LEGAL INDEMNIFICATION. A. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's duties, upon request the Employer agrees to provide for the legal defense of the bargaining unit member in any civil legal action brought against the bargaining unit member as a result of the performance of the bargaining unit member's duties. B. The bargaining unit member must request in writing that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit member. The summons and complaint shall accompany the request. The postmark on the bargaining unit member's request shall be accepted as the date of request by the Employer. Failure to submit a written request within the required five (5) working days relieves the Employer of any obligation under this Article. C. The Employer shall have the right to determine which attorney shall represent the bargaining unit member. If the bargaining unit member objects to the attorney provided by the Employer, the bargaining unit member may request that the Employer appoint another attorney. The bargaining unit member may make only one (1) such request. D. If the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the bargaining unit member at the bargaining unit member's normal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; upon a reasonable showing by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trial. The Employer also agrees to pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article. E. The Employer may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made by the Employer of the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence. F. For purposes of this Article, Employer means the State of Alaska or designated representative of the State or an agency of the State. Consistent with past practice, decisions of the Employer pursuant to this Article shall not be subject to the grievance-arbitration procedures.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LEGAL INDEMNIFICATION. A. For purposes of this Article, “Employer” means the State of Alaska or designated representative of the State or an agency of the State. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's duties, upon request the Employer agrees to provide for the legal defense of the bargaining unit member in any civil legal action brought against the bargaining unit member as a result of the performance of the bargaining unit member's duties.
B. The bargaining unit member must request in writing that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit member. The summons and complaint shall accompany the request. The postmark on the bargaining unit member's request shall be accepted as the date of request by the Employer. Failure to submit a written request within the required five (5) working days relieves the Employer of any obligation under this Article.
C. The Employer shall have the right to determine which attorney shall represent the bargaining unit member. If the bargaining unit member objects to the attorney provided by the Employer, the bargaining unit member may request that the Employer appoint another attorney. The bargaining unit member may make only one (1) such request.
D. If the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the bargaining unit member at the bargaining unit member's normal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; upon a reasonable showing by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trial. The Employer also agrees to pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made by the Employer of the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Article, Employer means the State of Alaska or designated representative of the State or an agency of the State. Consistent with past practice, decisions of the Employer pursuant to this Article shall not be subject to the grievance-arbitration procedures.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LEGAL INDEMNIFICATION. A. If Subject to the Employer determines that other provisions of this article, a bargaining unit member did not engage charged with and finally acquitted of a criminal or statutory offense, because of acts done in conduct beyond the scope attempted performance in good faith of his duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such charges. article the Board may refuse payment authorized under article where the actions of the bargaining unit member's authority officer from which the charges arose amounted to a dereliction of duty or which constituted willful misconduct or gross negligence abuse of his powers as a police officer. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his duties as a police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such action where the Chief of Police is not joined in the action as a party pursuant to the section of the bargaining unit member's dutiesPolice Services Act, upon request and the Employer agrees to provide for Chief of Police does not defend the legal defense action on behalf of himself and of the bargaining unit member as a joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any civil dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose. For greater certainty, members shall not be indemnified for legal action brought against costs arising from: Grievances or complaints under the bargaining unit Collective Agreement between the Board and the Association or under the Police Services Act; The actions or omissions of members acting in their capacity as private citizens; Proceeding and discipline charges under the Police Services Act and Regulations. For the purpose of this provision, a member shall not be deemed to be “finally acquitted” if as a result of the performance charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out of the bargaining unit member's duties.
B. The bargaining unit member must request in writing that same incident or incidents. For the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit member. The summons and complaint shall accompany the request. The postmark on the bargaining unit member's request shall be accepted as the date of request by the Employer. Failure to submit a written request within the required five (5) working days relieves the Employer of any obligation under this Article.
C. The Employer shall have the right to determine which attorney shall represent the bargaining unit member. If the bargaining unit member objects to the attorney provided by the Employer, the bargaining unit member may request that the Employer appoint another attorney. The bargaining unit member may make only one (1) such request.
D. If the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the bargaining unit member at the bargaining unit member's normal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; upon a reasonable showing by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trial. The Employer also agrees to pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made by the Employer of the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Articleprovision, Employer means “necessary and reasonable legal costs” shall be based on the State of Alaska or designated representative account rendered by the Solicitor performing the work, subject to the approval of the State Solicitor for the Services Board, or, in the case of disagreement, subject to an assessment by an Assessment officer whose decision shall bind the parties. Where a member has been identified as a subject or witness officer during an agency investigation by the Special Investigations Unit, he shall be indemnified for the necessary and reasonable legal costs for: up to a total of three (3) hours of his solicitor’s time for consultation including the initial interview with the Special Investigations Unit the solicitor’s time during any subsequent interviews with the Special Investigations Unit conditional upon the approval of the StateChief of Police and/or his designate. Consistent with past practice, decisions of the Employer pursuant to this Article Such approval shall not be subject to the grievance-arbitration proceduresunreasonably withheld.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. A. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's dutiesUpon request, upon request the Employer agrees to provide for the legal defense of the bargaining unit member a Deck Officer in any civil legal action brought against the bargaining unit member Deck Officer as a the result of the Deck Officer's performance of, or failure to perform, his or her duties, and to indemnify and hold harmless such Deck Officer from any judgment levied against him or her in any such civil action, subject to the following conditions: If the Employer determines that the Deck Officer is guilty of willful misconduct, the Employer shall notify the Deck Officer of this determination. The Deck Officer may then obtain legal representation of his or her choosing and at his or her expense, and may bring the Employer into the action as third-party defendant. If it is determined by the court that the Deck Officer is not guilty of willful misconduct, the Employer shall indemnify the Deck Officer for all costs and for actual attorney's fees stemming from the action, as well as for any judgment rendered against the Deck Officer. If it is determined by the court that the Deck Officer is guilty of willful misconduct, the Deck Officer shall bear the costs and attorney's fees, as well as any judgment rendered against the Deck Officer. The Deck Officer must request, in writing and within ten (10) days of the bargaining unit member's duties.
B. The bargaining unit member must request in writing service of the Summons and Complaint on the Deck Officer, that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit memberrule. The summons and complaint shall accompany submission date of the request. The postmark on the bargaining unit memberDeck Officer's request shall be accepted as the date of request established by the Employer. Failure its postmark, and a failure to submit a written request within the required five ten (510) working days relieves shall relieve the Employer of any obligation under this Article.
C. rule. The Employer shall have the right to determine select which attorney shall will represent the bargaining unit member. If Deck Officer, and if the bargaining unit member Deck Officer objects to the attorney provided selected by the Employer, the bargaining unit member he or she may request that the Employer appoint obtain another attorney. The bargaining unit member may make only one (1) such request, at personal expense.
D. If (A) Effective July 1, 2011, the Employer determines that employer agrees to participate in the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligenceMasters, Mates and Pilots Maritime Advancement, Training, Education and Safety (MATES) Program. For this purpose, the Employer agrees to compensate pay the bargaining unit member at Masters, Mates and Pilots nine dollars ($9.00) per working day for each Deck Officer employed by the bargaining unit member's normal rate AMHS. Effective July 1, 2012, the Employer agrees to increase the amount to nine dollars and twenty-seven cents ($9.27) per working day. Effective July 1, 2013, the Employer agrees to increase the amount to nine dollars and fifty five cents ($9.55) per working day. Payment under this Rule shall be made to the MM&P on a monthly basis. Deck Officers shall be responsible for their own transportation and will not be paid wages during training.
(B) For Deck Officers enrolled in the Mate to Chief Mate/Master Program, and subject to the approval of pay the General Manager, reimbursement will be made for necessary transportation to the training facility, up to two times for each series of courses in the Program, and the Deck Officer will be paid eight and four tenths hours per day for each day spent in training. Nothing precludes a Deck Officer from attending the Mate to Chief Mate/Master Program under the terms of 15.03(A) on their own time.
(C) Reimbursement will be made for all or part of costs incurred, including necessary transportation and per diem without loss in accordance with the Alaska Administrative Manual, for training or education required for license renewal or maintenance provided that the training or education has prior written approval of any benefits the Port Captain and the Employer determines that fiscal resources for training and education are available. Training or seniority education shall normally be scheduled for vacation or "A" day periods. Upon successful completion, the employee's accrued vacation shall be reimbursed for each day spent in actual instruction and in necessary travel. Courses extending more than one work week are subject to cooperative Employer-employee financial and vacation arrangements, which may include the bargaining unit member; upon a reasonable showing reimbursement of accrued vacation beyond seven (7) days. when approved by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trialEmployer. The Employer also agrees to Employer's prior written approval shall specify the reimbursement, pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. and leave terms and amounts. The Employer Port Captain in concert with Deck Officers or their representative shall develop an annual training schedule. Reimbursement for training and education for purposes other than license renewal may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made be approved by the Employer of System General Manager upon his finding that such training is in the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Article, Employer means the State of Alaska or designated representative of the State or an agency of the State. Consistent with past practice, decisions interest of the Employer pursuant to this Article shall not be subject to and determination that the grievance-arbitration proceduresnecessary fiscal resources are available.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. A. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's dutiesUpon request, upon request the Employer agrees to provide for the legal defense of the bargaining unit member a Deck Officer in any civil legal action brought against the bargaining unit member Deck Officer as a the result of the Deck Officer's performance of, or failure to perform, his or her duties, and to indemnify and hold harmless such Deck Officer from any judgment levied against him or her in any such civil action, subject to the following conditions: If the Employer determines that the Deck Officer is guilty of willful misconduct, the Employer shall notify the Deck Officer of this determination. The Deck Officer may then obtain legal representation of his or her choosing and at his or her expense, and may bring the Employer into the action as third-party defendant. If it is determined by the court that the Deck Officer is not guilty of willful misconduct, the Employer shall indemnify the Deck Officer for all costs and for actual attorney's fees stemming from the action, as well as for any judgment rendered against the Deck Officer. If it is determined by the court that the Deck Officer is guilty of willful misconduct, the Deck Officer shall bear the costs and attorney's fees, as well as any judgment rendered against the Deck Officer. The Deck Officer must request, in writing and within ten (10) days of the bargaining unit member's duties.
B. The bargaining unit member must request in writing service of the Summons and Complaint on the Deck Officer, that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit memberrule. The summons and complaint shall accompany submission date of the request. The postmark on the bargaining unit memberDeck Officer's request shall be accepted as the date of request established by the Employer. Failure its postmark, and a failure to submit a written request within the required five ten (510) working days relieves shall relieve the Employer of any obligation under this Article.
C. rule. The Employer shall have the right to determine select which attorney shall will represent the bargaining unit member. If Deck Officer, and if the bargaining unit member Deck Officer objects to the attorney provided selected by the Employer, the bargaining unit member he or she may request that the Employer appoint obtain another attorney. The bargaining unit member may make only one (1) such request, at personal expense.
D. If (A) The employer agrees to continued participation in the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligenceMasters, Mates and Pilots Maritime Advancement, Training, Education and Safety (MATES) Program. For this purpose, effective July 1, 2014, the Employer agrees to compensate pay the bargaining unit member at Masters, Mates and Pilots nine dollars and eighty-four cents ($9.84) per working day for each Deck Officer employed by the bargaining unit member's normal rate AMHS. Effective July 1, 2015, the Employer agrees to increase the amount to ten dollars and fourteen cents ($10.14) per working day. Effective July 1, 2016, the Employer agrees to increase the amount to ten dollars and forty-four cents ($10.44) per working day. Payment under this Rule shall be made to the MM&P on a basis of every two consecutive pay periods. Deck Officers shall be responsible for their own transportation and will not be paid wages during training.
(B) For Deck Officers enrolled in the Mate to Chief Mate/Master Program, and subject to the approval of the General Manager, reimbursement will be made for necessary transportation to the training facility, up to two times for each series of courses in the Program, and the Deck Officer will be paid eight and four tenths hours per day for each day spent in training. Nothing precludes a Deck Officer from attending the Mate to Chief Mate/Master Program under the terms of 15.03(A) on their own time.
(C) Reimbursement will be made for all or part of costs incurred, including necessary transportation and per diem without loss in accordance with the Alaska Administrative Manual, for training or education required for license renewal or maintenance provided that the training or education has prior written approval of any benefits the AMHS General Manager and the Employer determines that fiscal resources for training and education are available. Training or seniority education shall normally be scheduled for vacation. Upon successful completion, the employee's accrued vacation shall be reimbursed for each day spent in actual instruction and in necessary travel, up to eight point four hours per day, see Rule 4.06 (B). Courses extending more than one work week are subject to cooperative Employer- employee financial and vacation arrangements, which may include the bargaining unit member; upon a reasonable showing reimbursement of accrued vacation beyond seven (7) days, up to eight point four (8.4) hours per day, see Rule 4.06 (B), when approved by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trialEmployer. The Employer also agrees to Employer's prior written approval shall specify the reimbursement, pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer and leave terms and amounts. Reimbursement for training and education for purposes other than license renewal may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made be approved by the Employer of System General Manager upon his finding that such training is in the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Article, Employer means the State of Alaska or designated representative of the State or an agency of the State. Consistent with past practice, decisions interest of the Employer pursuant and determination that the necessary fiscal resources are available.
16.01 When vessels are tied up and watches are broken, such as at a shipyard or tie up terminal, those Deck Officers assigned to this Article remain on the vessel shall not be subject continue to follow regular workweeks and workdays in accordance with Rule 4. Rule 18.02 shall also apply. The change in work schedules from ship's watch time to shipyard or tie-up time shall occur at the grievance-arbitration proceduresnearest noon or midnight that the vessel leaves or enters service. During such periods, minimum guarantee as provided for in Rule 25 shall apply.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. A. For purposes of this Article, "Employer" means the State of Alaska or designated representative of the State or an agency of the State. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's duties, upon request the Employer agrees to provide for the legal defense of the bargaining unit member in any civil legal action brought against the bargaining unit member as a result of the performance of the bargaining unit member's duties.
B. The bargaining unit member must request in writing that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit member. The summons and complaint shall accompany the request. The postmark on the bargaining unit member's request shall be accepted as the date of request by the Employer. Failure to submit a written request within the required five (5) working days relieves the Employer of any obligation under this Article.
C. The Employer shall have the right to determine which attorney shall represent the bargaining unit member. If the bargaining unit member objects to the attorney provided by the Employer, the bargaining unit member may request that the Employer appoint another attorney. The bargaining unit member may make only one (1) such request.
D. If the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the bargaining unit member at the bargaining unit member's normal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; upon a reasonable showing by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trial. The Employer also agrees to pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made by the Employer of the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Article, Employer means the State of Alaska or designated representative of the State or an agency of the State. Consistent with past practice, decisions of the Employer pursuant to this Article shall not be subject to the grievance-arbitration procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. A. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's dutiesUpon request, upon request the Employer agrees to provide for the legal defense of the bargaining unit member a Deck Officer in any civil legal action brought against the bargaining unit member Deck Officer as a the result of the Deck Officer's performance of, or failure to perform, his or her duties, and to indemnify and hold harmless such Deck Officer from any judgment levied against him or her in any such civil action, subject to the following conditions: If the Employer determines that the Deck Officer is guilty of willful misconduct, the Employer shall notify the Deck Officer of this determination. The Deck Officer may then obtain legal representation of his or her choosing and at his or her expense and may bring the Employer into the action as third-party defendant. If it is determined by the court that the Deck Officer is not guilty of willful misconduct, the Employer shall indemnify the Deck Officer for all costs and for actual attorney's fees stemming from the action, as well as for any judgment rendered against the Deck Officer. If it is determined by the court that the Deck Officer is guilty of willful misconduct, the Deck Officer shall bear the costs and attorney's fees, as well as any judgment rendered against the Deck Officer. The Deck Officer must request, in writing and within ten (10) days of the bargaining unit member's duties.
B. The bargaining unit member must request in writing service of the Summons and Complaint on the Deck Officer, that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit memberrule. The summons and complaint shall accompany submission date of the request. The postmark on the bargaining unit memberDeck Officer's request shall be accepted as the date of request established by the Employer. Failure its postmark, and a failure to submit a written request within the required five ten (510) working days relieves shall relieve the Employer of any obligation under this Article.
C. rule. The Employer shall have the right to determine select which attorney shall will represent the bargaining unit member. If Deck Officer, and if the bargaining unit member Deck Officer objects to the attorney provided selected by the Employer, the bargaining unit member he or she may request that the Employer appoint obtain another attorney. The bargaining unit member may make only one (1) such request, at personal expense.
D. If (A) The employer agrees to continued participation in the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligenceMasters, Mates and Pilots Maritime Advancement, Training, Education and Safety (MATES) Program. For this purpose, effective July 1, 2022, the Employer agrees to compensate increase the bargaining unit member at payment to ten dollars and seventy-four cents ($10.74) per working day. Effective July 1, 2023, Employer agrees to increase the bargaining unit member's normal rate payment to eleven dollars and four cents ($11.04) per working day. Effective July 1, 2024, the Employer agrees to increase the payment to eleven dollars and thirty-four cents ($11.34) per working day. Payment under this Rule shall be made to the MM&P on a basis of every two consecutive pay periods. Deck Officers shall be responsible for their own transportation and will not be paid wages during training.
(B) For Deck Officers enrolled in the Mate to Chief Mate/Master Program, and subject to the approval of the General Manager, reimbursement will be made for necessary transportation to the training facility, up to two times for each series of courses in the Program, and the Deck Officer will be paid eight and four tenths hours per day for each day spent in training. Nothing precludes a Deck Officer from attending the Mate to Chief Mate/Master Program under the terms of 15.03(A) on their own time.
(C) Reimbursement will be made for all or part of costs incurred, including necessary transportation and per diem without loss in accordance with the Alaska Administrative Manual, for training or education required for license renewal or maintenance provided that the training or education has prior written approval of any benefits the AMHS General Manager and the Employer determines that fiscal resources for training and education are available. Training or seniority education shall normally be scheduled for vacation. Upon successful completion, the employee's accrued vacation shall be reimbursed for each day spent in actual instruction and in necessary travel, up to eight point four hours per day, see Rule 4.06 (B). Courses extending more than one work week are subject to cooperative Employer-employee financial and vacation arrangements, which may include the bargaining unit member; upon a reasonable showing reimbursement of accrued vacation beyond seven (7) days, up to eight point four (8.4) hours per day, see Rule 4.06 (B), when approved by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trialEmployer. The Employer also agrees to Employer's prior written approval shall specify the reimbursement, pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer and leave terms and amounts. Reimbursement for training and education for purposes other than license renewal may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made be approved by the Employer of System General Manager upon his finding that such training is in the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Article, Employer means the State of Alaska or designated representative of the State or an agency of the State. Consistent with past practice, decisions interest of the Employer pursuant to this Article shall not be subject to and determination that the grievance-arbitration proceduresnecessary fiscal resources are available.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. A. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's duties, upon request the Employer agrees to provide for the legal defense of the bargaining unit member in any civil legal action brought against the bargaining unit member as a result of the performance of the bargaining unit member's duties.
B. The bargaining unit member must request in writing that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit member. The summons and complaint shall accompany the request. The postmark on the bargaining unit member's request shall be accepted as the date of request by the Employer. Failure to submit a written request within the required five (5) working days relieves the Employer of any obligation under this Article.
C. The Employer shall have the right to determine which attorney shall represent the bargaining unit member. If the bargaining unit member objects to the attorney provided by the Employer, the bargaining unit member may request that the Employer appoint another attorney. The bargaining unit member may make only one (1) such request.
D. If the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the bargaining unit member at the bargaining unit member's normal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; upon a reasonable showing by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trial. The Employer also agrees to pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made by the Employer of the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Article, Employer “Employer” means the State of Alaska or designated representative of the State or an agency of the State. Consistent with past practice, decisions of the Employer pursuant to this Article shall not be subject to the grievance-arbitration procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. A. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's duties, upon request the Employer agrees to provide for the legal defense of the bargaining unit member in any civil legal action brought against the bargaining unit member as a result of the performance of the bargaining unit member's duties.
B. The bargaining unit member must request in writing that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit member. The summons and complaint shall accompany the request. The postmark on the bargaining unit member's request shall be accepted as the date of request by the Employer. Failure to submit a written request within the required five (5) working days relieves the Employer of any obligation under this Article.
C. The Employer shall have the right to determine which attorney shall represent the bargaining unit member. If the bargaining unit member objects to the attorney provided by the Employer, the bargaining unit member may request that the Employer appoint another attorney. The bargaining unit member may make only one (1) such request.
D. If the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the bargaining unit member at the bargaining unit member's normal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; upon a reasonable showing by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trial. The Employer also agrees to pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made by the Employer of the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Article, Employer “Employer” means the State state of Alaska or designated representative of the State or an agency of the State. Consistent with past practice, decisions of the Employer pursuant to this Article shall not be subject to the grievance-arbitration procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
