APPEAL TO VLRB Sample Clauses

APPEAL TO VLRB. An employee aggrieved by an adverse decision of the Commissioner of Human Resources may have that decision reviewed by the Vermont Labor Relations Board on the basis of whether the decision was arbitrary and capricious in applying the point factor system utilized by the State to the facts established by the entire record. Any appeal to the Board shall be filed within thirty (30) days of receipt of the Commissioner’s decision, or the right to appeal shall be waived. The board shall not conduct a de novo hearing, but shall base its decision on the whole record of the proceeding before, and the decision of, the Commissioner of Human Resources (or designee). The VLRB’s authority hereunder shall be to review the decision(s) of the Commissioner of Human Resources, and nothing herein empowers the Board to substitute its own judgment regarding the proper classification or assignment of position(s) to a pay grade. If the VLRB determines that the decision of the Commissioner of Human Resources is arbitrary and capricious, it shall state the reasons for that finding and remand to the Commissioner for appropriate action. Upon remand, the Commissioner of Human Resources shall address those aspects of the original decision that the VLRB found to be arbitrary and capricious and thereafter shall issue a decision on the matter. This decision shall also be subject to review by the VLRB solely to determine whether this subsequent decision is arbitrary and capricious. The parties waive judicial review by the Vermont Supreme Court of any ruling of the VLRB that the decision by the Commissioner of Human Resources was, or was not, arbitrary and capricious. In the event that the Commissioner of Human Resources, upon remand, fails to address aspects of a classification decision which the Vermont Labor Relations Board has determined to be arbitrary and capricious, the sole avenue of relief for an employee shall be to petition the VLRB for enforcement of its order in the Superior Court, in accordance with Board rules and the Rules of Civil Procedure.
Sample 1Sample 2Sample 3See All (53)
AutoNDA by SimpleDocs
APPEAL TO VLRB. An employee aggrieved by an adv erse deci sion of t he C ommissioner of Human R esources may have that decision r eviewed by t he V ermont Labor R elations Board on t he basi s of w hether t he decision was arbitrary and ca pricious in appl ying t he poi nt f actor sy stem ut ilized by t he S xxxx t o t he facts established by the entire record. Any appeal to the Board shall be f iled within thirty (30) days of receipt of t he C ommissioner’s decision, or t he r ight t o appeal sh all be w aived. The board shall not conduct a de nov o hearing, but sh all base its decision on the whole record of the proceeding before, and t he deci sion of , t he C ommissioner of Human R esources (or desi gnee). T he V LRB’s authority hereunder shall be to review the decision(s) of the Commissioner of Human Resources, and nothing herein empowers the Board to substitute its own judgment regarding the proper classification or assignment of position(s) to a pay grade. If the VLRB determines that the decision of the Commissioner of Human R esources is arbitrary and capricious, it shall st ate t he r easons for t hat finding and r emand t o t he C ommissioner f or appr opriate act ion. Upon remand, the Commissioner of Human Resources shall address those aspects of the original decision that the VLRB found to be arbitrary and ca pricious and thereafter shall issue a deci sion on the matter. This decision shall also be subject t o r eview by t he V LRB so lely t o det ermine whether this subsequent decision is arbitrary and capricious. The parties waive judicial review by the Vermont Supreme Court of any ruling of the VLRB that the decision by the Commissioner of Human Resources was, or was not, arbitrary and capricious. In the event that the Commissioner of Human Resources, upon remand, fails to address aspects of a classification decision w hich t he V ermont Labor R elations Board has determined t o be ar bitrary and capricious, the sole avenue of relief for an em ployee shall be to petition the VLRB for enf orcement of its order in the Superior Court, in accordance with Board rules and the Rules of Civil Procedure.
Sample 1

Related to APPEAL TO VLRB

  • Governing Law; Submission to Jurisdiction This Agreement and each Note shall be governed by and construed in accordance with the laws of the State of New York. The Borrower hereby submits to the nonexclusive jurisdiction of the United States District Court for the Southern District of New York and of any New York State court sitting in New York City for purposes of all legal proceedings arising out of or relating to this Agreement or the transactions contemplated hereby. The Borrower irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

  • GOVERNING LAW AND SUBMISSION TO JURISDICTION 11.1 This Agreement and any non-contractual obligations arising out of or in connection with it are governed by, and shall be construed in accordance with, the laws of England.

  • Submission to Jurisdiction Each party submits to the nonexclusive jurisdiction of the United States District Court for the Southern District of New York and of any New York State Court sitting in New York, New York for legal proceedings relating to this Agreement. Each party irrevocably waives, to the fullest extent permitted by law, any objection that it may now or in the future have to the venue of a proceeding brought in such a court and any claim that the proceeding was brought in an inconvenient forum.

  • Governing Law; Submission to Jurisdiction; Waiver of Jury Trial THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS, AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS. EACH OF THE PARTIES HERETO HEREBY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND OF ANY NEW YORK STATE COURT SITTING IN NEW YORK CITY FOR PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH OF THE PARTIES HERETO HEREBY FURTHER IRREVOCABLY WAIVES ANY CLAIM THAT ANY SUCH COURTS LACK JURISDICTION OVER SUCH PARTY, AND AGREES NOT TO PLEAD OR CLAIM, IN ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT IN ANY OF THE AFORESAID COURTS, THAT ANY SUCH COURT LACKS JURISDICTION OVER SUCH PARTY. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH PROCEEDING BROUGHT IN SUCH A COURT AND ANY CLAIM THAT ANY SUCH PROCEEDING BROUGHT IN SUCH A COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

  • Action to Protect the Government’s Interest 1. The Performer agrees to execute or to have executed and promptly deliver to DARPA all instruments necessary to (i) establish or confirm the rights the Government has throughout the world in those Subject Inventions to which the Performer elects to retain title, and (ii) convey title to DARPA when requested under Paragraph C of this Article and to enable the Government to obtain patent protection throughout the world in that Subject Invention.

  • Exclusion of applications on preliminary points of law Any recourse to any Court for the determination of a preliminary point of law arising in the course of the arbitration proceedings is excluded.

  • Recourse to Agencies or Courts of Competent Jurisdiction Notwithstanding Section 11.2, nothing in this Agreement shall restrict the rights of a Party to file a complaint with the FERC under relevant provisions of the Federal Power Act or with the PUCO under relevant provisions of the Legal Authorities. The Parties’ agreement under this Section 11.3 is without prejudice to any Party’s right to contest jurisdiction of the FERC or PUCO to which a complaint is brought.

  • Limitation on Judicial Council 's Liability The Judicial Council will not be responsible for loss or damage to any non-Judicial Council equipment or property arising from causes beyond the Judicial Council's control. In any event, the Judicial Council's responsibility for repairs and liability for damages or loss shall be limited to that made necessary by or resulting from the negligent acts or omissions of the Judicial Council or its officers, employees, or agents. The Judicial Council will not be liable for any charges incurred in connection with this Program, or any Judicial Council activities, unless expressly provided for under this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!