Agdapkt 2010-12-06 clsd and regular

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6.3A Page 24 1 required by this Agreement in a safe, thorough, professional and efficient manner. The 2 minimum number of workers to be provided in each job classification shall be as shown 3 on Attachment 9. 4 B. Contractor shall offer employment to qualified employees of the Previous Contractor 5 who would otherwise become unemployed by reason of the change in contractors, 6 provided that (1) the Contractor shall not be obligated to offer employment to more 7 existing employees than the Contractor needs to perform the services required under ' 8 the Agreement, and (2) the Contractor shall not be obligated to offer employment to 9 workers who have not been employed at the Shoreway Center by the Previous 10 Contractor for at least one-hundred-twenty (120) days immediately prior to the ', 11 Commencement Date. 12 For purposes of this subsection B, the term "qualified employee" means an employee 13 who (1) is eligible for employment under federal and state law, (2) meets the 14 Contractor's minimum employment standards for new employees, (3) has not been 15 convicted of a crime that is related to the job or jab performance, (4) is in a bargaining 16 unit covered by collective bargaining agreements between the Previous Contractor and 17 Teamsters Local 350 or Machinists Local 1414 and (5) does not present a 18 demonstrable danger to customers, co-workers or employees of the Authority or the 19 Collection Contractor. The term "qualified employee" does not include management or 20 supervisory personnel, non-represented employees, or workers furnished by an 21 employment agency operating as an independent contractor. 22 C. Contractor shall not discharge any workers employed pursuant to subsection B for at 23 least ninety (90) days after the Commencement Date, except for cause. 24 D. Contractor shall maintain a list of the Previous Contractor's qualified employees who 25 were not offered employment by the Contractor pursuant to Section 5.11 B prior to the 26 Commencement Date (January 1, 2011) or during the two (2) months following the 27 Commencement Date. If any positions become available during the three (3) months 28 following the initial two (2) month operation period (i.e., from March 1, 2011 through 29 May 30, 2011), Contractor shall offer employment to qualified employees on the list by 30 seniority within the collective bargaining unit (if it exists). 31 E. Contractor shall pay employees who (1) are retained by Contractor pursuant to this 32 Section 5.11 and (2) were in bargaining units covered by collective bargaining 33 agreements in effect as of the Effective Date between the Previous Contractor and 34 Teamsters Local 350 or Machinists Local 1414, wages and benefits no less than those 35 included in the collective bargaining agreements in place in 2010. 36 F. This Agreement does not obligate Contractor to become a party to a collective 37 bargaining agreement entered into by the Previous Contractor 38 G. Contractor shall adopt policies and procedures consistent with State and federal law 39 that ensure a sober and drug-free workplace. This includes strictly prohibiting unlawful 40 manufacture, distribution, possession, or use of any controlled substance in the 41 workplace, regardless of whether the employee is on duty at the time. Further, the 42 poticies and procedures shall prohibit an employee from operating either Authority or 43 Contractor equipment and vehicles (whether on or off duty) while under the influence of 44 alcohol or drugs. The purpose of these policies and procedures is to ensure workplace 45 safety, productivity, efficiency, and the quality of Contractor's service to customers. 46 H. Contractor shall be responsible for providing sufficient training to all workers so that 47 they can perform the work in a safe and competent manner and are thoroughly familiar Operating Agreement for Shoreway Center Page - 15 - 7/30/09