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<br />88 <br /> <br />,; _.,.."",.,~,_..~__...__._",~~_..__,_,.~~...,.,.,u.~_._..~.~.\Y.".'"...,"'"...,."'."'"",,,..".'''.A....~....'.~'-"....,,.".,.......,~.."""."-,.,""".,';....",'.,..;,.,"""."..,",.,'...."".'"""',~..,,,.,,.,.''''...''''~,....~.".'''''';-''''~,...,.!.-"\"''-;''''''>.~,,.~...'''~...~ag~2 <br /> <br />I <br />If4 <br />tN <br />:..,,:~ <br />rt; <br />fl.. <br />~i <br />?~ <br />'t: <br /> <br />the work it determines it needs, as follows: South Bay wiU offer <br />employment according to the seniority lists in effect at the existing <br />provider to employees it needs who are currently working in the above <br />described bargaining unit, who have been on the job for at least 120 days <br />as of South Bay' s start~up date. South Bay shall only be required to offer <br />employment to those employees who are fully capable of performing work <br />in their regular classification on the start-up date. Following the start~up <br />date and continuing for one (J) year thereafter, should allY of the existing <br />provider's employees who were not hired by South Bay on the start-up <br />date because they were temporarily disabled, provide medical certification <br />demonstrating that said employee is able to return to active duty in his or <br />her regular classificatipn, South Bay shall return that employee to active <br />duty and displace the least senior employee in his/her regular <br />classification. Nothing in this paragraph shall require South Bay to <br />employ more persons than it deems are needed. It is also understood no <br />individual shall be hired from any other source prior to one (1) year from <br />the start-up date for work within the" above stated work classifications, <br />until all displaced workers holding seniority under the previous provider <br />shall have been offered employment. <br /> <br />3. <br /> <br />It is recognized by the parties that most') employees now performing the <br />work covered by this Memorandum are currently represented by the Union <br />and are working under coIJective bargaining agreements between the <br />Union and AHied Waste~ the CUtTent provider. <br /> <br />a) In the event South Bay becomes the successor to Allied Waste, <br />South Bay will, upon evidence that the Union continues to <br />represent a majority of such employees in the bargaining unit <br />hereinbefore described, South Bay will formally recognize the <br />Union as their bargaining representative. <br />