EXCLUSION OF TENURE IN POSITION Sample Clauses

EXCLUSION OF TENURE IN POSITION. A bargaining unit member, who has not previously attained tenure at Grand Ledge in a non-classroom capacity pursuant to article III, Section 1 of the Michigan Teachers’ Tenure Act, MCLA 38.91, and who is placed in a position other than that of a classroom teacher, shall not be deemed to have tenure in such position by virtue of this contract or any individual contract for such non-classroom position and tenure in the non-classroom position is hereby specifically denied. However, such an individual in the non-classroom position shall be deemed to have continuing tenure as an active classroom teacher.
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EXCLUSION OF TENURE IN POSITION. A bargaining unit member, who has attained tenure, under the Michigan Teachers' Tenure Act, as a classroom teacher, who is in a position other than a classroom teacher, shall not be deemed to have tenure in such position by virtue of this contract or any individual contract for such non-classroom position, but shall be deemed to have continuing tenure as an active classroom teacher.
EXCLUSION OF TENURE IN POSITION. A. The provisions of this Article shall apply to all bargaining unit members who are eligible for tenure under the Michigan Teachers’ Tenure Act (MCLA 38.71 et. seq.; MSA 15.
EXCLUSION OF TENURE IN POSITION. A. The provisions of this Article shall apply to all bargaining unit members who are eligible for tenure under the Michigan Teachers’ Tenure Act (MCLA 38.71 et. seq.; MSA 15.1971 et. seq.). B. A bargaining unit member assigned to a position other than as a classroom teacher, within the meaning of the Teachers’ Tenure Act, MCLA 38.71 et. seq., shall not be deemed to have tenure in such a non-classroom position by virtue of this contract or any individual contract. Such tenure is hereby specifically denied and excluded. However, the bargaining unit member shall be eligible for continuing tenure as an active classroom teacher in accordance with the provisions of the Teachers’ Tenure Act.
EXCLUSION OF TENURE IN POSITION. This contract does not confer tenure upon the Superintendent in the position of Superintendent or any other administrative position.
EXCLUSION OF TENURE IN POSITION. A. A bargaining unit member, who has not previously attained tenure under the Michigan Teachers' Tenure Act, MCLA 38.71 et seq.; MSA l5.1971 et. seq.; in a position other than as a classroom teacher, shall not be deemed to have tenure in such position by virtue of this contract or any individual contract for such non-classroom position but this shall not affect any continuing tenure a teacher may have as an active classroom teacher. B. The Association and Board, recognizing that ARTICLE III, Section l of the Michigan Teacher Tenure Act makes tenure in a position other than as a classroom teacher subject to contract, agree that no employee of the Board shall be deemed to have tenure in any position other than as a classroom teacher. C. The District and Association, recognizing that tenure in a position other than as a
EXCLUSION OF TENURE IN POSITION. A. A bargaining unit member, who has not previously attained tenure under the Michigan Teachers' Tenure Act, MCLA 38.71 et seq.; MSA l5.1971 et. seq.; in a position other than as a classroom teacher, shall not be deemed to have tenure in such position by virtue of this contract or any individual contract for such non-classroom position but this shall B. The Association and Board, recognizing that ARTICLE III, Section l of the Michigan Teacher Tenure Act makes tenure in a position other than as a classroom teacher subject to contract, agree that no employee of the Board shall be deemed to have tenure in any position other than as a classroom teacher. C. The District and Association, recognizing that tenure in a position other than as a classroom teacher under ARTICLE III, Section l of the Michigan Teacher Tenure Act is subject to the provisions of this collective bargaining agreement, specifically agree that the layoff and recall provisions of this agreement pertaining to seniority has precedence over any conflicting claims predicated upon ARTICLE III, Section l of the Michigan Teacher Tenure Act. It is expressly understood between the Association and the Board that seniority as provided in ARTICLE XX of this agreement and the mutually agreed upon application of rights attendant to seniority, including particularly in reference to layoff and recall, have and shall take precedence over the reference to layoff and recall, have and shall take precedence over the "tenure in position" rights of a tenured teacher to placement in a position other than as a classroom teacher which may have arisen by reason of the State Teacher Tenure Commission's interpretation of MCLA 38.91; MSA l5.1991 in Xxxx v East Detroit (80-17); Xxxxxxx v Board of Education of the Centerline Public Schools (81-82)
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EXCLUSION OF TENURE IN POSITION. A. The provisions of this Article shall apply to all bargaining unit members who are eligible for tenure under the
EXCLUSION OF TENURE IN POSITION. The District and Association, recognizing that tenure in a position other than as a classroom teacher under ARTICLE III, Section l of the Michigan Teacher Tenure Act is subject to the provisions of this collective bargaining agreement, specifically agree that the layoff and recall provisions of this agreement pertaining to seniority has precedence over any conflicting claims predicated upon ARTICLE III, Section l of the Michigan Teacher Tenure Act. It is expressly understood between the Association and the Board that seniority as provided in ARTICLE XX of this agreement and the mutually agreed upon application of rights attendant to seniority, including particularly in reference to layoff and recall, have and shall take precedence over the reference to layoff and recall, have and shall take precedence over the "tenure in position" rights of a tenured teacher to placement in a position other than as a classroom teacher which may have arisen by reason of the State Teacher Tenure Commission's interpretation of MCLA 38.91; MSA l5.1991 in Xxxx v East Detroit (80-17); Xxxxxxx v Board of Education of the Centerline Public Schools (81-82) and their progeny. The parties express this understanding, clarify and reaffirm their mutual intent to enforce and abide by the provisions of the collective bargaining agreement which they negotiated and executed in good faith. Rights under said agreement are mutually recognized to prevail over inconsistent claims predicated upon "tenure in position." • There shall be two (2) furlough days for each of the following years: 2013-14, 2014-15, 2015-16. • All teachers shall use one (1) furlough day on the June Records Day annually. The remaining one (1) furlough day may be taken on any of the following days (a combination of two half days may be taken or a full day on the January Records Day) by submitting the normal absence request form: November Records PM for Elem/MS, January Exam Days in PM, January Records Day, April Records PM for Elem/MS, June Exam Days in PM • Teachers on the steps during the 2012-13 school year will remain on that same step for the 2013-14 school year but be moved to the 2013-16 SALARY SCHEDULE. • Teachers will advance one-half (.5) step for the 2014-15 school year • Teachers will advance one-half step (.5) for the 2015-16 school year • First, in the event the 2014-15 audited Fund Balance is above 10% and the amount above 10% is sufficient to remove one (1) furlough day without causing the 2014-15 Fund Balanc...

Related to EXCLUSION OF TENURE IN POSITION

  • Mortgagee in Possession Nothing herein contained shall be construed as constituting Mortgagee a mortgagee in possession in the absence of the actual taking of possession of the Premises by Mortgagee pursuant to this Mortgage.

  • DELAY IN POSSESSION If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

  • No Mortgagee in Possession Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

  • Reconfirmed in Position Where a position is to be transferred into a new structure in the same location and grade, where there is one clear candidate for the position, the employee is to be confirmed in it. Where there is more than one clear candidate the position will be advertised with appointment made as per normal appointment procedures.

  • Parties in Possession Except as disclosed on Exhibit B, there are no parties in possession of any Leased Property or any portion thereof as managers, lessees, tenants at sufferance, or trespassers.

  • Substantial Damage Upon the occurrence of Substantial Damage (as hereinafter defined) to the Property after the Effective Date and before the Closing Date, Seller shall promptly deliver notice thereof to Purchaser, and Purchaser may, at its option, either (a) terminate this Agreement by written notice thereof given to Seller and Escrow Agent within fifteen (15) days after receipt of notice from Seller as to such Substantial Damage, whereupon the Deposit will be returned to Purchaser, and the parties shall have no further obligations under this Agreement, except for those which expressly survive any termination of this Agreement, or (b) proceed to close the transaction contemplated herein without any delay pursuant to the terms hereof, in which event Seller shall deliver to Purchaser at the Closing, or as soon as available, any insurance proceeds actually received by Seller and attributable to the Property damaged by such casualty (other than on account of business or rental interruption relating to the period prior to Closing but including all business or rental interruption relating to the period on or after Closing), shall assign to Purchaser any right it may have to receive insurance proceeds attributable to the Property damaged by such casualty (other than on account of business or rental interruption relating to the period prior to Closing but including all business or rental interruption relating to the period on or after Closing), and Purchaser shall receive a credit against the Purchase Price in the amount of the deductible. If Purchaser has not terminated this Agreement due to the Substantial Damage, Seller shall timely file and process a claim respecting the Substantial Damage with its insurer, but shall not settle or adjust the claim without obtaining Purchaser’s approval, which shall not be unreasonably withheld, delayed or conditioned. For purposes of this Agreement, “Substantial Damage” shall mean any casualty or loss resulting in a repair expense in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) or any damage which results in the Franchisor refusing to enter into the New Franchise Agreement. If the Scheduled Closing Date is less than the full fifteen (15) day period for Purchaser to make its determination of whether to terminate or close, the Scheduled Closing Date shall be extended to five (5) business days after expiration of the full fifteen (15) day period.

  • Consequential Loss Notwithstanding anything contained in this Agreement, neither Party shall be liable to the other Party for any indirect, special, consequential, punitive, and/or exemplary damages or losses arising from any act or omission by that Party relating to this Agreement and each Party (the “Indemnifying Party”) shall defend, indemnify and hold the other Party (the “Indemnified Party”) harmless in respect of any and all such indirect, special, consequential, punitive, and/or exemplary damages or losses suffered or incurred by the Indemnifying Party (provided that nothing in this Clause 16 shall relieve any Party from any express obligation under this Agreement to make any payment to another).

  • Interruption of Services Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

  • Information in Postings Such notice shall contain the following information: Nature of position, qualifications, required knowledge and education, skills, wage or salary rate or range and location. The posting shall reflect the job content. Such qualifications shall not be decided in an arbitrary or discriminatory manner.

  • Consequential Losses Except as otherwise specifically provided herein, neither Party shall be liable to the other Party for any indirect, incidental or consequential loss or damages irrespective of the causes, thereof including fault or negligence.

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