Operating Procedures Company shall observe and comply with the Operating Procedures. Company shall ensure that Company's Stores personnel are trained regarding the Operating Procedures and shall ensure their compliance with them. The Operating Procedures may be supplemented, amended or modified by Bank from time to time in its reasonable discretion; provided, however, a copy of any such supplement, amendment or modification shall be provided to Company at least ninety (90) days before its effective date (the "Notice Date") unless otherwise required by Applicable Law, and for those changes required by Applicable Law, notice shall be given as soon as practicable. For changes that are (A) required by Applicable Law, or (B) determined by Bank in good faith to be necessary from the standpoint of safe and sound banking practices (both (A) and (B) being referred to herein as the "Required Changes"), where Bank implements such Required Changes with all of its other clients that are also affected by such change in Applicable Law or operate in circumstances similarly requiring changes from the standpoint of safe and sound banking practices, Bank shall identify the changes as Required Changes in the notice to Company. Unless such change is a Required Change, Company shall have the right within thirty (30) days after the Notice Date to object to such change and the parties' representatives will promptly thereafter meet to discuss such change in good faith in order to agree upon such change or a mutually agreeable alternative to such change. In the event the parties are unable to agree upon such change or an alternative within sixty (60) days after the Notice Date, then a senior executive from both Company and Bank shall meet to negotiate in good faith in order to agree upon such change or a mutually agreeable alternative to such change. If the parties' senior executives are unable to mutually agree within ninety (90) days after the Notice Date, then Bank shall have the right to implement the initially proposed change so long as (i) Bank implements such change with all or substantially all of its other similar clients, (ii) such change does not change the chargebacks section of the Operating Procedures, and (iii) such change does not impose a material adverse financial or operational burden on Company.
NEGOTIATING PROCEDURES (1) The District and RAP shall negotiate in a good faith effort to reach agreement over the establishment or modification of policies dealing with the salaries, terms or conditions of work and matters related thereto. Any agreement so negotiated shall apply to all paraprofessionals employed in the City School District of Rochester, New York regardless of membership or lack thereof in the organization. The District and RAP shall each appoint a negotiating committee to act on its behalf.
(2) The District agrees to furnish to the negotiating committees in accordance with their reasonable request, all necessary information concerning financial resources of the District, tentative budgetary requirements and allocations, and such other information as will assist the negotiating committees in developing intelligent, accurate and constructive programs on behalf of the paraprofessionals.
(3) Meetings of the negotiating committees may be initiated at the written request of either party, but not later than the first Friday in February when school is in session of any year when negotiations shall take place. The parties shall arrange for a mutually satisfactory time and place for an initial meeting within a reasonable time thereafter. All subject matters to be negotiated shall be submitted on that date.
(4) If joint meetings of the negotiating committees are scheduled during the school day, members of the committees shall be released from their regular duties without loss of pay.
(5) Either party may utilize the services of consultants in negotiating meetings and may call upon competent professional and lay representatives to consider matters under discussion and to make suggestions.
(6) Agreements reached by the negotiating committees shall be submitted in writing to the District and RAP for ratification.
(7) Upon ratification, the Agreement shall be signed by the Superintendent of Schools and the RAP President.
(8) Should an impasse develop in the course of negotiations, the parties agree to utilize the impasse procedures of Section 209 of the Public Employees' Fair Employment Act.
Testing Procedures The following test procedure shall apply to all urine tests administered to bargaining unit employees:
a. Urine specimens shall be collected at the approved laboratory as stated below in section (e), or at an accredited medical facility when necessary after an accident.
b. The employee shall not be observed when the urine specimen is given.
c. All specimen containers, vials or bags used to transport the samples shall be sealed with evidence tape and labeled in the presence of the employee.
d. The testing shall be done by another approved laboratory.
e. The employer shall choose the testing/collection facility to be utilized for toxicology testing on a yearly basis.
f. The following standards shall be used to determine what levels of detected substances shall be considered positive. Note: - These are current levels subject to change by Federally Mandated Regulations. Current Federal Regulations shall be controlling in case of change or conflict: DRUG SCREENING TEST CONFIRMATION Amphetamines 500 ng/ml Amphetamine 250 ng/ml GC-MS Marijuana Metabolites 50 ng/▇▇ ▇▇▇▇▇-THC 15 ng/ml GC-MS Cocaine Metabolites 150 ng/ml Metabolites 100 ng/ml GC-MS Opiates Morphine 2,000 ng/ml 2,000 ng/ml GC-MS PCP 25 ng/ml PCP 25 ng/ml GC-MS MDMA 500 ng/ml 250 ng/ml Alcohol .08 Breath .04 Breath – Employees with CDL .02 - .039 Breath - Employees with CDL will be removed from service for 24 hrs.
g. Tests which are below the levels set forth above shall be determined as negative. If test results are negative, all non-required documentation regarding supervisors' observations and testing will be destroyed.
h. At the time the urine specimen is collected two samples will be taken. One sample will be sent to the laboratory to be tested at the employer's expense. If the first sample tests positive then upon written request by the employee within twenty-four
Bumping Procedure In the application of this Article, permanent part-time employees cannot displace permanent full-time employees or vice versa provided that permanent full-time employees who have exhausted their bumping rights hereunder and are to be laid off from work shall have the right to displace a permanent part-time employee with lesser GO seniority, within their section. Such bumping within the section may only be in a downward or lateral direction provided they are qualified, willing and able to do the work (refer to Schedule “E-I” and “E-I OFPT”). Downward shall be defined as lesser pay per hour and/or lesser hours per week (permanent full-time vs. permanent part-time). Lateral shall be defined as same pay per hour. In the application of this Article, permanent part-time employees cannot displace permanent full-time employees or vice versa provided that permanent full-time employees who have exhausted their bumping rights hereunder and are to be laid off from work, shall have the right to displace any permanent part-time employee with lesser GO Transit seniority, within their section provided they are able, willing and qualified. Due to the nature of the bumping procedure and the unpredictability of the direction and results of that bumping, the layoff must take precedent over all other normal movement of employees (i.e., standing applications). During layoffs an employee may choose to accept an open position for which he/she is qualified rather than bumping within their classification or section and should he/she elect this option, they shall retain recall rights to the original classification without loss of seniority. Where an OFPT employee who has been notified or is on layoff and currently possesses the qualifications and skills of a position they have held previously, then the employee may bump laterally or downward within their section or another section where the previously held position is identified. At the time of layoff the employee must satisfy the criteria identified in the current job description, and the employee must have satisfied the performance standards of that classification. Should the parties agree that the bumping procedure will likely cause significant movement within a classification or section, then the parties may agree to have a “master” sign-up take place which will be the sole responsibility of the Union to administer.
Billing Procedures The Supporting Party will bill the Protecting Party for actual costs incurred for Assistance by Hire. Reimbursements will be limited to the provisions of the Agreement and the applicable OP, regardless of whether or not it is authorized on the Resource Order or other documentation produced by the incident. Reimbursable costs may include transportation, salary, overtime, per diem and other approved expenses of supporting agency personnel. Rates and conditions of use for the equipment and personnel are documented in the OP. Parties shall submit a bill within 90 days of the incident. Parties must use their own invoice form for billing under this Agreement to avoid any confusion with other services that may have been ordered under other agreements. Invoices must identify Supporting Party’s name, address, and Taxpayer Identification Number (Department only), fire name, order and request number, and bill number and amount. Invoice supporting documentation must include description of services performed, period of services performed, and any applicable cost share agreements. Supporting documentation will itemize details of billing, listing personnel, equipment, travel and per diem, aircraft, supplies and purchases as approved in the attached OP. It will also include itemized deductions for maintenance and repair of equipment. Department invoices will include “Record of Activities” (FSLA-5) and U.S. Forest Service invoices will include transaction register. Invoices for services under this agreement must be sent to: ▇▇▇▇▇ ▇▇▇▇▇▇▇, FFMO ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ FAX: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇@▇▇.▇▇▇.▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, FIRE CHIEF ▇.▇. ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ FAX: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ All bills will have a payment due date 30 days upon receipt. Contested ▇▇▇▇▇▇▇▇: Written notice that a bill is contested will be mailed to the Party within 30 days of receipt of the invoice and will fully explain the contested items. Contested items should be resolved no later than 60 days following receipt of the written notice. Parties are responsible for facilitating resolution of contested ▇▇▇▇▇▇▇▇. Billing requirements and rates are documented in the attached OP.
