Common use of Sectio n Clause in Contracts

Sectio n. If the acquires by way of purchase or in any other manner the undertaking of other employer and such operations are merged, seniority of all active employees be dovetailed including those employees who are off due to sickness or injury. If the acquiring the or undertaking does not require all of the employees after the merger, layoff will at the bottom of the dovetailed active seniority list and ouch employees will remain on the active seniority list for the of recall. In the event that any of the Companies affected by the merger have laid off employees prior to the the seniority of those on layoff will be dovetailed. Such employees will be on seniority list. If the Company subsequently requires additional employees, preference will be given subject to the recall provisions of Article first to those off on the seniority list, accordance with their seniority and qualifications. If and employee is on the inactive seniority list is recalled and reports for work in with this Article, his seniority will be dovetailed with the seniority of the active employees. In the event that the preceding in the o inion of either party fail to provide adequate of seniority rights at the of purchase and merger, then the seniority of the employees in the combined operations be by agreement between the successor Company and the Local union or Unions concerned. If mutual is not reached, the conditions outlined If the Company opens an additional type terminal, all present employees will be given the first opportunity of this work in with their seniority and qualifications. a job opening occurs on bids for a driver within a terminal, such opening be posted within tho for a seventy- two (72) hour period, Sundays and Holidays within the terminal w i l l be allowed to hid in accordance their The senior employee bidding on the vacancy w i l l move to the opening retaining his seniority. When a job opening occurs a t a laid- off a t other terminals will be given the right to f i l l vacancy in with Company seniority. The employee be given twenty- four (24) hours to render his Any employee who transfers under these conditions from one terminal t o another s h a l l be placed at the bottom of the seniority list for work and layoff. the above, is agreed that the Company shall forward a letter to the outlining in detail the conditions of the transfer, which letter be signed by the driver, before any transfer is effected. transferring under Sections and will. be given a sixty (60) day t r i a l period during which the employee may elect t o to his home and remain on the seniority list. the twenty- four (24) months from the date of transfer i f work picks up i n the employees home terminal he will be given the opportunity t o return to that terminal before new employees are hired. When the Company a work force on a basis, such work will be posted for bid and senior employees w i l l be given the first opportunity of such but no one shall be t o novo. It is also w i l l retain his seniority a t his own terminal. the work is i n an area with an established it is understood Chat temporary work force w i l l operate the bottom of the seniority a t terminal. A temporary job is to be thirty (30) calendar days or If no one on a temporary job, the job goes to General Dispatch and after five days on the job, a driver w i l l be dispatched t o his terminal, unless a t r i p to its destination takes longer or if the employee agrees t o do the trip. all temporary out of town jobs, employees a t the nearest established terminal shall be given the preference of bid openings by and qualifications. For the purpose of Sections and only of this Article, the Company agrees to pay a subsistence of fifty dollars ($50.00) per diem. The condition of the job bid w i l l include the number of days required for the purpose of applying the subsistence allowance. The Company w i l l be required t o pay such allowance for seven (7) days per week where it not arrange to get the employee back t o his home terminal. Further, the w i l l receive a minimum of ten hours pay i n twenty- four (24) hour period, Sundays and General Holidays excluded. the above, the subsistence allowance may be waived by mutual agreement between the Union and the Company.

Sectio n. If Commencing January each eligible employee covered by this Collective Agreement shall contribute from each pay cheque an amount equal t o four per cent (4%) of applicable wages t o the acquires Plan for of Participating Ontario Nursing Homes. The shall match such contributions, the amount being four per cent (4%) of applicable wages, Sect io n The definition of "applicable wages" for purposes of determining contributions t o Union designated Pension Plan shall be the basic straight wages for all hours worked including straight t i m e holiday pay vacation pay, All other payments of any nature are hereby excluded. Eligible employees shall mean all full- time and part- time employees, in bargaining unit, who have completed hours of service. The and contributions shall be paid by way of purchase or in any other manner t h e to the undertaking of other employer and such operations are merged, seniority of all active employees be dovetailed including those employees who are off due to sickness or injury. If the acquiring the or undertaking does not require all Plan within thirty days after last day of the employees after for which the merger, layoff will at the bottom of the dovetailed active seniority list and ouch employees will remain on the active seniority list for the of recall. In the event that any of the Companies affected by the merger have laid off employees prior to the the seniority of those on layoff will be dovetailed. Such employees will be on seniority list. If the Company subsequently requires additional employees, preference will be given subject to the recall provisions of Article first to those off on the seniority list, accordance with their seniority and qualifications. If and employee is on the inactive seniority list is recalled and reports for work in with this Article, his seniority will be dovetailed with the seniority of the active employees. In the event that the preceding in the o inion of either party fail to provide adequate of seniority rights at the of purchase and merger, then the seniority of the employees in the combined operations be by agreement between the successor Company and the Local union or Unions concerned. If mutual is not reached, the conditions outlined If the Company opens an additional type terminal, all present employees will be given the first opportunity of this work in with their seniority and qualifications. a job opening occurs on bids for a driver within a terminal, such opening be posted within tho for a seventy- two (72) hour period, Sundays and Holidays within the terminal w i l l be allowed to hid in accordance their The senior employee bidding on the vacancy w i l l move to the opening retaining his seniority. When a job opening occurs a t a laid- off a t other terminals will be given the right to f i l l vacancy in with Company senioritycontributions are payable. The employee be given twenty- four (24) hours to render his Any employee who transfers under these conditions from one terminal Union acknowledges and agrees that other than making its contributions t o another s h a l l be placed at the bottom of the seniority list for work and layoff. the above, is agreed that the Company shall forward a letter to the outlining Plan as set out in detail the conditions of the transfer, which letter be signed by the driver, before any transfer is effected. transferring under Sections and will. be given a sixty (60) day t r i a l period during which the employee may elect t o to his home and remain on the seniority list. the twenty- four (24) months from the date of transfer i f work picks up i n the employees home terminal he will be given the opportunity t o return to that terminal before new employees are hired. When the Company a work force on a basis, such work will be posted for bid and senior employees w i l l be given the first opportunity of such but no one shall be t o novo. It is also w i l l retain his seniority a t his own terminal. the work is i n an area with an established it is understood Chat temporary work force w i l l operate the bottom of the seniority a t terminal. A temporary job is to be thirty (30) calendar days or If no one on a temporary job, the job goes to General Dispatch and after five days on the job, a driver w i l l be dispatched t o his terminal, unless a t r i p to its destination takes longer or if the employee agrees t o do the trip. all temporary out of town jobs, employees a t the nearest established terminal shall be given the preference of bid openings by and qualifications. For the purpose of Sections and only of this Article, the Company Employer shall not be t o contribute toward the costs of benefits provided by the Plan or be responsible for providing any such benefits, S ection The Employer agrees to pay a subsistence of fifty dollars ($50.00) per diem. The condition t o provide t o the Administrator of the job bid Nursing Homes and Related Industries pension Plan on a timely basis with all information required pursuant t o the Pension Benefit s A c t , which the Administrator reasonably require i n order t o properly record and process pension contributions and pension ARTICLE FORMULA Accrual and payment of paid holidays and all benefits including shared cost arrangements for all employees shall be on a basis hours regularly worked i n relation t o seventy- five (75 hours The calculation of proration percentage shall determined by dividing the hours paid i n the previous predetermined s i x (6) month period by and then multiplying by (The predetermined six month period shall coincide with the pay period ending around June 30th and December and the recalculated proration percentage where applicable shall apply i n August for the pay period around June 30th and February for t h e pay period ending around December Hours paid i n calculating proration formula w i l l include Workers' Compensation and weekly Indemnity. When an is on: maternity leave adoption leave approved leave of absence in excess of thirty continuous calendar days Proration upon return, shall based on the number percentage in to commencement of days required leave. Employees who regularly work more than sixty - six hours shall have one hundred percent (100%) of the portion of insured benefits paid, Holiday and vacation entitlement for the purpose of applying the subsistence allowance. The Company w i l l be required t o pay such allowance who regu- larly work than sixty - six hours but less than seventy- five hours shall based on provisions for seven employees regularly working (7) days per week where it not arrange to get the employee back t o his home terminal. Further, the w i l l receive a minimum of ten hours pay i n twenty- four (24) hour period, Sundays and General Holidays excluded. the above, the subsistence allowance may be waived by mutual agreement between the Union and the Company75 hours.