First Step If a dispute cannot be resolved by this method, the Accredited Union Representative may file a formal grievance on the prescribed form with EPSCA/the Employer within fifteen (15) working days of the alleged grievous act. Within ten (10) working days of the filing of the grievance, EPSCA/the Employer shall investigate the grievance and convene a First Step meeting which he or the Accredited Union Representative considers necessary to resolve it. The Management Committee shall be comprised of EPSCA or their designate plus at least one representative of the Employer named in the grievance. The Union Committee shall include at least two persons, one of whom shall be the Accredited Union Representative for the grievor. EPSCA/the Employer shall give his reply on the prescribed form to the Accredited Union Representative within five (5) working days from the date of the First Step meeting. Copies of completed grievance forms signed by the appropriate parties shall be filed by EPSCA/the Employer with the General Manager of EPSCA. The Accredited Union Representative for the grievor will file a copy with the Union. The EPSCA/the Employer will send a copy of any signed first step grievance settlement between the Accredited Union Representative and EPSCA/the Employer to the Union and EPSCA office.
Third Step In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved teacher shall file, within five (5) school days of the principal’s written decision at the second step, a copy of the grievance with the Superintendent. Within ten (10) school days after such written grievance is filed, the aggrieved and the Superintendent or his/her designee shall meet to resolve the grievance. The Superintendent or his/her designee shall file an answer within ten (10) school days of the third step grievance meeting and communicate it in writing to the teacher and the principal.
Fourth Step If U1 is greater than or equal to U2, a standard known resistance (Ro) is inserted between the negative side of the high voltage bus and the electrical chassis. With Ro installed, the voltage (U1') between the negative side of the high voltage bus and the electrical chassis is measured (see Figure 5). The electrical isolation (Ri) is calculated according to the following formula: Ri = Ro*Ub*(1/U1' – 1/U1) Figure 5 Measurement of U1’ Electrical Chassis Energy Conversion System Assembly REESS High Voltage Bus + + Energy Conversion System - U1’ R0 Traction System Electrical Chassis If U2 is greater than U1, insert a standard known resistance (Ro) between the positive side of the high voltage bus and the electrical chassis. With Ro installed, measure the voltage (U2’) between the positive side of the high voltage bus and the electrical chassis (see Figure 6 below). The electrical isolation (Ri) is calculated according to the following formula: Ri = Ro*Ub*(1/U2’ – 1/U2) Figure 6 Measurement of U2’
Second Step If the grievance cannot be resolved informally, the aggrieved teacher shall file the grievance in writing and, at a mutually agreeable time, discuss the matter with the principal. The written grievance shall state the nature of the grievance, and shall state the remedy requested. The filing of the formal, written grievance at the second step must be within ten (10) days from the date of the occurrence of the event giving rise to the grievance or within ten (10) days from the time it can be expected that such knowledge would be available. The principal shall make a decision on the grievance and communicate it in writing to the teacher and the Superintendent within ten (10) school days after receipt of the grievance.
NEXT STEPS If you disagree with my findings you may request a hearing to appeal the decision by contacting me using the details provided.
Reassignment of Purchased Receivables Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign to Seller all of Purchaser’s and the Issuer’s right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s or in the Issuer’s name.
Conveyance of the Receivables and the Other Conveyed Property (a) Subject to the terms and conditions of this Agreement, Seller hereby sells, transfers, assigns, and otherwise conveys to Purchaser without recourse (but without limitation of its obligations in this Agreement), and Purchaser hereby purchases, all right, title and interest of Seller in and to the following described property (collectively, the “Receivables and the Other Conveyed Property”): (i) the Receivables and all moneys received thereon after the Cutoff Date; (ii) the security interests in the Financed Vehicles granted by Obligors pursuant to the Receivables and any other interest of the Seller in such Financed Vehicles; (iii) any proceeds and the right to receive proceeds with respect to the Receivables from claims on any physical damage, credit life or disability insurance policies covering Financed Vehicles or Obligors and any proceeds from the liquidation of the Receivables; (iv) any proceeds from any Receivable repurchased by a Dealer pursuant to a Dealer Agreement as a result of a breach of representation or warranty in the related Dealer Agreement; (v) all rights under any Service Contracts on the related Financed Vehicles; (vi) the related Receivable Files; (vii) all of the Seller’s (A) Accounts, (B) Chattel Paper, (C) Documents, (D) Instruments and (E) General Intangibles (as such terms are defined in the UCC) relating to the property described in (i) through (vi); and (viii) all proceeds and investments with respect to items (i) through (vii). It is the intention of Seller and Purchaser that the transfer and assignment contemplated by this Agreement shall constitute a sale of the Receivables and the Other Conveyed Property from Seller to Purchaser, conveying good title thereto free and clear of any Liens, and the beneficial interest in and title to the Receivables and the Other Conveyed Property shall not be part of Seller’s estate in the event of the filing of a bankruptcy petition by or against Seller under any bankruptcy or similar law. (b) Simultaneously with the conveyance of the Receivables and the Other Conveyed Property to Purchaser, Purchaser has paid or caused to be paid to or upon the order of Seller an amount equal to the book value of the Receivables sold by Seller, as set forth on the books and records of Seller, by wire transfer of immediately available funds and the remainder as a contribution to the capital of the Purchaser (a wholly-owned subsidiary of Seller).
Conveyance of the Receivables and the Other Conveyed Property to the Issuer Seller acknowledges that Purchaser intends, pursuant to the Sale and Servicing Agreement, to convey the Receivables and the Other Conveyed Property, together with its rights under this Agreement, to the Issuer on the Closing Date. Seller acknowledges and consents to such conveyance and pledge and waives any further notice thereof and covenants and agrees that the representations and warranties of Seller contained in this Agreement and the rights of Purchaser hereunder are intended to benefit the Issuer, the Owner Trustee, the Trust Collateral Agent, the Noteholders and the Certificateholder. In furtherance of the foregoing, Seller covenants and agrees to perform its duties and obligations hereunder, in accordance with the terms hereof for the benefit of the Issuer, the Owner Trustee, the Trust Collateral Agent, the Noteholders and the Certificateholder and that, notwithstanding anything to the contrary in this Agreement, Seller shall be directly liable to the Issuer, the Owner Trustee, the Trust Collateral Agent, the Noteholders and the Certificateholder (notwithstanding any failure by the Servicer or the Purchaser to perform its respective duties and obligations hereunder or under Related Documents) and that the Trust Collateral Agent may enforce the duties and obligations of Seller under this Agreement against Seller for the benefit of the Owner Trustee, the Trust Collateral Agent, the Noteholders and the Certificateholder.
STEP In the event the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty
Longevity Steps STEP 19 = 11 years of, full-time service in the Murrieta Valley Unified School District with the exception of broken service caused by an allowable necessity in accordance with the definition of “Allowable Necessity” contained in Appendix F “Definition of Terms.” STEP 22 = 14 years of, full-time service in the Murrieta Valley Unified School District with the exception of broken service caused by an allowable necessity in accordance with the definition of “Allowable Necessity” contained in Appendix F “Definition of Terms.” STEP 25 = 17 years of, full-time service in the Murrieta Valley Unified School District with the exception of broken service caused by an allowable necessity in accordance with the definition of “Allowable Necessity” contained in Appendix F “Definition of Terms.” STEP 28 = 20 years of, full-time service in the Murrieta Valley Unified School District with the exception of broken service caused by an allowable necessity in accordance with the definition of “Allowable Necessity” contained in Appendix F “Definition of Terms.”
