BUSINESS BASED ACTIONS Sample Clauses
The 'Business Based Actions' clause defines the rights and procedures for a party to take certain actions based on legitimate business considerations. Typically, this clause allows a party to make decisions—such as suspending performance, modifying terms, or terminating the agreement—if specific business circumstances arise, like financial hardship, regulatory changes, or shifts in market conditions. Its core function is to provide flexibility and protect the parties from unforeseen business risks, ensuring that contractual obligations remain practical and aligned with evolving business realities.
BUSINESS BASED ACTIONS. (BBA)
Section 1. The Employer will observe appropriate regulations governing Business Based Action (BBA). At least forty-five (45) calendar days prior to notification to affected Employees, the Employer will notify the Union of proposed implementation date of a BBA when one (1) or more bargaining unit members are identified to be reduced in grade, separated by BBA or otherwise impacted by the use of BBA procedures. Such notification will include:
a. The reasons for the BBA;
b. The number, types and grades of the Employees involved;
c. Type of action to be taken;
d. The effective date of the action.
Section 2. In the event of a separation due to BBA, existing vacancies will be utilized where feasible to place Employees in continuing positions for which they qualify in order to minimize adverse actions and reduce separations.
Section 3. The Employer will provide a written notice to each Employee affected by a separation action at least forty-five (45) calendar days prior to the effective date and at least twenty-one
BUSINESS BASED ACTIONS. SECTION 1: A Business Based Action (BBA) is a reduction in employment category or pay rate, a furlough of a regular associate for eight calendar days or more, or separation action initiated by the Employer for non-disciplinary reasons. BBA's are used to adjust human resources in response to changes in business revenue, budget, workload, organization or mission. They are not used to address performance or conduct deficiencies. For the purpose of this Agreement, planned closures of activities on an annual scheduled basis due to the unique nature of the USNA are not considered BBA's.
SECTION 2: The provisions of CNICINST 5300.2 regarding Business Based Actions, are incorporated herein by reference in Appendix A and shall be considered a part hereof.
SECTION 3: The competitive area for effect of a BBA will be the Division or Activity affected. The Union may request the competitive area be expanded to additional Branches and Sections, or to the entire Employer. Granting of this request will not be unreasonably withheld.
SECTION 4: Competitive level will be defined as regular non-probationary employees and flexible employees with three or more years’ service within the same grade/pay level, series and title. Performance and length of service will determine ranking within the competitive level. The performance factor must include at least the employee's last two performance ratings. If there is only one rating, then a rating must be issued and used.
BUSINESS BASED ACTIONS.
Section 1: The employer will observe appropriate regulations governing Business Based Action (BBA). At least seven (7) calendar days prior to notification to affected employees, the employer will notify the Union of proposed implementation date of a BBA when one or more bargaining unit employees are identified to be reduced in grade, separated by BBA or otherwise impacted by the use of BBA procedures. Such notification will include:
a) The reasons for the BBA;
b) The number, types and grades of the employees involved;
c) Type of action to be taken;
d) The effective date of the action.
Section 2: In the event of a separation due to BBA, existing vacancies will be utilized where feasible to place employees in continuing positions for which they qualify in order to minimize adverse actions and reduce separations.
Section 3: The employer will provide a written notice to each Regular employee affected by a separation action at least 30 calendar days prior to the effective date and at least 7 calendar days prior to the effective date for non-separation actions such as reduction in pay or reduction in grade. The employer will provide a written notice to each Flexible employee affected by a separation action at least 7 calendar days prior to the effective date and at least 24 hours prior to the effective date for non-separation actions such as reduction in pay or reduction in grade. The notice will state what action is being taken, the effective date of the action, and the employee’s BBA service computation date. Rights of appeal and time limits on such appeals will also be stated in the notice.
Section 4: An employee affected by BBA or their designated representative has the right to inspect BBA records pertaining to the employees involved in the BBA.
Section 5: Separations due to BBAs will be in accordance with the following:
a. Employees will be separated by the same employment category, occupational series, grade or pay band and in the same NAFI activity.
b. Employees will be ranked in each employment category pay plan, series and grade according to BBA seniority.
c. Employees are separated into two separate categories. The total score on the Work Behavior Elements on the AF Form 3527 determines the order in which employees are ranked within these categories. To affect the BBA, employees in Category 1 with the lowest total score are affected first the next lowest total score second, etc., until all Category 1 employees are exhausted. After Category 1, employ...
BUSINESS BASED ACTIONS a. This Article provides methods for effecting workforce reductions and realignments that are necessary to conduct operations in an effective manner. This Article applies to all RFT and RPT employees and also those FLEX employees who have been employed by the NAFI of 3 continuous years or more.
b. In no case may business based actions be used to separate, demote, or reduce pay or hours for inadequate performance.
c. Business based actions are non-disciplinary, involuntary action taken by management to adjust personnel resources with a minimum of disruption to operations. While some MWR activities are not businesses, they still must be staffed in the most economical manner consistent with maximum efficiency. Business based actions include, but are not limited to:
1. Reduction in pay rate (NF employees only).
2. Change in employment category.