Common use of Hardship Cases Clause in Contracts

Hardship Cases. ‌ (a) Should extenuating circumstances develop, a full-time Operator may submit a Miscellaneous request, to transfer to another Division giving full particulars and reasons for request, to the Senior Executive of Bus Operations, with a copy to the General Chairman. Operators (including Part Time Operators) will be limited to one hardship transfer in any six month period except for meritorious cases agreed to by the Division Director and the SMART-TD Local Chairperson. An Operator moving from one Division to another under this Section and who has bid a vacation period or bonus holidays will not take that vacation period or holidays with him/her. The Authority will, in its letter advising the Operator of his/her transfer, advise him/her of this loss of bid vacation period and holidays and to contact the Transportation Director and Local Chairperson for picking of a new vacation period and bonus holidays. In addition to those requests for transfer as outlined above, employees already in the employ of the Authority will be given consideration for transfer prior to the hire of new employees to fill the need at a specific location. Hardships will be honored by Operators who have been equalized before Operators with less seniority can be considered. (b) Operators and/or employees covered by this Contract who become physically incapacitated and who have been restricted from operating motor coaches or any other revenue equipment will be placed in other employment in the following manner: (1) Should any restricted Operator fail to pass a physical examination to return to work as motor coach Operator, and the physical ailment involves a heart or vascular condition, he/she shall be allowed to take the physical examination by a licensed medical examiner selected by the parties. (2) Should the restricted Operator not be recommended for motor coach or any other revenue equipment and/or any other type of employment covered by the Labor Contract between the parties, he/she shall be given consideration, subject to qualification and the seniority provisions of the other labor agreements in existence at the Authority, for any open positions of a sedentary nature. These restricted Operators will be considered before someone is employed from outside the Authority. The restricted employee must have on file in the Human Resources Department a request for such work in order to receive consideration. Qualifications for other types of employment will be determined by the Authority. (3) Selection of applicant will be made on the basis of seniority, providing they have the necessary fitness, ability and aptitude for the particular type of work involved. (4) When an Operator believes that his/her application has been unjustly rejected, he/she may appeal his/her case to the designee of the Chief Operations Officer within ten (10) days, either in person or through his/her representative. If the decision is not sustained, it will be set aside and the Operator will be permitted to attempt to qualify for the particular work involved. If the decision is sustained by a designee of the Chief Operations Officer and further appeal is desired, the case may be appealed to the Chief Operations Officer, and such decision shall be considered final. (5) Should there be no sedentary employment available for which the Operators are or can qualify, they shall be placed on sick leave and their seniority protected in accordance with Article 31 of this Contract. Operators and/or employees covered by this Section may, at their option, take their disability retirement, if qualified.

Hardship Cases. ‌ (a) Should extenuating circumstances develop, a full-time Operator may submit a Miscellaneous request, to transfer to another Division giving full particulars and reasons for request, to the Senior Executive of Bus OperationsTransportation Systems and Division Support Manager, with a copy to the General Chairman. Operators (including Part Time Operators) will be limited to one hardship transfer in any six month period except for meritorious cases agreed to by the Division Director Sector General Manager and the SMART-TD UTU Local ChairpersonChairman. An Operator moving from one Division to another under this Section and who has bid a vacation period or bonus holidays will not take that vacation period or holidays with him/her. The Authority will, in its letter advising the Operator of his/her transfer, advise him/her of this loss of bid vacation period and holidays and to contact the Transportation Director Location Manager and Local Chairperson Chairman for picking of a new vacation period and bonus holidays. In addition to those requests for transfer as outlined above, employees already in the employ of the Authority will be given consideration for transfer prior to the hire of new employees to fill the need at a specific location. Hardships will be honored by Operators who have been equalized before Operators with less seniority can be considered. (b) Operators and/or employees covered by this Contract who become physically incapacitated and who have been restricted from operating motor coaches or any other revenue equipment will be placed in other employment in the following manner: (1) Should any restricted Operator fail to pass a physical examination to return to work as motor coach Operator, and the physical ailment involves a heart or vascular condition, he/she shall be allowed to take the physical examination by a licensed medical examiner selected by the parties. (2) Should the restricted Operator not be recommended for motor coach or any other revenue equipment and/or any other type of employment covered by the Labor Contract between the parties, he/she shall be given consideration, subject to qualification and the seniority provisions of the other labor agreements in existence at the Authority, for any open positions of a sedentary nature. These restricted Operators will be considered before someone is employed from outside the Authority. The restricted employee must have on file in the Human Resources Department a request for such work in order to receive consideration. Qualifications for other types of employment will be determined by the Authority. (3) Selection of applicant will be made on the basis of seniority, providing they have the necessary fitness, ability and aptitude for the particular type of work involved. (4) When an Operator believes that his/her application has been unjustly rejected, he/she may appeal his/her case to the designee of the Chief Operations Officer within ten (10) days, either in person or through his/her representative. If the decision is not sustained, it will be set aside and the Operator will be permitted to attempt to qualify for the particular work involved. If the decision is sustained by a designee of the Chief Operations Officer and further appeal is desired, the case may be appealed to the Chief Operations OfficerOfficer , and such decision shall be considered final. (5) Should there be no sedentary employment available for which the Operators are or can qualify, they shall be placed on sick leave and their seniority protected in accordance with Article 31 of this Contract. Operators and/or employees covered by this Section may, at their option, take their disability retirement, if qualified.

Hardship Cases. ‌ (a) Should extenuating circumstances develop, a full-time Operator may submit a Miscellaneous request, to transfer to another Division giving full particulars and reasons for request, to the Senior Executive of Bus OperationsTransportation Systems and Division Support Manager, with a copy to the General Chairman. Operators (including Part Time Operators) will be limited to one hardship transfer in any six month period except for meritorious cases agreed to by the Division Director Manager and the SMART-TD UTU Local Chairperson. An Operator moving from one Division to another under this Section and who has bid a vacation period or bonus holidays will not take that vacation period or holidays with him/her. The Authority will, in its letter advising the Operator of his/her transfer, advise him/her of this loss of bid vacation period and holidays and to contact the Transportation Director Location Manager and Local Chairperson for picking of a new vacation period and bonus holidays. In addition to those requests for transfer as outlined above, employees already in the employ of the Authority will be given consideration for transfer prior to the hire of new employees to fill the need at a specific location. Hardships will be honored by Operators who have been equalized before Operators with less seniority can be considered. (b) Operators and/or employees covered by this Contract who become physically incapacitated and who have been restricted from operating motor coaches or any other revenue equipment will be placed in other employment in the following manner: (1) Should any restricted Operator fail to pass a physical examination to return to work as motor coach Operator, and the physical ailment involves a heart or vascular condition, he/she shall be allowed to take the physical examination by a licensed medical examiner selected by the parties. (2) Should the restricted Operator not be recommended for motor coach or any other revenue equipment and/or any other type of employment covered by the Labor Contract between the parties, he/she shall be given consideration, subject to qualification and the seniority provisions of the other labor agreements in existence at the Authority, for any open positions of a sedentary nature. These restricted Operators will be considered before someone is employed from outside the Authority. The restricted employee must have on file in the Human Resources Department a request for such work in order to receive consideration. Qualifications for other types of employment will be determined by the Authority. (3) Selection of applicant will be made on the basis of seniority, providing they have the necessary fitness, ability and aptitude for the particular type of work involved. (4) When an Operator believes that his/her application has been unjustly rejected, he/she may appeal his/her case to the designee of the Chief Operations Officer within ten (10) days, either in person or through his/her representative. If the decision is not sustained, it will be set aside and the Operator will be permitted to attempt to qualify for the particular work involved. If the decision is sustained by a designee of the Chief Operations Officer and further appeal is desired, the case may be appealed to the Chief Operations Officer, and such decision shall be considered final. (5) Should there be no sedentary employment available for which the Operators are or can qualify, they shall be placed on sick leave and their seniority protected in accordance with Article 31 of this Contract. Operators and/or employees covered by this Section may, at their option, take their disability retirement, if qualified.

Hardship Cases. ‌ (a) Should extenuating circumstances develop, a full-time Operator may submit a Miscellaneous request, to transfer to another Division giving full particulars and reasons for request, to the Senior Executive of Bus OperationsTransportation Systems and Division Support Manager, with a copy to the General Chairman. Operators (including Part Time Operators) will be limited to one hardship transfer in any six month period except for meritorious cases agreed to by the Division Director Sector General Manager and the SMART-TD UTU Local ChairpersonChairman. An Operator moving from one Division to another under this Section and who has bid a vacation period or bonus holidays will not take that vacation period or holidays with him/her. The Authority will, in its letter advising the Operator of his/her transfer, advise him/her of this loss of bid vacation period and holidays and to contact the Transportation Director Location Manager and Local Chairperson Chairman for picking of a new vacation period and bonus holidays. In addition to those requests for transfer as outlined above, employees already in the employ of the Authority will be given consideration for transfer prior to the hire of new employees to fill the need at a specific location. Hardships will be honored by Operators who have been equalized before Operators with less seniority can be considered. (b) Operators and/or employees covered by this Contract who become physically incapacitated and who have been restricted from operating motor coaches or any other revenue equipment will be placed in other employment in the following manner: (1) Should any restricted Operator fail to pass a physical examination to return to work as motor coach Operator, and the physical ailment involves a heart or vascular condition, he/she shall be allowed to take the physical examination by a licensed medical examiner selected by the parties. (2) Should the restricted Operator not be recommended for motor coach or any other revenue equipment and/or any other type of employment covered by the Labor Contract between the parties, he/she shall be given consideration, subject to qualification and the seniority provisions of the other labor agreements in existence at the Authority, for any open positions of a sedentary nature. These restricted Operators will be considered before someone is employed from outside the Authority. The restricted employee must have on file in the Human Resources Department a request for such work in order to receive consideration. Qualifications for other types of employment will be determined by the Authority. (3) Selection of applicant will be made on the basis of seniority, providing they have the necessary fitness, ability and aptitude for the particular type of work involved. (4) When an Operator believes that his/her application has been unjustly rejected, he/she may appeal his/her case to the designee of the Chief Operations Officer within ten (10) days, either in person or through his/her representative. If the decision is not sustained, it will be set aside and the Operator will be permitted to attempt to qualify for the particular work involved. If the decision is sustained by a designee of the Chief Operations Officer and further appeal is desired, the case may be appealed to the Chief Operations OfficerOfficer , and such decision shall be considered final. (5) Should there be no sedentary employment available for which the Operators are or can qualify, they shall be placed on sick leave and their seniority protected in accordance with Article 31 of this Contract. Operators and/or employees covered by this Section may, at their option, take their disability retirement, if qualified.