DETERMINING SEPARATION. For purposes of this section:

DETERMINING SEPARATION. (a) For purposes of this section: (1) In instances where ratings are identified using numbers, a “2” shall be Unsatisfactory, a “3” shall be Satisfactory, a “4” shall be Excellent, and a “5” shall be Outstanding as defined in the Performance Evaluation Article. (2) In instances where ratings are used to determine the order of layoff, employees with the same rating(s) or within the same rating groups and columns, will be separated according to seniority (most senior separated last). (3) Volunteers need not be separated prior to laying off classified employees provided the volunteers do not assume the duties of the laid off employees. (b) Order of Separation The order of separation of employees with permanent status shall be on a geographic basis by class and department in the following manner. For purposes of determining this order of separation, “geographic basis” shall be construed to mean that area within a thirty-five (35) road mile radius of the position’s regular duty station. (1) Employees with less than three (3) years of continuous State service and whose current, annual performance evaluation is less than Satisfactory shall be separated first. (2) Then, employees who have not received their first annual performance evaluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and separated in order of their ratings, those rated above “Satisfactory” being separated last. (3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” being separated last. (4) Then, employees with two (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last. (5) Then, employees with more than three (3) and less than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be separated last), except in the following instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4/5 3 4/5 3 4/5 4/5 4/5 4/5 4/5 (6) Then, employees with five (5) or more...

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DETERMINING SEPARATION. (a) For purposes of this section: (1) In instances where ratings are identified using numbers, a “ 2” shall be U nsatisfactory, a “ 3” shall be S atisfactory, a “ 4” sh all be E xcellent or “ 5” sh all be Outstanding as defined in the Performance Evaluation Article. (2) In i nstances where r atings are use d t o de termine the or der of l ayoff, em ployees with t he same rating(s) or within the sa me r ating g roups and co lumns, will be se parated acco rding t o seniority (most senior separated last). (3) Volunteers need not be se parated pr ior t o l aying of f cl assified em ployees provided t he volunteers do not assume the duties of the laid off employees. (b) Order of Separation The order of separation of employees with permanent status shall be on a g eographic basis by class and depar tment i n t he f ollowing m anner. For pur poses of det ermining t his order of separation, “geographic basis” sh all be co nstrued x x x ean t hat ar ea within a thirty-five ( 35) road mile radius of the position’s regular duty station. (1) Employees with l ess than t hree (3) years of continuous State se rvice and w hose cu rrent, annual performance evaluation is less than Satisfactory shall be separated first. (2) Then, em ployees who hav e not r eceived t heir f irst annual per formance ev aluation will be separated. These employees will be separated on the basis of their original probationary period evaluations and se parated i n or der of t heir r atings, t hose r ated abov e “ Satisfactory” bei ng separated last. (3) Then, employees with only one (1) annual performance evaluation will be separated. These employees will be listed by order of their ratings, “Outstanding” being separated last. (4) Then, em ployees with t wo (2) annual performance evaluations will be separated. Those employees will be placed in the following groups based on their performance ratings: 1. 2. 3. Group A: 2,2 3,2 2,3 Group B: 4/5,2 3,3 2,4/5 Group C: 4/5,3 3,4/5 4/5,4/5 The employees in Group A will be separated first, Group C last. (5) Then, employees with more than three (3) and l ess than five (5) years of continuous State service will then be separated. The order of layoff of these employees will be based on seniority (the employee with the most seniority will be se parated last), except in the f ollowing instance. An employee with any one (1) of the following combinations of ratings on his/her three (3) most recent annual performance evaluations will be separated last: 4/5 4/5 3 4...

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The Separation Subject to the satisfaction or waiver (in accordance with the provisions of Section 4.3) of the conditions set forth in Section 4.3, each of MII and B&W will use commercially reasonable efforts to take, or cause to be taken, any actions, including the transfer of Assets and the assumption of Liabilities, necessary to effect the Separation on or prior to the Distribution Date. As of and after the Distribution Time, B&W and its Subsidiaries shall, as between the B&W Group and the MII Group, be responsible for all B&W Liabilities, regardless of when or where such B&W Liabilities arose or arise, or whether the facts on which they are based occurred prior to or subsequent to the date hereof, regardless of where or against whom such B&W Liabilities are asserted or determined or whether asserted or determined prior to, at or after the date hereof, and regardless of whether arising from or alleged to arise from negligence, recklessness, violation of statute or Law, fraud or misrepresentation, breach of contract or other theory, by any member of the MII Group or the B&W Group or any of their respective directors, officers, employees, agents, Subsidiaries or Affiliates. As of and after the Distribution Time, MII and its Subsidiaries shall, as between the MII Group and the B&W Group, be responsible for all MII Liabilities, regardless of when or where such MII Liabilities arose or arise, or whether the facts on which they are based occurred prior to or subsequent to the date hereof, regardless of where or against whom such MII Liabilities are asserted or determined or whether asserted or determined prior to, at or after the date hereof, and regardless of whether arising from or alleged to arise from negligence, recklessness, violation of statute or Law, fraud or misrepresentation, breach of contract or other theory, by any member of the MII Group or the B&W Group or any of their respective directors, officers, employees, agents, Subsidiaries or Affiliates. Subject to Section 3.8(f), each of MII and B&W agrees on behalf of itself and each of its Subsidiaries as of the Distribution Time that the provisions of the Tax Sharing Agreement shall exclusively govern the allocation of Assets and Liabilities related to Taxes.
Sick Leave Separation Cash Out At the time of retirement from state service or at death, an eligible employee or the employee’s estate will receive cash for their compensable sick leave balance on a one (1) hour for four (4) hours basis. For the purposes of this Section, retirement will not include “vested out of service” employees who leave funds on deposit with the retirement system.
Flexible Scheduling All posts experience a higher day-time volume than occurs during the night hours and the Parties agree to a flexible scheduling as outlined below to be compatible with the needs of the community served and availability of on-call staff and the members of the post’s full-time staff.
Notice of Separation When an employee’s resignation is presumed in accordance with Section 27.2 above, the Employer will separate the employee by sending a separation notice to the employee by certified mail to the last known address of the employee. Such notice will include information regarding eligibility for continuation of medical benefits.
Disability Separation A. An employee with permanent status may be separated from service when the Employer determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the Employer based on an employee’s written request for disability separation or after obtaining a written statement from a licensed physician or licensed mental health professional. The Employer can require an employee to obtain a medical examination, at Employer expense, from a licensed physician or licensed mental health professional of the Employer’s choice. Evidence may be requested from the licensed physician or licensed mental health professional regarding the employee’s limitations. B. When the Employer has medical documentation of the employee’s disability and has determined that the employee cannot be reasonably accommodated in any available position for which they qualify, or the employee requests separation due to disability, the Employer may immediately separate the employee. C. The Employer will inform the employee in writing of the option to apply to return to employment prior to their separation due to disability. The Employer will provide assistance to individuals seeking reemployment under this Article for two (2) years. If reemployed, upon successful completion of the employee’s probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service. D. A disability separation is not a disciplinary action. Disability separation at the employee’s request is not subject to the grievance procedure in Article 30.
New Employee Orientation The Union will provide each agency personnel director with the names and addresses of up to two (2) authorized Union representatives per agency to receive notice of each formal orientation meeting held by the Department. The notice will be sent as soon as such meetings are scheduled (but not less than ten (10) days in advance) and will include date, time and location. Due to operational exigencies, agencies may schedule an orientation which will provide the Union with less than the requisite ten (10) days' notice; however the Union shall be notified as soon as possible after the scheduling of the orientation and the Union representative shall be released from duty. Agencies shall routinely schedule orientations in a manner that will allow for the ten (10) day advance notice to the Union. During the formal orientation, the Union will be permitted to give a twenty (20) minute presentation which may include an enrollment in supplemental Union benefits. The parties shall encourage employee attendance, although attendance shall not be mandatory if an employee objects to attending the presentation. In the event a formal orientation meeting is not held, or the Union is unable to attend the formal orientation because the designated Union representatives cannot be released under Article 4, the Employer shall allow the Union representative and the employee(s) to meet during duty hours at a mutually agreed upon time and location for twenty (20) minutes Employee participation in these meetings shall be encouraged although an employee shall not be required to attend such a meeting.
Switching and Tagging Rules Each Party shall provide the other Parties a copy of its switching and tagging rules that are applicable to the other Parties’ activities. Such switching and tagging rules shall be developed on a non-discriminatory basis. The Parties shall comply with applicable switching and tagging rules, as amended from time to time, in obtaining clearances for work or for switching operations on equipment.
Pre-Employment Testing Nothing in this Contract shall limit the right of the City to conduct any tests it may deem appropriate for persons seeking employment prior to their date of hire. The parties agree that the Lodge has no role or responsibility with regard to any such pre-employment testing.
Religious Objection Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support the Union as a condition of employment. Such an employee shall, in lieu of dues and fees, pay sums equal to such dues and fees to a non-religious charitable fund. These religious objections and decisions as to which fund will be used must be documented and declared in writing to the Union. Any employee exercising their right of religious objection must provide the Union with a receipt of payment to an appropriate charity on a monthly basis.
Employee Eligibility Verification The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

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