No Contracting Sample Clauses

The No Contracting clause prohibits the parties from entering into separate agreements or contracts that would alter, override, or conflict with the terms of the main agreement. In practice, this means that neither party can make side deals or arrangements with third parties or each other regarding the subject matter covered by the contract without explicit written consent. This clause ensures that all obligations and rights are governed solely by the main agreement, preventing confusion, hidden obligations, or circumvention of agreed terms.
No Contracting. The Employer agrees not to contract or subcontract any duties performed by any of the classifications covered by this Collective Bargaining Agreement during the term of said Agreement which would result in the layoff of bargaining unit employees.
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No Contracting. 33.01 Except in the case of an emergency, the Employer agrees to give the Union notice in writing, at least ninety (90) days prior to contracting out any work which may result in the layoff of any employee in the bargaining unit. Discussions will commence between the parties within ten (10) days of such notice and every reasonable effort will be made to provide continuing employment for affected employees with the contractor. DRAFT Housekeeping Aide Start (0-449) $15.99 $16.27 $16.55 $16.76 Dietary Aide Step 1 (450-1949) $16.48 $16.77 $17.06 $17.28 Laundry Aide Step 2 (1950-3899) $16.99 $17.29 $17.59 $17.81 Dishwasher Step 3 (3900+) $17.70 $18.01 $18.32 $18.55 Start (0-449) $16.12 $16.40 $16.69 $16.90 Step 1 (450-1949) $16.62 $16.91 $17.21 $17.42 Receptionist Step 2 (1950-3899) $17.14 $17.44 $17.75 $17.97 Step 3 (3900+) $17.85 $18.16 $18.48 $18.71 Cook Start (0-449) $19.35 $19.69 $20.03 $20.28 Bus Driver Step 1 (450-1949) $19.95 $20.30 $20.65 $20.91 Activity Aide Step 2 (1950-3899) $20.56 $20.92 $21.29 $21.55 Maintenance Aide Step 3 (3900+) $21.42 $21.79 $22.18 $22.45 Start (0-449) $22.34 $22.73 $23.13 $23.42 Step 1 (450-1949) $23.03 $23.43 $23.84 $24.14 Health Care Aide Step 2 (1950-3899) $23.75 $24.17 $24.59 $24.90 Step 3 (3900+) $24.74 $25.17 $25.61 $25.93 Start (0-449) $31.10 $31.64 $32.20 $32.60 Step 1 (450-1949) $32.06 $32.62 $33.19 $33.61 Licensed Practical Nurse Step 2 (1950-3899) $33.05 $33.63 $34.22 $34.64 Step 3 (3900+) $34.43 $35.03 $35.65 $36.09 Retroactive pay to be paid only to active employees as of the date of this Award and shall be for all hours worked from the date of Certification. All employees receiving a wage rate which is above the awarded wage rates, shall be maintained at their current rate of pay until the wage schedule for their classification surpasses their current rate of pay.
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No Contracting. CGMV shall not at any time after the execution of -------------- this Agreement enter into any contract, agreement or lease on behalf of Callaway Golf or represent that it has authority to act on behalf of Callaway Golf. CGMV acknowledges it has no right to enter any contract, agreement or lease on behalf of Callaway Golf or represent that it has authority to act on behalf of Callaway Golf.
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No Contracting. The Association will not contract out work of the Unit that will result in any lay off of Bargaining Unit employees. Work of the Persons from the bargaining unit shall not perform duties nor- ▇▇▇▇▇ performed by employees in the bargaining unit unless otherwise agreed in writing by the Union, except in cases of emergency or when qualified employees are not immediately available.
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No Contracting. Saint ▇▇▇▇▇▇▇, SportPark and Boreta shall not at any time after the Closing enter into any contract, agreement or lease which binds or purports to bind AAG, Callaway Golf, CGV or the Golf Center. Saint ▇▇▇▇▇▇▇, SportPark and Boreta acknowledge they have no right to bind or purport to bind AAG, Callaway Golf, CGV or the Golf Center.
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No Contracting. Buyer shall not at any time after the execution --------------- of this Agreement enter into any contract, agreement or lease on behalf of Callaway Golf or represent that it has authority to act on behalf of Callaway Golf. Buyer acknowledges that it has no right to enter into any contract on behalf of Callaway Golf or represent that it has authority to act on behalf of Callaway Golf.
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No Contracting. The City agrees that in no event shall it contract or subcontract out for the provisions of any services currently performed by members of the bargaining unit, included but not limited to fire suppression, fire inspections, fire investigations, fire public education, and emergency medical services during the term of this Agreement in accordance with the Firefighter Substitutes Act 65 ILCS 5/10-1-7.1 if to do so would result in the lay off, dismissal or filling a vacancy created by any bargaining unit member. If a regularly scheduled shift is left vacant due to vacation, injury, or illness and no fulltime certificated firefighter is available to fill the vacant shift, after all fulltime certificated members have been offered the shift, the city may offer the unfilled shift to current Paid on Call or part-time members of the LaSalle Fire Department.
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No Contracting. Saint Andrews, SportPark and ▇▇▇▇▇▇ shall not at any time after the Closing enter into any contract, agreement or lease which binds or purports to bind AAG, Callaway Golf, CGV or the Golf Center. Saint Andrews, SportPark and ▇▇▇▇▇▇ acknowledge they have no right to bind or purport to bind AAG, Callaway Golf, CGV or the Golf Center.
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Related to No Contracting

  • NO CONTRACTING OUT 12.01 The Nursing Home shall not contract-out any work usually performed by members of the bargaining unit if, as a result of such contracting-out, a lay-off of any employees other than casual part-time employees results from such contracting-out. Contracting-out to an Employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid-off with similar terms and conditions of employment is not a breach of this Agreement.

  • No Control Nothing contained in this Agreement shall give the Parent the right to control or direct Company or Company’s operations prior to the consummation of the Merger.

  • SUB-CONTRACTING 31.1. The Authority approves the appointment of the sub-contractors specified in Schedule 10 (Approved Sub-contractors) in respect of the obligations specified in that Schedule. 31.2. The Contractor may not sub-contract its obligations under the Framework Agreement to other sub-contractors without the prior written consent of the Authority. Sub-contracting of any part of the Framework Agreement shall not relieve the Contractor of any obligation or duty attributable to the Contractor under the Framework Agreement. The Contractor shall be responsible for the acts and omissions of its sub-contractors as though they are its own. 31.3. Where the Contractor enters into a sub-contract the Contractor must ensure that a provision is included which: 31.3.1. requires payment to be made of all sums due by the Contractor to the sub- contractor within a specified period not exceeding 30 days from the receipt of a valid invoice as defined by the sub-contract requirements and provides that, where the Authority has made payment to the Contractor in respect of Services and the sub-contractor’s invoice relates to such Services then, to that extent, the invoice must be treated as valid and, provided the Contractor is not exercising a right of retention or set-off in respect of a breach of contract by the sub-contractor or in respect of a sum otherwise due by the sub-contractor to the Contractor, payment must be made to the sub-contractor without deduction; 31.3.2. notifies the sub-contractor that the sub-contract forms part of a larger contract for the benefit of the Authority and that should the sub-contractor have any difficulty in securing the timely payment of an invoice, that matter may be referred by the sub- contractor to the Authority; 31.3.3. requires that all contracts with subcontractors and suppliers which the subcontractor intends to procure, and which the subcontractor has not before the date of this Framework Agreement, already planned to award to a particular supplier are advertised through the Public Contracts Scotland procurement portal (▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇) and awarded following a fair, open, transparent and competitive process proportionate to the nature and value of the contract; and 31.3.4. is in the same terms as that set out in this clause 31.3 (including for the avoidance of doubt this clause 31.3.4) subject only to modification to refer to the correct designation of the equivalent party as the Contractor and sub-contractor as the case may be. 31.4. The Contractor shall include in every sub-contract: 31.4.1 a right for the Contractor to terminate that sub-contract if the relevant sub- contractor fails to comply in the performance of its contract with legal obligations in the fields of environmental, social or employment law or if any of the termination events (involving substantial modification of the Contract, contract award despite the existence of exclusion grounds or a serious infringement of EU legal obligations) specified in clause 42.4 occur; and 31.4.2 a requirement that the sub-contractor includes a provision having the same effect as 31.4.1 in any sub-contract which it awards. In this Clause 31.4, ‘sub-contract’ means any contract between two or more contractors, at any stage of remoteness from the Authority in a sub-contracting chain, made wholly or substantially for the purpose of performing (or contributing to the performanace of) the whole or any part of this Framework Agreement. 31.5. Where requested by the Authority, copies of any sub-contract must be sent by the Contractor to the Authority as soon as reasonably practicable. 31.6. Where the Contractor proposes to enter into a sub-contract it must: 31.6.1 advertise its intention to do so in at least one trade journal, and the Public Contracts Scotland Portal; and 31.6.2 follow a procedure leading to the selection of the sub-contractor which ensures reasonable competition following principles of equal treatment, non-discrimination and transparency and which ensures that such procedure is accessible by small and medium enterprises.

  • No Contractual Relationship Between Sub Servicer, Trustee or the Certificateholders. Any Sub-Servicing Agreement and any other transactions or services relating to the Mortgage Loans involving a Sub-Servicer shall be deemed to be between the Sub-Servicer and the Servicer alone and the Trustee and the Certificateholders shall not be deemed parties thereto and shall have no claims, rights, obligations, duties or liabilities with respect to any Sub-Servicer except as set forth in Section 3.05.

  • SHAM CONTRACTING (a) The Parties to this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode Employee entitlements and affect the job security of Employees covered by this Agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding responsibility for employee entitlements. (b) In this clause, "sham contracting" is where: (i) an employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor; (ii) an employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or (iii) an employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. (c) Clause 16.6(b)(i) does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services. (d) Any use of sham contracting is a breach of this Agreement. (e) Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any Party may refer the allegation directly to the Disputes Panel for conciliation and/or resolution under clause 11 of this Agreement. All Parties will cooperate with the requests of the Disputes Panel including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an affected Employee may appoint a representative in relation to such matters. (f) Where the sham contracting allegation exists on the Employer’s Project, the Employer will make itself available to assist the disputes resolution procedure. (g) Where the Disputes Panel Chair deems it necessary due to seriousness of the allegations and/or their findings, the Chair may refer the matter to the appropriate government authority. (h) Where it is agreed or determined by the Disputes Panel or FWC that a sham contract was in place and the person was in fact an Employee under this Agreement, the calculation for back pay will be calculated on the basis of the hourly rate contained in this Agreement plus the site allowance (if applicable), plus the multi-storey allowance and an additional 75% loading to cover entitlements other than CBUS and Incolink. Any difference between the hourly rate paid to the Employee, plus CBUS and Incolink will form the settlement for breach of this clause. The affected Employee will be re-inducted and fully informed of their entitlements under this Agreement and the Fair Work Act. (i) The Employer must ensure that a person engaged to undertake building work as an Employee or as an independent contractor is lawfully entitled to be so engaged under Australian law. (j) The Employer agrees that the Employees will be paid in accordance with the applicable wage rates and allowances as prescribed in this Agreement. (k) The Employer in particular acknowledges the Sham Contracting Compliance Checklist, as attached at Appendix L, provides a useful tool to ensure ongoing compliance.