CBA Settlement Agreement

CBA SETTLEMENT AGREEMENT

This CBA Settlement Agreement (the "Agreement") is entered into as of Effective Date: by and between Employer Name: , Employer Entity Type: Corporation LLC Other, and Union Name: , on behalf of the bargaining unit described as: .

RECITALS

WHEREAS, the Union and Employer are parties to a collective bargaining agreement governing terms and conditions of employment for the bargaining unit identified above, and a dispute has arisen concerning:

WHEREAS, the Parties have engaged in negotiations and/or proceedings and desire to resolve all disputes, grievances, claims, and demands associated with or arising out of the matters described above and any related employment actions occurring on or before the Effective Date set forth herein.

WHEREAS, the Parties wish to memorialize the terms of settlement to avoid further proceedings, litigation, or arbitration.

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Settled Claims" means all claims, charges, demands, grievances, actions, causes of action, suits, arbitrations, or proceedings of any kind, whether known or unknown, arising out of the facts or matters asserted in the dispute described above and occurring on or before the Effective Date. The scope of Settled Claims is further described as:

1.2 "Employees" means those individuals within the bargaining unit who are identified in Exhibit A attached hereto and incorporated by reference. List or description of Employees:

2. SETTLEMENT PAYMENT

2.1 In full and final settlement of the Settled Claims, Employer shall pay a total gross amount of $ (the "Settlement Payment") to the payee(s) identified in Section 2.3, subject to lawful withholdings where applicable.

2.2 Payment Schedule: Employer shall make the Settlement Payment in the following manner: . Time is of the essence with respect to the payment deadlines set forth herein.

2.3 Allocation and Tax Treatment: Unless otherwise agreed in writing, the Parties agree that the settlement allocation, tax treatment, and issuance of any tax reporting forms shall be determined as follows:

3. RELEASES

3.1 Release by Union and Employees. Upon receipt of the Settlement Payment as provided herein, the Union, on behalf of itself and the Employees, fully and forever releases and discharges Employer, and its past and present officers, directors, employees, agents, insurers, successors and assigns, from all Settled Claims.

3.2 Scope of Release. The release set forth in Section 3.1 includes all claims for wages, benefits, reinstatement, discipline, damages, costs, attorneys' fees, and any other relief, whether arising under federal, state, local law, collective bargaining agreement, contract, tort, or equity, which relate to the facts described in the Recitals or that arose on or before the Effective Date.

4. NO ADMISSION OF LIABILITY

4.1 This Agreement and the settlement contemplated hereby are compromised for the purpose of avoiding further dispute and expense. Neither the payment of any amount nor any term of this Agreement shall constitute an admission by Employer of any violation of law, wrongful act, or liability.

5. CONFIDENTIALITY

5.1 The Parties agree that the terms and existence of this Agreement shall be confidential and shall not be disclosed to any third party except as required by law or as reasonably necessary to effectuate the terms of this Agreement, including disclosure to Employees, counsel, accountants, or tax preparers. Permitted disclosures (if any) are described here:

6. REMEDIES FOR DEFAULT

6.1 If either Party materially breaches this Agreement, the non-breaching Party shall provide written notice of default as set forth in Section 11. The breaching Party shall have thirty (30) days from receipt of such notice to cure the breach. If the breach is not cured within the cure period, the non-breaching Party may pursue any rights or remedies under this Agreement or applicable law, including specific performance or damages.

7. ATTORNEYS' FEES AND COSTS

7.1 Each Party shall bear its own attorneys' fees and costs incurred in connection with the dispute and the negotiation of this Agreement, except as otherwise expressly provided herein. Specific fee allocations:

8. NOTICES

All notices or communications required or permitted under this Agreement shall be in writing and delivered by hand, nationally recognized overnight carrier, or certified mail, return receipt requested, to the Parties at the addresses set forth below or to such other addresses as may be designated by written notice pursuant to this Section.

9. AMENDMENTS; WAIVER

9.1 This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. A waiver of any provision shall be effective only if in writing and signed by the Party granting the waiver.

10. GOVERNING LAW

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

11. ENTIRE AGREEMENT; SEVERABILITY

11.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements, understandings, representations, and warranties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. COUNTERPARTS

12.1 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be binding for all purposes.

13. MISCELLANEOUS

13.1 Each Party represents and warrants that it has full authority to enter into and perform this Agreement and that the person signing on behalf of each Party is authorized to execute this Agreement and bind that Party.

Sign Now