Back Pay Awards. Arbitration awards shall not be made retroactive beyond the 23 date of the occurrence or nonoccurrence upon which the grievance is based, that date being fifteen 24 (15) or less days prior to the initial filing of the grievance, unless the circumstances of the grievance 25 were not and could not have been known by the grievant.
Back Pay Awards. Each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by an Employer.
Back Pay Awards. Hours of Service described in Section 1.32.4 shall be credited to the Plan Year or Plan Years to which the back pay award or agreement pertains (rather than to the Plan Year in which the award, agreement or payment is made).
Back Pay Awards. If the arbitrator’s decision awards the payment of back wages covering the period of the employee’s separation from the Employer’s payroll, the amount so awarded shall be less any unemployment compensation (unless the employee is required to return unemployment compensation payments) or earned wages from any other state, county, or municipal agency, and shall not include the assumption an employee would have worked overtime during the period of separation from the Employer’s payroll.
Back Pay Awards. The parties agree that any Arbitrator’s award of back pay shall be lessened by unemployment compensation or any other compensation received by the grievant during the period of termination prior to reinstatement.
Back Pay Awards. The provisions of this Section 16.9 shall apply only to an Employee or former Employee who becomes entitled to back pay by an award or agreement of an Employer without regard to mitigation of damages. For all purposes of the Plan, the Service and years of vested service of a person to whom this Section 16.9 applies for the period to which such award or agreement relates shall include the number of years, computed to the nearest 1/12th year, to which such award or agreement relates unless such years otherwise are included in his Service for such period under Section 2.4 and, as applicable, in his years of vested service for such period under Section 9.4. If a person to whom this Section 16.9 applies was or would have become an Employee during such period, and if any such person who had not previously become a Participant pursuant to Section 2.1 shall within 30 days of the date he receives notice of the provisions of this Section 16.9 make an election to become a Participant in accordance with such Section 2.1 (retroactive to any date as of which he was or has become eligible to do so), then any Tax Deferred Contributions or Taxable Employee Contributions which he previously had not made but which, after application of the foregoing provisions of this Section 16.9, he would have made under the provisions of Sections 4.1 and 4.4, if such Participant so elects, shall be made out of the proceeds of such back pay award or agreement. To the extent that any Tax Deferred Contributions are made in accordance with the provisions of the foregoing sentence, the Employers shall make Employer Matching Contributions for such Participant, in addition to any other Employer Contributions which would have been allocated to such Participant under the provisions of Article VII or Article X, as in effect during the period to which such Tax Deferred Contributions relate. If a person to whom this Section 16.9 applies would have been eligible for an allocation as of the last day of any prior Plan Year under Section 10.10 after application of the foregoing provisions of this Section 16.9, but no such allocation was made to him for the prior Plan Year, the Employers shall make an additional Employer ESOP Contribution equal to the amount that would have been so allocated to the Participant under Section 10.10 for the prior Plan Year. The amounts of such Tax Deferred Contributions, Taxable Employee Contributions, Employer Matching Contributions and Employer ESOP Contributions shall:
Back Pay Awards. Awards will be paid within two (2) pay periods after the decision has been received unless the arbitrator’s ruling is being appealed by the University. The University will notify the Union if it intends to appeal.
Back Pay Awards. The provisions of this Section 21.9 shall apply only to an Employee or former Employee who becomes entitled to back pay by an award or agreement of an Employer without regard to mitigation of damages. If a person to whom this Section 21.9 applies was or would have been eligible to make an election under Section 3.3 after the Hours of Service applicable to such back pay award or agreement have been credited in accordance with the provisions of Article 2, and if such person shall make within 30 days of the date he receives notice of the provisions of this Section 21.9 an election under Section 3.3 (retroactive to any payroll period he was or has become eligible to do so), then any 401(k) Contributions which were not previously made but which, after application of the foregoing provisions of this Section 21.9, would have been made under the provisions of Section 5.1, if such Participant so elects, shall be made out of the proceeds of such back pay award or agreement. The amount of such additional contributions shall be credited to his 401(k) Account, Profit Sharing Contributions Account, and Annual Employer Contributions Account, as appropriate, if such person is a Participant when the award or agreement is made or becomes a Participant as a result of the provisions of this Section 21.9. Any additional contributions made by such Employer pursuant to this Section 21.9 shall be made in accordance with, and subject to the limitations of, Article 5 and 6. 117 - 112 -
