Action by the Deciding Official Sample Clauses

Action by the Deciding Official. After carefully considering the evidence and the Employee's response, if any, including any mitigating factors, the deciding official shall decide: A. to withdraw the proposed action; or B. to institute a lesser action; or C. to institute the proposed action. A written copy of the Letter of Reprimand, or notice of proposed action or decision will be furnished to the Employee. Time limits for the employee’s response may be extended upon written request and will be considered at management’s discretion based on the reason for the request. Normally, the effective date of suspension actions will be stayed 10 days from the date of the decision letter, except when an indefinite suspension is warranted, in which case immediate suspension may be appropriate.
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Action by the Deciding Official. A. After considering the evidence, the employee’s response, if any, the Xxxxxxx Factors or other aggravating/mitigating factors, the Management official shall take an appropriate action such as: (1) Withdraw the proposed action; (2) Institute a lesser action; (3) Institute the proposed action; (4) Stay the action; or (5) Settle. B. Absent any extenuating circumstances, Management will issue the decision no later than sixty (60) calendar days from the date the employee’s final reply is received. If a reply is not provided by the employee, the decision will be issued no later than ninety (90) calendar days from the end of the reply period. This decision will be in writing, and, in (2) and (3) above, will include the employee’s right to file a grievance under the negotiated grievance procedure for a disciplinary action or in the case of an adverse action under 5 USC 7512, to file an appeal to the Merit Systems Protection Board or a grievance under the negotiated grievance procedure, but not both. The decision will include the name and work phone number of the designated local Union official when such information has been furnished to the appropriate Human Resources Office or the name and work phone number of the Union’s national office or staff representative assigned to the area. C. In adverse actions, the decision will inform the employee that they will have exercised their option to raise the matter under one procedure or the other at the time the employee files a timely grievance or files a notice of appeal under applicable MSPB procedures. In addition to issuing the employee one copy of the letter, Management will furnish a second copy of the letter to the employee which the employee may provide to his/her representative. In no case will the effective date of an adverse action be sooner than thirty (30) days from the date of the proposal.
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Action by the Deciding Official. After carefully considering the evidence and the Employee's response, if any, including any mitigating factors, the Deciding Official shall decide: A. to withdraw the proposed action; B. to institute a lesser action; C. to institute the proposed action.
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Action by the Deciding Official a. The deciding official is the individual who makes the final decision to issue a letter of reprimand, suspension, removal, or other disciplinary action as defined in Section 2. Normally, the deciding official shall be at a higher level in the activity than the proposing official. b. After carefully considering the evidence and the employee’s response and any mitigating factors, the deciding official shall take the appropriate action. The deciding official may sustain, reduce or dismiss the proposed action.
Sample 1
Action by the Deciding Official a. The deciding official is the individual who makes the final decision to issue a suspension, separation, or other disciplinary action. The deciding official shall be at a higher level in the activity than the proposing official and shall have had no part in the proposed action that would indicate a predetermined judgment or biased opinion. b. After investigating the incident and carefully considering the evidence and the employee‟s response and any mitigating factors, the deciding official may: (1) withdraw the proposed action; (2) institute a lesser action; (3) institute the proposed action; (4) reassign the employee to another position at the same grade and pay in the same geographic location; (5) institute demotion to lower grade
Sample 1
Action by the Deciding Official a. The deciding official, is the individual who makes the final decision to effect a disciplinary or adverse action covered by this Article. The deciding official shall be at a higher level in the organization than the proposing official. b. The deciding official will consider the evidence and the employee's response. The decision will be provided to the employee in writing. The action taken will be no greater than the proposed action. c. In the event an unfavorable final decision is issued, the employee shall be advised of his or her rights to file a grievance on the decision with the Employer, appeal the decision to the Merit System Protection Board, or file an EEO complaint.
Sample 1
Action by the Deciding Official a. After carefully considering the proposed letter, evidence of record, and the employee’s response, if any, including any mitigating factors, the deciding official shall decide whether: 1) To institute the proposed action; or 2) To propose alternative discipline (if not a decision to remove); or 3) To institute a lesser action; or 4) To withdraw the proposed action. b. Normally, the Agency will issue a final decision within 30 calendar days after receipt of the written and/or oral reply, or after the time limit for reply has expired, whichever comes last. The final decision letter will state which reasons and specifications are sustained and will address factual disputes raised in the employee’s reply. The decision letter will also advise the employee of his or her right to grieve or appeal the Agency’s decision. Such notice shall be delivered to the employee on or before the date of the decision.
Sample 1
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Action by the Deciding Official a. The deciding official is the individual who makes the original decision to issue or dismiss a disciplinary adverse action. The deciding official shall be at a higher level in the activity than the proposing official. Though the original decision reached by the deciding official is not grievable, the procedures resulting in the decision are. b. After investigating the incident and carefully considering the evidence, the employee's response, and any mitigating factors, the deciding official shall: (1) Withdraw the proposed action (2) Institute a lesser action to include lateral reassignment (3) Institute the proposed action c. In any disciplinary action resulting in removal, suspension without pay, or change to a lower grade, every effort shall be made to expedite hearing or appeal rights.
Sample 1

Related to Action by the Deciding Official

  • Action by the Board (a) Meetings of the Board may be called by any Manager upon two (2) days prior written notice to each Manager. The presence of a majority of the Managers then in office shall constitute a quorum at any meeting of the Board. All actions of the Board shall require the affirmative vote of a majority of the Managers then in office. (b) Meetings of the Board may be conducted in person or by conference telephone facilities. Any action required or permitted to be taken at any meeting of the Board may be taken without a meeting if such number of Managers sufficient to approve such action pursuant to the terms of this Agreement consent thereto in writing. Notice of any meeting may be waived by any Manager.

  • Mitigation by the Lenders 15.1 Mitigation Each Finance Party shall, in consultation with the Borrowers take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities) or Clause 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. The above does not in any way limit the obligations of any Security Party under the Finance Documents.

  • Presumption by the Administrative Agent Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of such Lender, the Federal Funds Effective Rate or (ii) in the case of the Borrower, the interest rate applicable to ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing. Nothing in this paragraph shall relieve any Lender of its obligation to fulfill its commitments hereunder, and this paragraph shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.

  • Resignation by the Administrative Agent (a) The Administrative Agent may resign from the performance of all its functions and duties hereunder and/or under the other Credit Documents at any time by giving 15 Business Days’ prior written notice to the Borrower and the Lenders. Such resignation shall take effect upon the appointment of a successor Administrative Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation by the Administrative Agent, the Required Lenders shall appoint a successor Administrative Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Administrative Agent shall not have been so appointed within such 15 Business Day period, the Administrative Agent, with the consent of the Borrower (which shall not be unreasonably withheld or delayed), shall then appoint a commercial bank or trust company with capital and surplus of not less than $500,000,000 as successor Administrative Agent who shall serve as Administrative Agent hereunder or thereunder until such time, if any, as the Lenders appoint a successor Administrative Agent as provided above. (d) If no successor Administrative Agent has been appointed pursuant to clause (b) or (c) above by the 25th Business Day after the date such notice of resignation was given by the Administrative Agent, the Administrative Agent’s resignation shall become effective and the Required Lenders shall thereafter perform all the duties of the Administrative Agent hereunder and/or under any other Credit Document until such time, if any, as the Required Lenders appoint a successor Administrative Agent as provided above.

  • Resignation by the Agent (a) The Agent may resign from the performance of all its functions and duties under the Agreement and the other Transaction Documents at any time by giving 30 days' prior written notice (as provided in the Agreement) to the Debtors and the Secured Parties. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below. (b) Upon any such notice of resignation, the Secured Parties, acting by a Majority in Interest, shall appoint a successor Agent hereunder. (c) If a successor Agent shall not have been so appointed within said 30-day period, the Agent shall then appoint a successor Agent who shall serve as Agent until such time, if any, as the Secured Parties appoint a successor Agent as provided above. If a successor Agent has not been appointed within such 30-day period, the Agent may petition any court of competent jurisdiction or may interplead the Debtors and the Secured Parties in a proceeding for the appointment of a successor Agent, and all fees, including, but not limited to, extraordinary fees associated with the filing of interpleader and expenses associated therewith, shall be payable by the Debtors on demand.

  • Termination by the Owner for Convenience § 13.2.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 13.2.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Design-Builder shall

  • Determinations and Actions by the Board For all purposes of this Agreement, any calculation of the number of Common Shares outstanding at any particular time, including for purposes of determining the particular percentage of such outstanding Common Shares of which any Person is the Beneficial Owner, will be made in accordance with the last sentence of Rule 13d-3(d)(1)(i) of the General Rules and Regulations under the Exchange Act. The Board of Directors of the Company will have the exclusive power and authority to administer this Agreement and to exercise all rights and powers specifically granted to the Board of Directors of the Company or to the Company, or as may be necessary or advisable in the administration of this Agreement, including without limitation the right and power to (i) interpret the provisions of this Agreement and (ii) make all determinations deemed necessary or advisable for the administration of this Agreement (including any determination as to whether particular Rights shall have become void). All such actions, calculations, interpretations and determinations (including, for purposes of clause (y) below, any omission with respect to any of the foregoing) which are done or made by the Board of Directors of the Company in good faith will (x) be final, conclusive and binding on the Company, the Rights Agent, the holders of the Rights and all other parties and (y) not subject the Board of Directors of the Company to any liability to any Person, including without limitation the Rights Agent and the holders of the Rights.

  • Termination by the Company This Agreement may be terminated and the Merger Transactions abandoned at any time before the Acceptance Time by the Company: (a) in order to enter into an Acquisition Agreement pursuant to and in accordance with Section 5.3(c), so long as concurrently with such termination the Company pays the Expense Reimbursement under Section 7.6(b)(i); (b) if Parent or Merger Sub breaches any of their respective representations or warranties, or fails to perform any of their respective covenants or agreements contained in this Agreement, and which breach or failure (i) would, individually or when aggregated with any such other breaches of failures, result in a Parent Material Adverse Effect and (ii) by its nature cannot be cured or has not been cured by Parent or Merger Sub, as applicable, by the earlier of (A) the Outside Date and (B) the date that is twenty (20) Business Days after Xxxxxx’s receipt of written notice of such breach from the Company, but only so long as the Company is not then in material breach of its representations or warranties or materially failing to perform its covenants or agreements contained in this Agreement in a manner that would allow Parent to terminate this Agreement under Section 7.3(b); or (c) upon prior written notice to Parent, if Xxxxxx Sub fails to commence the Offer in accordance with the terms of this Agreement hereof on or prior to the fifteenth (15th) Business Day following the date hereof or if Merger Sub fails to consummate the Offer when required to do so in accordance with the terms of this Agreement; provided, however, that the right to terminate this Agreement pursuant to this Section 7.4(c) shall not be available to the Company if the Company is in breach of any representation, warranty, covenant or agreement set forth in this Agreement that has been the proximate cause of, or resulted in, Merger Sub’s failure to commence or consummate the Offer in accordance with the terms of this Agreement.

  • Modification by the Parties The Parties may by mutual agreement amend the Appendices to this Agreement, by a written instrument duly executed by all three of the Parties. Such an amendment shall become effective and a part of this Agreement upon satisfaction of all Applicable Laws and Regulations.

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