Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

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1 B. Contractor shall offer employment to qualified employees of the Previous Contractor 2 who would otherwise become unemployed by reason of the change in contractors, 3 provided that (1) the Contractor shall not be obligated to offer employment to more 4 existing employees than the Contractor needs to perform the services required under 5 the Agreement, and (2) the Contractor shall not be obligated to offer employment to 6 workers who have not been employed at the Shoreway Center by the Previous 7 Contractor for at least one-hundred-twenty (120) days immediately prior to the 8 Commencement Date. 9 For purposes of this subsection B, the term "qualified employee" means an employee 10 who (1) is eligible for employment under federal and state law, (2) meets the 11 Contractor's minimum employment standards for new employees, (3) has not been 12 convicted of a crime that is related to the job or job performance, (4) is in a bargaining 13 unit covered by collective bargaining agreements between the Previous Contractor and 14 Teamsters Local 350 or Machinists Local 1414 and (5) does not present a 15 demonstrable danger to customers, co-workers or employees of the Authority or the 16 Collection Contractor. The term "qualified employee" does not include management or 17 supervisory personnel, non-represented employees, or workers furnished by an 18 employment agency operating as an independent contractor. 19 C. Contractor shall not discharge any workers employed pursuant to subsection B for at 20 least ninety (90) days after the Commencement Date, except for cause. 21 D. Contractor shall maintain a list of the Previous Contractor's qualified employees who 22 were not offered employment by the Contractor pursuant to Section 5.11 B prior to the 23 Commencement Date (January 1, 2011) or during the two (2) months following the 24 Commencement Date. If any positions become available during the three (3) months 25 following the initial two (2) month operation period (i.e., from March 1, 2011 through 26 May 30, 2011), Contractor shall offer employment to qualified employees on the list by 27 seniority within the collective bargaining unit (if it exists). 28 E. Contractor shall pay employees who (1) are retained by Contractor pursuant to this 29 Section 5.11 and (2) were in bargaining units covered by collective bargaining 30 agreements in effect as of the Effective Date between the Previous Contractor and 31 Teamsters Local 350 or Machinists Local 1414, wages and benefits no less than those 32 included in the collective bargaining agreements in place in 2010. 33 F. This Agreement does not obligate Contractor to become a party to a collective 34 bargaining agreement entered into by the Previous Contractor 35 G. Contractor shall adopt policies and procedures consistent with State and federal law 36 that ensure a sober and drug-free workplace. This includes strictly prohibiting unlawful 37 manufacture, distribution, possession, or use of any controlled substance in the 38 workplace, regardless of whether the employee is on duty at the time. Further, the 39 policies and procedures shall prohibit an employee from operating either Authority or 40 Contractor equipment and vehicles (whether on or off duty) while under the influence of 41 alcohol or drugs. The purpose of these policies and procedures is to ensure workplace 42 safety, productivity, efficiency, and the quality of Contractor's service to customers. 43 H. Contractor shall be responsible for providing sufficient training to all workers so that 44 they can perform the work in a safe and competent manner and are thoroughly familiar 45 with the work which the Contractor is required to perform and the standards it is 46 required to meet under this Agreement. Operating Agreement for Shoreway Center Page - 15 - 7/30/09