Notification of New Employer In the event that I leave the employ of the Company, I hereby consent to the notification of my new employer of my rights and obligations under this Agreement.
Admission of New Members The Company may admit new Members (or transferees of any interests of existing Members) into the Company by the unanimous vote or consent of the Members. As a condition to the admission of a new Member, such Member shall execute and acknowledge such instruments, in form and substance satisfactory to the Company, as the Company may deem necessary or desirable to effectuate such admission and to confirm the agreement of such Member to be bound by all of the terms, covenants and conditions of this Agreement, as the same may have been amended. Such new Member shall pay all reasonable expenses in connection with such admission, including without limitation, reasonable attorneys’ fees and the cost of the preparation, filing or publication of any amendment to this Agreement or the Articles of Organization, which the Company may deem necessary or desirable in connection with such admission. No new Member shall be entitled to any retroactive allocation of income, losses, or expense deductions of the Company. The Company may make pro rata allocations of income, losses or expense deductions to a new Member for that portion of the tax year in which the Member was admitted in accordance with Section 706(d) of the Internal Revenue Code and regulations thereunder. In no event shall a new Member be admitted to the Company if such admission would be in violation of applicable Federal or State securities laws or would adversely affect the treatment of the Company as a partnership for income tax purposes. (Check if Applicable)
New Hire Orientation The Union’s Business Representative or designee shall be given the opportunity to make a membership presentation at the employer’s regularly scheduled new employee orientation sessions.
General Overview 2.1.1 If NEW PHONE requires maintenance for its local service customers, NEW PHONE will initiate a request for repair (sometimes referred to as a "trouble report") by calling GTE's Customer Care Repair Center. During this call, GTE service representatives will verify that the end-user is a NEW PHONE customer and will then obtain the necessary information from NEW PHONE to process the trouble report. While NEW PHONE representatives are still on the line, GTE personnel will perform an initial analysis of the problem and remote line testing for resale services. If engineered services are involved, the call will be made to the GTE SSCC for handling. If no engineering is required and the line testing reveals that the trouble can be repaired remotely, GTE personnel will correct the problem and close the trouble report while NEW PHONE representatives are still on the line. If on-line resolution is not possible, GTE personnel will provide NEW PHONE representatives a commitment time for repair, and the GTE personnel then will enter the trouble ticket into the GTE service dispatch queue. NEW PHONE's repair service commitment times will be within the same intervals as GTE provides to its own end users. Maintenance and repair of GTE facilities is the responsibility of GTE and will be performed at no incremental charge to NEW PHONE. If, as a result of NEW PHONE-initiated trouble report, trouble is found to be the responsibility of NEW PHONE (e.g., non-network cause) GTE will charge NEW PHONE for trouble isolation. NEW PHONE will have the ability to report trouble for its end users to appropriate trouble reporting centers 24 hours a day, 7 days a week. NEW PHONE will be assigned a customer contact center when initial service agreements are made.
2.1.2 Repair calls to the SSCC for engineered services will be processed in essentially the same manner as those by the GTE Customer Care Center. GTE personnel will analyze the problem, provide the NEW PHONE representative with a commitment time while they are still on the line, and then place the trouble ticket in the dispatch queue.
2.1.3 GTE then will process all NEW PHONE trouble reports in the dispatch queue along with GTE trouble reports in the order they were filed (first in, first out), with priority given to out-of-service conditions. If, at any time, GTE would determine that a commitment time given to NEW PHONE becomes in jeopardy, GTE service representatives will contact NEW PHONE by telephone to advise of the jeopardy condition and provide a new commitment time.
2.1.4 Trouble reports in the dispatch queue will be transmitted electronically to GTE CZT service technicians who will repair the service problems and clear the trouble reports. For cleared NEW PHONE trouble reports, GTE service technicians will make a telephone call to NEW PHONE directly to clear the trouble ticket. GTE service technicians will make the confirmation call to the telephone number provided by NEW PHONE. If NEW PHONE is unable to process the call or places the GTE technician on hold, the call will be terminated. To avoid disconnect, NEW PHONE may develop an answering system, such as voice mail, to handle the confirmation calls expeditiously.
2.1.5 GTE will provide electronic interface access to operation support systems functions which provide the capability to initiate, status and close a repair trouble ticket. GTE will not provide to NEW PHONE real time testing capability on NEW PHONE end user services. GTE will not provide to NEW PHONE an interface for network surveillance (performance monitoring).
Completion of Negotiations This Agreement represents complete collective bargaining and full agreement by the District and the Federation with respect to wages, hours of employment, and all other terms and conditions of employment which shall prevail during the term or terms hereof. This Agreement expresses the entire understanding between the parties and supersedes all previous agreements between them, written or oral. Any matter or subject not herein covered has been satisfactorily adjusted, compromised, or waived by the parties for the life of this Agreement.
Scope of Negotiations The obligation to bargain collectively means to negotiate at reasonable times and to execute a written contract incorporating the terms of any agreement reached. The obligation to bargain collectively does not require the Board and the Association to agree to a proposal nor does it require the making of a concession. Those matters, which are negotiable, are: wages, hours, terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of this Agreement.
Orientation The Employer shall provide planned and paid Orientation Programs of such content and duration as it deems appropriate taking into consideration the needs of the Employer and the Nurses involved. Such Nurses will not be considered part of core staffing during their Orientation Program nor will they be provided with primary assignments.
OTHER IMPORTANT TERMS 19.1 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us an amount when it is due and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
19.2 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
19.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation including within our group of companies. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may end our Agreement by closing your Profile by contacting us via the details set out in section 10.4.
19.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we expressly agree to this in writing. We may not be able to agree to this as doing so may likely put us in breach of our legal and regulatory obligations (including our obligations to comply with anti-money laundering laws).
19.5 Other people that may have rights under this contract. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in sections 13 (Compensation you may owe us).
19.6 The meaning of certain words and phrases not defined elsewhere:
PROMOTIONS AND STAFF CHANGES 11.01 Job Postings
a) When a vacancy occurs or a new position is created for a regular position which the Employer has decided to fill it shall be posted on all bulletin boards for five (5) working days and filled within forty (40) working days of the posting closing. Positions may be advertised in the media only after the Employer has determined an internal applicant is not the successful applicant. Where the Employer decides not to fill a vacant position, the Employer will provide an explanation to the Union if so requested.
b) The Employer, on a temporary basis, may fill a posted position during the posting and selection period.
c) For temporary positions of up to forty-two (42) days, a posting is not required. Positions of longer than forty-two (42) days (seventy-eight (78) days only in the case of temporary aquatic program positions) shall be posted except where the vacancy is created by the absence of an Employee due to vacation.
d) If a temporary position is made into a regular position, the new regular position shall be posted at least 14 days prior to the end of the temporary position.
(i) A posting shall include the following information: Nature of position, qualifications, skills, required knowledge and education, current shift hours and days, number of hours of work per week, and wage rate.
(ii) Such qualifications may not be established in an arbitrary or discriminatory manner, and shall reflect the contents of the Job Description.
11.02 Role of Seniority in Appointments, Promotions, Demotions and Transfers
a) Both parties recognize the principle of promotion within the service of the Employer in the bargaining unit
(i) For classifications required by their job description to supervise other employees in the bargaining unit listed in XXX#4, appointments, promotions, demotions, and transfers shall be based on the ability, knowledge, qualifications and seniority of the Regular Employees considered. Where the ability, qualifications and knowledge of the applicants are relatively equal, the senior applicant will be the successful candidate.
(ii) For all other classifications, where the ability, qualifications and knowledge are sufficient to perform the functions of the posted position, the senior applicant shall be appointed.
c) If the position is not filled by a Regular Employee in (i) or (ii) above, the ability and qualifications of Casual, Temporary and Seasonal Employees shall be considered, and if relatively equal, the senior applicant as determined in Article 10.05 shall be appointed.
d) If the position is not filled by an Employee in b (i), (ii), or c) above, all other applicants shall be considered.
Implementation of Changes If Tenant: (i) approves in writing the cost or savings and the estimated extension in the time for completion of Landlord’s Work, if any, and (ii) deposits with Landlord any Excess TI Costs required in connection with such Change, Landlord shall cause the approved Change to be instituted. Notwithstanding any approval or disapproval by Tenant of any estimate of the delay caused by such proposed Change, the TI Architect’s determination of the amount of Tenant Delay in connection with such Change shall be final and binding on Landlord and Tenant.
