Position of the Union Sample Clauses

The "Position of the Union" clause defines the official stance or viewpoint of a labor union within the context of a collective bargaining agreement or labor dispute. This clause typically outlines the union's position on key issues such as wages, working conditions, or management policies, and may specify how the union communicates or represents these positions to its members and the employer. By formally stating the union's perspective, the clause ensures clarity in negotiations and helps prevent misunderstandings between the union, its members, and management.
Position of the Union. It is the position of the union that Public Act 112 of 1994 does not apply to the provisions in Article 26 concerning the use of substitute and temporary staff, and therefore, the provisions should not be removed from the contract.
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Position of the Union. The Union first said that the language was clear and that “any unused sick leave days” had a very general meaning and included the unused sick leave days which employees had accumulated as of the beginning of the collective agreement. In the alternative, if the provision was ambiguous, the Union said that the evidence of the negotiations, of the Memorandum of Agreement, of the parties' agreement on the number of sick leave days and the value of the payments for those days, and of the agreement to defer the payment until the Employer had an opportunity to pursue a contribution from Diversicare, all clearly pointed to the parties' intention that the Employer pay for the sick leave days which employees had accumulated as of April 1, 1996. 02 a) required the payment of sick leave days accrued as of April 1, 1996. The Union sought an order for payment for all those days which had not been used as sick time or otherwise paid out and for interest to be paid on those amounts from the date of the grievance or from the end of the agreement The Union also asked that I remain seised. In reply to the Employer’s submissions, the Union said the Employer’s claim that the provision was clear supported the Union’s alternative argument that it was ambiguous. In addition, the Union said that the Employer’s submission that the parties had not resolved the issue of what was to happen to the sick leave accumulated as of the beginning of the collective agreement simply could not stand. The parties had resolved all issues and it was my task as arbitrator to determine what the parties had agreed upon.
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Position of the Union. It is asserted that the Grievants took a refresher course after they were reappointed following the end of their disability leave, and that under 13.2(B) the Sheriff was responsible for the cost and the time. Further, it is denied that the Grievants were negligent, so as to fall within the exception to the requirement that the Sheriff pay for the refresher courses. It is emphasized that the Grievants maintained their seniority when they returned to work. Also, the bargaining history is said to support the Union’s position. POSITION OF THE EMPLOYER It is argued that the Grievants were no longer employees when their certification lapsed after the year that they were on a disability retirement. The Sheriff argues that 13.2(B) applies only to members, and that since the Grievants weren’t members, the Sheriff was not required to pay for the refresher course. Further, the Sheriff argues that the Grievants were negligent in not maintaining their certification, and consequently the contract required them to pay for the refresher course. DISCUSSION The Grievants meet the initial requirements for an employer-paid refresher course pursuant to the plain meaning of paragraph 2(B) of Article 13. The Grievants had current certification that had to be refreshed, and the State of Ohio and the Sheriff permitted them to operate, and they did operate, as certified police officers (POTC) on patrol at the time that they sought to take the refresher
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Position of the Union. According to the Union the discharge under review in this proceeding fails to meet the contractually established test of "just cause." At Section 29.03 the Agreement provides that an employee on sick leave is to notify the Employer "at the start and end of such period." ▇▇. ▇▇▇▇▇▇ met the contractual standard of notice. Discussion: The terms of the May 14, 1993 Last Chance Agreement are very specific. They provide that:
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Related to Position of the Union

  • RECOGNITION OF THE UNION 1. The BCPSEA recognizes the BCTF as the sole and exclusive bargaining agent for the negotiation and administration of all terms and conditions of employment of all employees within the bargaining unit for which the BCTF is established as the bargaining agent pursuant to PELRA and subject to the provisions of this Collective Agreement.

  • Relation of the Parties No Beneficiary. No term, provision or requirement, whether express or implied, of any Loan Document, or actions taken or to be taken by any party thereunder, shall be construed to create a partnership, association, or joint venture between such parties or any of them. No term or provision of any Loan Document shall be construed to confer a benefit upon, or grant a right or privilege to, any Person other than the parties hereto.

  • Cooperation of the Parties The Seller undertakes to notify the Buyer of any obstacles on his part, which may negatively influence proper and timely delivery of the Equipment.

  • Operation of the Company’s Business (a) Except (i) as set forth in Section 4.2(a) of the Company Disclosure Schedule, (ii) as expressly permitted by or required in accordance this Agreement, (iii) as required by applicable Law, (iv) in connection with the COVID-19 pandemic, to the extent reasonably necessary, (A) to protect the health and safety of the Company’s or any of its Subsidiaries’ employees, (B) to respond to third party supply or service disruptions caused by the COVID-19 pandemic or (C) as required by any applicable Law, directive or guideline from any Governmental Body arising out of, or otherwise related to, the COVID-19 pandemic (including any response to COVID-19), or (v) as may be consented to in writing by Parent (which consent shall not be unreasonably withheld, delayed or conditioned), during the Pre-Closing Period: each of the Company and its Subsidiaries shall conduct its business and operations in the Ordinary Course of Business and in compliance in all material respects with all applicable Laws and the requirements of all Contracts that constitute Company Material Contracts. (b) Except (i) as expressly permitted by this Agreement, (ii) as set forth in Section 4.2(b) of the Company Disclosure Schedule, (iii) as required by applicable Law or (iv) with the prior written consent of Parent (which consent shall not be unreasonably withheld, delayed or conditioned), at all times during the Pre-Closing Period, the Company shall not, nor shall it cause or permit any of its Subsidiaries to, do any of the following: (i) declare, accrue, set aside or pay any dividend or make any other distribution in respect of any shares of its capital stock or repurchase, redeem or otherwise reacquire, directly or indirectly, any shares of its capital stock or other securities (except in connection with the payment of the exercise price and/or withholding Taxes incurred upon the exercise, settlement or vesting of any award granted under the Company Plan in accordance with the terms of such award in effect on the date of this Agreement); (ii) sell, issue, grant, pledge or otherwise dispose of or encumber or authorize any of the foregoing with respect to: (A) any capital stock or other security of the Company or any of its Subsidiaries (except for shares of outstanding Company Common Stock issued upon the valid exercise of Company Options); (B) any option, warrant or right to acquire any capital stock or any other security, other than option grants or restricted stock unit awards granted to employees and service providers in the Ordinary Course of Business which are included in the calculation of the Company Outstanding Shares; or (C) any instrument convertible into or exchangeable for any capital stock or other security of the Company or any of its Subsidiaries; (iii) except as required to give effect to anything in contemplation of the Closing, amend any of its or its Subsidiaries’ Organizational Documents, or effect or be a party to any merger, consolidation, share exchange, business combination, recapitalization, reclassification of shares, stock split, reverse stock split or similar transaction except, for the avoidance of doubt, the Contemplated Transactions; (iv) form any Subsidiary or acquire any equity interest or other interest in any other Entity or enter into a joint venture with any other Entity; (A) lend money to any Person (except for the advancement of expenses to employees, directors and consultants in the Ordinary Course of Business), (B) incur or guarantee any indebtedness for borrowed money, (C) guarantee any debt securities of others, or (D) other than the incurrence or payment of any Transaction Expenses, make any capital expenditure in excess of the budgeted capital expenditure amounts set forth in the Company operating budget delivered to Parent concurrently with the execution of this Agreement (the “Company Budget”); (vi) other than as required by applicable Law or the terms of any Company Benefit Plan as in effect on the date of this Agreement: (A) adopt, terminate, establish or enter into any Company Benefit Plan; (B) cause or permit any Company Benefit Plan to be amended in any material respect; (C) pay any bonus or make any profit-sharing or similar payment to, or increase the amount of the wages, salary, commissions, benefits or other compensation or remuneration payable to, any of its directors, officers or employees, other than increases in base salary and annual cash bonus opportunities and payments made in the Ordinary Course of Business consistent with past practice and which do not exceed, in the aggregate, the amounts specifically budgeted therefore in the Company Budget; (D) increase the severance or change of control benefits offered to any current or new employees, directors or consultants; (E) hire any (x) officer or (y) employee whose annual base salary is or is expected to be more than $250,000 per year or (F) terminate or give notice of termination to any officer other than for cause; (vii) recognize any labor union or labor organization, except as otherwise required by applicable Law and after prior written consent of Parent (which consent shall not be unreasonably withheld, delayed or conditioned); (viii) enter into any material transaction other than in the Ordinary Course of Business; (ix) acquire any material asset or sell, lease or otherwise irrevocably dispose of any of its assets or properties, or grant any Encumbrance with respect to such assets or properties, except in the Ordinary Course of Business; (x) sell, assign, transfer, license, sublicense or otherwise dispose of any Company IP (other than pursuant to non-exclusive licenses in the Ordinary Course of Business); (xi) make, change or revoke any material Tax election, fail to pay any income or other material Tax as such Tax becomes due and payable, file any amendment making any material change to any Tax Return, settle or compromise any income or other material Tax liability or submit any voluntary disclosure application, enter into any Tax allocation, sharing, indemnification or other similar agreement or arrangement (other than customary commercial contracts entered into in the Ordinary Course of Business the principal subject matter of which is not Taxes), request or consent to any extension or waiver of any limitation period with respect to any claim or assessment for any income or other material Taxes (other than pursuant to an extension of time to file any Tax Return granted in the Ordinary Course of Business of not more than seven (7) months), or adopt or change any material accounting method in respect of Taxes; (xii) enter into, materially amend or terminate any Company Material Contract; (xiii) other than as required by Law or GAAP, take any action to change accounting policies or procedures; (xiv) initiate or settle any Legal Proceeding (xv) enter into or amend a Contract that would reasonably be expected to prevent or materially impede, interfere with, hinder or delay the consummation of the Contemplated Transactions; or (xvi) agree, resolve or commit to do any of the foregoing. (c) Nothing contained in this Agreement shall give Parent, directly or indirectly, the right to control or direct the operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company shall exercise, consistent with the terms and conditions of this Agreement, complete unilateral control and supervision over its business operations. Notwithstanding anything to the contrary set forth in this Agreement, no consent of Parent shall be required with respect to any matter set forth in this Section 4.2 or elsewhere in this Agreement to the extent that the requirement of such consent could violate any applicable Laws.

  • Formation of the Company The Company was formed as a limited liability company under the Act on April 24, 2008. The Member hereby agrees that the person executing and filing the Certificate of Formation of the Company was and is an “authorized person” within the meaning of the Act, and that the Certificate of Formation filed by such authorized person is the Certificate of Formation of the Company.