Working conditions that are more advantageous for the employee than required by law, and the applicable collective agreement can always be agreed on the spot. Equally advantageous terms and conditions of employment may also be agreed in the employment contract of an individual employee. Collective agreements of general application may contain provisions providing for local exceptions to normal working hours, shiftwork, periodic working hours, the daily working time of professional drivers or the maximum duration of the period of adjustment to the maximum working time. In such cases, local agreements may be concluded within the limits of the applicable collective agreement. All local agreements must comply with the procedural rules of the applicable collective agreement, with the exception of the provisions relating to negotiated procedures. The terms and conditions of global agreements may not apply to specific situations. Parties using a global agreement often rely on the fact that they have a framework agreement and, therefore, local representatives of the parties cannot spend time dealing (in writing) with the specific terms of an agreement entered into by their specific departments, subsidiaries or affiliates. For example, a subsidiary may place a cash order on terms and conditions that include an insufficient liability limit to cover the risks associated with that order. Because of the FCC`s restrictions on station ownership at the time (which prevented the co-ownership of several radio stations), local radio marketing agreements in which a small station sold all of its broadcast time to a third party as part of a time purchase were prevalent between the 1970s and the early 1990s. [4] These alliances have given major broadcasters the opportunity to expand their reach. and small broadcasters a way to obtain a stable source of revenue.
[4] In 1992, the FCC began allowing broadcasters to own multiple radio stations in a single market. After these changes, local marketing agreements for radio fell largely out of favor, as it was now possible for stations to simply buy another station instead of renting it, triggering a wave of mass consolidation in the radio industry. [4] However, broadcasters have always used local marketing agreements to return acquired stations to their new owners. [4] Employers may agree on the spot that individual employees regularly work longer than the upper limit for normal working hours set by the Working Time Act (§ 11). Agreements between an employer and individual employees are only possible if the applicable collective agreement does not specify the provisions relating to normal hours of work. In the absence of a collective agreement, the above-mentioned article of the Working Time Act sets the limits for the local arrangement of normal working hours. In a Canadian dispute in 2005, Rogers Media and Newcap Radiodiffusion entered into a joint distribution agreement for CHNO-FM in Sudbury, Ontario, but the interests of the community and the lobby group Friends of Canadian Broadcasting provided significant evidence to the Canadian Radio-television and Telecommunications Commission that the agreement was de facto an AML in practice. which went far beyond advertising sales in program production and news supply. MFAs in Canada cannot be implemented without CRTC approval, and in early 2005, the CRTC ordered the termination of the agreement.
[133] Emily R. Lowe represents clients in commercial transactions involving the acquisition, use, protection, development and commercialization of technologies and biotechnologies. Emily helps national and international companies bring their products to market through a variety of commercial vehicles, including manufacturing and supply agreements and distribution strategies, as well as development and licensing agreements. A municipality estimates a tax on its major municipal list at a rate sufficient to collect an amount equal to the difference between the total property tax of the municipality to the State under this chapter and the amount levied on the education property tax in the municipality as a result of reductions for all tax regimes applicable in the municipality under subdivision (c) of this division. Such a tax, determined in accordance with this section, shall appear on the tax bill of the municipality as a separate tax for municipal tax treaties. 32 See S.A. § 5404a(d). Location-specific terms. The parties may negotiate provisions specific to the Facility and the Project. Regulations may be developed to meet unique business needs based on specific products and services and to accommodate local regulations that may apply to the Services.
Whether an organization opts for a global agreement, local agreements, or a combination of both, the parties must be careful to avoid some common pitfalls: Sinclair`s use of local marketing agreements would lead to legal problems in 1999 when Glencairn, Ltd. (since restructured into Cunningham Broadcasting) announced that it would acquire Fox`s Oklahoma-TV subsidiary KOKH-TV. Oklahoma by Sullivan Broadcasting; Glencairn then announced its intention to sell five of its 11 existing Sinclair-operated stations directly to the company under LMA. Given that the family of Sinclair Broadcast Group founder Julian Smith controlled 97% of Glencairn`s stock assets (which continues to be the case under its Cunningham structure) and that the company, in turn, had to be paid with sinclair shares for purchases, KOKH and KOCB, a subsidiary of WB owned by Sinclair (now a subsidiary of CW) would effectively constitute a duopoly in violation of the rules of the FCC. The Rainbow/PUSH coalition (led by Jesse Jackson) filed challenges against the sale with the FCC, highlighting concerns about a single company holding two broadcast licenses in a single market, arguing that Glencairn presented itself as a separate minority-owned company (Edwards, who was president of Glencairn, is African-American), even though it was actually a branch of Sinclair, which the company used to take control of the stations through LMA. [6] [7] After the FCC updated its media ownership rules in August 1999 to allow a single company to own two television stations in the same market, Sinclair restructured the transaction to acquire KOKH entirely. In 2001, the FCC fined Sinclair $40,000 for illegally controlling Glencairn. [8] An AML is most often used in television broadcasting to create a “virtual duopoly” in which the broadcasters operating under the agreement are grouped into a single entity. Stations can be streamlined for reasons of profitability by sharing resources such as facilities, advertising sales, staff and programming. [10] Many broadcasters involved in this practice consider that such agreements are beneficial for the survival of broadcasters, particularly in small markets where the overall audience reach is significantly lower than that of markets concentrated in densely populated metropolitan areas, and the savings achieved through the consolidation of resources and staff; may be necessary to finance the continued operation of an issuer. [10] [11] In response to criticism of the virtual duopoly and sharing agreements, the FCC began to consider possible changes to fill these gaps.
In March 2013, the Commission presented for the first time a proposal that would result in joint sale agreements being accounted for in the same way as ownership. [83] For example, depending on the structure of the outsourcing contract, the programming of the negotiated broadcaster, the consolidation of channels and the number of news programmes presented on the mediatized broadcaster, this may vary: national labour market organisations may deviate from several provisions of the Annual Leave Act (162/2005) in public and private collective agreements. Some questions can be arranged in the workplace. A comprehensive agreement or framework agreement should clearly indicate whether and when the terms of the global agreement prevail in the event of a conflict with local agreements. A common approach is for the global agreement to take control in the event of a conflict, unless the local agreement explicitly provides otherwise, but how conflicts are resolved may depend on the number of local agreements and the degree of central oversight given to the process of negotiating local agreements. Public interest organizations disapproved of the use of AMAs for virtual duopolyes that circumvent FCC rules because of their impact on the broadcasting industry, particularly the results of consolidation through the irregular use of AMLs. [10] [11] In markets where duopolys are not legally possible, a company may choose to form one by acquiring a broadcaster`s “unlicensed” assets (such as its physical facilities, programming rights and other intellectual property rights) and selling the license itself to a third sidecar company (which is often associated with the buyer), who in turn enters into an AML or similar agreement with the senior partner […].