Dumping If a Party finds that dumping, within the meaning of Article VI of GATT 1994 is taking place in trade relations governed by this Agreement, it may take appropriate measures against that practice in accordance with Article VI of the GATT 1994 and the rules established by agreements related to that Article.
Crane Erection & Jumping (a) Cranes and man/material hoists may be erected, altered, climbed and dismantled during times when ordinary production works are in progress subject to the work being done in full compliance with a relevant operational safety zone (OSZ) plan which has been developed specifically for that operation with consideration to overall site safety. (b) The crane crew for each tower crane (Crane Crew) must consist of the following: (i) crane driver; and (ii) three (3) dogmen. (c) In addition to the appropriate tickets held by the crane driver and the dogmen, the following high risk licences must be held amongst the Crane Crew: (i) rigging; and (ii) material handling. (d) Where a Project consists of a single Crane Crew, the Employer should endeavour to ensure another member of the Crane Crew holds a crane driver licence.
Bumping Employees who are reduced may bump within their classification or to a lower ranking classification within their classification group where they meet the qualifications as determined by the job description, and have demonstrated ability, capacity or skill. Bumping must be within the affected employee’s current division (Article 9(B)(5) above) or to a lower division. No employee has the right to bump into a higher division. a. An employee given an initial notice of layoff can either accept the layoff or he/she can exercise seniority bumping rights. A request to bump must be made within three (3) business days of receipt of the layoff notice. The bumping right can be exercised to assume the position of the least senior employee who holds a position in the affected employee’s classification. If there is no less senior employee within the affected employee’s classification, he/she may bump the least senior employee in the immediately lower classification (and each lower classification in turn) in the same classification group, provided he/she has greater seniority and the requisite skills and qualifications to do the job. For example, if a Maintenance III position were reduced, the displaced employee could bump into a Maintenance II, Maintenance I or Courier position held by a less senior employee. Classification groups are set forth in Appendix B. b. An employee who is displaced as a result of being bumped under this Article may also use his or her seniority in the same manner to bump the least senior employee in the next lower classification within the classification group provided he/she has the skills and qualifications to do the job. c. Employees who are to be laid off may not bump employees with less seniority in higher ranking classifications within the classification group; or in higher divisions; or in positions outside their classification group. d. In order to bump, the employee must have the ability, capacity and skill to perform the job and must demonstrate the ability to perform all job functions within twenty (20) working days from the date he or she assumes the job duties. If, after twenty (20) working days, the employee cannot perform the duties of the lower ranked job in a satisfactory manner, the employee may, at the discretion of the District, either be given additional time for training and job mastery or be laid off. If he or she is laid off, the District will fill the job either by recall of an employee who was laid off from a higher ranked position within the classification group or by recalling the employee who was bumped out of that position. In the event there are no qualified individuals on the recall list, the District may fill the position using its established hiring practices. e. The employee who bumps into a lower ranked classification shall be paid according to the salary schedule for that classification and will be placed at the same incremental step held in his or her previous classification.
Tariff Elimination 1. Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty, or adopt a new customs duty, on an originating good. 2. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating goods in accordance with the Tariff Elimination Schedule established in Annex III.04.2. 3. Upon the request of any Party, the Parties shall consult to consider the possibility of accelerating the elimination of customs duties set out in Annex III.04.2 or incorporating into one Party’s Tariff Elimination Schedule goods not subject to the elimination schedule. An agreement between the Parties to accelerate the elimination of a customs duty on a good or to include a good in a Party’s elimination schedule shall supersede any duty rate or staging category determined pursuant to their Schedules for such good when approved by each such Party in accordance with its applicable legal procedures. 4. The agreement adopted based on paragraph 3, regarding the accelerated elimination of a customs duty for an originating good, shall prevail over any customs duty or tariff elimination schedule set out in the Annexes to this Article. 5. Notwithstanding paragraphs 1 and 2, any Party may maintain or increase a customs duty as authorised by the Dispute Settlement Understanding of the WTO, or any other agreement under the WTO Agreement. 6. Originating goods produced in free trade zones in the territory of a Party shall be subject to the most favoured nation treatment (MFN tariff) when imported into the territory of the other Party, except for the products included in Annex III.04.6, which shall benefit from the Tariff Elimination Schedule. 7. The Parties agree that, from the date of entry into force of this Agreement, and in accordance with the functions assigned to the Joint Council in Article I.06.8(a), upon request of either Party, the Joint Council may meet with the purpose of including other goods into Annex III.04.6.
Layoff in Lieu of Bumping An employee who elects a layoff in lieu of bumping maintains his/her reemployment rights under this Agreement.