Authority of the Council Sample Clauses

Authority of the Council. The council will have full authority to present the views of the faculty in meetings with the college president or xxxxxxx.
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Authority of the Council. The parties agree to establish when required a Job Appeal Council which, subject to the other provisions of this Article, will provide an accelerated mechanism for resolving disputes arising from requests for reconsideration of Job Profiles. The Council shall have the authority to adjudicate Job Profile reconsideration disputes between Employees and the Employer. The Council shall direct that one (1) of the following take place in respect of each appeal: a) That the appealed position be designated to an existing Pay Band. b) That the reconsideration decision is correct and will be upheld resulting in the appeal being denied. c) That no appropriate Pay Band exists and that a new Pay Band be negotiated to accommodate the appealed, Job Profile or d) That negotiated amendment of an existing factor rating be undertaken in order to accommodate the appealed Job Profile. Decisions of the Council are final and binding upon the Employer, the Union, and the Employee and are not subject to grievance.
Sample 1
Authority of the Council i) Subject to the other provisions of this section, the Council shall have the authority to arbitrate classification disputes between employees and the Commission. ii) The Council shall be authorized to direct: 1) That the appealed position be reallocated to a designated existing classification in the classification plan; or 2) That the classification decision be confirmed and the appeal denied and shall make one of such directions in respect of each appeal. iii) Joint Council shall make its decision based upon the classification standards applicable at the time of the appellant's request for review of his position classification, under 21.02 c) i) above and upon the duties and responsibilities assigned to the position at that time. Changes that may have taken place since the request was received by the Commission shall not be considered by the Council. iv) Decisions of the Council shall be final and binding upon the parties to this agreement and upon the appellant. v) In conjunction with its direction under sub clause b) hereof, the Joint Council may recommend: 1) That a new class of positions be established to accommodate the appealed position; or 2) That an existing class specification be amended to accommodate the appealed position. vi) The Union may, within thirty (30) calendar days of receipt of a Council recommendation, make representation to the Commission with regard to such recommendation.
Sample 1
Authority of the Council a) The Parties agree to establish and maintain a Classification Council which, subject to the other provisions of this Article, will provide a mechanism for: i. Adjudicating appeals of Classification Plan Working Group classification decisions ii. Resolving disputes that arise when the Classification Plan Working Group cannot reach consensus during its work. b) The Council shall direct that one of the following take place with respect to each classification appeal it adjudicates: i. That the factor ratings assigned by the Classification Plan Working Group and its classification decision are correct and shall be upheld. As a result, the appeal is denied. ii. That the factor ratings for specific factors have been revised as stated in the Council’s written decision. However the total factor rating points for the position are within the band width range assigned by the Classification Plan Working Group. Therefore the classification level and pay band assigned by the Working Group are correct and shall be upheld. iii. That the factor ratings for specific factors have been revised as stated in the Council’s written decision. As a result, the total factor rating points fall outside the band width range assigned by the Classification Plan Working Group. Therefore, as outlined in the Council’s written decision, the position shall be assigned a new classification level and pay band that corresponds to the appropriate band width range. c) Decisions of the Council are final and binding upon the Employer, the Union, and the employee(s) and are not subject to grievance.
Sample 1

Related to Authority of the Council

  • Authority of the Committee The Committee shall have full authority to interpret and construe the terms of the Plan and this Agreement. The determination of the Committee as to any such matter of interpretation or construction shall be final, binding and conclusive.

  • Authority of the Company To carry out its purposes, the Company, consistent with and subject to the provisions of this Agreement and applicable law, is empowered and authorized to do any and all acts and things incidental to, or necessary, appropriate, proper, advisable, or convenient for, the furtherance and accomplishment of its purposes.

  • Authority of the Board The Board shall have full authority to interpret and construe the terms of the Plan and this Option Agreement. The determination of the Board as to any such matter of interpretation or construction shall be final, binding and conclusive.

  • Authority of Committee All determinations made by the Committee with respect to the interpretation, construction and application of any provision of this Agreement shall be final, conclusive and binding on the parties.

  • Authority of Board Nothing contained in this Section 4 shall limit the authority of the Board to take such other action to the extent permitted by law as it deems necessary or advisable to preserve the Company’s status as a non-reporting company under the Exchange Act.

  • Authority of the Manager The Manager for, and in the name and on behalf of the Company, is hereby authorized to: (1) execute any and all agreements, contracts, documents, certifications and instruments necessary or convenient in connection with the purchase, financing, development, management, operation and disposition of the Company and its property or any portion thereof.; (2) employ on behalf of the Company agents, employees, accountants, lawyers, clerical help and such other assistance and services as the Manager may deem proper and to pay therefor such remuneration as the Manager may deem reasonable and appropriate; (3) pay insurance premiums, property taxes and other amounts necessary or appropriate to the management, administration, conservation, improvement, development or operation of the Company and its property; (4) make and enter into such agreements and contracts with such parties and to give such receipts, releases and discharges with respect to any and all of the foregoing and any matters incident thereto as the Manager may deem advisable or appropriate; (5) xxx and be sued, complain and defend in the name of and on behalf of the Company; (6) operate, maintain, finance, approve, construct, own, grant options with respect to, sell, convey, assign, mortgage and lease any real estate or personal property necessary, convenient or incidental to the accomplishment of the purposes of the Company; (7) borrow money and issue evidences of indebtedness necessary, convenient or incidental to the accomplishment of the purposes of the Company and secure the same by mortgage, pledge or other lien on any property; (8) execute, in furtherance of any and all of the purposes of the Company, any deed, easement, lease, mortgage, deed of trust, mortgage note, promissory note, xxxx of sale, contract or other instrument purporting to convey or encumber any or all of the property of the Company; (9) care for and distribute funds to the Member by way of cash, income, return of capital, or otherwise, all in accordance with the provisions of this Agreement, and to perform all matters in furtherance of the objectives of the Company or this Agreement; (10) purchase from or through others contract, liability, casualty or other insurance for the protection of the properties or affairs of the Company, or the Member, or for any purpose convenient or beneficial to the Company; (11) pay all taxes, licenses or assessments of whatever kind or nature imposed upon or against the Company or its property, and for such purposes, to make such returns and to do other such acts or things as may be deemed necessary and advisable by the Company; to perform all acts and duties relating to the payment of all indebtedness, taxes and assessments; and to negotiate and enter into such agreements deemed necessary and advisable to operate the Company and its property; (12) engage in any kind of activity and to perform and carry out contracts of any kind necessary to, or in connection with, or incidental to the accomplishment of the purposes of the Company, as may be lawfully carried on or performed by a limited liability company under the laws of each State in which the Company is then formed or qualified to do business.

  • Authority of Company The Company has all requisite authority to execute and deliver this Agreement and to carry out and perform its obligations under the terms of this Agreement.

  • Decision-Making Authority BMS shall have the sole decision-making authority for the operations and Commercialization strategies and decisions, including funding and resourcing, related to the Commercialization of Products; provided that such decisions are not inconsistent with the express terms and conditions of this Agreement, including BMS’ diligence obligations set forth in Section 5.1.

  • Authority of Agent Each Grantor acknowledges that the rights and responsibilities of Agent under this Agreement with respect to any action taken by Agent or the exercise or non-exercise by Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between Agent and the other Secured Parties, be governed by the Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between Agent and any Grantor, Agent shall be conclusively presumed to be acting as agent for the Secured Parties with full and valid authority so to act or refrain from acting, and no Grantor shall be under any obligation or entitlement to make any inquiry respecting such authority.

  • Authority of Manager (a) Except for situations in which the approval of any Member(s) is specifically required by this Agreement, (i) all management powers over the business and affairs of the Company shall be exclusively vested in the Corporation, as the sole managing member of the Company (the Corporation, in such capacity, the “Manager”) and (ii) the Manager shall conduct, direct and exercise full control over all activities of the Company. The Manager shall be the “manager” of the Company for the purposes of the Delaware Act. Except as otherwise expressly provided for herein and subject to the other provisions of this Agreement, the Members hereby consent to the exercise by the Manager of all such powers and rights conferred on the Members by the Delaware Act with respect to the management and control of the Company. Any vacancies in the position of Manager shall be filled in accordance with Section 6.04. (b) The day-to-day business and operations of the Company shall be overseen and implemented by officers of the Company (each, an “Officer” and collectively, the “Officers”), subject to the limitations imposed by the Manager. An Officer may, but need not, be a Member. Each Officer shall be appointed by the Manager and shall hold office until his or her successor shall be duly designated and shall qualify or until his or her death or until he shall resign or shall have been removed in the manner hereinafter provided. Any one Person may hold more than one office. Subject to the other provisions in this Agreement (including in Section 6.07 below), the salaries or other compensation, if any, of the Officers of the Company shall be fixed from time to time by the Manager. The authority and responsibility of the Officers shall include, but not be limited to, such duties as the Manager may, from time to time, delegate to them and the carrying out of the Company’s business and affairs on a day-to-day basis. The existing Officers of the Company as of the Effective Time shall remain in their respective positions and shall be deemed to have been appointed by the Manager. All Officers shall be, and shall be deemed to be, officers and employees of the Company. An Officer may also perform one or more roles as an officer of the Manager. (c) The Manager shall have the power and authority to effectuate the sale, lease, transfer, exchange or other disposition of any, all or substantially all of the assets of the Company (including the exercise or grant of any conversion, option, privilege or subscription right or any other right available in connection with any assets at any time held by the Company) or the merger, consolidation, reorganization or other combination of the Company with or into another entity.

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