Serious Misconduct In the case of serious misconduct, or for disqualifying crimes as defined in statutes applied to the licensed provision of home care services, each Employer may in its sole discretion, for reasonable cause, bypass any one or all of the steps of progressive discipline. In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). Each Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance.
INDEPENDENT PERSONAL SERVICES 1. Income derived by a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State unless he has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities. If he has such a fixed base, the income may be taxed in the other State but only so much of it as is attributable to that fixed base.
2. The term "professional services" includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.
Gross Misconduct If the Participant’s employment with the Company or an Eligible Subsidiary is terminated for Gross Misconduct as determined by the Administrator, the Administrator in its sole discretion may provide that all, or any portion specified by the Administrator, of the Participant’s unvested RSUs shall automatically terminate as of the time of termination without consideration. The Participant acknowledges and agrees that the Participant’s termination of employment shall also be deemed to be a termination of employment by reason of the Participant’s Gross Misconduct if, after the Participant’s employment has terminated, facts and circumstances are discovered or confirmed by the Company that would have justified a termination for Gross Misconduct.
Outside Professional Activities 21.01 Outside professional activities may enhance the reputation of the University and the professional, scholarly and scientific competence of the ASM. ASMs are encouraged to involve themselves with the community outside the University in applying their professional skills and knowledge. This Article applies only to outside professional activities that involve the application of special skills and knowledge within the ASM's particular academic competence. An ASM may engage in such activities subject to the following conditions:
(a) Such activities shall not hinder the fulfillment of the ASM’s obligations to the University, including scholarly work, and the undertaking of a fair share of academic administration.
(b) Outside professional activities shall not require the commitment of a block of time which might interfere with the ASM’s normal timetable for teaching activities.
21.02 An ASM shall, upon written request, make available to his or her Administrative Head information on the nature and scope of paid outside professional activities.
21.03 When outside professional activities would involve the use of University supplies, facilities, employees, or services, such use shall be subject to the prior written approval of the Administrative Head. The request for approval shall include information on the nature and scope of the outside professional activities for which support is requested. If approval is granted, the charges for such equipment, supplies, facilities, employees or services shall be at the prevailing rates unless the Xxxxxxx & Vice-President (Academic) agrees, in writing, to waive all or part of the charges. When engaging in outside professional activities, the ASM shall ensure that he or she does not represent himself or herself as acting on behalf of the University. The University will assume no liability for any action brought against an ASM as a result of outside professional activities.
21.04 The name of the University shall not be used in any outside professional activity unless agreed, in writing, by the Xxxxxxx & Vice-President (Academic), although nothing shall prevent the ASM from stating the nature and place of his or her employment, rank and title, in connection with outside professional activities, provided that he or she shall not purport to represent the University or speak for it, or to have its approval unless that approval has been given in writing.
21.05 The provisions of this Article shall apply to ASM-CFEs mutatis mutandis.
Misconduct During employment with the Cardinal Group and with respect to clauses (A), (D), (E), (F) and (G), for three years after the Termination of Employment for any reason, Awardee agrees not to engage in Misconduct. If Awardee engages in Misconduct during employment or within three years after the Termination of Employment for any reason, then
(i) Awardee immediately forfeits the Performance Share Units that have not yet vested or that vested at any time within three years prior to the date the Misconduct first occurred and have not yet been paid pursuant to Paragraph 6, and those forfeited Performance Share Units automatically terminate, and
(ii) Awardee shall, within 30 days following written notice from the Company, pay to the Company in cash an amount equal to: (A) the gross gain to Awardee resulting from the payment of the Performance Share Units pursuant to Paragraph 6 that had vested at any time within three years prior to the date the Misconduct first occurred less (B) $1.00. The gross gain is the Fair Market Value of the Shares represented by the Performance Share Units on the [Payment Date]1 / [applicable payment date]2. As used in this Agreement, “Misconduct” means
(A) disclosing or using any of the Cardinal Group’s confidential information (as defined by the applicable Cardinal Group policies and agreements) without proper authorization from the Cardinal Group or in any capacity other than as necessary for the performance of Awardee’s assigned duties for the Cardinal Group;
(B) violation of the Standards of Business Conduct or any successor code of conduct or other applicable Cardinal Group policies, including but not limited to conduct which would constitute a breach of any representation or certificate of compliance signed by Awardee;
(C) fraud, gross negligence or willful misconduct by Awardee, including but not limited to fraud, gross negligence or willful misconduct causing or contributing to a material error resulting in a restatement of the financial statements of any member of the Cardinal Group;
(D) directly or indirectly soliciting or recruiting for employment or contract work on behalf of a person or entity other than a member of the Cardinal Group, any person who is an employee, representative, officer or director in the Cardinal Group or who held one or more of those positions at any time within the 12 months prior to Awardee’s Termination of Employment;
(E) directly or indirectly inducing, encouraging or causing an employee of the Cardinal Group to terminate his/her employment or a contract worker to terminate his/her contract with a member of the Cardinal Group;
(F) any action by Awardee and/or his or her representatives that either does or could reasonably be expected to undermine, diminish or otherwise damage the relationship between the Cardinal Group and any of its customers, prospective customers, vendors, suppliers or employees known to Awardee; or
(G) breaching any provision of any employment or severance agreement with a member of the Cardinal Group. Nothing in this Agreement will prevent Awardee from testifying truthfully as required by law, prohibit or prevent Awardee from filing a charge with or participating, testifying or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state or local government agency (e.g., Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission, etc.), or prevent Awardee from disclosing Cardinal Group’s confidential information in confidence to a federal, state or local government official for the purpose of reporting or investigating a suspected violation of law.
DEPENDENT PERSONAL SERVICES 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.
2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if:
a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the tax year concerned, and
b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and
c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by a resident of a Contracting State, may be taxed in that State.
Negligence We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider), and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this agreement (whichever is the lesser).
Personally Owned Professional Material The employer shall reimburse an employee to a maximum of $150 for loss, damage or personal insurance deductible to personally owned professional material brought to the employee’s workplace to assist in the execution of the employee’s duties, provided that:
a. The loss or damage is not the result of negligence on the part of the employee claiming compensation;
b. The claim for loss or damage exceeds ten (10) dollars;
c. If applicable, a copy of the claim approval from their insurance carrier shall be provided to the employer;
d. The appropriate Principal or Vice-Principal reports that the loss was sustained while on assignment for the employer.
Personal Duties The Employer and the Union agree that an employee will not be required to perform work not related to the business of the Employer. To this end, it is agreed that an employee will not be required to perform duties of a personal nature for supervisory personnel.
PROFESSIONAL BEHAVIOR
A. The Code of Ethics of the Education Profession is considered by the Faculty Senate and the Board as acceptable criteria of professional behavior. The Faculty Senate shall address ethical problems in accordance with the terms of such Code of Ethics of the Education Profession (Appendix A).
B. No bargaining unit member shall be disciplined or discharged without just cause or without being accorded due process, except as described in Article XI paragraph A, concerning the orientation period.
C. Non-disciplinary, paid administrative leave may be issued while an allegation of misconduct is being investigated. The bargaining unit member’s pay shall not be interrupted nor reduced while on non- disciplinary paid administrative leave. Non-disciplinary paid administrative leave is designed to protect the integrity of a fact-finding investigation, and shall not be considered discipline to the bargaining unit member.
D. A bargaining unit member shall at all times be entitled to have present a representative of the Faculty Senate when they are being reprimanded, warned, or disciplined for any infraction of rules or delinquency in professional performance. When a request for such representation is made, no action shall be taken with respect to faculty until such representative of the Faculty Senate is present.
E. The bargaining unit member shall sign and receive a copy of each disciplinary action. The signing of this document is not to be construed as an admission of guilt but only as an acknowledgement that such action exists. In imposing any sanction on a current charge, the College shall not consider any prior infraction which occurred more than six (6) years previous to the date of the occurrence of the event on which the current charge is based except in instances specified in Article III, paragraph M.
F. No student, parental, citizen, or college personnel complaints originating after initial employment shall be placed in a bargaining unit member’s personnel file unless the bargaining unit member has had an opportunity to review the material, to respond to the material, and a preponderance of the evidence that supports that discipline is merited. Complaints against the bargaining unit member shall be put in writing with names of the complainant(s). The administrator shall attach to the written complaint a written explanation of all administrative action taken and administrative expectations (if any) of the bargaining unit member. The bargaining unit member may submit a written notation or reply regarding any complaint, and the same shall be attached to the file copy of the material in question. When documentation relating to a complaint is to be placed in a bargaining unit member’s file, the affected bargaining unit member shall be given the opportunity to review and sign said material; such signature will be understood to indicate awareness of the material but in no instance will said signature be interpreted to mean agreement with the content of the material.
