BUSINESS BASED ACTIONS Sample Clauses

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
Sample 1
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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.
Sample 1
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.
Sample 1
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...
Sample 1

Related to BUSINESS BASED ACTIONS

  • Required Actions (a) Subject to the terms and conditions of this Agreement, SJW, Merger Sub and CTWS shall use its respective reasonable best efforts to take, or cause to be taken, all actions, and do, or cause to be done, and assist and cooperate with the other parties in doing, all things necessary, proper or advisable under applicable Laws to carry out the intent and purposes of this Agreement and to consummate and make effective, as soon as reasonably practicable, the Merger and the other transactions contemplated by this Agreement. (b) Without limiting the generality of Section 6.03(a), SJW and the SJW Board and CTWS and the CTWS Board, as the case may be, shall use their respective reasonable best efforts to (x) take all action reasonably appropriate to ensure that no takeover statute or similar statute or regulation is or becomes applicable to this Agreement, the Merger or any other transaction contemplated by this Agreement and (y) if any takeover statute or similar statute or regulation becomes applicable to this Agreement, the Merger or any other transaction contemplated by this Agreement, take all action reasonably appropriate to ensure that the Merger and the other transactions contemplated by this Agreement may be consummated as promptly as reasonably practicable on the terms contemplated by this Agreement. (c) Without limiting the generality of Section 6.03(a): (i) As promptly as reasonably practicable following the date of this Agreement, SJW and CTWS each shall file with the United States Federal Trade Commission (the “FTC”) and the Antitrust Division of the United States Department of Justice (the “DOJ”) Notification and Report Forms relating to the transactions contemplated herein required by the HSR Act. Without limitation of Section 6.03(c)(ii) below, SJW and CTWS each shall use reasonable best efforts to obtain early termination of any waiting period under the HSR Act and SJW and CTWS shall each, as promptly as reasonably practicable, (A) supply the other with any information which may be required in order to effectuate such filings and (B) supply any additional information which reasonably may be required by the FTC or the DOJ. (ii) Each of SJW and CTWS shall use reasonable best efforts to prepare and file, or cause to be prepared and filed, as promptly as reasonably practicable after the date of this Agreement, all filings, submissions and registrations required to be made to the PURA and the MPUC, and all other applications, notices, registrations, filings, reports and other documents required to be filed with any Governmental Entity with respect to the Merger and the other transactions contemplated by this Agreement, including all SJW Regulatory Approvals and all CTWS Regulatory Approvals. Each of CTWS and SJW shall, as promptly as reasonably practicable, (A) supply the other with any information which reasonably may be required in order to effectuate such filings, (B) supply any additional information which reasonably may be required by a Governmental Entity of any jurisdiction and which the parties may reasonably deem appropriate, and (C) subject to applicable Law and the instructions of any Governmental Entity, keep each other apprised of the status of matters relating to the completion of the transactions contemplated thereby, including promptly furnishing the other with copies of notices or other communications received by the SJW or CTWS, as the case may be, or any of their respective Subsidiaries, from any third party and/or any Governmental Entity with respect to such transactions. No party shall independently participate in any meeting, or engage in any substantive conversation, with any Governmental Entity in respect to any such filings, investigation or other inquiry without using reasonable best efforts to give (to the extent feasible and appropriate) the other party prior notice of the meeting or conversation and, unless prohibited by such Governmental Entity, a reasonable opportunity to attend or participate. Subject to applicable Law and the instructions of any Governmental Entity, the parties will consult and cooperate with one another and permit the other party or its counsel to review in advance, and consider in good faith the views of the other in connection with, any proposed written communication by such party to any Governmental Entity in connection with any analyses, appearances, presentations, memoranda, briefs, arguments, opinions and proposals made or submitted by or on behalf of any party in connection with proceedings under or relating to the HSR Act, other antitrust Laws or any applicable state Laws in connection with the Merger and the other transactions contemplated by this Agreement. (iii) Each of SJW and CTWS shall (A) give the other party prompt notice of the commencement or threat of commencement of any legal proceeding by or before any Governmental Entity with respect to the Merger or any of the other transactions contemplated by this Agreement, (B) keep the other party informed as to the status of any such legal proceeding or threat, and (C) cooperate in all material respects with each other and shall use their respective reasonable best efforts to contest and resist any such action or proceeding and to have vacated, lifted, reversed or overturned any decree, Judgment, injunction or other order, whether temporary, preliminary or permanent, that is in effect and that prohibits, prevents or restricts consummation of the Merger or the other transactions contemplated hereby. (iv) Each of SJW and CTWS shall: (A) reasonably cooperate with the other party, execute and deliver such further documents, certificates, agreements and instruments and take such other actions as may be reasonably requested by the other party to evidence or reflect the transactions contemplated by this Agreement (including the execution and delivery of all documents, certificates, agreements and instruments reasonably necessary for all filings hereunder); (B) give all notices (if any) required to be made and given by such party in connection with the Merger and the other transactions contemplated by this Agreement; (C) use reasonable best efforts to obtain each approval, consent, ratification, permission, waiver of authorization (including any authorization of a Governmental Entity) required to be obtained from Governmental Entities pursuant to any applicable Law by such party in connection with the Merger or any of the other transactions contemplated by this Agreement, including the SJW Regulatory Approvals and the CTWS Regulatory Approvals; and (D) obtain any approval, consent, ratification, permission, waiver or authorization required to be obtained from parties to any SJW Material Contract identified on Section 6.03(c)(iv) of the SJW Disclosure Letter or CTWS Material Contract identified on Section 6.03(c)(iv) of the CTWS Disclosure Letter, including by entering into and negotiating commercially reasonable definitive agreements with respect to such parties to such material Contracts, offering customary fees, discounts and other incentives to such parties on commercially reasonable terms and paying any customary expenses incurred in connection therewith; provided, however, that SJW and CTWS are not required to take any such action unless the effectiveness of the action is contingent upon the consummation of the Merger. (d) Notwithstanding any other provision of this Agreement, SJW and the SJW Subsidiaries shall be required to sell, divest or hold separate or otherwise take or commit to take any action that limits its freedom, or after the Merger, the freedom of action of SJW or any of SJW’s Affiliates with respect to, or its ability to retain, SJW and SJW’s Subsidiaries, CTWS or CTWS’s Subsidiaries, or any of the respective businesses, product lines or assets of SJW, CTWS or any of their respective Subsidiaries or Affiliates to the extent necessary to satisfy the conditions set forth in Section 7.01(d), unless and to the extent such divestiture or other action would, individually or in the aggregate, have or reasonably be expected to have a Regulatory Material Adverse Effect. In addition, neither SJW nor any of its Affiliates shall be under any obligation to take any action under this Section 6.03(d) if the FTC or the DOJ authorizes its staff to seek a preliminary injunction or restraining order to enjoin consummation of the transactions contemplated by this Agreement. (e) Notwithstanding any other provision of this Agreement, CTWS and the CTWS Subsidiaries shall be required to sell, divest or hold separate or otherwise take or commit to take any action that limits its freedom, or after the Merger, the freedom of action of SJW or any of SJW’s Affiliates with respect to, or its ability to retain, SJW and SJW’s Subsidiaries, CTWS or CTWS’s Subsidiaries, or any of the respective businesses, product lines or assets of SJW, CTWS or any of their respective Subsidiaries or Affiliates to the extent necessary to satisfy the conditions set forth in Section 7.01(d), unless and to the extent such divestiture or other action would, individually or in the aggregate, have or reasonably be expected to have a Regulatory Material Adverse Effect. In addition, neither CTWS nor any of its Affiliates shall be under any obligation to take any action under this Section 6.03(e) if the FTC or the DOJ authorizes its staff to seek a preliminary injunction or restraining order to enjoin consummation of the transactions contemplated by this Agreement. (f) Notwithstanding any other provision of this Agreement, (i) neither SJW nor any of its Affiliates or any of their respective Representatives shall cooperate with any third party in seeking regulatory clearance of any SJW Takeover Proposal and (ii) neither CTWS nor any of its Affiliates or any of their respective Representatives shall cooperate with any third party in seeking regulatory clearance of any CTWS Takeover Proposal.

  • RECOMMENDED ACTION It is respectfully requested that the Procurement Committee approve an Amendment to Addendum 26 to the General Consulting Services Professional Agreement with Xxxxxxx & Associates, Inc. for the services contained herein and the amount as shown below: AAC – Compliance Review Date 7/19/23 AAC – Funding Eligibility Review Date 7/19/23 Attachment A: Finance Form Attachment B: OSBD Memo FINANCE FORM Date: Requestor’s Name: Preparer’s Name: Requestor’s Department: Description: Vendor: 07/25/2023 Xxxx Xxxxx Xxxxx Xxxxxxxx / Xxxxx Xxxxx Planning On Call Consulting Services Xxxxxxx & Associates, Inc. Requestor’s Extension: Preparer’s Extension: Solicitation #: Contract # / Name: Procurement Committee Date: Agenda Item #: 2453 2453 General Consulting Services 07/25/23 NON-PROJECT FUNDS: O&M 301.711.170.5310005.000.000000 $25,000.00 Total Requisition: $25,000.00 To: Members of the Procurement Committee From: Date: Re: Xxxxxx Xxxxxx, Xx. Small Business Administrator July 25, 2023 Request for Approval of an Amendment to Addendum 26 to the General Consulting Services Professional Agreement with Xxxxxxx & Associates, Inc. for Additional Fiscal Year 2023 On-Call General Consulting Services at the Orlando International Airport. We have reviewed the qualifications of the subject contract's MWBE/LDB/VBE specifications and determined that, due to the on-call nature of the services to be provided, Xxxxxxx & Associates, Inc. does not propose small business participation on this amendment. Our analysis indicates that Xxxxxxx & Associates, Inc. is eligible for award of the subject amendment July 13, 2023 Xx. Xxxx Xxxxx, A.A.E. Senior Vice President Multi-Modal Planning & Environmental Greater Orlando Aviation Authority 0000 Xxxxx Xxxx Orlando, Fl 32827 RE: Proposal for Fiscal Year (FY) 2023 On-Call General Consulting Services Dear Xx. Xxxxx: Xxxxxxx & Associates, Inc. (Ricondo) and Environmental Science Associates (ESA) appreciate the opportunity to submit this proposal for an Addendum to the General Consulting Services Agreement to establish a general consulting services allowance in the amount of $25,000. The purpose of this allowance is to assist the Greater Orlando Aviation Authority (the Aviation Authority) with miscellaneous general consulting efforts or advisory services on an as-needed basis, as requested by the Aviation Authority. These services may relate to, but not necessarily be limited to professional consulting services for: master planning, airfield analysis, terminal planning/programming/design, airspace analysis, vertiport planning, airport activity forecasting, capital improvement program support and implementation services, and other miscellaneous general consulting and advisory services, as deemed necessary by the Aviation Authority. ESA will support the Aviation Authority as needed relative to operational, noise and environmental considerations related to potential development of airport lands. This support may include conducting airspace operational analysis, noise, land use and environmental support and public outreach and communications. Deliverables may include technical memos, PowerPoint presentations and other supporting materials as required.

  • Interim Actions In the case of a Material Default that causes continuing damages to the Sellers for which indemnification by the Purchasers pursuant to Article 8 of the Agreement would not be sufficient to remedy all such damages, the Sellers and the Purchasers shall cooperate in good faith to implement appropriate interim actions to mitigate such damages until the Corrective Action Plan is finalized. The parties shall develop and implement such interim actions on timelines that are commensurate with the severity of the harm and that take into account the risks to the Sellers of delay. The Purchasers shall use reasonable best efforts to mitigate the adverse consequences on the Sellers of the Material Default until the Correction Action Plan is finalized.

  • Corrective Actions The Government will use its best efforts to ensure that each Covered Provider (i) takes, where necessary, appropriate and timely corrective actions in response to audits, (ii) considers whether the results of the Covered Provider’s audit necessitates adjustment of the Government’s records, and (iii) permits independent auditors to have access to its records and financial statements as necessary.

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