendar days before the date our proxy statement is released to shareholders in connection with the prior year's annual meeting for nomination at that annual meeting. The Committee will consider nominations received beyond that date at the annual meeting subsequent to the next annual meeting. The Committee evaluates nominees for directors recommended by stockholders in the same manner in which it evaluates other nominees for directors. Minimum qualifications include the factors discussed above.
Xxxxxx Chairman. Associated Non-Operating Railway Unions Negotiating Committee 0000 Xxxxxxx Xxxxxx Xxxxxx, Xxxxxxx X0X 0X0 Dear Sir: This has reference to the award of the Arbitrator, the Honourable Xxxxxx
