Agmt10 Recology San Mateo County

Browse Search

• • 2543 Contractor shall not discharge any retained workers for at least ninety (90) Days 2544 after the Commencement Date, except for cause. 2545 Additional employees, if needed, shall be obtained by Contractor pursuant to 2546 procedures in effect under the collective bargaining agreement of the Agency's 2547 Previous Contractor that provided Solid Waste Collection services prior to the 2548 Effective Date. 2549 Contractor shall maintain a list of the Previous Contractor's qualified employees 2550 who were not offered employment by the Contractor pursuant to this section prior to 2551 the Commencement Date or during the two (2) months following the 2552 Commencement Date. If any positions become available during the three (3) 2553 months following the initial two (2) month contract period (i.e., from March 1, 2011 2554 through May 30, 2011), Contractor shall offer employment to qualified employees 2555 on the list by seniority within the collective bargaining unit (if it exists). Contractor 2556 shall include this language in the collective bargaining agreements, if any such 2557 agreement exists or is negotiated. 2558 Contractor shall pay employees who (i) are retained by Contractor pursuant to this 2559 Section 8.06 and (ii) were in bargaining units covered by collective bargaining 2560 agreements in effect as of the Effective Date between the Previous Contractor and 2561 Teamsters Local 350 or Machinists Local 1414, wages and benefits no less than 2562 those included in the collective bargaining agreements in place in 2010. 2563 This Section 8.06.B does not apply to management and supervisory personnel, 2564 non - represented employees, or workers furnished by an employment agency 2565 operating as an independent contractor. 2566 C. Collective Bargaining Agreements. This Agreement does not obligate Contractor 2567 to become a party to a collective bargaining agreement entered into by the Previous 2568 Contractor. If Contractor negotiates a new collective bargaining agreement with a 2569 union representing employees of the Previous Contractor, or an amendment to a 2570 collective bargaining agreement currently in force, either of which increases wages 2571 or benefits payable prior to October 2013 above those required by the collective 2572 bargaining agreement currently in force, the Agency is not required to include costs 2573 attributable to the increased wages or benefits in Contractor's Compensation for 2574 Rate Years One (2011) through Three (2013). 2575 D. Approval of Management. Contractor recognizes the importance of establishing a 2576 successful relationship between its management and Agency and SBWMA staff. 2577 Before extending an offer of employment for the position of general manager, both 2578 initially and throughout the Term, Contractor shall provide the SBWMA with the 2579 description of the proposed position, an opportunity to review and comment upon 2580 the position description, the background, experience and qualifications of each 2581 candidate being considered for the position, and an opportunity to meet with each 2582 candidate. Contractor shall give thoughtful consideration to the SBWMA's 2583 comments on the descriptions of the proposed position and each candidate, but 2584 shall have the ultimate right to make employment decisions in its best business 2585 judgment. 2586 If the Agency is dissatisfied with the performance of the management personnel, the 2587 Agency shall contact the general manager to discuss the employee's performance. Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 64 of 115