Business CBA Draft

BUSINESS COLLECTIVE BARGAINING AGREEMENT (DRAFT)

THIS AGREEMENT is entered into on this day, , by and between Employer: , with principal place of business at , and Union: , duly authorized to represent the bargaining unit described below.

WHEREAS

WHEREAS, Employer operates within the business activities of and employs persons performing functions covered by this Agreement; and

WHEREAS, Union is the certified or recognized collective bargaining representative of employees in the bargaining unit described herein and seeks to establish terms and conditions of employment through collective bargaining; and

WHEREAS, the parties desire to set forth their mutual rights and obligations with respect to wages, hours, working conditions, and procedures for resolving disputes;

SCOPE OF WORK

The bargaining unit covered by this Agreement shall include the following classifications and job functions. The Employer agrees to recognize Union as the exclusive bargaining representative for all employees in the unit described below. The parties agree that the unit includes:

Employer shall assign work, prepare job descriptions, and establish minimum qualifications for each classification. Changes to classifications or material changes to job duties that affect wages or working conditions shall be subject to bargaining pursuant to Article on Grievance and Negotiation.

PAYMENT TERMS

The parties agree the following compensation provisions shall apply to employees covered by this Agreement.

Employer shall make all payments due under this Agreement in lawful currency, in arrears on the schedule above. In the event Employer fails to pay wages or other amounts when due, interest and late fees as specified above shall accrue from the date such payment was due until paid in full. The parties agree that disputed payments will be subject to the grievance procedures set forth below; payment not timely paid and not subject to a timely, good-faith dispute is subject to the late fee and collection remedies herein.

TERM AND TERMINATION

This Agreement shall become effective on and shall continue in full force and effect through , unless earlier terminated in accordance with this Article.

Either party may terminate this Agreement for cause upon written notice specifying the nature of the breach and providing a cure period of thirty (30) days, unless otherwise stated. Termination without cause may be effected only by providing the notice period set forth above in writing to the other party. Termination shall not relieve either party of obligations that accrued prior to the effective date of termination.

CONFIDENTIALITY

For the purposes of this Agreement, "Confidential Information" means non-public business, financial, operational, personnel, and trade-secret information disclosed by one party to the other in connection with collective bargaining, administration, discipline, or enforcement of rights under this Agreement. Both parties agree to hold Confidential Information in strict confidence and to use such information solely for purposes reasonably related to the administration or enforcement of this Agreement.

Confidentiality obligations shall not apply to information that is already public through no fault of the receiving party, was lawfully in the receiving party's possession prior to disclosure, or is required to be disclosed by applicable law or valid court order; provided, however, that the party compelled to disclose shall, to the extent permitted by law, provide prompt notice to the other party and reasonably cooperate to seek protective measures.

GRIEVANCE AND DISPUTE RESOLUTION

The parties agree to make good faith efforts to resolve disputes arising under this Agreement through the grievance procedure set forth below. Initial grievances shall be submitted in writing to the designated steward or supervisor and escalated through successive levels of management and union representation. If no resolution is reached within thirty (30) days of submission to senior management, the dispute may be submitted to mediation. If mediation fails, the matter may be submitted to binding arbitration before a mutually agreed arbitrator, whose decision shall be final and binding on the parties.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties concerning the subjects addressed herein and supersedes all prior oral or written understandings and agreements. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign rights or delegate duties under this Agreement without the prior written consent of the other party, except that Employer may assign this Agreement in connection with a sale of substantially all assets subject to the transferee's assumption of the Employer's obligations hereunder.

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