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Ordinance No. NS-XXX <br />Page 40 of 42 <br /> <br /> <br /> (d) At the end of such 180-day period, the new operator (or subcontractor, where <br />applicable) shall perform a written performance evaluation for each employee retained <br />pursuant to the ordinance from which this section derives. If the employee's performance <br />during such 180-day period is satisfactory, the new operator (or subcontractor) shall offer <br />the employee continued employment. <br /> <br /> (e) In the event that, during the 180-day transition period described in above, the <br />new operator determines that fewer positions are needed to deliver and maintain the <br />contracted service, the new operator shall retain qualified displaced workers by seniority. <br />Seniority shall be determined by reference to the collective bargaining agreement <br />covering the qualified displaced workers, if one exists, or, if no such agreement exists, <br />then by reference to the initial hire date with the incumbent operator of each qualified <br />displaced worker. Any qualified displaced workers not retained by the new operator shall <br />be placed on a preferential hiring list and considered by the new operator for any job <br />openings that may arise. <br /> <br /> (f) Each new operator must provide all employees of a waste services provider <br />with wages in an amount and benefits at a value of not less than the greater of those (a) <br />in effect at the point of execution of the transfer document or (b) in any collective <br />bargaining agreement, whether effective or expired, between an incumbent operator and <br />such employees. For purposes of this article, "wages and benefits" includes all wages or <br />compensation referenced in the existing collective bargaining agreement including <br />provisions addressing how overtime shall be calculated, employer and employee <br />contributions for medical insurance and retirement benefits, any tool, shoe or uniform <br />allowance, sick leave, vacation time and personal or family leave. <br /> <br /> Sec. 16-41.5. - Retaliation and discrimination barred; no waiver of rights; <br />enforcement. <br /> <br /> (a) No incumbent operator or new operator shall discharge or otherwise <br />discriminate against anyone for making a complaint, participating in any city proceeding, <br />or using any civil remedy to enforce his or her rights, or for otherwise asserting his or her <br />rights under the ordinance from which this section derives. <br /> <br /> (b) Any waiver by a qualified displaced worker of any or all of the provisions of <br />the ordinance from which this section derives shall be deemed contrary to public policy <br />and shall be void and unenforceable, except where such waiver occurs in a bona fide <br />collective bargaining agreement. Any attempt by an incumbent operator or new operator <br />to have a waste or recycling worker waive rights given by the ordinance from which this <br />section derives shall constitute a willful violation of the ordinance. <br /> <br /> (c) In addition to any rights and remedies which an employee might have, under <br />any federal or state statute or regulation or municipal ordinance or regulation or at <br />common law, any employee claiming a violation of the ordinance from which this section <br />derives may bring an action against an incumbent operator or new operator in the