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Displacement (Bumping Sample Clauses

Displacement (Bumping. The Employer shall provide any Employee who exercises bumping rights with written notice of transfer to their new position. Any Employee displaced by such transfer shall be provided with written notice of layoff in accordance with Article 33.4.
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Displacement (Bumping. Where an employee has not been assigned to a vacancy they shall be subject to layoff in accordance with the following applicable sections: a) An employee who has completed their probationary period and who is subject to layoff as a surplus employee shall have the right to displace an employee who shall be identified by the Employer in the following manner and sequence: i) The Employer will identify the employee with the least seniority in the same employment classification (as defined by Schedule A) in which the surplus employee is presently working and if such employee has less seniority than the surplus employee they shall be displaced by the surplus employee provided that the surplus employee has the qualifications and experience to perform the work of such employee. ii) If no employee in the same employee classification has less seniority than the surplus employee the Employer will identify the employee in an equal or lower classification immediately below the salary grade in which the surplus employee is presently working who has the least seniority and if they have less seniority than the surplus employee they will be displaced by the surplus employee provided that the surplus employee has the qualifications and experience to perform the work of such employee. iii) Failing displacement under i) or ii) the Employer will review employee classifications in descending order until a position is found in which the employee with the least seniority has less seniority than the surplus employee. In that event such employee will be displaced by the surplus employee provided that the surplus employee has the qualifications and experience to perform the work of such employee. b) The employee must indicate in writing to the Associate Vice President of Human Resources their intention to displace another employee as far in advance as possible but not later than five (5) days after receipt of written notice of layoff. If they do not indicate their intent to displace another employee within this period they shall be deemed to have opted to be laid off. c) Where the employee chooses not to exercise their displacement rights, he/she shall be laid off.
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Displacement (Bumping. Employees serving a probationary period (except as described in Article 9.03 (Promotion) and 9.04 (Transfer)) shall not have displacement rights. Unless specified otherwise in this Agreement, employees shall have the right to displace bargaining unit employees with less seniority, providing they have the qualifications, skills and abilities to perform the job. Employees exercising their bumping rights as per this article, and who displace bargaining unit employees with less seniority; i) within the same salary band, shall be paid at their current rate; ii) within a lower salary band, shall be paid the Pay Equity Target Rate for that band; iii) within a higher salary band, shall be paid at the same rate of pay as the previous incumbent in the position, or the current Pay Equity Target Rate, if the incumbent was exception-rated.
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Displacement (Bumping. Both parties agree that job security shall increase in proportion to length of service. In the event of a lay-off, employees shall be laid off in reverse order of seniority. Employees so displaced shall be allowed to replace the junior employee in a classification in which they are qualified to perform the work. Employees displaced by lay-off based on bargaining unit wide seniority shall have the election of displacing a junior employee as stated above or accepting lay-off. Such election must be made within five (5) working days of the notification of displacement. Failure to make an election as provided above will result in the lay-off of the employee concerned.
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Displacement (Bumping. Employees identified for layoff that have seniority (bumping) rights to equal or lower-paying classifications within the representation unit must declare their intention to exercise these rights at least 14 calendar days prior to layoff; otherwise, bumping rights will automatically terminate. In addition, employees exercising the right to a lower classification shall be required to sign a voluntary demotion form. Bumping shall not occur outside the division that the employee is employed in except that an employee subject to layoff who, during the 36-month period immediately previous to layoff date, held other classifications anywhere in the representation unit shall be allowed to exercise seniority to bump employees in such other classes. To successfully bump, the employee must be fully qualified, trained, and capable of performing all the work of the new classification and must have held position with regular status in the service of the City of Mountain View. An employee shall be allowed to return to a lateral or lower classification in another department in which the employee previously held regular status provided that the employee served no fewer than six months in that classification in that department in the City of Mountain View.
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Displacement (Bumping. The Board shall have no obligation to create part-time positions to retain tenure teacher with greater seniority but may do so in its discretion. Nothing in this section shall prohibit a more senior teacher from directly bumping the least senior teacher in a position for which he/she is qualified and certified when being laid off. The more senior teacher shall provide the intent to displace another teacher within five (5) working days of the layoff notice. Working days shall be defined as days the superintendent’s office is open.
Sample 1
Displacement (Bumping. An employee who receives notice of layoff may displace an employee in the same or lower classification within the County provided that each of the following conditions are met: 1. The employee has higher County seniority; 2. The employee has held regular status in said lower or equivalent classification within the County: (Employees may bump into intermediate classes in a series if they held permanent status at a lower level; for example: an Eligibility Worker III would be allowed to bump into an Eligibility Worker II class even if they did not hold permanent status in it; provided that they held permanent status in the Eligibility worker I class.); 3. The employee is willing to accept the reduced compensation level; 4. The employee meets the minimum qualifications for the lower class; and 5. The employee submits written displacement action to the CAO within ten (10) days after receipt of the layoff notice. 6. When bumping in the same or a lower class, the bumping employee will displace the least senior employee in the class. If an employee is bumped, he/she shall be laid off in the same manner as an employee whose position has been abolished.
Sample 1
Displacement (Bumping. A City employee shall be allowed to return to: (a) a lateral or lower classification in his /her current department provided the employee previously held permanent status in that classification in the City of Mountain View; or (b) a lateral or lower classification in another depart- ment in which the employee previous ly held permanent status, provided that the employee served no less than six (6) months in that classification in that department in the City of Mo untain View. However, if a lateral position exists in the employee's current department, he /she must bump into that position rather than choose to bump into the same lateral posi- tion in another department. In both (a) and (b), the employee must have more total seniority in the lateral / lower classification and in higher classifications than the least senior employee in that classification in the department in question. • The employee shall only have the righ t to displace: (a) if there are no vacancies that the employee is qua lified to fill at the same level per Section D; and (b) if there are no vacancies in a lateral /lower classifi- cation into which the employee is otherwise qualified to displace per this policy. • Employees can only displace (bump) other employees if the employee is fully qualified and capabl e of performing all of the work in the new position / classification as determined by the appointing Department Head and Employee Services Director. The term "flexibly staffed" positions are those specific designated posi- tions within a City of Mountain View classification series containing an entry and /or an intermediate and / or a journey level and which can be filled at any of those levels. Time se rved in a designated flexibly staffed position shall be counted as time served in one position for the purpose of displacement and for determining seniority in Section A.
Sample 1

Related to Displacement (Bumping

  • Displacement (a) An Employee whose position is eliminated by the Employer or who is displaced in accordance with this Article shall, provided the Employee has not less than 24 months of seniority: (i) have the right to displace an Employee with less seniority in a position for which the Employee has the ability to perform the work; (ii) at the Employee’s option, take a position which is vacant and for which the Employee has the ability to perform the work; or (iii) at the Employee’s option, accept layoff with the right of recall. If an Employee elects (i) or (ii) and the Employer determines that the Employee does not have the ability to perform the work of the position selected, the Employer shall inform the Employee and the Local of such within 10 consecutive calendar days, exclusive of Saturdays, Sundays and Named Holidays which are specified in Article 18: Named Holidays, of the Employee making such selection. The Employee shall then have the right to make another selection in accordance with Article 15.04. (b) An Employee exercising the right to displace another Employee or to take a vacant position pursuant to Article 15.04(a) shall within 72 hours, exclusive of Saturdays, Sundays or Named Holidays, of receipt of written notice from the Employer of the elimination of the Employee’s position or displacement, advise the Employer, in writing, of their decision, including the name of the Employee they wish to displace or the vacant position they wish to take. Where there is more than one (1) Employee on that unit with an equivalent full-time equivalency, Shift pattern, and length of Shift, to that of the selected position, the Employee shall displace the least senior of such Employees. Where the Employee fails to exercise such right within the specified time limit, the Employee shall be deemed to have waived the right to displace another Employee or take a vacant position and the Employer shall: (i) place the Employee in any available vacant position of the Employer’s choice for which the Employee has the ability to perform the work and is within a radius of 50 kilometers from the current site (an Employee may elect to be laid off, with recall rights if the position is located at a site outside the boundaries of the municipality in which the current site is located); or (ii) in the absence of such a vacancy effect a layoff in accordance with Article

  • Signaling Link Transport 9.2.1 Signaling Link Transport is a set of two or four dedicated 56 kbps transmission paths between Global Connection-designated Signaling Points of Interconnection that provide appropriate physical diversity.

  • Transportation Transportation expenses include, but are not limited to, airplane, train, bus, taxi fares, rental cars, parking, mileage reimbursement, and tolls that are reasonably and necessarily incurred as a result of conducting State business. Each State agency shall determine the necessity for travel, and the mode of travel to be reimbursed.

  • Technological Displacement The Employer agrees that, whenever possible, no employee shall lose employment because of technological change, utilizing normal turnover of staff to absorb such displaced employees. However, when necessary to reduce staff, it shall be done as outlined in Article 6.01.

  • Transport The Parents consent to the Pupil travelling by any form of public transport and / or in a motor vehicle driven by a responsible adult who is duly licensed and insured to drive a vehicle of that type.

  • Anti-dumping 1. A Party shall not apply anti-dumping measures as provided for under Article VI of the GATT 1994 and the WTO Agreement on Implementation of Article VI of the GATT 1994 in relation to products originating in another Party. 2. The Parties recognise that the effective implementation of competition rules may address economic causes leading to dumping.

  • Disconnection Upon termination of this Agreement, Developer and Connecting Transmission Owner will take all appropriate steps to disconnect the Developer’s Large Generating Facility from the New York State Transmission System. All costs required to effectuate such disconnection shall be borne by the terminating Party, unless such termination resulted from the non-terminating Party’s Default of this Agreement or such non-terminating Party otherwise is responsible for these costs under this Agreement.

  • Transportation Services i) In the event that transportation services for a student served by CONTRACTOR pursuant to an Individual Services Agreement are to be provided by a party other than CONTRACTOR or the LEA or its transportation providers, such services shall be reflected in a separate agreement signed by the parties hereto, and provided to the LEA and SELPA Director by the CONTRACTOR. Except as provided below, CONTRACTOR shall compensate the transportation provider directly for such services, and shall charge the LEA for such services at the actual and reasonable rates billed by the transportation provider, plus a ten percent (.

  • Inclement Weather 16.1 The parties are committed to working together to minimize the impact of inclement weather. The employer will ensure reasonable allowance is included in contracts taking into account historic weather conditions and forecast rainfall. 16.2 Inclement weather means the existence of rain or abnormal climatic conditions (whether hail, extreme cold, high wind, severe dust storm, extreme heat (as defined in clause 14), poor air quality (as defined in clause 15), or the like or any combination of these conditions) where it is not reasonable or it is unsafe for employees to continue working in those conditions. 16.3 The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 16.2 apply. 16.4 The time work stops due to inclement weather and the resumption of work after a period of inclement weather has ended will be recorded by the employer. 16.5 When inclement weather conditions exist, an affected employee is not required to start or continue to work where it is unreasonable or unsafe to do so. In cases where emergency work is required or it is necessary to complete a concrete pour already commenced to a practical stage, work may occur or continue provided that such work does not give rise to a reasonable concern on the part of an employee undertaking the work of an imminent risk to their health or safety. 16.6 Where emergency work or a concrete pour is completed in accordance with clause 16.5, work will be paid at the rate of 200% of the ordinary hourly rate calculated to the next hour, and in the case of wet weather, the employee will be provided with adequate wet weather gear. If an employee’s clothes become wet as a result of working in the rain the employee will be allowed to go home for the remainder of the day without loss of pay. 16.7 Where an employee is not able to perform any work at any location because of inclement weather, the employee will receive payment at the ordinary hourly rate for ordinary hours. Payment for time lost due to inclement weather is subject to a maximum of 32 hours pay in any 4-week period for each employee. Payment is subject to adherence to the terms of clause 16. 16.8 An employee working on a Job Share arrangement pursuant to clause 30—Job Share, that is affected by inclement weather, will be entitled to payment from the 32-hour inclement weather bank on a pro rata basis. 16.9 Employees accumulated inclement weather bank shall not be deducted whilst they remain on site. 16.10 Inclement weather occurring during overtime will not be taken into account for the purposes of clause 16 and employees will not be entitled to any payment for stoppages because of inclement weather that occurs outside of ordinary hours. 16.11 Employees on a portion of a site not affected by inclement weather must continue to work even though employees working on other areas of the site may have stopped work because of inclement weather. 16.12 Subject to the availability of alternative work in an employee’s classification, an employer may require employees to transfer: (a) from a location on a site where it is unreasonable and/or unsafe to work because of inclement weather, to another area on the same site, where it is reasonable and safe to work; and/or (b) from a site where it is unreasonable and/or unsafe to work because of inclement weather, to another site, where it is reasonable and safe to work, and where the employer, where necessary, provides transport. 16.13 Remaining on site where, because of inclement weather, the employees are prevented from working: (a) for more than an accumulated total of 4 hours of ordinary time in any one day; or (b) after the main meal break, for more than half of the ordinary work time; or (c) during the final 2 hours of the normal workday for more than an accumulated total of one hour; the employer will not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances. However, where genuine training has been agreed in writing between the parties, then the course maybe completed in extraordinary circumstances. 16.14 Where the employees are in the sheds, because they have been rained off, or because it is at starting time, morning tea, or lunch time, and it is raining, they will not be required to go to work in a dry area or to be transferred to another site unless: (a) the rain stops; or (b) a covered walkway has been provided; or (c) the sheds are under cover and the employees can get to the dry area without going through the rain; or (d) adequate protection is provided. 16.15 Protection must, where necessary, be provided for the employees’ tools.

  • Welding Welding and use of cutting torches or cutoff saws will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum 10-foot radius of all welding and cutting operations. A shovel and a 5-gallon standard backpack water container filled and with handpump attached shall be immediately available for use in the event of a fire start. C8.64 – DEBARMENT AND SUSPENSION CERTIFICATION (3/18). Pursuant to 2 CFR 180 and 2 CFR 417, Purchaser shall certify and obtain certifications from its Subcontractors regarding debarment, suspension, ineligibility, and voluntary exclusion, including additional Subcontractors obtained after award of this contract. “Subcontractors” are participants in lower tier covered transactions. Purchaser may rely upon a certification of a prospective Subcontractor that it is not proposed for debarment under 48 CFR 9.4, debarred, suspended, ineligible, or voluntarily excluded from participating in covered transactions or timber sales, unless Purchaser knows that the certification is erroneous. Purchaser shall keep the certifications of its Subcontractors on file until timber sale Termination Date and any extensions thereof, and will provide a copy at the written request of Contracting Officer. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this Subsection. The knowledge and information of Purchaser is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If Purchaser knowingly enters into a timber sale transaction with a person who is proposed for debarment under 48 CFR 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in covered transactions or timber sales, in addition to other remedies available to the Government, Forest Service may pursue available remedies, including suspension and/or debarment. Contracting Officer shall provide a copy of Forms AD-1047 Certification Regarding Debarment, Suspension and Other Responsibility Matters – Primary Covered Transactions and AD-1048 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions to the Purchaser. Purchaser shall complete form AD-1047 and provide to the Contracting Officer upon request. Purchaser shall require each subcontractor to complete form AD-1048 and provide to the Contracting Officer upon request.

Most Referenced Clauses

Most Referenced Definitions