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<br /> <br />~ <br />!~~ <br />~ <br /> <br />Page 8 <br /> <br />the work it determines it needs, as follows: South Bay will offer <br /> <br />employment according to the seniority lists in effect at the existing <br /> <br />provider to employees it needs who are cUITently working in the above <br /> <br />described bargaining unit, who have been on thejob for at least 120 days <br /> <br />as of South Bay's start-up date. South Bay shall only be required to offer <br /> <br />employment to those employees who are fully capable of performing work <br /> <br />in their regular classification on the start~up date. Following the start-up <br /> <br />date and continuing for one (1) year thereafter, should any of the existing <br /> <br />provider's employees who were not hired by South Bay on the start-up <br /> <br />date because they were temporarily disabled, provide medical certification <br /> <br />demonstrating that said employee is able to return to active duty in his or <br /> <br />her regular classification, South Bay shall return that employee to active <br /> <br />duty and displace the least senior employee in his/her regular <br /> <br />classification. Nothing in this paragraph shall require South Bay to <br /> <br />employ more persons than it deems are needed. It is also understood no <br /> <br />individual shall be hired from any other source prior to one (1) year from <br /> <br />the start-up date for work within the above stated work classifications) <br /> <br />until all displaced workers holding seniority under the previous provider <br /> <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 collecti ve bargaining agreements between the <br />Union and Allied Waste. the current provider. <br /> <br />a) In the event South Bay becomes the successor to Allied Waste, <br /> <br />South Bay will~ upon evidence that the Union continues to <br /> <br />represent a majority of such employees in the bargaining unit <br /> <br />hereinbefore described, South Bay wiIl formally recognize the <br /> <br />Union as their bargaining representative. <br />