EXISTING PRACTICES. 17.01 Subject to the provisions of this Agreement, the Employer undertakes to continue recognized existing practices with respect to terms and conditions of employment. The Employer may, however, with due notice and on reasonable grounds expressed in writing (with a copy to the Association where practicable and normally with at least one (1) month’s advance notice), amend or discontinue such practices. The Employer’s decision to do so shall be subject to the grievance and arbitration procedures established by this Agreement for the purpose of determining whether such amendment was justified. The parties agree that the following procedures constitute notification of changes to existing practices:
(a) In the matters covered by specific articles in the Collective Agreement (e.g., clause 18.09, Appendix A (B)(1)), changes in existing practices would be effected in accordance with the provisions of that specific Article.
(b) In matters not specifically covered by the Collective Agreement and affecting all, or potentially all, employees, changes in existing practices would be effected through written notification from the Office of the Vice- President Academic to YUFA through the YUFA Co-Chairperson, JCOAA. It is agreed that this paragraph refers to such matters as parking fees, athletic fees and library regulations.
(c) In matters of a Faculty-wide nature, changes in existing practices, including policies, would be effected through written notification from the Xxxx or Associate Xxxx to the Office of the Vice-President Academic and then to YUFA through the YUFA Co-Chairperson, JCOAA. It is agreed that the grievance “ time clock ” in Article 17.01, would run only from the written notification of the change from the Office of the Vice-President Academic to YUFA through the YUFA Co-Chairperson, JCOAA.
(d) It is further agreed that changes in existing practices at a department level would be without prejudice to changes or lack of changes in existing practices in other departments within a Faculty and would be effected through written notification from the Xxxx or Associate Xxxx to the Office of the Vice-President Academic and then to YUFA through the YUFA Co-Chairperson, JCOAA.
(e) (i) In matters not specifically covered by the Collective Agreement where changes in existing practices with respect to computing and information technology would have a significant impact on terms and conditions of employment and/or the professional responsibilities of all, or potentia...
EXISTING PRACTICES. 7:01 Subject to the provisions of this Agreement, the Board of Governors undertakes to continue recognized existing practices with respect to terms and conditions of employment. The Board of Governors, however, after due notice and on reasonable and necessary grounds expressed in writing, may alter such practices. The decision of the Board of Governors to alter such practices shall be subject to the grievance and arbitration procedures established by this Agreement for the purpose of determining whether such alteration was justified on reasonable and necessary grounds. Existing practices mean practices with respect to terms and conditions of employment which are reasonable, certain, known, in force at the date of the commencement of this Agreement or during the preceding academic year.
7:02 The onus of establishing an existing practice within the meaning of clause 7:01 shall rest on the party or person who alleges the existence of such existing practice.
EXISTING PRACTICES. 1. Prior to modifying or discontinuing any working conditions not covered by the Agreement but possessed by all Members of the Bargaining Unit or by a group thereof, the Board agrees to give notice of such change or discontinuance to the Union.
2. The Union shall be afforded the opportunity to make a representation to the Board through the Joint Consultative Committee for the administration of the Agreement prior to the implementation of any change as defined in section 1 of this Article. After such representation, the Board has the right to proceed providing the change or discontinuance is urgent and reasonable.
EXISTING PRACTICES. Within sixty (60) days of ratification, the Company and the Union shall establish a Joint Committee to document agreed upon work rules and practices in existence at the terminals now covered by this Agreement. Any disputes shall be referred to the Chairs of the Company and Union negotiating committees. Any agreed upon work rules and practices shall be considered to be part of this Agreement for all purposes, including the grievance and arbitration process.
EXISTING PRACTICES. 6.1 Benefits or privileges respecting terms or conditions of employment that are reasonable certain and known but not covered by this Agreement will continue to be available to Members.
6.2 No new bylaws, policies or changes to the academic organization will be of any force or effect where they have a material effect on the terms and conditions of employment without providing the Association with an opportunity to comment and propose changes.
6.3 When a Member seeks to rely on any existing practice or policy as a term and condition of employment, the onus shall be on that Member to establish that such practice or policy is reasonable, certain and known.
6.4 The University acknowledges the importance of maintaining a climate in which the academic functions of Members can be effectively carried out, and will make reasonable efforts to provide an appropriate level of facilities and services. The University agrees that existing services and facilities currently provided to Members will be maintained in so far as is practicable and reasonable within the limits of the University budget and resources and the terms of this Agreement.
EXISTING PRACTICES. 7.1 The Board agrees that, during the term of this Agreement, it shall not create, amend or rescind by-laws or policies that would amend a term or condition of employment of Members as set out in this Agreement unless the Association provides written confirmation of its agreement with the proposed change in the by-law or policy.
7.2 Where the Employer proposes to establish a new by-law or policy or change an existing by- law or policy, which does not effect a change in the terms or conditions of Members’ employment as set out in this Agreement, but which has disciplinary consequences for Members or which affects the rights, duties and responsibilities of Members as set out in this Agreement, the Employer shall consult the Association.
EXISTING PRACTICES. L44.01 Copies of new Board Policies and Practices and updates of current ones shall be forwarded to the President of XXXXX Xxxxxxxx 00
EXISTING PRACTICES. 9.01 With respect to matters not covered by this Agreement, the Employer shall not diminish or impair, during the term of this Agreement, any benefit or privilege respecting terms or conditions of employment provided by official University bodies' by-laws or policies as of the effective date of this Agreement.
9.02 Subject to conditions hereinafter set forth, the Employer agrees that, during the term of this Agreement, it shall not establish new by-laws or policies which effect a general change in terms and conditions of employment, without the agreement of the Association.
9.02.1 Notwithstanding the foregoing, where the Employer proposes to establish a new by-law or policy or change an existing by-law or policy to comply with the law, which does not effect a general change in terms and conditions of Members’ employment, but which has disciplinary consequences for Members or which affects the rights, duties and responsibilities of Members as set forth in this Agreement, the Employer shall consult the Association.
9.02.2 The consultation referred to in section 9.02.1 requires the Employer to notify the Association within a reasonable period of time if it plans to establish or change a policy or by-law. The Employer shall forward to the Association a draft of the proposed by-law or policy and give the Association one (1) month or twenty (20) Working Days, whichever is longer, from the date of its receipt of the proposal to provide the Employer with the Association's comments in writing. The time period may be extended with the mutual agreement of the Employer and the Association. The Parties shall meet at their mutual convenience to discuss the draft and the Association’s comments before finalizing the policy or by-law.
9.03 Where a Member seeks to rely on any general existing practice or policy pursuant to Clause 9.01 as a term or condition of employment, the onus shall be on that Member to establish the existence of such practice or policy as being reasonable, certain and known.
9.04 The Employer acknowledges the importance of maintaining a climate in which the academic functions of Members can be effectively carried out, and will provide an appropriate level of facilities and services. The Employer agrees that existing services and facilities currently provided to Members will be maintained insofar as is practicable and reasonable within the limits of the University budget and the terms of this Agreement.
EXISTING PRACTICES. 9.01 With respect to matters not covered by this Agreement, the Employer shall not diminish or impair, during the term of this Agreement, any benefit or privilege respecting terms or conditions of employment provided by official University bodies' by-laws or policies as of the effective date of this Agreement.
9.02 Subject to conditions hereinafter set forth, the Employer agrees that, during the term of this Agreement, it shall not establish new by-laws or policies which effect a general change in terms and conditions of employment, without the agreement of the Association.
9.02.1 Notwithstanding the foregoing, where the Employer proposes to establish a new by-law or policy or change an existing by-law or policy to comply with the law, which does not effect a general change in terms and conditions of Members’ employment, but which has disciplinary consequences for Members or which affects the rights, duties and responsibilities of Members as set forth in this Agreement, the Employer shall consult the Association.
9.02.2 The consultation referred to in section 9.02.1 requires the Employer to notify the Association within a reasonable period of time if it plans to establish or change a policy or by-law. The Employer shall forward to the Association a draft of the proposed by-law or policy and give the Association one (1) month or twenty
EXISTING PRACTICES. In the interpretation of this Agreement nothing shall be construed as an existing practice unless it meets each of the following tests. It must be:
A. Long continued.
X. Xxxxxxx and uniform.
C. Consistently followed.
D. Generally known by the parties hereto.
E. Must not be in opposition to the terms and conditions of this contract.
