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Section 54 Establishment of the combine works council. Section 29 2 to 4 shall apply, mutatis mutandis.

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Chosen Solution You can set the pdfjs. Section 71 Works meetings for young and trainee employees. Before or after each works meeting, the youth and trainee delegation may call a works meeting for young and trainee employees in agreement with the works council. The works meeting for young and trainee employees may also be called at another time in agreement with the works council and the employer.

The first and second sentences of section 43 2 , section 44 to 46 and the second sentence of section 65 2 shall apply, mutatis mutandis. Division Two Central youth and trainee delegation. Section 72 Conditions for establishment, number of members, weighting of votes. Where two or more members of the youth and trainee delegation have been appointed, the votes shall be apportioned among them in accordance with the first sentence. Section 73 Conduct of business and application of other provisions.

The meetings may be attended by the chairman of the central works council or another member of the central works council delegated for this purpose. Division Three Combine youth and trainee delegation. Section 73a Condition for establishment, number of members, weighting of votes. Any proposal to establish such delegation must be approved by the central youth and trainee delegations for the subsidiaries of the combine employing at least 75 per cent of the employees referred to in section 60 1.

Where a subsidiary of the combine only has a youth and trainee delegation, the said delegation shall assume the duties assigned to the central youth and trainee delegation under the provisions of this Division. It shall appoint at least one substitute for each member of the combine youth and trainee delegation and establish their order of succession to office. Section 73b Conduct of business and application of other provisions.

The meetings may be attended by the chairman of the combine works council or another member of the combine works council delegated for this purpose. Part Four Collaboration by employees and co-determination. Section 74 Principles of collaboration.

They shall discuss the matters at issue with an earnest desire to reach agreement and make suggestions for settling their differences. The employer and the works council shall refrain from activities that interfere with operations or imperil the peace in the establishment. They shall refrain from any activity within the establishment in promotion of a political party; the foregoing shall not apply to dealing with matters of direct concern to the establishment or its employees in the field of collective bargaining policy, social policy, environmental policy and of a financial nature.

Section 75 Principles for the treatment of persons employed in the establishment. They shall promote the independence and personal initiative of the employees and working groups.

Section 76 Conciliation committee. A standing conciliation committee may be established by works agreement. If no agreement can be reached on a chairman, he shall be appointed by the labour court. The latter shall also decide in cases where no agreement can be reached on the number of assessors. It shall adopt its decisions by majority vote after oral proceedings. The chairman shall not participate in the voting; in the case of a tie the discussion shall be resumed and the chairman shall participate in the subsequent vote.

The decisions of the conciliation committee shall be recorded in writing, signed by the chairman and transmitted to the employer and the works council. If one side fails to appoint members or if the members appointed by one side fail to attend after being convened in due time, the chairman and the members present shall make the award without them following the procedure laid down in subsection 3.

In taking its decisions the conciliation committee shall have due regard to the interests of the establishment and of the employees concerned as reasonably assessed. The employer or the works council may make an appeal to the labour court on the grounds that the conciliation committee has exceeded its powers, but only within two weeks of the date of notification of the award.

In such cases its award shall take the place of an agreement between the employer and the works council only if both sides have accepted the award in advance or accept it subsequently. Section 76a Costs of the conciliation committee. Where a conciliation committee is to be formed to settle differences of opinion between the employer and the central works council or combine works council, the first sentence shall apply, mutatis mutandis, to the assessors belonging to an establishment of the company or of a constituent company.

The amount of remuneration shall be based on the principles of the third to fifth sentences of subsection 4. Maximum rates shall be established in the remuneration regulations. In this case, the time required, the complexity of the dispute and the loss of earnings shall be taken into account, in particular.

The remuneration of the assessors shall be lower than that of the chairman. When establishing the maximum rates, the rightful interests of the members of the conciliation committee and the employer shall be taken into account.

Section 77 Execution of joint decisions, works agreements. The works council shall not interfere with the management of the establishment by any unilateral action. They shall be signed by both sides, except where they are based on an award of the conciliation committee. The employer shall display the works agreements in a suitable place in the establishment.

The foregoing shall not apply where a collective agreement expressly authorises the making of supplementary works agreements. Any rights granted to employees under a works agreement cannot be waived except with the agreement of the works council.

Such rights cannot be forfeited. Any time limits for invoking these rights shall be valid only in so far as they are laid down by collective or works agreement; the same shall apply to any reduction of the periods provided for the lapsing of rights. Section 78 Protective provisions.

They shall not be prejudiced or favoured by reason of their office; this principle shall also apply to their vocational development. Section 78a Protection of trainees in special cases.

Section 37 4 and 5 shall apply in particular, mutatis mutandis, to this employment. This obligation shall be maintained even after they have ceased to belong to the works council. It shall not apply as between members of the works council. The works council shall, if it so requests, be granted access at any time to any documentation it may require for the discharge of its duties; in this connection the works committee or a committee set up in pursuance of section 28 shall be entitled to inspect the payroll showing the gross wages and salaries of the employees.

The employer shall provide knowledgeable personnel as informers to the works council, if necessary for the proper discharge of its functions, having due regard to the suggestions of the works council, except where this is precluded by imperative operational requirements.

Before the employee takes up his employment, the employer shall instruct him on the safety and health hazards to which he will be exposed in his employment as well as on the measures and devices for the prevention of the said hazards and on the measures taken pursuant to section 10 2 of the Health and Safety Act. Subsection 1 shall apply, mutatis mutandis. The employee may call in a member of the works council to the discussion. He shall be entitled to state his case on any measure taken by the employer concerning him and to make suggestions on the design of his workplace and the organization of operations.

He may be accompanied by a member of the works council. The member of the works council shall be bound to observe secrecy with respect to the contents of these discussions except where the employee releases him from this obligation in his particular case. Section 83 Access to personal files. In this connection he may call in a member of the works council. The member of the works council shall be bound to observe secrecy with respect to the contents of the personal file except where the employee releases him from this obligation in his particular case.

Section 84 Right to make complaints. He may call on a member of the works council for assistance or mediation. The foregoing shall not apply in as far as the grievance relates to a legal entitlement.

The foregoing shall be without prejudice to section 84 2. Section 86 Supplementary agreements. The details of the grievance procedure may be fixed by collective agreement or works agreement. In this connection provision may be made for the conciliation committee to be replaced in cases covered by section 85 2 by a grievance committee at the level of the establishment.

Each employee shall have the right to propose issues to be discussed by the works council. If a proposal is seconded by at least 5 per cent of the employees in the establishment, the works council shall place it on the agenda of a works council meeting within two months.

Division Three Social matters. Section 87 Right of co-determination. Section 88 Works agreements on a voluntary basis. Section 89 Health and safety as well as environmental protection at work.

It shall support the competent occupational safety and health authorities, the statutory accident insurance institutions and other relevant bodies in their efforts to eliminate safety and health hazards by offering suggestions, advice and information.

The employer shall also consult the works council concerning all inspections and issues relating to environmental protection in the company, and shall immediately inform it of any conditions imposed and instructions given by the competent bodies relating to safety and health at work, the prevention of accidents, or environmental protection in the establishment. Division Four Structuring, organization and design of jobs, operations and the working environment.

Section 90 Information and consultation rights. In their consultations, the employer and the works council shall bear in mind the established findings of ergonomics relating to the tailoring of jobs to meet human requirements. Section 91 Right of co-determination. Where a special burden is imposed on the employees as a result of changes in jobs, operations or the working environment that are in obvious contradiction to the established findings of ergonomics relating to the tailoring of jobs to meet human requirements, the works council may request appropriate action to obviate, relieve or compensate for the additional stress thus imposed.

Division Five Staff policy. Subdivision One General staff policy. Section 92 Manpower planning. He shall consult the works council on the nature and extent of the action required and means of avoiding hardship. Section 92a Securing employment. These recommendations may refer to, in particular, a flexible design of working hours, the promotion of part-time work and old-age part-time work, new forms of work organisation, changes in working methods and working processes, the improvement of worker qualifications, alternatives to the spin-off of operations or outsourcing, as well as the production and investment plan.

The employer or the works council may be accompanied by a representative of the Federal Employment Agency in these consultations. Section 93 Notification of vacancies. The works council may request that all vacancies or vacancies for certain types of jobs are advertisesd internally before they are filled. Section 94 Staff questionnaires, assessment criteria. If no agreement is reached on their contents, the matter shall be decided by the conciliation committee.

Section 95 Guidelines for selection. If no agreement is reached on the guidelines or their contents, the employer may apply to the conciliation committee for a decision. If no agreement is reached on the guidelines or their contents, the matter shall be decided by the conciliation committee. In the case of employees who are not, by the nature of their employment relationship, as a rule permanently employed on the same job, the assignment of the job to be performed shall not be deemed to constitute a transfer.

Subdivision Two Vocational training. Section 96 Promotion of vocational training. At the request of the works council the employer shall determine the need for vocational training and consult it on matters relating to staff training. The works council may make relevant proposals. In this connection they shall also give due consideration to the interests of older employees, of part-time employees and of employees with family responsibilities.

Section 97 Vocational training facilities and programmes. Section 98 Implementation of vocational training in the establishment. If the employer proceeds with the appointment in violation of a mandatory court order, the labour court shall, on the request of the works council, sentence him, after giving prior warning, to pay a fine on account of the appointment; the maximum fine shall be EUR 10, If the employer does not remove the training officer, thereby violating a mandatory court order, the labour court shall, on application by the works council, compel the employer to comply with the order by the imposition of fines; the maximum fine shall be EUR in respect of each day on which the violation continues.

The foregoing shall be without prejudice to the provisions of the Vocational Training Act that relate to the organization of vocational training. Subdivision Three Individual staff movements. Section 99 Co-determination in individual staff movements.

In the case of recruitments and transfers the employer shall in particular supply information on the job and grading envisaged. Members of the works council shall refrain from divulging any information relating to the personal circumstances and private affairs of the employees concerned that has come to their knowledge in connection with the staff movements referred to in the first and second sentences, where such information is of a confidential nature by reason of its implications or contents; the second to fourth sentences of section 79 1 shall apply, mutatis mutandis.

If the works council fails to do so within the said time limit it shall be deemed to have given its consent. Section Temporary staff movements. In such cases the employer shall inform the employee concerned of the position in fact and in law.

If the works council contends the urgency of the action taken on grounds based on facts, it shall immediately report its objection to the employer.

In such cases the employer shall be allowed to maintain the temporary staff movement only on condition that within three days he applies to the labour court for a decision in lieu of the consent of the works council and for a declaration stating that the action taken was urgently required for reasons based on facts.

After that date it shall be unlawful to maintain the staff movement. If the employer fails to rescind the staff movement in violation of a mandatory court order, the labour court shall, on application by the works council, compel the employer to cancel the change by the imposition of fines.

The maximum fine shall be EUR in respect of each day on which the violation continues. Section Co-determination in the case of dismissal. The employer shall indicate to the works council the reasons for dismissal. Any notice of dismissal that is given without consulting the works council shall be null and void.

If it does not report its objections within the said time limit, it shall be deemed to have given its consent to the dismissal. If the works council has objections against an exceptional dismissal, it shall notify the employer in writing immediately and at any rate not later than within three days, giving its reasons. The works council shall consult the employee concerned before it takes a stand, in so far as this appears necessary.

The third sentence of section 99 1 shall apply, mutatis mutandis. On application by the employer the court may issue an interim order releasing him from his obligation under the first sentence of this subsection to maintain the employment relationship in the following cases:.

Section Exceptional dismissal and transfer in special cases. The employee concerned shall be a party to the proceedings in the labour court. Subsection 2 shall apply, mutatis mutandis, subject to the proviso that the employer may apply to the labour court for a decision in lieu of consent if the transfer is warranted by important operational reasons, even with due regard to the position of the employee concerned under the Works Constitution Act.

Section Removal of employees causing trouble in the establishment. If an employee through unlawful conduct or gross violation of the principles laid down in section 75 1 , in particular, through racist or xenophobic activities, repeatedly causes serious trouble in the establishment, the works council may request the employer to dismiss or transfer him.

If the labour court upholds an application by the works council to enjoin the employer to dismiss or transfer the said employee and the employer does not dismiss or transfer him in violation of a mandatory court order, the labour court shall, on application by the works council, compel the employer to comply with the order by the imposition of fines. Section Executive staff. The works council shall be notified in good time of all prospective recruitments or staff movements affecting executive staff covered by section 5 3.

Division Six Financial matters. Subdivision One Information on financial matters. Section Finance committee. It shall be the duty of the finance committee to consult with the employer on financial matters and report to the works council.

In the cases referred to in subsection 3, No. Section Appointment and composition of the finance committee. The executives referred to in section 5 3 are also eligible for membership on the finance committee. The committee members should have the necessary technical and personal qualifications for their functions. Where a central works council has been established, the members of the finance committee shall be appointed by the said council; in this case the term of office of the committee members shall end on the expiration date for the term of office of the majority of the members of the central works council who were entitled to participate in making the appointments.

Members of the finance committee may be removed from office at any time; the first and second sentences shall apply, mutatis mutandis, to removal from office. The membership of such committee shall not exceed the number of members of the works committee. The works council may, however, appoint additional employees including executive staff specified in section 5 3 to the committee but not more than the number of committee members; the decisions shall be taken in accordance with the first sentence of this subsection.

The additional employees referred to in the third sentence shall be bound to secrecy in accordance with section 79, mutatis mutandis. For amending or annulling decisions taken in accordance with the first to the third sentences of this subsection the same majority shall be required as for the adoption of decisions under the first to the third sentences of this subsection.

If a company has a central works council, the said council shall decide on the assignment of functions of the finance committee to other committees; the first to the fifth sentences shall apply, mutatis mutandis. He may be accompanied by competent employees of the company including members of the executive staff covered by section 5 3.

The participation of experts and their duty to observe professional secrecy shall be governed by section 80 3 and 4 , mutatis mutandis. Section Settlement of differences. If despite a request from the finance committee information on financial matters as defined in section is not furnished or not furnished in good time or if the information given is inadequate and if no agreement on the matter is reached between the employer and the works council, the matter shall be decided by the conciliation committee.

The conciliation committee may call in experts if it needs their evidence to reach a decision; section 80 4 shall apply, mutatis mutandis. Where the works council or the central works council has decided to assign the functions of the finance committee to another committee, the first sentence shall apply, mutatis mutandis.

Section Information of employees. If such company is under no obligation to set up a finance committee, the employees shall be informed after prior coordination with the works council. In establishments that normally have more than twenty employees with voting rights the employer shall inform the works council in full and in good time of any proposed alterations which may entail substantial prejudice to the staff or a large sector thereof and consult the works council on the proposed alterations.

In establishment that have more than employees, the works council may retain a consultant to support it; section 80 4 shall apply, mutatis mutandis, the foregoing shall be without prejudice to section 80 3. Industry-sponsored conservation studies and projects, such as those from the Aquacraft firm in Boulder, Colorado http: A series of water efficiency workshops and studies sponsored by Western Resource Advocates of Boulder, Colorado http: Across the Colorado River region there are numerous approaches to managing and conserving urban water supplies.

Some municipalities, such as Tucson, have aggressive and long-standing programs see Box The SNWA has instituted municipal and industrial conservation programs among the seven water and wastewater agencies that comprise its members SNWA, These differences reflect a large number of variables, including age of household water fixtures, conservation programs, municipal ordinances, water prices, and urban landscape expectations and norms.

They also suggest room for improvement in urban water conservation and efficiencies, and the value of disseminating lessons from successful urban water strategies in individual cities to other cities across the region. Knowledge of useful water conservation practices and techniques has diffused across the region through the efforts of groups such as the Colorado River Water Users Association.

Nevertheless, there have been few efforts to systematically compare and evaluate the breadth and variety of these water conservation initiatives. Efforts at comparing urban water management across the region, and sharing knowledge of successful experiences, could be enhanced by more formal water conservation program collaboration, and some mechanisms have been created to coordinate and support urban water programs see, for example, the activities of the California Urban Water Conservation Council; http: Such efforts point to the prospects for improved.

Water banking and groundwater recharge programs have been used for many decades in the western United States, and there has been an especially strong interest in these programs during the past decade. From a geological perspective, large amounts of water can often be infiltrated, via gravity, into under ground aquifers in many locations.

However, during drought conditions, large amounts of water may need to be withdrawn in a very short period of time, which often entails significant pumping costs. Groundwater storage programs aim to facilitate water transfers in response to short-term changes in supply-and-demand conditions, with the goal to bring together people seeking to purchase water with people interested in selling water entitlements Frederick, ; MacDonnell et al.

Salient featuresof recent initiatives involving banking and exchanging Colorado River basin water are discussed below. The State of Arizona created its first framework for water banking in , with passage of legislation to authorize underground storage and recovery projects.

This groundwater supply could subsequently be drawn upon for use during shortages of Colorado River flow, during Central Arizona Project service disruptions, to assist in meeting management objectives of the Arizona Groundwa-.

Water conservation programs for the City of Tucson, Arizona, offer an interesting case study for several reasons. First, some of the programs date back to the s and are among the oldest urban water conservation efforts in the region.

Second, these programs have included several different aspects including public education, water-saving technologies, water pricing, and regulation. Third, the Tucson Water Department has maintained an excellent database on its conservation programs and now, after four decades, has a compendium of valuable information. Finally, Tucson has constantly revised its policies and strategies to incorporate newer, efficient technologies, updated water pricing and revised regulations, for example, codes for low-water-use landscaping xeriscaping and drip irrigation systems.

In Tucson annual per capita water use reached an all-time high of gallons per day. The city was unprepared to ensure reliable service, a warm summer in led to increased water use rates, and both household and industrial growth were accelerating. Although reliability of service was largely a summertime peak demand issue, the city instituted year-round water conservation policies. By the AWBA was recharging about , acre feet per year of water http: Water is recharged into suitable geologic basins in western and southern Arizona, where it is not susceptible to evaporation and where it can be accessed with relatively modest pumping costs.

In the Secretary of the Interior published regulations defining the procedure for the lower basin states to engage in interstate offstream storage agreements see 43 CFR The City of Tucson began delivering reclaimed water in the mids; a large percentage of parks, golf courses, and other public spaces today are irrigated with reclaimed water.

Beyond the s, domestic household usage rose to about gallons per capita per day gpcd and has since been relatively stable. Xeriscaping is mandated by building code. Tucson maintains data for analysis e. For example, the Arizona Department of Water Resources code established standards for the reduction of per capita water use. Today Tucson is looking to a new conservation plan to guide water uses over the next two decades more information on Tucson Water is available at http: In the future, these and other innovative types of interstate groundwater storage and banking initiatives are likely to be im-.

A related concept being explored in the basin involves the creation of water reserves, which is not to be confused with the concept of reserved rights that can exist under the doctrine of prior appropriation Box discusses aspects of a recent water reserve proposal in the State of New Mexico.

The concept of water reserves generally entails the storage of water, either by excess flows in wet periods or via water rights sales, leases, or transfers, to be used at a later date for a specific purpose s. It is a variant on the water banking concept in that it is not necessarily fully market-based and may be designed to benefit public and nonmarket values e. A proposal to create a strategic river reserve in the State of New Mexico was offered in Think New Mexico recommended that the legislature enact and fund a strategic river reserve.

The concept was endorsed in the legislature and was promoted through editorials and community-based support. The New Mexico governor called for the reserve in his state-of-the-state address.

The fund is administered by the New Mexico Interstate Stream Commission, which will purchase or lease water rights that become available and redeploy them for public purposes including agriculture, endangered species, and assurance that the state meets its obligations for interstate water transfers, especially downstream in the Rio Grande and Pecos rivers to Texas.

There has been a wide range of engineering and political efforts designed to overcome the water supply limitations imposed by the aridity westward of the th meridian. There are technological means available to extend water supplies in the Colorado River basin and elsewhere, but all these options have limits.

Although limited opportunities exist to construct additional reservoirs or to implement interbasin water transfers into the Colorado River basin, these have diminished from a previous era.

Changing economics and demographic conditions may increase the viability of such traditional projects at some point in the future, but immediate prospects for major new water supply reservoirs or interbasin transfers are limited. Consequently, new water project prototypes that emphasize conservation, landscaping, new technologies, and other measures are being promoted across the West.

Desalination certainly represents an alternative for augmenting water supplies in some circumstances but it can be expensive and may not always be feasible. Disposal of brine water can be problematic, for example, and in many instances desalination is a realistic option only for coastal cities. Cloud seeding may offer marginal opportunities for increasing supply—especially in the upper basin states—but it does not appear to offer a reliable long-term means for increasing precipitation and water supplies.

Groundwater banking and offstream water reserve programs have proven useful in many instances and are being used in more areas and instances but they are limited by geologic conditions. Agricultural-urban water transfers are also likely to be effected more often in the future.

As noted in Chapter 2 , such transfers represent lucrative opportunities for both buyers and sellers and often entail third-party effects, all of which are important to consider when negotiating water leasing and transfer arrangements. Given the projections of both increasing regional population and increasing regional temperatures, along with tree-ring-based reconstructions that demonstrate the recurrence of severe drought conditions across the Colorado River region, urban water conservation will become only more important.

Future augmentation of urban water supplies can, and will, be achieved through a variety of water conservation, pricing, and other measures. Water consumption and conservation practices are strongly related to water prices, incentives, and regulations. If water prices markedly increase, people and businesses. Incentives can help reduce per capita water use, as can tighter regulations and fines for excessive water use.

There have been many studies and reports regarding what might be accomplished through nonstructural measures designed to conserve water e. Clearly, there are gains to be realized through aggressive water conservation measures.

There is no formal basin-wide strategy or program designed to promote urban water conservation across all cities. There are, however, programs such as the California Urban Water Conservation Council that supports statewide urban water use programs, and other, similar efforts could lead to further water use efficiencies.

But broadly speaking, none of the technological or strategic options for either increasing or conserving and extending water supplies examined in this chapter directly confronts the relationships between urban population growth, water demands, and limited water supplies in this arid region. Technological and conservation options for augmenting or ex tending water supplies—although useful and necessary—in the long run will not constitute a panacea for coping with the reality that water supplies in the Colorado River basin are limited and that demand is inexorably rising.

Proper water management under normal climate and hydrologic conditions poses many challenges, and under drought conditions, such challenges are greatly magnified. This is an especially important concern given regional warming trends and long-term climate studies indicating that long-term droughts recur periodically across the Colorado River basin.

Chapter 5 lists some important issues in adjusting to drought and identifies and discusses some of the key organizations and programs focused on improving drought preparedness in the Colorado River region.

Recent studies of past climate and streamflow conditions have broadened understanding of long-term water availability in the Colorado River, revealing many periods when streamflow was lower than at any time in the past years of recorded flows. That information, along with two important trends--a rapid increase in urban populations in the West and significant climate warming in the region--will require that water managers prepare for possible reductions in water supplies that cannot be fully averted through traditional means.

Colorado River Basin Water Management assesses existing scientific information, including temperature and streamflow records, tree-ring based reconstructions, and climate model projections, and how it relates to Colorado River water supplies and demands, water management, and drought preparedness.

The book concludes that successful adjustments to new conditions will entail strong and sustained cooperation among the seven Colorado River basin states and recommends conducting a comprehensive basinwide study of urban water practices that can be used to help improve planning for future droughts and water shortages.

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