Common use of Yard Closure Clause in Contracts

Yard Closure. During the term of this Collective Agreement, the Employer shall not close any existing highways yards except by mutual agreement between the Employer and the Union unless the highways yard closure is brought on by the B.C. Provincial Government. If the B.C. Provincial Government and the Employer are engaged in any discussions that involve a proposed closure or closure of a current highway yard the Employer will at the earliest possible time call a meeting of the Joint Labour/ Management Committee to discuss all related matters involved in the yard closure as it would relate to employees. If it is determined that the B.C. Provincial Government is going to close a yard the following shall occur: (1) The Employer shall call for a meeting of the Joint Labour/Management Committee at the earliest possible time upon being aware of a closure. (2) The Joint Labour/Management Committee shall assess the impact on the employees and shall review options available under this Collective Agreement for the employees affected. These options shall include but not be limited to: (i) Other work assignments that may be available within the seniority block where the highway yard closure is to take place; (ii) Relocation to another highways yard; (iii) Options under Article 13; (iv) The Parties may review other options outside of the Collective Agreement. If options are agreed to by the Joint Labour/Management Committee, the effected employees would have to also be in agreement before implementation. (3) If the Parties are not able to agree on a remedy to a B.C. Provincial Government sponsored closure of an Employer's highway yard operation, the Parties shall refer the matter to arbitration as outlined in Article 9.

Appears in 1 contract

Samples: Collective Agreement

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Yard Closure. During the term of this Collective Agreementcollective agreement, the Employer shall not close any existing highways yards except by mutual agreement between the Employer and the Union unless the highways yard closure is brought on by the B.C. BC Provincial Government. If the B.C. BC Provincial Government and the Employer are engaged in any discussions that involve a proposed closure or closure of a current highway yard the Employer will at the earliest possible time call a meeting of the Joint Labour/ Management Committee to discuss all related matters involved in the yard closure as it would relate to employees. If it is determined that the B.C. BC Provincial Government is going to close a yard the following shall occur: (1) The Employer shall call for a meeting of the Joint Labour/Management Committee at the earliest possible time upon being aware of a closure. (2) The Joint Labour/Management Committee shall assess the impact on the employees and shall review options available under this Collective Agreement collective agreement for the employees affected. These options shall include but not be limited to: (i) Other work assignments that may be available within the seniority block where the highway yard closure is to take place; (ii) Relocation to another highways yard; (iii) Options under Article 13; (iv) The Parties parties may review other options outside of the Collective Agreement. If options are agreed to by the Joint Labour/Management Committee, the effected employees would have to also be in agreement before implementation. (3) If the Parties parties are not able to agree on a remedy to a B.C. BC Provincial Government sponsored closure of an Employer's highway yard operation, the Parties parties shall refer the matter to arbitration as outlined in Article 9Clause 9.6. The Employer and the Union shall make every attempt to have the arbitration and the issue concluded before any highway's yard closure is implemented. The Arbitrator shall meet the parties and attempt to mediate a settlement and if mediation does not resolve the issue then it shall be arbitrated. The Arbitrator in rendering his/her decision, shall take into account that the highway yard is closing by direction of the BC Provincial Government and that the Employer has no other options other than closure. The Arbitrator shall also take into account employee preferences, fairness and equity, and operational considerations and cost to the Employer when rendering a decision. This article does not apply to re-locations of existing yards.

Appears in 1 contract

Samples: Collective Agreement

Yard Closure. During the term of this Collective Agreement, the Employer shall not close any existing highways yards except by mutual agreement between the Employer and the Union unless the highways yard closure is brought on by the B.C. Provincial GovernmentBC provincial government. If the B.C. Provincial Government BC provincial government and the Employer are engaged in any discussions that involve a proposed closure or closure of a current highway yard the Employer will at the earliest possible time call a meeting of the Joint Labour/ Management Committee to discuss all related matters involved in the yard closure as it would relate to employees. If it is determined that the B.C. Provincial Government BC provincial government is going to close a yard the following shall occur: (1) The Employer shall call for a meeting of the Joint Labour/Management Committee at the earliest possible time upon being aware of a closure. (2) The Joint Labour/Management Committee shall assess the impact on the employees and shall review options available under this Collective Agreement for the employees affected. These options shall include but not be limited to: (i) Other work assignments that may be available within the seniority block where the highway yard closure is to take place; (ii) Relocation to another highways yard; (iii) Options under Article 13; (iv) The Parties parties may review other options outside of the Collective Agreement. If options are agreed to by the Joint Labour/Management Committee, the effected employees would have to also be in agreement before implementation. (3) If the Parties parties are not able to agree on a remedy to a B.C. Provincial Government BC provincial government sponsored closure of an Employeremployer's highway yard operation, the Parties parties shall refer the matter to arbitration as outlined in Article 9Clause 9.6. The Employer and the Union shall make every attempt to have the arbitration and the issue concluded before any highway's yard closure is implemented. The Arbitrator shall meet the parties and attempt to mediate a settlement and if mediation does not resolve the issue then it shall be arbitrated. The Arbitrator in rendering his/her decision, shall take into account that the highway yard is closing by direction of the BC provincial government and that the Employer has no other options other than closure. The Arbitrator shall also take into account employee preferences, fairness and equity, and operational considerations and cost to the Employer when rendering a decision. This article does not apply to re-locations of existing yards.

Appears in 1 contract

Samples: Collective Agreement

Yard Closure. During the term of this Collective Agreement, the Employer shall not close any existing highways yards except by mutual agreement between the Employer and the Union unless the highways yard closure is brought on by the B.C. Provincial GovernmentBC provincial government. If the B.C. Provincial Government BC provincial government and the Employer are engaged in any discussions that involve a proposed closure or closure of a current highway yard the Employer will at the earliest possible time call a meeting of the Joint Labour/ Management Committee to discuss all related matters involved in the yard closure as it would relate to employees. If it is determined that the B.C. Provincial Government BC provincial government is going to close a yard the following shall occur: (1) The Employer shall call for a meeting of the Joint Labour/Management Committee at the earliest possible time upon being aware of a closure. (2) The Joint Labour/Management Committee shall assess the impact on the employees and shall review options available under this Collective Agreement for the employees affected. These options shall include but not be limited to: (i) Other work assignments that may be available within the seniority block where the highway yard closure is to take place; (ii) Relocation to another highways yard; (iii) Options under Article 13; (iv) The Parties parties may review other options outside of the Collective Agreement. If options are agreed to by the Joint Labour/Management Committee, the effected employees would have to also be in agreement before implementation. (3) If the Parties parties are not able to agree on a remedy to a B.C. Provincial Government BC provincial government sponsored closure of an Employeremployer's highway yard operation, the Parties parties shall refer the matter to arbitration as outlined in Article 9Clause 9.6. The Employer and the Union shall make every attempt to have the arbitration and the issue concluded before any highway's yard closure is implemented. The Arbitrator shall meet the parties and attempt to mediate a settlement and if mediation does not resolve the issue then it shall be arbitrated. The Arbitrator in rendering their decision, shall take into account that the highway yard is closing by direction of the BC provincial government and that the Employer has no other options other than closure. The Arbitrator shall also take into account employee preferences, fairness and equity, and operational considerations and cost to the Employer when rendering a decision. This article does not apply to re-locations of existing yards.

Appears in 1 contract

Samples: Collective Agreement

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Yard Closure. During the term of this Collective Agreement, the Employer shall not close any existing highways yards except by mutual agreement between the Employer and the Union unless the highways yard closure is brought on by the B.C. Provincial Government. If the B.C. Provincial Government and the Employer are engaged in any discussions that involve a proposed closure or closure of a current highway yard the Employer will at the earliest possible time call a meeting of the Joint Labour/ Labour/Management Committee to discuss all related matters involved in the yard closure as it would relate to employees. If it is determined that the B.C. Provincial Government is going to close a yard the following shall occur: (1) The Employer shall call for a meeting of the Joint Labour/Management Committee at the earliest possible time upon being aware of a closure. (2) The Joint Labour/Management Committee shall assess the impact on the employees and shall review options available under this Collective Agreement for the employees affected. These options shall include but not be limited to: (i) Other work assignments that may be available within the seniority block where the highway yard closure is to take place; (ii) Relocation to another highways yard; (iii) Options under Article 13; (iv) The Parties may review other options outside of the Collective Agreement. If options are agreed to by the Joint Labour/Management Committee, the effected employees would have to also be in agreement before implementation. (3) If the Parties are not able to agree on a remedy to a B.C. Provincial Government sponsored closure of an Employer's highway yard operation, the Parties shall refer the matter to arbitration as outlined in Article 9.

Appears in 1 contract

Samples: Collective Agreement

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