Sentences with phrase «under collective agreement not»

Not exact matches

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 decision by a three - judge panel stated that, «the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.»

(OKC couldn't have offered a five - year deal because each team is allowed just one under the new collective bargaining agreement, and Russell Westbrook got it.)

The second savings category contains so - called «unrepresented workers,» like retirees who would pay higher health insurance costs under the agreements reached with CSEA and PEF, plus the 9,000 or so «management / confidential» state employees who can't take part in collective bargaining.

Massachusetts does not have conversion charters; instead the state has a second class of charters called «Horace Mann Charters» that remain under the auspices of the district and abide by many elements of the existing collective bargaining agreements and district provisions.

Unlike most charters, Green Dot is unionized, but teachers at Clay, who work under a different collective - bargaining agreement, would not be entitled to remain.

(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 schooNot 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 schoonot 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 schoonot 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 schoonot 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 schoonot 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 schoonot more than 72 shall be commonwealth charter schools.

The New York City teachers union, the UFT, created the charter school intending to demonstrate that running a school under the city's collective bargaining agreement was not an impediment to success.

... The problem raised by attempts to escape the contract tribunal so as to seek enforcement in the courts of rights arising under a collective agreement negotiated within the framework of a collective bargaining regime, solely on the grounds that the agreement does not explicitly address the jurisdictional question, is an equally profound difficulty.

43.1 (1) At any time on or after the day that is 45 days after the Minister makes an appointment under subsection 43 (5), if the parties have not entered into a collective agreement, either party may apply to the Board to direct the settlement of a first collective agreement by mediation - arbitration.

(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.

In a statement on the Queen's web site, it states: «Any survey of an institution's copying under the provision of this licence would respect the principles of academic freedom, would not extend to faculty emails or interactive portions of learning management systems, and would acknowledge each institution's collective agreements.»

Instead, the two parties entered into a new agreement that wasn't governed by the Labour Relations Code or enforced by either party as a collective agreement under the code.

The Ontario Court of Appeal has recently determined that in a unionized workplace, a dispute about whether the employer has complied with its obligations under the Employment Insurance Premium Reduction Program under the Employment Insurance Act, must be determined by an arbitrator appointed under the collective agreement, and not by a court.

In a significant decision, Arbitrator Hayes has concluded that, as a Central Arbitrator, he does not have jurisdiction under the central terms of the Elementary Teachers» Federation of Ontario (ETFO) collective agreements to consider a grievance concerning a school board's instructions to teachers regarding the preparation of report cards...

Because the collective agreement contained a provision that it could not be used to restrict any of the lawyers» constitutional rights, the PSLREB then considered the Association's argument that the standby duty directive, issued under the Management Rights clause, violated section 7 of the Charter.

Unionized employees don't necessarily have the option of suing their employer, but they can grieve an incident of sexual harassment under the relevant collective agreement whether or not it includes a specific term (s).

The legal obligations imposed under OHS, human rights and employment standards laws are incorporated into every collective agreement, whether or not the agreement expressly says so.

They held the carry - over of the effect of a governing collective agreement is restricted to that current agreement and does not survive any variation or renegotiation (partly because it is improper to hold the transferee liable under a fresh or varied agreement to which he was not a party).

In McGill, supra note 129, the Supreme Court of Canada stated at para. 20, «[s] ince the right to equality is a fundamental right, the parties to a collective agreement can not agree to a level of protection that is lower than the one to which employees are entitled under human rights legislation...»

[247] Some labour arbitrators in Ontario have considered a breach of a collective agreement as a factor in assessing undue hardship: see, for example, Chatham - Kent Children's Services v. Ontario Public Service Employees» Union, Local 148 (Bowen Grievance), [2014] O.L.A.A. No. 424 (note, however, that the arbitrator in this case relied on Renaud, supra note 208, a case that arose under British Columbia's Human Rights Act, S.B.C. 1984, which did not enumerate specific factors for assessing undue hardship, as the Ontario Human Rights Code does).

Those females who work for employers with less than fifty employees should be aware that if they are not afforded additional benefits beyond the eight week period either under a collective bargaining agreement or written employment policy or contract are not afforded job protection if their maternity leave exceeds eight weeks.

The worker has not had the matter dealt with by final and binding settlement by arbitration under a collective agreement or filed a complaint with the Board under subsection (2).

Maurice Kay LJ: Section 1 (1) of EPA 1970 provided: «If the terms of a contract under which a woman is employed at an establishment in Great Britain do not include (directly or by reference to a collective agreement or otherwise) an equality clause they shall be deemed to include one.»

The agreements do not appear to be the result of bargaining between the farms and the workers or their associations, and the ability to engage in collective bargaining under the Agricultural Employees Protection Act is limited by the holding in Fraser.

Under that provision, employers are not allowed to change their employees» conditions of employment without the written consent of the certified union while a collective agreement is being negotiated.

In 2008, Driver Iron and Local 720 entered into a new agreement to govern their relationship and agreed it would not be governed by the code and would not be enforced by either party as a collective agreement under the code.

As in Laval the point was made again that the only permissible protectionism here is under the Posted Worker Directive (96 / 71 / EC) which only protects legally fixed minimum wages, the irony here being that even under the German system (which is most likely to engage the directive on the basis not of a statutory minimum wage, but an «entrenched» collective agreement) this collective agreement was only a local and specific one and so not «entrenched».

131 (1) The directors of a corporation are jointly and severally liable to the employees of the corporation for all debts not exceeding six months» wages that become payable while they are directors for services performed for the corporation and for the vacation pay accrued while they are directors for not more than twelve months under the Employment Standards Act, and the regulations thereunder, or under any collective agreement made by the corporation.