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COLLECTIVE BARGAINING AGREEMENT Between NEW YORK UNIVERSITY And LOCAL 810 I.B.T
July 1, 2002-June 30, 2007

ARTICLE 3 - TEMPORARY EMPLOYEES

Temporary employees may be hired to replace employees absent on disability, Workers' Compensation, or leave of absence, or to perform work on new construction, renovations or special projects.

However, in the event temporary employees are hired to work on new construction, renovation or special projects, the following conditions precedent shall be required:

1. No bargaining unit employee is on lay-off, nor can the use of temporary employees result in a lay-off.

2. Temporary employees must be assigned to work with regular unit employees. New construction, renovation or special projects shall not be completed with the use of temporary employees exclusively.

3. The Union shall be notified, in advance, in the event the University seeks to employ temporary employees. The University shall designate the work which they are hired to perform and the number of temporary employees it seeks to employ.

4. The Union retains the right to bar the use of temporary employees for any new construction, renovation or special projects it reasonably deems will have an adverse impact upon its members. The University will not begin a project utilizing temporary employees over the objection of the Union, but it may contest the reasonableness of the Union's objection through arbitration. In any arbitration under this paragraph, the University shall have the burden of proving that the objection of the Union is unreasonable.

5. Unless the Union objects in writing, within five (5) days after receiving notice by fax or other written communication, the project will be considered approved. If a dispute then arises, it shall be resolved through the grievance procedure.

6. All terms and conditions of employment contained in this Agreement shall apply to temporary employees, except they shall have no seniority rights, are not eligible for a personal holiday, and will not be on lay-off status when terminated.

7. In the event an absent employee, who has been replaced by a temporary employee, does not return to work, the job will be posted and the temporary employee will have preference only with regard to new hires.

8. It is not the intent of the University to use temporary employees to perform day-to-day routine duties of the regular staff.

9. Temporary employees will be required to sign forms explaining their status at the time of hire. A copy of the form will be sent to the Union and appropriate Shop Steward.

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