Failure to Qualify Sample Clauses

Failure to Qualify. 15.5.1 Employees failing to qualify for automatic progression due to unsatisfactory performance shall not be reconsidered for a period of six (6) months.

Failure to Qualify. The term failure to qualify shall mean: (a) Failure to receive a recommendation for a flight test after completion of the full training program; or (b) Failure of the actual flight test after receiving said training and recommendation; or (c) Failure to successfully complete line indoctrination; or (d) Failure to pass an initial or recurrent ground training requirements. The trainee is entitled to complete all scheduled and required training, and may not be “washed out” prior to the end of the full training program. However in cases where the candidate demonstrates a lack of required knowledge due to a lack of preparation, the Company may terminate training prior to the full program being completed. In such cases, the Company will advise the candidate in writing of their concerns, and allow him an additional training session prior to the termination of his training.

Failure to Qualify. Notwithstanding anything in this Plan to the contrary, all contributions under the Plan made prior to the receipt by the Employer of a determination by the Internal Revenue Service to the effect that the Plan is qualified under Code Section 401 shall be made on the express condition that such a determination will be received, and in the event that the Internal Revenue Service determines upon initial application for a determination that the Plan is not so qualified or tax exempt, all contributions made by the Employer or Participants prior to the date of determination must be returned within one (1) year from the date of such determination, but only if the application for qualification is made by the time prescribed by law for filing the Employer's return for the taxable year in which the Plan is adopted or such later date as the Secretary of the Treasury may prescribe.

Failure to Qualify. (a) Non-Qualification - Subscriber understands that if the CEG determines at any time that Subscriber does not qualify as a Non-Professional subscriber, Subscriber may continue to receive Market Data only after entering into one or more appropriate agreements with the CEG. The CEG may deny Subscriber the opportunity to enter into such agreement(s) if Subscriber’s failure to qualify results from wilful misrepresentations or omissions or from wilful breach of the CEG NPAA. (b) Retroactive Payment - In the event that a determination of non-qualification is based upon a misrepresentation made herein by Subscriber, or a failure by Subscriber to update information provided to the CEG, the CEG may notify Subscriber in writing (i) of such determination, (ii) of the period, as determined by the CEG, during which Subscriber received Market Data but did not qualify as a Non-Professional Subscriber and (iii) of the amount, calculated at the CEG’s then-current Professional Subscriber rates, applicable to such period. Within thirty (30) days of receipt of such notice, Subscriber shall pay such amount to the CEG.

Failure to Qualify. A Crewmember awarded a bid pursuant to this subsection who fails to qualify as a Flight Engineer may return to his previous position on the Pilots' Seniority List, provided the Crewmember can qualify for such position.

Failure to Qualify. To the extent the Option should fail to qualify as an ISO under the federal tax laws, Optionee will recognize compensation income in connection with the acquisition of one or more Option Shares upon exercise of the Option, and Optionee must make appropriate arrangements for the satisfaction of all federal, state or local income tax withholding requirements and federal social security employee tax requirements applicable to such compensation income.

Failure to Qualify. 13.2.1 The term failure to qualify shall mean: • failure to receive a recommendation for a flight test after completion of the full Training program, or • failure of the actual flight test after receiving said training and recommendation, or • failure to successfully complete line indoctrination, or • failure to pass an initial or recurrent technical ground school exam (i.e. any exam requiring technical knowledge of equipment, policies, procedures, weather, excluding items that are purely “customer service oriented”), or • failure to pass airport qualification check, or • failure to pass a Simulator Evaluation. 13.2.2 A pilot who fails to qualify will continue to be paid for a two (2) week period pending retesting. 13.2.3 A pilot who fails to qualify and who subsequently is to receive additional training may have the option of having such training and flight test done by a different Training and/or Check Pilot. If another Training and/or Check Pilot is not available, the Company may require the candidate to receive said additional training and flight test with the same instructor or examiner. 13.2.4 A pilot who fails to qualify is entitled to complete all scheduled and required training, and may not be “washed out” prior to the end of the full training program; however, in cases where the candidate demonstrates a lack of required knowledge due to a lack of preparation, the Company may terminate training prior to the full program being completed. In such cases, the Company will advise the candidate in writing of their concerns, and allow them an additional training session prior to the termination of his training. In all cases the Union will be advised in writing prior to the candidate being “washed out’. 13.2.5 A Captain who fails to qualify after their first attempt (following the initial failure to qualify) may be permitted to accept a voluntary demotion to First Officer. 13.2.6 A First Officer who fails to qualify after their first attempt (following the initial failure to qualify) may be terminated with just cause at the Company’s sole discretion.

Failure to Qualify. Employees awarded bulletined positions or employees securing positions through exercise of seniority to position not yet qualified on, will not be disqualified through lack of ability to do such work after a period of thirty (30) working days thereon. Such an employee will be given reasonable opportunity to qualify during such period.

Failure to Qualify. It is agreed that the Company will extend unqualified Train Operators every opportunity to successfully complete their training and become fully qualified Train Operators in GO commuter train service.

Failure to Qualify. 12.14.01 The minimum total qualifying xxxx for all positions shall be 70% with not less than a minimum of 65% in any of the categories. (2013) 12.14.02 Candidates who fail to obtain an overall xxxx of 70%, have the opportunity to schedule an interview with a Deputy Chief and/or the Qualifying Board. All requests for interviews shall be made in writing within thirty (30) days of the posting of the Qualifying List(s). Interviews will be held within thirty (30) days of receipt of written request.