If a term says that wages (to take that example) are as fixed
by the collective agreement for the time being in force between local council X and union Y, then that is the contractual term that transfers automatically to the transferee employer, who (unless and until that term is lawfully varied) continues to be required to honour it.
Not exact matches
Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities
for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred
by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of
collective bargaining
agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger
agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger
agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered
by the Rockwell merger
agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.
Specifically, the recommendation is to provide unions with a lump - sum compensation total
by hour, or perhaps per year,
for workers covered
by collective agreements.
Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the
agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt
agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our
collective bargaining
agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings
by the Company with the Securities and Exchange Commission.
The unipolarist ideology
by whatever name, adds a fourth party to the foreign - policy debate, which has otherwise involved 1) liberal internationalists, who seek world peace and stability
by securing
collective agreements from nation states to comply with international law; 2) realists, who seek to ensure a balance of power among competing regimes; and 3) principled anti-interventionists, who renounce the use of military force
for all reasons besides self - defense.
As part of a new
collective bargaining
agreement ratified in 2006, owners paid players $ 12 million
for damages caused
by collusion during the 2002 - 2003 offseason.
Curran asked the unions
for «complete» copies of their existing
collective bargaining
agreements with the county
by no later than Jan. 2, including all side letters, amendments, memorandum of understanding or other contract modifications.
On the one hand, the 12 year period itself could be extended (or reduced)
for specific disciplines
by collective labour
agreements between the relevant unions and the state (as the employer of university staff).
Michael Podgursky responds:
Collective - bargaining
agreements negotiated
by the AFT in large urban districts typically include language restricting the contractual teaching workday to little longer than the school day
for students.
The Peoples» Sustainability Treaties (PST) were initiated
by civil society organizations to develop
collective agreements for sustainable futures beyond Rio +20 and a post 2015 agenda of the multilateral system.
Unlike other industries that often offer higher pay to compensate
for less desirable working conditions or to attract more desired applicants in high - need areas (like STEM fields), public school systems are generally limited
by collective bargaining
agreements or state law in their ability to offer differential compensation (see Goldhaber et al., 2015).
Nor does a responsible governing organization do what school districts have done: give away all its options
by hiring employees
for life or entering
collective bargaining
agreements that undermine school leaders.
Records maintained
for the purposes of any grievance proceeding brought
by an employee
for enforcement of a
collective bargaining
agreement or contract; however, these records shall be open to inspection
by the employee and
by officials of the institution conducting the grievance proceeding and shall become public after a final decision is made in the proceeding.
Upon successful completion of the probationary period
by the employee, the employee's status shall continue from year to year unless the district school superintendent terminates the employee
for reasons stated in the
collective bargaining
agreement, or in district school board rule in cases where a
collective bargaining
agreement does not exist, or reduces the number of employees on a districtwide basis
for financial reasons.
Each educational support employee shall be employed on probationary status
for a period to be determined through the appropriate
collective bargaining
agreement or
by district school board rule in cases where a
collective bargaining
agreement does not exist.
Lynch and the PBA were already incensed at de Blasio over protracted negotiations
for a new
collective bargaining
agreement, annoyed with the mayor's move to formally end a police practice called stop - and - frisk (which criminal justice reformers say has been used disproportionately and abusively against young black men), and looking to weaken him
by convincing New York Governor Andrew Cuomo to sign a bill passed
by the legislature that would allow the PBA to all but stifle any efforts
by the city to discipline corrupt and incompetent cops.
Evaluation designs are influenced
by factors such as the characteristics of local school districts, laws governing charter school autonomy, and a state's history
for local control and
collective bargaining
agreements related to educator evaluation.
The discrepancy resulted mostly from the proposed budget not accounting
for costs required
by Madison's
collective bargaining
agreement with Madison Teachers Inc., which expires in 2013.
But this tends to raise very complicated scheduling issues
for school administrators, complicated even more
by existing mentoring programs and
collective bargaining
agreements.
(i)(1) Not more than 120 charter schools shall be allowed to operate in the commonwealth at any time, excluding those approved pursuant to paragraph (3); provided, however, that of the 120 charter schools, not more than 48 shall be Horace Mann charter schools; provided, however, notwithstanding subsection (c) the 14 new Horace Mann charter schools shall not be subject to the requirement of an
agreement with the local
collective bargaining unit prior to board approval; provided, further, that after the charter
for these 14 new Horace Mann charter schools have been granted
by the board, the schools shall develop a memorandum of understanding with the school committee and the local union regarding any waivers to applicable
collective bargaining
agreements; provided, further, that if an
agreement is not reached on the memorandum of understanding at least 30 days before the scheduled opening of the school, the charter school shall operate under the terms of its charter until an
agreement is reached; provided, further, that not less 4 of the new Horace Mann charter schools shall be located in a municipality with more than 500,000 residents; and not more than 72 shall be commonwealth charter schools.
A cross-sectional analysis of state government employees from Sally Coleman Selden and Donald P. Moynihan found that states with higher pay
for state employees experience lower turnover.26 This reduction in turnover from increased compensation helps to explain the common finding that employees» productivity can increase when they are paid higher wages.27 Furthermore, Selden and Moynihan found that states with a higher percentage of state employees covered
by collective bargaining
agreements have lower voluntary turnover, even after taking into account the effect of unionization on pay increases.28
She closes her book
by suggesting that school districts with sclerotic bureaucracies and inflexible
collective - bargaining
agreements are inherently incapable of educational excellence
for low - income children.
(1) Only employees being tested, collectors and other collection site workers, DERs, employee and employer representatives authorized
by the employer (e.g., employer policy,
collective bargaining
agreement), and DOT agency representatives are authorized persons
for purposes of this paragraph (e).
If provided
for by a
collective bargaining
agreement, we may disclose records to a labor organization recognized under 5 U.S.C. Chapter 71.
Union members who are covered
by a
collective bargaining
agreement that provides
for a medical plan also may be entitled to continued coverage.
employment income (salaries, commissions, vacation pay) owing
by the employer but not payable at the time of death
for a pay period that ended before the date of death, as well as retroactive payments paid pursuant to a
collective agreement signed before the date of death;
Sure, its not a top - down, sweeping declaration
by the great nations of the world proclaiming climate change and energy priority # 1, but in a world of very loosely affiliated — oftentimes antagonistic — nation states, hopes
for unanimous
agreement and
collective selfless action action are naive.
The Cancun
agreements incorporate the finance goals set out in the Copenhagen Accord — a
collective commitment
by developed countries to provide $ 30 billion in fast - start finance
for developing countries in 2010 - 12; and to mobilize $ 100 billion a year in public and private finance
by 2020 «in the context of meaningful mitigation actions and transparency on implementation.»
Arbitration, when adopted
by the parties as was done here in the
collective agreement, is an integral part of that scheme, and is clearly the forum preferred
by the legislature
for resolution of disputes arising under
collective agreements.
(30) An application
for certification
by another trade union as bargaining agent
for employees in the bargaining unit filed with the Board after the Board has given a direction under clause (2)(c) is of no effect unless it is brought after the first
collective agreement is settled and unless it is brought in accordance with subsections 7 (4), (5) and (6).
Where, on inquiry, the Board determines that an employee has been discharged or otherwise disciplined
by an employer
for cause and the contract of employment or the
collective agreement, as the case may be, does not contain a specific penalty
for the infraction, the Board may substitute such other penalty
for the discharge or discipline as seems just and reasonable in all the circumstances.
(b) where the trade union has been a party to or bound
by a
collective agreement with the employer
for at least one year;
(2) Where a trade union has been certified as bargaining agent of the employees of an employer in a bargaining unit and has not entered into a
collective agreement with the employer and no declaration has been made
by the Board that the trade union no longer represents the employees in the bargaining unit, another trade union may apply to the Board
for certification as bargaining agent of any of the employees in the bargaining unit determined in the certificate only after the expiration of one year from the date of the certificate.
(16) Except where a
collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time
for the taking of any step in the grievance procedure under a
collective agreement, despite the expiration of the time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds
for the extension and that the opposite party will not be substantially prejudiced
by the extension.
(7) Where a trade union or council of trade unions is declared to be the bargaining agent under subsection (6) and it is not already bound
by a
collective agreement with the successor employer with respect to the employees
for whom it is declared to be the bargaining agent, it is entitled to give to the employer a written notice of its desire to bargain with a view to making a
collective agreement, and the notice has the same effect as a notice under section 16.
7 (1) Where no trade union has been certified as bargaining agent of the employees of an employer in a unit that a trade union claims to be appropriate
for collective bargaining and the employees in the unit are not bound
by a
collective agreement, a trade union may apply at any time to the Board
for certification as bargaining agent of the employees in the unit.
277.41 A
collective agreement between a board and a designated bargaining agent
for a teachers» bargaining unit may provide
for the final and binding settlement
by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.
Beyond academic governance, Flex Time models may also have an impact on
collective agreements (which stipulate working hours and requirements of consultation and / or
agreement prior to changes in any changes to the delivery of courses affecting terms and conditions of staff or faculty work) or on Law School budgets (some of which collect tuition
by «term» rather than
for each credit).
Once certified, the opportunity
for decertification or a raid
by another union presents itself in what is called an «open period,» effectively the three months before a
collective agreement (typically three years) is set to expire or, in the case of a longer term
collective agreement, in the last three months of the third year, and the last three months of each subsequent year as well as the final three months of the
collective agreement.
If there is no
collective agreement within a year of certification, opportunity arises sooner
for decertification or a raid
by a competing union.
Staff covered
by the academic
collective agreement engaged in a lawful strike in March 2006 that lasted
for approximately three weeks.
The
Collective Agreement also states that «the College shall provide
for access to» certain other benefits
for partial load faculty, «provided that the premium is paid
by the employee.»
Reasons
for judgement were released today
by the BC Supreme Court, Vancouver Registry, dismissing a CFL concussion lawsuit on the basis of wording in the league and player's
collective bargaining
agreement.
[92] I therefore find that Mr. Bruce was entitled to seek compensation
by way of grievance and arbitration under the 2014
Collective Agreement for the matters raised in his notice of civil claim in these proceedings and had he done so, could have obtained a meaningful remedy
for those complaints.
«This historical, international, and jurisprudential landscape suggests compellingly to me that s. 2 (d) has arrived at the destination sought
by Dickson C.J. [in dissent] in the Alberta Reference, namely, the conclusion that a meaningful process of
collective bargaining requires the ability of employees to participate in
collective withdrawal of services
for the purpose of pursuing the terms and conditions of their employment through a
collective agreement.»
On May 30, 2011, this action was certified as a class proceeding
for the purposes of settlement and the settlement
agreements reached with Sony Music Entertainment Canada Inc., («Sony»), EMI Group Canada Inc. («EMI»), Universal Music Canada Inc. («Universal»), Warner Music Canada Co. («Warner»), (collectively, the «Record Companies»), the Canadian Musical Reproduction Rights Agency Ltd. («CMRRA»), the Society
for Reproduction Rights of Authors, Composers and Publishers (SODRAC) Inc. and SODRAC 2003 Inc. («SODRAC»)(collectively, the «
Collective Society Defendants») were approved
by the Ontario Superior Court of Justice.
The union, however, argued transcription work was a key function performed
by court reporters that should be subject to the provisions of the
collective agreement and the associated remuneration
for things like overtime and holiday pay.
(2) If an employer bound
by a
collective agreement is or will be laying off an employee
for a period that will or may be longer than a temporary lay - off and the employer would be or might be in breach of the
collective agreement if the employer advised the employee that his or her employment was to be terminated, the employer may provide the employee with a written notice of indefinite lay - off and the employer shall be deemed as of the date on which that notice was given to have provided the employee with a notice of termination.
In the Risdale case, a nurse left her assignment in a care unit to attend a meeting provided
for by her
collective agreement.
The Canada Labour Code offers an alternative statutory scheme
for non-unionized employees consisting of expansive protections much like those available to employees covered
by collective agreements.