Common use of Failure to Progress Clause in Contracts

Failure to Progress. If the apprentice does not meet the Standards of Achievement, and/or fails to follow the Apprentice Roles and Responsibilities as defined in the Apprentice Administrative Manual, he or she will be placed on an Action Plan. Time Period Number of Action Plans Permitted Subject to JATC Removal: 1st Step – 4th Step (0 mo – 24 mo) Up to two total Action Plans during the entire program, four steps. If there is a need for a 3rd Action Plan at any point in time during the four-step program, the apprentice is subject to be removed by the JATC. • The Action Plan will: o Begin on the day a deficiency is presented to the apprentice and supervisor by the Apprentice Training Coordinator, and be scheduled to end in no later than 90 consecutive days unless special provisions have been approved by the JATC. o End on the day the requirements in the Action Plan are fulfilled. • All action plans must be presented to the JATC for review and approval. The JATC has the final authority to: o Approve/Extend an Action Plan o Remove an apprentice from the program If an apprentice has exhausted his or her allotment of Action Plans, the apprentice will have their apprentice training program suspended by the Apprentice Transmission System Operator program leader/Local Review Committee (LRC) members pending review by the JATC. All apprentice removals are subject to review and approval by the JATC. The JATC will rely on PG&E leaders (Supervisors) to use the Positive Discipline (PD) process to address apprentices' attitudes, behaviors and attendance. This proposed agreement has been reviewed by Assistant Business Manager Xxx Xxxxxxx. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS & ELECTRIC COMPANY By: Xxxxxxx Xxxx Director The Union is in agreement. LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- CIO February 4 , 2020 By:

Appears in 1 contract

Samples: Letter Agreement

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Failure to Progress. If the an apprentice does not meet the Standards of Achievement, and/or fails to follow the Apprentice Roles and Responsibilities as defined in the Apprentice Administrative Procedures Manual, he or she will be placed on an Action Plan. The Action Plan will: • Begin on the day a deficiency is presented to the Apprentice and Supervisor by the Apprentice Coordinator and be scheduled to end no later than 30 consecutive days unless special provisions have been approved by the JATC. • End on the day the Action Plan requirements are fulfilled. All Action Plans must be submitted to the JATC for review and approval. The JATC has the final authority to: • Approve / extend an Action Plan. • Remove an apprentice from the program. Time Period Number of Action Plans Permitted Subject to JATC RemovalRemoval If: 1st Step – 4th First Step (0 mo – 24 6 mo) Up to one Action Plan during the first step. If there is a need for a 2nd Action Plan in the first step, the apprentice is subject to removal by the JATC. First Step - Sixth Step (0 mo – 36 mo) Up to two total Action Plans during the entire program, four six steps. If there is a need for a 3rd Action Plan at any point in time during the foursix-step program, the apprentice is subject to be removed removal by the JATC. • The Action Plan will: o Begin on the day a deficiency is presented to the apprentice and supervisor by the Apprentice Training Coordinator, and be scheduled to end in no later than 90 consecutive days unless special provisions have been approved by the JATC. o End on the day the requirements in the Action Plan are fulfilled. • All action plans must be presented to the JATC for review and approval. The JATC has the final authority to: o Approve/Extend an Action Plan o Remove an apprentice from the program If an apprentice has exhausted his or her allotment of Action Plans, the apprentice will have their apprentice training program suspended by the Apprentice Transmission System Operator LNG/CNG Technician program leader/Local Review Committee (LRC) LRC committee members pending review by the JATC. All apprentice removals are subject to review and approval approved by the JATC. The JATC will rely on PG&E leaders (Supervisors) to use the Positive Discipline (PD) process to address apprentices' attitudes’ attitude, behaviors behavior and attendance. This proposed agreement has been reviewed by Assistant Business Manager Xxx Xxxxxxx. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS & ELECTRIC COMPANY By: Xxxxxxx Xxxx Director The Union is in agreement. LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- CIO February 4 , 2020 By:.

Appears in 1 contract

Samples: Letter Agreement

Failure to Progress. If the An apprentice who does not meet the Standards successfully complete any year of Achievement, and/or fails to follow the Apprentice Roles and Responsibilities as defined in the Apprentice Administrative Manual, he or she will be placed on an Action Plan. Time Period Number of Action Plans Permitted Subject to JATC Removal: 1st Step – 4th Step (0 mo – 24 mo) Up to two total Action Plans during the entire program, four steps. If there is a need for a 3rd Action Plan at any point in time during the four-step program, the apprentice is subject to be removed by the JATC. • The Action Plan will: o Begin on the day a deficiency is presented to the apprentice and supervisor by the Apprentice Training Coordinator, and be scheduled to end in no later than 90 consecutive days unless special provisions have been approved by the JATC. o End on the day the requirements in the Action Plan are fulfilled. • All action plans must be presented to the JATC for review and approval. The JATC has the final authority to: o Approve/Extend an Action Plan o Remove an apprentice from the program If an apprentice has exhausted his or her allotment of Action Plans, the apprentice apprenticeship training will have their wage rate “frozen” at their current level and be allowed to repeat the year at Employer expense. Should an apprentice be unsuccessful in completing this repeated year, the employee will be allowed a second repeat at their own expense. Should the apprentice be unsuccessful in completing this second repeat, they may be terminated without recourse to the grievance procedure. Layoffs An apprentice who has been laid off but has completed sufficient hours to qualify them for the next year of formal apprenticeship training program suspended will be eligible for expenses as provided in to com- plete the training for that period. A laid-off apprentice taking formal apprenticeship training will not be deemed to have been recalled if the employee would not have oth- erwise been recalled. Apprentices shall work with a journeyman at the ratio listed in the Trade Regulations. ARTICLE EXTRA-TERRITORIAL ASSIGNMENTS Whereas from time to time requests are made of the Employer to release from their service employees covered by this Craft Services Employees Collective Agreement (hereinafter referred to as the Collective Agreement) between the Union and the Employer to work for extra-territorial employers beyond the territorial boundaries of the Province of Alberta; And whereas the Union and the Employer are prepared to agree to release such employees on the basis such releases will be made in accordance with the following procedures and conditions. Now therefore the parties mutually agree one with the other: For the purposes of this Article, an extra-territorial employer can be or other extra-territorial employers agreed to by the Apprentice Transmission System Operator program leader/Local Review Committee (LRC) members pending review Employer and the Union. In the event of any request for work with an extra territorial employ- er beyond the territorial boundaries of the Province of Alberta the Employer will post same as follows: The posting shall remain open for bids for fourteen days. The posting will contain the job functions, classifications, location, proposed starting date, proposed duration and all other known per- tinent information. Employees may apply for the posting. Successful applicants will be offered employment in writing. An offer of employment shall include the minimum requirements con- tained in this Agreement. In addition, the offer may contain other terms and conditions of employment which exceed the said mini- mum requirements. The applicant shall accept or reject the offer within forty-eight hours of its receipt by the JATCemployee. All apprentice removals Acceptances shall be in writ- ing. Applications for postings may be withdrawn by the employee at any time prior to acceptance of the offer. Acceptance of the offer shall mean the employee is ineligible dur- ing the period of their extra-territorial employment to bid on any vacancies or transfers or promotions within the bargaining unit. The employee shall, however, be eligible to bid during that time on another extra-territorial opportunity. Upon acceptance of the offer by an employee, the Union shall immediately be notified of the terms and conditions not stated here- in, the location of the employee and an address through which the Union may contact the employee by mail. A copy of the accepted offer shall immediately be forwarded to the Union. Any posting shall be deemed to be a posting within the meaning of the Collective Agreement. Where circumstances cause a deviation from the policy of posting opportunities, the Union will be notified in writing stating the rea- sons for the deviation. The period of release shall commence at the time the employee commences their employment with the extra-territorial employer. Upon any of the events set out in this paragraph occurring, the employee shall be returned as an employee of the Employer to the same classification at the same headquarters they were in at the time of accepting the extra-territorial offer. The employee shall accrue seniority and benefit service as if they were an employee of the Employer for the period for which they have been released until: Completion of job. Completion of the terms set out in the accepted offer. The extra-territorial reason. employer ends the employment relationship for Mutual consent of the Employer and the employee; such consent by the Employer not being unreasonably withheld. The employee is terminated from the Employer following of the recall period provided in Article Xxxxxx and Recall of this Agreement. The terms of the written offer shall contain the following minimum The basic hourly rate of pay shall not be less than the rate plus ten percent paid to an employee from time to time for that clas- sification under the Collective Agreement. There shall be no obligation to pay any differentials, bonuses, allowances, premiums or like payments set out in the Collective Agreement except as provided for herein or as provided for in the offer and acceptance. Overtime shall be paid at double time the Collective Agreement classification rate for all hours worked over eight hours a day or eighty regular hours in the fourteen day period. The equivalent to the number of holidays set out in the Collective Agreement will be granted and taken at a time mutually agreed to. Vacation entitlements will be as set out in the Collective Agreement and accrued as if there was no break in service. The scheduling of such vacations will be as mutually agreed and in the event that a scheduled vacation has not been taken prior to returning to the Employer, the Employer agrees to honour any agreed-to scheduled vacation. Vacation pay shall be calculated as a percentage of the employee’s regular earnings exclusive of overtime pay when working with an extra territorial employer. Employees working with an extra-territorial employer who would otherwise be laid off under terms of this Agreement shall be given notice of layoff from the Employer as required by this Agreement but may continue employment with the extra territorial employer under the terms contained herein; and: be returned to their headquarters and immediately laid off fol- lowing the end of the assignment if they have not been recalled as provided in this Agreement; or, be returned to their headquarters and terminated following the end of the assignment provided the recall period in this Agreement has expired; or, be given recall notice if applicable as provided in this Agreement. An employee working on an extra territorial assignment who receives a recall notice from the Employer will be expected to fulfil the extra-territorial assignment before returning to the Employer. Medical, dental, vision and group life insurance coverage will be maintained for any dependents and the employee will be covered by equivalent benefits for all time out of the employ of the Employer and will immediately recommence for the employee upon their return to the Employer. The Pension Death Benefit will continue to be applicable for any affected employee. Benefit service within the meaning of the appli- cable plan will accrue for all time served with the extra-territorial employer. Employees taking assignments in continental North America shall receive at least one economy return ticket by air for each four weeks of extra-territorial service. Such ticket may be used either by the employee or a dependent. The time at which the ticket may be used shall be mutually agreed between the employee and the extra- territorial employer. Employees taking extra-territorial assignments outside of continen- tal North America shall receive reasonable economy return air transportation to allow them to return on a regular basis to their home at a mutually convenient time. In the event that the employee and the extra-territorial employer agree that the employee will move their residence to an extra-xxxxx- xxxxxx location during their assignment then they shall not be eligible for the return travel set out in or or the allowances set out in and unless they are working at a location other than the location of their new residence. In the event that the loca- tion of the extra-territorial assignment is within the continental United States then the amount they shall receive, pursuant to Sections and herein, shall be paid in U.S. dollars. Employees shall receive all sick leave and other leaves, except jury and election leave. in accordance with the of the Agreement. The employee shall receive economy air transportation to the loca- tion of the extra-territorial assignment upon commencement and upon completion to their headquarters An allowance for meals for each of the extra-territorial will be made as follows: Breakfast $ Lunch $ An will receive reasonable and actual expenses for lodging upon the production of receipts. An employee will receive an incidental expense of five dollars per day of the extra-territorial assignment. In the event that local conditions necessitate, the extra-territorial employer shall grant meal allowances in excess of those set out in Art. It is that in the event that the location of the employee ‘is in the States then the payment of the meal allowances and incidental allowance shall be made in U.S. dollars. Notwithstanding anything contained herein, any employee who has accepted, whether such acceptance is in writing or not, an offer prior to the execution of this Agreement on terms and conditions more advantageous to the employee than those set out herein, such terms and conditions shall continue until completion of the or completion of the terms accepted in the offer, whichever occurs. The shall cause to be paid to the Union all Union dues and fees’ affected employee during the time they are under the extra-territorial accepted offer. In the event that the employee or the Union or the Employer have a difference as to the interpretation, application, operation, contra- vention or alleged contravention, including any question of relating to this Memorandum of Agreement or the offer made hereunder then it shall be resolved as follows Within fourteen calendar days of the date of the alleged occur- rence causing the difference, the affected employee shall file a grievance with Employee Relations. A copy of the grievance shall be also filed with the Business Manager of the Union. The Business Manager of the Union and Employee Relations of the Employer shall attempt to settle the grievance within fourteen calendar days of receipt. In the event that a settlement cannot be achieved, the Union may, in accordance with the procedures set out in the Collective Agreement, refer the matter to arbitration. If either the Union or the Employer believes a difference exists then the Business Manager of the Union or Employee Relations shall, within fourteen calendar days of the alleged occurrence of the difference, file a written grievance with the other. They shall, within fourteen calendar days of receipt, attempt to settle the difference. If unsuccessful then either party, in accordance with the procedure set out in the Collective Agreement, may refer the differ- ence to arbitration. The Arbitration Board and its award shall be subject to review the provi- sions of the Canada Labour Code and approval regulations thereunder. Upon acceptance of the offer by the JATCemployee, the extra-territorial employer and the employee shall execute a contract of employ- ment in the terms of the accepted offer and upon such execution, the employee shall for the period of the release set out above be deemed to be an employee of the extra-territorial employer. The JATC will rely on PG&E leaders (Supervisors) employee shall remain an employee of the Employer until the period of release commences. The Employer, at all times, guarantees the terms and conditions of any executed contract of employment between an extra-territorial employer and the employee. The parties to this Agreement the requirement to follow safe work practices when performing work and to use protective safety equipment supplied by the Positive Discipline (PD) process to address apprentices' attitudes, behaviors Employer. The Employer shall ensure that each employee is aware of this requirement and attendanceall applicable safety rules and regulations. This proposed agreement has been reviewed Memorandum of Agreement shall be considered an amend- ment to the Collective Agreement and shall replace and supersede the Collective Agreement as it relates solely to the releasing of employees covered by Assistant Business Manager Xxx Xxxxxxxthe Collective Agreement for extra-territorial employment. If you agree, please so indicate in the space provided below and return one executed copy The terms of this letter Agreement shall be binding on the Union, the Employer and the employee. Its term shall coincide with the term of the Collective Agreement as it forms part of the Collective Agreement. In all other aspects, the Collective Agreement is hereby confirmed. ARTICLE ACTING ASSIGNMENTS Acting assignments for craft employees may be within the Employer or with outside employers not covered by Article Extra-Territorial Assignments Craft employees may accept acting assignments: with outside employers or Operations Development Alliance assignments for periods not exceeding thirty six months, or, in out of scope professional positions within the Employer for periods not exceeding twelve months. Filling Acting Assignments Acting assignments shall be posted in accordance with Article Job Postings. Advance postings may be issued to identify interested, qualified employees to fill these assignments. Successful applicants for acting assignments shall be selected on the Companybasis of seniority, ability and qualifications. Very truly yours, PACIFIC GAS & ELECTRIC COMPANY By: Xxxxxxx Xxxx Director The Union is Employees accepting an acting assignment will receive a minimum additional five percent increase to their regular rate of pay. Employees accepting an acting assignment will continue to pay union dues based on their last craft rate of pay. Employees on acting assignments shall have benefits maintained at a level not less than that contained in this or any successor agreement. LOCAL UNION NOEmployees seniority. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- CIO February 4 , 2020 By:on acting assignments continue to accrue Layoffs and Acting Assignments

Appears in 1 contract

Samples: Craft and Services Employees

Failure to Progress. If the apprentice does not meet the Standards of Achievement, and/or fails to follow the Apprentice Roles and Responsibilities as defined in the Apprentice Administrative Manual, he or she will be placed on an Action Plan. Time Period Number of Action Plans Permitted Subject to JATC Removal: 1st Step – 4th Step (0 mo – 24 mo) Up to two total Action Plans during the entire program, four steps. If there is a need for a 3rd Action Plan at any point in time during the four-step program, the apprentice is subject to be removed by the JATC. • The Action Plan will: o Begin on the day a deficiency is presented to the apprentice and supervisor by the Apprentice Training Coordinator, and be scheduled to end in no later than 90 consecutive days unless special provisions have been approved by the JATC. o End on the day the requirements in the Action Plan are fulfilledf ulfilled. • All action plans must be presented to the JATC for review and approval. The JATC has the final f inal authority to: o Approve/Extend an Action Plan o Remove an apprentice from the program Time Period Number of Action Plans Permitted Subject to JATC Removal: 1st Step –5th Step (0 mo –30 mo) Up to two total Action Plans during the entire program, five steps. If there is a need f or a 3rd Action Plan at any point in time during the five step program, the apprentice is subject to be removed by the JATC. If an apprentice has exhausted his or her allotment of Action Plans, the apprentice will have their apprentice training program suspended by the Apprentice Transmission System Operator Electrical Technician program leader/leader/ Local Review Committee (LRC) members pending review by the JATC. All apprentice removals are subject to review and approval by the JATC. The JATC will rely on PG&E leaders (Supervisors) to use the Positive Discipline (PD) process to address apprentices' attitudes, behaviors and attendance. This proposed agreement has been reviewed by Assistant Business Manager Xxx Xxxxxxx. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS & ELECTRIC COMPANY By: Xxxxxxx Xxxx Director The Union is in agreement. By: Xxxxxxx Xxxx Senior Director LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- AFL-CIO February 4 {{Dte_es_:Signer:date}} Nov 13, 2020 , 2020 By: {{$IBEW}} {{#IBEW=IBEW_es_:signer7:signature:dimension(width=35mm, height=12mm):align(center)}}

Appears in 1 contract

Samples: Letter Agreement

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Failure to Progress. If the apprentice does not meet the Standards of Achievement, and/or fails to follow the Apprentice Roles and Responsibilities as defined in the Apprentice Administrative Manual, he or she will be placed on an Action Plan. Time Period Number of Action Plans Permitted Subject to JATC Removal: 1st Step – 4th Step (0 mo – 24 mo) Up to two total Action Plans during the entire program, four steps. If there is a need for a 3rd Action Plan at any point in time during the four-step program, the apprentice is subject to be removed by the JATC. • The Action Plan will: o Begin on the day a deficiency is presented to the apprentice and supervisor by the Apprentice Training Coordinator, and be scheduled to end in no later than 90 consecutive days unless special provisions have been approved by the JATC. o End on the day the requirements in the Action Plan are fulfilled. • All action plans must be presented to the JATC for review and approval. The JATC has the final authority to: o Approve/Extend an Action Plan o Remove an apprentice from the program Time Period Number of Action Plans Permitted Subject to JATC Removal: 1st Step – 6th Step (0 mo – 36 mo) Up to two total Action Plans during the entire program, six steps. If there is a need for a 3rd Action Plan at any point in time during the six-step program, the apprentice is subject to be removed by the JATC. If an apprentice has exhausted his or her allotment of Action Plans, the apprentice will have their apprentice training program suspended by the Substation Maintenance Apprentice Transmission System Operator Electrician program leader/Local Review Committee (LRC) members pending review by the JATC. All apprentice removals are subject to review and approval by the JATC. The JATC will rely on PG&E leaders (Supervisors) to use the Positive Discipline (PD) process to address apprentices' attitudes, behaviors and attendance. This proposed agreement has been reviewed by Assistant Business Manager Xxx Xxxxxxx. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS & AND ELECTRIC COMPANY By: Xxxxxxx Xxxx Senior Director The Union is in agreement. CIO LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- CIO February 4 March 25th , 2020 By:

Appears in 1 contract

Samples: Letter Agreement

Failure to Progress. If the apprentice does not meet the Standards of Achievement, and/or fails to follow the Apprentice Roles and Responsibilities as defined in the Apprentice Administrative Manual, he or she will be placed on an Action Plan. Time Period Number of Action Plans Permitted Subject to JATC Removal: 1st Step – 4th Step (0 mo – 24 mo) Up to two total Action Plans during the entire program, four steps. If there is a need for a 3rd Action Plan at any point in time during the four-step program, the apprentice is subject to be removed by the JATC. • The Action Plan will: o Begin on the day a deficiency is presented to the apprentice and supervisor by the Apprentice Training Coordinator, and be scheduled to end in no later than 90 consecutive days unless special provisions have been approved by the JATC. o End on the day the requirements in the Action Plan are fulfilled. • All action plans must be presented to the JATC for review and approval. The JATC has the final authority to: o Approve/Extend an Action Plan o Remove an apprentice from the program Failure to Progress Due to # of Time Period Action Plans Permitted If there is a need for: Assessment Failure Performance Initial Training (Weeks 1 – 5) 1st Failure – Remediate 2nd Failure – Removal Removal 0 2 failures removed from program After completion of Initial Training & within 1st Step 1st Failure – Remediate 2nd Failure – Removal** Removal*** 0 Any additional failures will be grounds for removal **If the 2nd failure is outside of the initial 6-week training and on a different assessment than the 1st failure – the Probationary Removal Review Committee consisting of a minimum of 2 company and 1 IBEW representatives will review the apprentice’s overall performance to determine if the apprentice will be removed or given an opportunity to retest. This review will be overseen by Labor Relations. ***If there are performance issues which call for potential removal, the Probationary Removal Review Committee consisting of a minimum of 2 company and 1 IBEW representatives will review the apprentice’s overall performance to determine if the apprentice will be removed or given an opportunity to continue in the program. This review will be overseen by Labor Relations. 2nd Step Action Plan Action Plan 1 2nd Action Plan, the apprentice is subject to be removed by the JATC 3rd – 8th Step Action Plan Action Plan 2 3rd Action Plan, the apprentice is subject to be removed by the JATC If an apprentice has exhausted his or her allotment of Action Plans, the apprentice will have their apprentice training program suspended by the Apprentice Transmission System Operator Lineworker program leader/Local Review Committee (LRC) members pending review by the JATC. All apprentice removals are subject to review and approval by the JATC. The JATC will rely on PG&E leaders (Supervisors) to use the Positive Discipline (PD) process to address apprentices' attitudes, behaviors and attendance. This proposed agreement proposal has been reviewed by Sr. Assistant Business Manager Xxx XxxxxxxXxxxxxx and Assistant Business Manager Xxxxxxx Xxxxxxxxxx. If you agree, please so indicate in the space provided below and return one executed copy of this letter to the Company. Very truly yours, PACIFIC GAS & AND ELECTRIC COMPANY By: Xxxxxxx Xxxx Senior Director The Union is in agreement. LOCAL UNION NO. 1245, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- AFL-CIO February 4 {{$IBEW}} {{Dte_es_:Signer:date}} May 4, 2020 2023 , 2023 By: {{#IBEW=IBEW_es_:signer8:signature:dimension(width=35mm, height=12mm):align(center)}}

Appears in 1 contract

Samples: Letter Agreement

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