Miscellaneous Procedures. 1. Failure by the grievant or the BCEA, if applicable, to observe the time limits contained in the grievance procedure shall result in the loss of right to continue the grievance.
2. Failure by the BOARD to observe the time limits contained in the grievance procedure shall grant the grievant the right to proceed to the next level without prejudice.
3. Should the BOARD intentionally fail to complete the required procedure, the employee-grievant shall immediately be awarded the relief sought.
4. Upon mutual agreement between the parties, the time limits imposed in this procedure may be waived, altered, or extended where such action will assist in the solution of the grievance. Such mutual agreement shall be in written form, signed or initialed by both the grievant and the supervisor or the Superintendent, or his/her designee. An email sent and responded to by both parties, will meet the requirements of this provision.
5. All grievances filed and answers received shall be in writing beyond Level I - Informal.
6. A complete record of each grievance shall be kept which shall include all correspondence related to the grievance including dates and times of meetings and decisions rendered.
7. A copy of all written decisions at each level shall be given to the grievant, The President of BCEA, and the Grievance Committee Chairperson.
8. Grievance records shall be kept separate from the employee's personnel file and no action shall be taken against an employee for participating in the use of the grievance procedure.
9. Unless otherwise approved by the supervisor or Superintendent, or his/her designee, the processing of grievances shall not be scheduled during the regular contracted hours of the aggrieved or any classified employee involved in the particular grievance.
10. Former employees shall have no right to file a grievance after the BOARD has approved the resignation of such former employee.
11. A grievance may be withdrawn by the grievant at any level without prejudice.
12. The following item shall not be the basis for any grievance filed under this grievance procedure: Any claim or complaint for which there is another remedial procedure forum established by law or regulation having the force of law, including any matter subject to the procedures specified in the Revised Code of Ohio.
13. Nothing in this procedure shall be construed to deny the BCEA or its representatives the right to redress before an appropriate administrative agency or through the courts. No...
Miscellaneous Procedures a. All meetings and hearings under this procedure shall be conducted in private unless otherwise mutually agreed upon by the parties, and shall include only the parties in interest and their designated or selected representatives and the Union (see 2. above).
b. Timelines or any level(s) of the procedure may be waived with the mutual agreement in writing by the District and the Union.
c. At Level Three, any individual(s) acting as a conductor of the procedure and/or who will rule on the issues presented at a grievance hearing shall not have previously been involved in the events leading to the grievance. If for some reason that requirement is impossible to meet, then the individual(s) shall state for the record their involvement in the events related to the grievance.
Miscellaneous Procedures. BANK may establish additional procedures regarding disbursements as are reasonable to assure the proceeds of the CONSTRUCTION LOAN are paid only to those persons and entities entitled to the same, and that the liens securing the OBLIGATIONS are in all cases first and paramount liens on the PROPERTY.
Miscellaneous Procedures. A. This Agreement shall supersede any rules, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms. It shall likewise supersede any contrary or inconsistent terms contained in any individual teacher contracts heretofore in effect. All future teacher contracts (individual) shall be made expressly subject to the terms of this Agreement. The provisions of this Agreement shall be incorporated into and be considered part of the established policies of the Board except where it is in conflict with the law.
B. If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to the law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
C. The Linden Board of Education and Local 10 / MEA /NEA / Linden Unit hereby agree that any changes in the Master Agreement which were not bargained and agreed to by both parties but which were inadvertently printed in the successor Master Agreement shall not be honored by either party. Conversely, any changes in the Master Agreement which were bargained and agreed to by both parties but which were inadvertently omitted in the printed successor Master Agreement shall be honored by both parties.
D. All contract references to the word ‘day’ shall mean calendar days unless otherwise specified as, for example, school days.
E. The Board and the Association agree to meet one time per month, or as necessary, throughout the school year to address issues related to the contract.
Miscellaneous Procedures. ADMINISTRATIVE AGENT may establish additional procedures regarding disbursements as are reasonable to assure the proceeds of the CONSTRUCTION LOAN are paid only to those persons and entities entitled to the same, and that the liens securing the OBLIGATIONS are in all cases first and paramount liens on the PROPERTY.
Miscellaneous Procedures. (a) The Company shall provide Christows with written instructions that the Company shall not at any time remove any assets from Christows account without the consent of the Purchaser who exercises its Put Option until such time as the Company maintains a cash or cash equivalent balance equal to the amount to satisfy any Put Options outstanding at such time (the "Minimum Cash Amount"). The Purchaser who exercises its Put Option must provide proof of ownership underlying the Put Option on a monthly basis. The Company shall not be permitted to remove any assets from Christows account other than assets valued in excess of the Minimum Cash Amount. Upon receipt by the Company and Christows of a Put Option Notice and notice that the shares of Common Stock have been delivered, the Company shall provide Christows with prior written notice to transfer assets equal to the Minimum Cash Amount.
(b) In the event that the Company does not honor a Put Option within ten (10) business days from the date of the Put Option Notice, the Company shall permit the Purchasers to sell in the aggregate and on a pro rata basis up to fifty percent (50%) of the Langley Shares maintained in the Christows account as of the Final Closing Date upon delivery of a signed written notice from the applicable Purchaser to the Company stating the number of Langley Shares such Purchaser elects to sell and the price xx xxxxh such Langley Shares will be sold, such price not to be less than $______ (the "Sale Notice"). Upon the Company's receipt of a Sale Notice in accordance with this Section 6.4(b), the Company will promptly execute instructions to the Christows account and use its best effort to effectuate such sale. The Company shall not sell, transfer or otherwise dispose of any of the Langley Shares without the prior written consent of the Purxxxxxxx.
Miscellaneous Procedures. The Lender may establish additional procedures regarding disbursements as are reasonable to assure the proceeds of the Loan are paid only to those persons and entities entitled to the same, and that the liens securing the Obligations are in all cases first and paramount liens on the Property.
Miscellaneous Procedures. A. Any case of assault upon a paraprofessional due to school related incident shall be promptly reported to the designated representative of the Board.
B. If positions, without educational requirements become available, members of the P.O.L.D. shall be considered.
C. If any provisions of the Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in force and effect.
Miscellaneous Procedures. The Bank may establish additional procedures regarding disbursements and Draw Requests as are reasonable to assure the proceeds of the Construction Loan are paid only to those persons and entities entitled to the same, and that the liens securing the Obligations are in all cases first and paramount liens on the Property.
Miscellaneous Procedures. The Bank may establish reasonable additional procedures regarding disbursements and Draw Requests as are reasonable to assure the proceeds of the Construction Loan are paid only to those Persons entitled to the same, and that the liens securing the Obligations are in all cases first and paramount liens on the Property and all other assets of the Borrower, except to the extent, and solely to the extent, provided for herein to the contrary. Additionally, the Bank may establish reasonable additional procedures regarding disbursements under and pursuant to the Term Notes, the Operating Note, or the Existing Term Notes to assure compliance by the Borrower with the terms and provisions of this Agreement, the Loan Documents and the respective Term Notes, Operating Note or Existing Term Notes, as the case may be.
