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<br />AUi-29-Z006 16:40 <br /> <br />September 25, 2006 - A IT ACHMENT 2 <br /> <br />P.005/007 F:l73 7 A <br />Page 39 <br /> <br />3. All emploY"'...,e& hired by the Contractor pursuant to this provision shall retain for <br /> <br />all relevant purposes their seniority in existe~ iImnediately prior to the expiration of the current <br /> <br />Franchise Agreement. <br /> <br />4. An exception to the requirements of this provision shall be applicable in cases <br /> <br />where the Contractor can demonsind:e to the JP A' s satisfaction that an employee presents a <br /> <br />significant danger to customers or co-workers. <br />5. The Contractors obligations undert:bi! proVision shall not be S'I1bject to <br /> <br />avoidance by the use of subcontractors to perform the work covered by the Franchise <br /> <br />Agreement. Any such subcontractor appro'Ved by the JP A shall be bound by and subject to the <br /> <br />employee retention provisions of the Franchise Agreement in this respect. The Contractor shall <br /> <br />be responsible for such compliance, and shall be liable to the JP A and/or an affected employee <br /> <br />for any failure of the subcontractor to r.mrlntain compliance. <br /> <br />II. Em-ployee WatreS and Benefits <br /> <br />The ContraCtor awarded the franchise pursuant to the RFP shall be required to comply <br /> <br />with the wages) benefits, and teI'IIlS and conditions of employment contained in the collective <br /> <br />bargaining agreement with the current contractor for the remainder of its term. Nothing in this <br /> <br />provision,. however, shall prevent the Conttact:or aDd the representative of the employees covered <br /> <br />by the Franchise AgIeem.ent from modifying or amending the existing agreement, or otherwise <br /> <br />entering into a new agreement during the term of the Franchise Agreement <br /> <br />.In the event the existing collective bargainiug agreement to which the current contractor <br />is signatory expires or otherwise becomes inapplicable, the wages and benefits for the relevant <br /> <br />group of employees sb.a11 in no event be less than those prevailing for comparable work and job <br /> <br />classifications within. San Mateo and its immediate neighboring counties. The level of such <br /> <br />Page 2 cf4 <br /> <br />4~JUltl.r1"", <br />