Excluded Persons. Persons who are found to be bargaining unit employees as a result of specific decisions of the Ontario Labour Relations Board or by agreement of the Council/College and the Union, and whose former status was administrative or excluded staff, shall be governed by this Agreement and Appendix B.
Excluded Persons. Business associate represents and warrants to covered entity that business associate (i) is not currently excluded, debarred or otherwise ineligible to participate in any Federal health care program as defined in 42 USC § 1320a-7b (f) ("the Federal health care programs"); (ii) has not been convicted of a criminal offense related to the provision of health care items or services and not yet been excluded, debarred, or otherwise declared ineligible to participate in the Federal health care program, and (iii) is not under any investigation or otherwise aware of any circumstances which may result in business associate being excluded from participation in the Federal health care programs. This shall be an ongoing representation and warranty Agreement, and business associate shall immediately notify covered entity of any change in the status of the representation and warranty set forth in this section. Any breach of this section shall give covered entity the right to terminate this Agreement immediately for cause.
Excluded Persons. Anyone excluded from the bargaining unit(s) as described in Article 1.01 shall not perform services for Clients normally provided by members of the bargaining unit save and except in cases of emergency or for training or demonstration.
Excluded Persons a) Supervisors and persons whose jobs are not included in the bargaining unit, shall not perform bargaining unit work except in the case of emergency, instructing employees and cases mutually agreed by the parties.
b) Unpaid Volunteers shall not perform bargaining unit work.
c) This article is not intended to affect the arrangements which may be made for specialized care of residents, which may include but not be limited to private duty nurses or physio-therapy.
Excluded Persons. 32.01 Persons excluded from the bargaining unit will not perform duties normally performed by employees in the bargaining unit to the extent it will directly cause or result in the layoff of employees in the bargaining unit or except for the purposes of instruction, emergencies or when bargaining unit employees are not available.
Excluded Persons. Electrolytic Capacitor means: aluminum and tantalum electrolytic capacitors; and, Electrolytic Class Period means: September 1, 1997 to December 31, 2014. Québec Superior Court (District of Montreal), File No. 500- 06-000704- 144 (the “Québec Action”) Option consommat eurs Panasonic Corporation; Sanyo Electric Group Ltd.; NEC Tokin Corporation; Nippon Chemi-Con Corporation; Hitachi Chemical Co. Ltd.; Nichicon Corporation; Hitachi AIC Inc.; Xxxx Co. Ltd.; Holy Stone Enterprise Co., Ltd.; Holy Stone Holdings Co., Ltd; Matsuo Electric Co., Ltd.; Rohm Co., Ltd.; Rubycon Corporation; Toshin Kogyo Co., Ltd. All Persons who purchased in Québec at least one Electrolytic Capacitor or a product containing at least one Electrolytic Capacitor during the Electrolytic Class Period, except Excluded Persons. British Columbia Supreme Court (Vancouver Registry) Court File No. S-146293 (the “BC Electrolytic Action”) Xxxx Xxxxxx Pansonic Corporation f/k/a/ Matsushita Electric Industrial Co., Ltd.; Panasonic Corporation of North America; Panasonic Canada Inc.; Sanyo Electric Co., Ltd.; Sanyo Electronic Device (U.S.A.) Corp.; Sanyo North America Corporation; Taiyo Yuden Co., Ltd.; Taiyo Yuden (USA) Inc.; NEC Tokin Corporation; NEC Tokin America, Inc.; KEMET Electronics Corporation; Nippon Chemi-Con Corporation; United Chemi-Con, Inc.; Hitachi Chemcial Co., Ltd.; Hitachi AIC Inc.; Hitachi Chemical Co. America, Ltd.; Hitachi Canada; Fujitsu Ltd.; Fujitsu Canada, Inc.; Nichicon Corporation; FPCAP Electronics (Suzhou) Co., Ltd.; Nichicon (America) Corporation; AVX Corporation; Rubycon Corporation; Rubycon America Inc.; Xxxx Co., Ltd.; Xxxx America Inc.; Matsuo Electric Co., Ltd.; Toshin Kogyo Co., Ltd.; Holy Stone Enterprise Co., Ltd.; Milestone Global Technology, Inc. d.b.a Holystone International; Vishay Intertechnology, Inc.; Vishay Polytech Co., Ltd. f/k/a/ Holy Stone Polytech Co., Ltd.; Samsung Electro-Mechanics; Samsung Electro-Mechanics America Inc.; Samsung Electronics Canada Inc.; ROHM Co., Ltd. and ROHM Semiconductor U.S.A., LLC All Persons in British Columbia who purchased Electrolytic Capacitors or a product containing an Electrolytic Capacitor during the Electrolytic Class Period except Excluded Persons. Electrolytic Capacitor means: aluminum and tantalum electrolytic capacitors; and, Electrolytic Class Period means: September 1, 1997 to December 31, 2014. Ontario Superior Court of Justice Court File No. 1272/16 CP (the “Ontario Film Action”) Xxxx Xxxxxx AVX Corporatio...
Excluded Persons. Dentist represents and certifies that neither it, nor its Affiliated Parties or Downstream Entities have been suspended or excluded from participation in the Medicare program or any other federal health care program (as defined in 42 U.S.C. § 1320a-7b(f)). Dentist shall check appropriate databases regularly, but no less than annually and upon hiring and subcontracting, to determine whether any Affiliated Party or Downstream Entity has been suspended or excluded from participation in the Medicare program or any other federal health care program. Databases include the U.S. Department of Health and Human Services (“HHS”) Office of Inspector General list of excluded individuals and entities (LEIE) (xxxxx://xxx.xxx.xxx/exclusions/index.asp) and the System for Awareness Management (XXX) lists of parties excluded from federal procurement and nonprocurement programs (xxxxx://xxx.xxx.gov/portal/public/XXX/). Dentist shall notify MA Plan immediately in writing if Dentist, an Affiliated Party, or any Downstream Entity is suspended or excluded from the Medicare program, or any other federal program monitored as described in this section. Dentist shall prohibit any Affiliated Party or Downstream Entity that appears on any of the above-listed databases or who has opted out of Medicare from doing any work directly or indirectly related to the delivery or administration of Covered Services to MA Members. MA Plan reserves the right to require Dentist to demonstrate compliance with this provision upon reasonable request.
Excluded Persons. Anyone excluded from the bargaining as described in Article shall not perform services for clients normally provided by members of the bargaining unit save and except in cases of emergency or for training or demonstration. When a new classification (which is covered by the terms of the Collective Agreement) is established by the Employer, the Employer shall determined the rate of pay for such new classification and notify the Local Union of the same within seven (7) days. If the Local Union challenges the rate, it shall have the right to request a meeting with the Employer to endeavour to negotiate a mutually satisfactory rate. Such request will be made within then (10) days after the receipt of notice from the Employer of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Employer. If the parties are unable to agree, the dispute concerning the new rate may be submitted to Arbitration as provided in the agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or Arbitrator as the case may be) shall be based on the relationship established by the comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification. When the Employer makes a substantial change during the term of this agreement in the job content of an existing classification which in reality causes such classification to become a new classification, the Employer agrees to meet with the Union if requests to permit the Union to make representation with respect to the appropriate rate of pay. If the matter is not resolved following the meeting with the Union, the matter may be referred to Arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or Arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classification in the bargaining unit having regard to the requirements of such classification. The parties further agree that any change mutually agreed to or awarded as a result of Arbitration shall be retroactive only to the date that the Union raised the issue with the Employer.
Excluded Persons. The following persons are not subject to the provisions of this Agreement, even though performing Project Work:
A. Superintendents, supervisors (excluding general forepersons, forepersons, and field surveyors, specifically covered by a craft's Collective Bargaining Agreement), engineers, professional engineers and/or licensed architects engaged in inspection and testing, quality control assurance personnel, timekeepers, mail carriers, clerks, office workers, messengers, guards, technicians, non-manual employees, and all professional, engineering, administrative and management persons;
B. DDOT employees;
C. DDOT’s existing on-call contractors, or contractors retained in a non- competitive environment, retained separately by DDOT to correct, replace or remedy defective, non-conforming or faulty Project Work performed by the Design Build Contractor or its Contractors;
D. DDOT’s construction manager (except when performing the Project Work);
E. Any other municipal or public agency, authority or entity, and their respective employees;
F. Employees and contractors of utility companies.
G. Employees and entities engaged in off-site manufacture, modifications, repair, maintenance, assembly, painting, handling or fabrication of project components, materials, equipment or machinery or involved in deliveries to and from the Project Site, except to the extent they are lawfully included in the bargaining unit of a Collective Bargaining Agreement;
H. Employees of the Design Build Contractor (except when performing the Project Work);
I. Employees engaged in on-site, non-routine servicing of equipment (such as repair and warranty work), unless employees are already working on the Project Site and are certified to service equipment;
J. Employees engaged in geophysical testing other than boring for core samples;
K. Employees engaged in laboratory, specialty testing, or inspections, pursuant to a professional services agreement between the Design Build Contractor, or any of the Design Build Contractor's other professional consultants, and such laboratory, testing, inspection or surveying firm; and
L. Employees engaged in on-site maintenance of installed equipment or systems, which maintenance is awarded as part of a contract that includes Project Work, but which maintenance occurs after installation of such equipment or system and is not directly related to construction services.
Excluded Persons. PROVIDER agrees that it shall not employ any management staff or hire any agents who have been convicted of criminal offenses related to their involvement in Medicaid, Medicare, or any other social service plan under Title XX of the Social Security Act.
