Work by Excluded Personnel Clause Samples

Work by Excluded Personnel. Employees excluded from the Bargaining Unit as defined in Article 1 of this Agreement shall not perform work which is the work of employees in the Bargaining Unit except for the purpose of instructing employees or in clear and present emergencies when no qualified Bargaining Unit employees are available. It is understood, however, that excluded personnel may utilize equipment for instruction, experimentation and modification for research and advanced Development work performed on equipment located at any of the NAVSOC military installations listed in this bargaining agreement.
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Work by Excluded Personnel. 3.01 Supervisors and excluded personnel are not eligible for membership in the union, and shall not perform the regular work of an employee eligible for membership in the union. However, such a supervisory employee may perform operations for the purpose of instruction; or for necessary work due to the absence, vacation or disability. Any overtime work required due to the absence of an employee will be first offered to bargaining unit employees.
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Work by Excluded Personnel. 5.1 Employees excluded from the Bargaining Unit will not perform work normally performed by members of the Bargaining Unit. However, an excluded employee may do so where an emergency arises, or for the purpose of investigation, experimentation and instruction. As well, where there are insufficient qualified employees available to perform the required work and the Employer has offered the work to all qualified employees eligible to work overtime this will be considered an ‘emergency’ for the purposes of this Article. The Salary personnel performing the work will keep the appropriate Union Representative informed of the nature of such work, prior to the work being performed. Where the Company knows in advance that it will be having non- bargaining unit employees performing experimentation and/or instruction work it will provide the Plant Chairperson with notice of this fact as soon as possible. It is not the Company’s intent to replace bargaining unit members by having salaried employees performing regular bargaining unit work. 5.2 Should a non-bargaining unit employee perform bar- gaining unit work, for any reason, he shall, prior to performing the work, advise the appropriate Union Representative of the purpose and duration of such work. Additionally, such work will not reduce the hours of work or overtime opportunity of a bargaining unit employee or eliminate the need for hiring/recalling employees not currently active in our workforce. 5.3 In the course of training, should a non-bargaining unit employee perform work normally done by an employee, the employee shall observe the non-bargaining employee and will be paid at his regular earnings level while the non-bargaining unit employee is doing the work. 5.4 For the purpose of clarification any type of “5S”ing work on the production floor is considered bargaining unit work. Dependent on the location of such work, the bargaining unit employees in the department where the work is being done will be asked first by seniority during straight time hours for planned work in excess of four (4) hours. With respect to unplanned “5S”ing work, the Company will offer such work to employees in the department by seniority, provided such work can be assigned without disrupting the work of the department. The Company will assign “5S”ing work by low hours in the department for any weekend premium pay opportunities.
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Work by Excluded Personnel. 5.1 Persons excluded under the recognition clause of this Agreement (Article 2) shall not as a regular part of their jobs, perform the regular work of an employee covered by this Collective Agreement. 5.2 Such a supervisory employee may perform operations for the purpose of information or instruction as may be necessary in the discharge of his supervisory duties, and may also do experimental work, provided that the act of performing the aforementioned operation in itself does not reduce the hours of work of any employee. 5.3 Notwithstanding the above, where a supervisor does work normally performed by an employee, the employee shall observe the Product Coordinator (foremen) and will be paid at his regular earnings level while the supervisor is doing the work.
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Work by Excluded Personnel. It is understood that salary personnel shall not perform work which falls within the scope of the bargaining unit, except for training, simple repair or where an extraordinary circumstance is agreed upon by the Union and Company. The Company will provide the Union with a list of supervisory personnel, their general area of responsibility and their Organizational Chart. It is understood that the Company owners will continue to have working privileges in the plant as in the past. These privileges do not supercede the rights of the bargaining unit and its agent and will not be used to create a reduction in the bargaining unit nor to prevent a recall or extend a layoff.
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Work by Excluded Personnel. It is understood that salary personnel shall not perform work which falls within the scope of the bargaining unit, except for training or extraordinary circumstances. The Company wishes to continue with the practice of having working supervisors who may perform any operation in the plant. The aim is not to take the place of bargaining unit personnel or to continually perform bargaining unit work but to prevent any need for continually disputing what may or may not be construed as "extra ordinary circumstances"where supervisors might normally work such as in training or demonstrating. The Company will provide the Union with a list of supervisory personnel and their general area of responsibility. It is further understood that the Company owners will continue to have working privileges in the plant as in the past. These privileges supersede all employees whether in the bargaining unit or not.
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Work by Excluded Personnel. Employees excluded from the Bargaining Unit as defined in Article 1 of this Agreement shall not perform work which is the work of employees in the Bargaining Unit except for the purpose of instructing employees or in clear and present emergencies when no qualified Bargaining Unit employees are available. It is understood, however, that excluded personnel may utilize equipment for instruction, experimentation and modification for research and advanced Development work performed on equipment located at NAVSOC, Prospect Harbor, Maine.
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Work by Excluded Personnel. (a) It is understood that salary personnel shall not perform work which falls (b) The Company wishes to continue with the practice of having working supervisors who may perform any operation in the plant. The aim is not to take the place of bargaining unit personnel or to continually perform bargaining unit work but to prevent any need for continually disputing what may or may not be construed as “extra ordinary circumstances” where supervisors might normally work such as in training or demonstrating.
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Work by Excluded Personnel. It is understood that salary personnel shall not perform work which falls within the scope of the bargaining unit, except for training, simple repair or where an extraordinary circumstance is agreed upon by the Union and Company. The Company will provide the Union with a list of supervisory personnel, their general area of responsibility and their Organizational Chart.
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Related to Work by Excluded Personnel

  • Assistance by Executive During the period of Executive’s employment by Company and thereafter, Executive shall assist Company and its nominee, at any time, in the protection of Company’s (or its affiliates’) worldwide right, title and interest in and to Work Product and the execution of all formal assignment documents requested by Company or its nominee and the execution of all lawful oaths and applications for patents and registration of copyright in the United States and foreign countries.

  • Release by Executive (a) Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, Executive, for himself/herself and his/her heirs, executors, administrators, assigns, successors and agents (collectively, the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company and its Related Entities, and each of their respective agents, representatives, stockholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company Releasees”), both individually and collectively, from any and all waivable rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which Executive or any of Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), arising out of, based upon, or relating to his/her employment or the termination of his/her employment with the Company and its Related Entities and/or his/her service as an officer of any of the Company Releasees, any agreement or compensation arrangement between Executive and any of the Company Releasees, to the maximum extent permitted by law. (b) Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the National Labor Relations Act and the Equal Pay Act, as the same may be amended from time to time; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship, except those claims which may not be released herein as a matter of law. (c) Nothing contained in this Section 9 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code section 2802, the Company’s and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, any indemnification agreements, including the Employment Agreement; or any other applicable source, nor prevent Executive from cooperating in an investigation of the Company by the Equal Employment Opportunity Commission (“EEOC”).

  • Representations by Executive Executive warrants that Executive is legally competent to execute this Agreement and that Executive has not relied on any statements or explanations made by the Company or its attorneys. Executive acknowledges that Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release. Executive acknowledges that Executive has been offered at least 21 days to consider this Agreement. After being so advised, and without coercion of any kind, Executive freely, knowingly, and voluntarily enters into this Agreement. Executive acknowledges that Executive may revoke this Agreement within seven days after Executive has signed this Agreement and acknowledges understanding that this Agreement shall not become effective or enforceable until seven days after Executive has signed this Agreement (the “Effective Date”), as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any revocation must be in writing and directed to [_______________]. If sent by mail, any revocation must be postmarked within the seven-day period described above and sent by certified mail, return receipt requested.

  • Termination by Executive other than for Good Reason Executive’s employment may be terminated by Executive without further liability on the part of Executive (other than with respect to those provisions of this Agreement expressly surviving such termination) by written notice to the Board of Directors at least sixty (60) days prior to such termination; provided, however, the Company may waive the notice period and accelerate the termination date without converting the Termination by Executive into a Termination by the Company.

  • Assignment by Executive This Agreement shall inure to the benefit of and be enforceable by the Executive's executor and/or administrators, heirs, devisees, and legatees. If the Executive should die while any amount would be payable to Executive hereunder had the Executive continued to live, all such amounts, unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the Executive's estate. Executive's rights hereunder shall not otherwise be assignable.