Exclusions From and Inclusions to the Bargaining Unit Sample Clauses

Exclusions From and Inclusions to the Bargaining Unit. 23.01 The Employer shall notify the Union of its desire to newly exclude any individual from the Bargaining Unit, in writing, addressed to the President of the Union, or designee, with a copy to the Local Chair and the Union Representative assigned to the Local. This shall take place if the Employee’s duties may warrant a possible inclusion/exclusion from the Bargaining Unit. 23.02 The Union will respond, in writing, to the Employer’s notification within twenty- eight (28) days of its receipt of the notice in Clause 23.01. If the Parties fail to agree, they shall meet and attempt to resolve the difference. 23.03 The Union may request to review an excluded Position if it believes the duties have changed. 23.04 This Article is not intended to take away or reduce the rights of either Party as it relates to the Public Service Employee Relations Act.
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Exclusions From and Inclusions to the Bargaining Unit. 23.01 The Employer shall notify the Union of its desire to newly exclude any individual from the Bargaining Unit, in writing, addressed to the President of the Union with a copy to the Chair of Local 052 and the Union Representative assigned to Local 052. The notification shall include a Job Profile for the Position and reporting structure for the Department. This shall take place in the following circumstances: (a) if the Employee’s current Position is moved to a Job Family that is excluded from the Bargaining Unit; (b) if the Employee’s duties change in such a way as to warrant a possible exclusion from the Bargaining Unit. 23.02 If the Union agrees to the Employer’s request under Xxxxxx 23.01, the Union will advise the Employer in writing within fourteen (14) days of its receipt of the notice in Clause 23.01. 23.03 The Union shall have fourteen (14) days to respond to the Employer in writing if the Union disagrees with the exclusion request. The Union may request an extension to this time limit and such a request shall not be unreasonably denied. 23.04 If the Employer creates a new excluded support staff Position, the Union will be notified in writing. The Union shall have fourteen (14) days to respond to the Employer in writing if the Union disagrees with the new exclusion. The Union may request an extension to this time limit and such a request shall not be unreasonably denied. 23.05 The Parties shall meet if the Union has advised that it disagrees with the exclusion request in Clause 23.01 or new exclusion in Clause 23.04. The Parties will endeavor to resolve the matter. Should the Parties fail to reach an agreement, then either Party is free to make application to the Labour Relations Board for a determination with respect to inclusion or exclusion. 23.06 The Union may request to review an excluded Position if it believes there is evidence that the duties have changed. The process for review will be that which is contained in Clause 23.04. 23.07 This Article is not intended to take away or reduce the rights of either Party as it relates to the Public Service Employee Relations Act.
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Exclusions From and Inclusions to the Bargaining Unit. It is agreed that as those persons who occupy positions and are appointed as an Administrative and Professional Officer (approximately 43), and, in addition, those persons who are classified as Programmer/ Analyst IV’s shall be reviewed by the parties as each Position becomes vacant to determine if the Position is appropriately excluded from the Bargaining Unit.
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Exclusions From and Inclusions to the Bargaining Unit. 23.01 The Board shall notify the Union of its desire to newly exclude any individual from the Bargaining Unit, in writing, addressed to the President of the Union, or designee, with a copy to the Local Chair and the Union Representative assigned to the Local. This shall take place if the Employee’s duties may warrant a possible inclusion/exclusion from the Bargaining Unit. 23.02 The Union will respond, in writing, to the Board’s notification within twenty- eight
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Related to Exclusions From and Inclusions to the Bargaining Unit

  • EXCLUSIONS FROM THE BARGAINING UNIT The parties agree that the positions identified as excluded shall be excluded positions for the life of this agreement. Decisions related to additional excluded positions shall be by mutual agreement or shall be resolved by SERB.

  • Positions outside the Bargaining Unit (a) An employee may substitute temporarily in a position outside the bargaining unit for up to fifteen (15) months from the date of the assignment. Bargaining unit employees shall be given the first opportunity to fill the resulting vacancy. The employee shall have the right to return to her or his bargaining unit position prior to the expiry of the fifteen (15) month period by giving the Employer six (6) weeks’ notice. Where an employee is backfilling outside of the bargaining unit for purposes of pregnancy and/or parental leave, the period of time will be extended up to nineteen (19) months from the date of the assignment. An employee who remains outside of the bargaining unit beyond the period covered by this article shall lose all seniority. When the employee returns to the bargaining unit, all other employee(s) shall revert to their previous positions. An employee must remain in the bargaining unit for a period of at least three (3) months before transferring out of the bargaining unit again or she or he will lose all seniority held at the time of the subsequent transfer unless the parties agree otherwise. (b) An employee who accepts a transfer under (a) above will not be required to pay Union dues for any complete calendar month during which no bargaining unit work is performed. (c) An employee who accepts a permanent position outside of the bargaining unit will lose all seniority held at the time of the transfer. (d) The Employer will advise the Union of the names of any employees pursuant to Article 9.17(a) or (b).

  • Transfer and Seniority Outside the Bargaining Unit (a) It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding six (6) months. Such employees on temporary assignments shall remain members of the bargaining unit. (b) An employee who is transferred to a position outside the bargaining unit shall not, subject to (c) below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit within twenty-four (24) months of the transfer he or she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his or her return to the bargaining unit. An employee not returned to the bargaining unit within 24 months shall forfeit bargaining unit seniority. (c) In the event an employee transferred out of the bargaining unit under (b) above is returned to the bargaining unit within a period of six (6) calendar months, he shall accumulate seniority during the period of time outside the bargaining unit."

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

  • Collective Bargaining Unit 1.1 The Company recognizes the Union as the sole bargaining agent for all regular, part-time and temporary employees1, including technicians of the construction field forces and security employees but excluding: (a) Employees now represented by other bargaining agents. (b) Persons above the rank of working supervisor. (c) Persons who exercise managerial functions in accordance with the Ontario Labour Relations Act. (d) Persons employed in a confidential capacity in matters relating to labour relations in accordance with the Ontario Labour Relations Act. 1.2 The grievance/arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by the Company which results in the exclusion of any employee or position from the bargaining unit. The parties will attempt to resolve disputes expeditiously. 1 "Employees" are employees pursuant to the Labour Relations Act for Ontario SO, 1995, c.1 Schedule A, as amended. 1.3 When an employee is removed from normal duties to act in a vacated position or relieve for an incumbent or perform a temporary assignment, the following shall apply: (a) When the length of time involved is known to be three months or less, the employee will retain his/her present jurisdictional status. (b) When it is expected that the length of time will be longer than three months, the employee will be excluded or included at the commencement of his/her new responsibilities. However, in the event the period is actually less than three months: (1) in exclusion cases, the Union will be reimbursed the dues which would have been paid; (2) in inclusion cases, the Union will reimburse the employee the dues which have been paid. (c) When the length of time is unknown, the employee will retain his/her present jurisdictional status up to the three month period. If the period extends beyond three months, the employee will then be either included or excluded.

  • Exclusions from Coverage The Long-Term Disability Plan does not cover total disabilities resulting from: A) war, insurrection, rebellion, or service in the armed forces of any country; B) voluntary participation in a riot or civil commotion, except while an employee is in the course of performing the duties of her regular occupation; C) intentionally self-inflicted injuries or illness.

  • Exclusions from General Release Excluded from the Release are any claims or rights that cannot be waived by law, as well as Executive’s right to file a charge with an administrative agency or participate in any agency investigation. Executive is, however, waiving the right to recover any money in connection with a charge or investigation. Executive is also waiving the right to recover any money in connection with a charge filed by any other individual or by the Equal Employment Opportunity Commission or any other federal or state agency.

  • SINGLE BARGAINING UNIT The parties to this Agreement, along with all those employees whose employment is governed by this Agreement, constitute a single bargaining unit for the purposes of negotiating and implementing the terms of this Agreement. The form and operation of this single bargaining unit will be subject to this Agreement.

  • CFR PART 200 Contract Provisions Explanation Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members: The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds. The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable.

  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to: (a) indemnify or advance funds to Indemnitee for Expenses or Losses with respect to proceedings initiated by Xxxxxxxxxx, including any proceedings against the Company or its directors, officers, employees or other indemnitees and not by way of defense, except: (i) proceedings referenced in Section 4 above (unless a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such proceeding was not made in good faith or was frivolous); or (ii) where the Company has joined in or the Board has consented to the initiation of such proceedings; (b) indemnify Indemnitee if a final decision by a court of competent jurisdiction determines that such indemnification is prohibited by applicable law; (c) indemnify Indemnitee for the disgorgement of profits arising from the purchase or sale by Indemnitee of securities of the Company in violation of Section 16(b) of the Exchange Act, or any similar successor statute; or (d) indemnify or advance funds to Indemnitee for Indemnitee’s reimbursement to the Company of any bonus or other incentive-based or equity-based compensation previously received by Indemnitee or payment of any profits realized by Indemnitee from the sale of securities of the Company, as required in each case under the Exchange Act (including any such reimbursements under Section 304 of the Xxxxxxxx-Xxxxx Act of 2002 in connection with an accounting restatement of the Company or the payment to the Company of profits arising from the purchase or sale by Indemnitee of securities in violation of Section 306 of the Xxxxxxxx-Xxxxx Act).

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