IMPASSE PROCEEDINGS Sample Clauses

IMPASSE PROCEEDINGS. 3-1 It is understood, if the parties fail to reach agreement as a result of direct negotiations, impasse proceedings may be invoked by either party in accordance with the provisions of NRS 288.
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IMPASSE PROCEEDINGS a. Mediation (1) Costs for salaries and benefits for employer representative personnel are reimbursable. Contracted services will be reimbursed. Costs for a maximum of five public school employer representatives per mediation session will be reimbursed. Salaries and benefits must be shown as described in Item H3. (2) Indicate the costs of substitutes for the release time of exclusive bargaining unit representatives during impasse proceedings. The job classification of the employee witnesses and the date they were absent shall be indicated. Costs for a maximum of five representatives per mediation session will be reimbursed. (3) Renting of facilities will be reimbursed. (4) Costs of the mediator will not be reimbursed. (5) If contract services are used under 1, contract invoices must be submitted with the claim. Contract costs must be shown as described in Item H5. b. Fact-finding publication of the findings of the fact-finding panel. (To the extent fact-finding was required under the Xxxxxx Act during the 1974-75 fiscal year, costs are not reimbursable.) (1) All costs of the school employer panel representative shall be reimbursed. Salaries and benefits must be shown as described in Item H3. (2) Fifty percent of the costs mutually incurred by the fact-finding panel shall be reimbursed. This may include substitutes for release time of witnesses during fact-finding proceedings, and the rental of facilities required by the panel. (3) Special costs imposed on the public school employer for the development of unique data required by a fact-finding panel will be reimbursed. Describe the special costs and explain why this data would not have been required by a fact-finding panel under the Xxxxxx Act. Salaries and benefits must be shown as described in Item H3.
IMPASSE PROCEEDINGS. Given the parties’ positions on wages and other issues, and in accordance with statute, the parties filed a joint impasse petition with the Public Employee Relations Board (PERB) and proceeded to mediation. Mediation failed, and the parties proceeded to factfinding. After a two-day hearing in October 2023 and the submission of additional briefing and evidence, the factfinder issued recommendations in February. The factfinder recommended the University’s pay proposal of a 2.5% increase for this year, and also recommended 2.5% increases for each of the next two years. The factfinder did not recommend the vast majority of GTAC’s demands, repeatedly finding that the union had not presented substantial evidence to support them. Under PEERA the impasse factfinder’s recommendations are advisory. The employer may accept or reject the factfinder’s recommendations in whole or in part. See K.S.A. 75-7332(f). After determining whether to accept or reject the factfinder’s recommendations, the employer may unilaterally implement terms. As the Kansas Supreme Court has recognized, "[T]he governing body of the public employer ultimately can dictate any mandatory subject of bargaining … after the public employer has negotiated in good faith, reached impasse in good faith, and participated in impasse-resolution procedures such as fact-finding and mediation." Dep't of Admin., 257 Kan. at 287.
IMPASSE PROCEEDINGS. No changes
IMPASSE PROCEEDINGS. Should an impasse occur, it shall be resolved in accordance with the applicable sections of Nevada Revised Statute 288. Calendar months of service for purposes of Article X.A.2.: (1) = 12 month position (2) = 11 month position (3) = 10 month position (4) = 9 month position (5) = temporary *School Secretary: (Elementary / Middle / Intermediate = 10 month position) (High School = 11 month position) A current Sign Language Interpreter with no EIPA score shall remain at current rate. Sign Language Interpreter EIPA 4.0 and above will move to the Licensed Non-Degree Salary Schedule Maintenance Level I = Elementary School Maintenance Level II = Intermediate / Middle School Maintenance Level III = High School and District Program Paraprofessionals work a modified school calendar to include one (1) additional work day. Grade Finance Clerical Other Specialists Specialized or Technical Food Service Operations & FacilityServices Transportation Data Processing 13 General Ledger Acct Manager (1) Mechanic Lead (1) IT Network Administrator (1) SIS Administrator(1) 12 Mechanic (1) Network System Assistant (1) Software System Assistant (1) 11 CTE Coordinator (1) IT Technicians (1) SIS Admin Assistant (1) Grants Coordinator (1) 10 2 Yr. RN (4) Maintenance III (1) (1) Operations Lead (1)
IMPASSE PROCEEDINGS. Should an impasse occur, it shall be resolved in accordance with the applicable sections of Nevada Revised Statute 288. Lyon County School District Classified Pay Structure Calendar months of service for purposes of Article X.A.2.: (1) = 12-month position (2) = 11-month position (3) = 10-month position (4) = 9-month position (5) = temporary *School Secretary: (Elementary / Middle / Intermediate = 10-month position) (High School = 11-month position) A current Sign Language Interpreter with no EIPA score shall remain at current rate. Sign Language Interpreter EIPA 4.0 and above will move to the Licensed Non-Degree Salary Schedule Maintenance Level I = Elementary School Maintenance Level II = Intermediate / Middle School Maintenance Level III = High School and District Program Paraprofessionals work a modified school calendar to include one (1) additional workday. 31 General Xxxxxx Acct manager (1) CTE Specialist Mechanic Lead (1) IT Network Administrator (1) SIS Administrator (1)

Related to IMPASSE PROCEEDINGS

  • Adverse Proceedings, etc There are no Adverse Proceedings, individually or in the aggregate, that could reasonably be expected to have a Material Adverse Effect. Neither Holdings nor any of its Subsidiaries (a) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, or (b) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

  • Adverse Proceedings No suit, action, claim or governmental proceeding shall be pending against, and no order, decree or judgment of any court, agency or other governmental authority shall have been rendered against, any party hereto which would render it unlawful, as of the Closing Date, to effect the transactions contemplated by this Agreement in accordance with its terms.

  • Administrative Proceedings With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures to particular persons, goods, or services of the other Party in specific cases, that: (a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, in accordance with the Party's procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy; (b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and (c) its procedures are in accordance with its law.

  • Litigation; Proceedings Except as specifically disclosed in Schedule 3.1(g), there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) relates to or challenges the legality, validity or enforceability of any of the Transaction Documents, the Shares or the Underlying Shares, (ii) could, individually or in the aggregate, have a Material Adverse Effect or (iii) could, individually or in the aggregate, materially impair the ability of the Company to perform fully on a timely basis its obligations under the Transaction Documents.

  • Condemnation Proceedings 15.5.1. District covenants and agrees, but only to the extent that it may lawfully do so, that so long as this Site Lease remains in effect, the District will not seek to exercise the power of eminent domain with respect to the Project so as to cause a full or partial termination of this Site Lease and the Facilities Lease. 15.5.2. If for any reason the foregoing covenant is determined to be unenforceable or in some way invalid, or if District should fail or refuse to abide by such covenant, then, to the extent they may lawfully do so, the Parties agree that the financial interest of Developer shall be as indicated in the Facilities Lease.

  • Actions; Proceedings There are no actions, suits or proceedings pending or, to the knowledge of the Assignor, threatened, before or by any court, administrative agency, arbitrator or governmental body (A) with respect to any of the transactions contemplated by this Assignment Agreement or (B) with respect to any other matter that in the judgment of the Assignor will be determined adversely to the Assignor and will, if determined adversely to the Assignor, materially adversely affect its ability to perform its obligations under this Assignment Agreement.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Court Proceedings (a) Each of Canopy Growth, Canopy Rivers and the JW Entities shall cooperate with and assist the Company in, and consent to the Company, seeking the Interim Order and the Final Order, including by providing the Company on a timely basis with any information regarding itself or its affiliates as reasonably requested by the Company or as required by Law to be supplied by it in connection therewith. (b) In connection with all Court proceedings relating to obtaining the Interim Order and the Final Order, and in each case subject to Law, the Company shall: (i) diligently pursue, and cooperate with Canopy Growth, Canopy Rivers and the JW Entities in diligently pursuing, the Interim Order and the Final Order; (ii) provide Canopy Growth, Canopy Rivers, the JW Entities and their respective legal counsel with a reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with pursuing the Interim Order or the Final Order, and give reasonable consideration to all such comments; (iii) provide legal counsel to each of Canopy Growth, Canopy Rivers and the JW Entities with copies of any notice of appearance, evidence or other documents served on the Company or its legal counsel in respect of the application for the Interim Order or the Final Order or any appeal from them, and any notice, written or oral, indicating the intention of any Person to appeal, or oppose the granting of, the Interim Order or the Final Order; (iv) not object to legal counsel to Canopy Growth, Canopy Rivers or the JW Entities making such submissions on the hearing of the motion for the Interim Order and the application for the Final Order as such counsel considers appropriate, provided that the Company is advised of the nature of any submissions on a timely basis prior to the hearing and such submissions are consistent in all material respects with this Agreement and the Plan of Arrangement; (v) ensure that all material filed with the Court in connection with pursuing the Interim Order or the Final Order is consistent in all material respects with this Agreement and the Plan of Arrangement; (vi) oppose any proposal from any Person that the Final Order contain any provision inconsistent with this Agreement; (vii) if at any time after the issuance of the Final Order and prior to the Effective Date, the Company is required by the terms of the Final Order or by Law to return to Court with respect to the Final Order, it shall do so after notice to, and in consultation and cooperation with, Canopy Growth, Canopy Rivers and the JW Entities; and (viii) not file any material with the Court in connection with pursuing the Interim Order or the Final Order or serve any such material, or agree to modify or amend any material so filed or served, except as contemplated by this Agreement or with the prior consent of Canopy Growth, Canopy Rivers and the JW Entities, which consent may not be unreasonably withheld, conditioned or delayed, provided that consent may be withheld with respect to any modification or amendment to such filed or served materials that expands or increases the obligations of the Party withholding consent or diminishes or limits the rights of the Party withholding consent set forth in any such filed or served materials or under this Agreement.

  • Proceedings Promptly on receipt by an Indemnified Person of notice of a Proceeding against it, the Indemnified Person will, if a claim is to be made under Section 4.6(a), notify the Issuer, the Servicer and the Administrator of the Proceeding. The Issuer, the Servicer and the Administrator may participate in and assume the defense and settlement of a Proceeding at its expense. If the Issuer, the Servicer or the Administrator notifies the Indemnified Person of its intention to assume the defense of the Proceeding with counsel reasonably satisfactory to the Indemnified Person, and so long as the Issuer, the Servicer or the Administrator assumes the defense of the Proceeding in a manner reasonably satisfactory to the Indemnified Person, the Issuer, the Servicer and the Administrator will not be liable for fees and expenses of counsel to the Indemnified Person unless there is a conflict between the interests of the Issuer, the Servicer or the Administrator, as applicable, and an Indemnified Person. If there is a conflict, the Issuer, the Servicer or the Administrator will pay for the reasonable fees and expenses of separate counsel to the Indemnified Person. No settlement of a Proceeding may be made without the approval of the Issuer, the Servicer and the Administrator and the Indemnified Person, which approval will not be unreasonably withheld, conditioned or delayed.

  • Assistance in Litigation or Administrative Proceedings Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor’s and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party.

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