Personnel Matters. 7.1 Verbal or written complaints regarding an employee made to any member of the Administration by any parent, student or other person which is to be placed in any personnel file or which may be used to evaluate or discipline an employee shall be promptly investigated. The employee shall be given prompt notice of such complaint and shall be given the opportunity to respond to the complaint. Unsubstantiated complaints shall not be placed in an employee’s file.
7.2 Each employee shall be entitled to access to his/her personnel file. This review shall take place during an agreed upon time; requests to examine the file need to be made to the Superintendent or his/her designee at least 24 hours prior and shall not be unreasonably withheld. The employee may, if he/she wishes, have a representative of the Association accompany him/her during such review.
7.3 The employee shall have the right to make a response to any material contained in his/her personnel file and such response shall be made a part of said employee’s file. Reproductions of such material may be made by hand or copying machine, if available.
7.4 No disciplinary material will be placed in an employee's personnel file without written or electronic notification to the employee.
7.5 The Board agrees to maintain, as part of its general policy manual, job descriptions for members of the bargaining unit; said policy manual to be made available to each member of the bargaining unit and any new employee. Whenever the District contemplates any changes in job description, the District will notify the Association on the planned action and convene the Job Description Team per the Memorandum of Understanding included in Exhibit 1.
Personnel Matters. The Chancellor shall have primary responsibility in making recommendations to the Board regarding all personnel matters including employment, assignment, transfer and dismissal of employees.
Personnel Matters. The Superintendent shall have primary responsibility in making recommendations to the Board regarding all personnel matters including employment, assignment, transfer and dismissal of employees.
Personnel Matters. 5.1 An employee shall be given a copy of any formal evaluation report prepared by his evaluators before any conference held to discuss it. If the employee is dissatisfied with this evaluation conference, he may request additional conference time. Thereafter, the employee shall sign the report. Such signature shall indicate only that the report has been read by the employee and in no way indicates agreement with the contents thereof.
5.2 Oral or written complaints regarding an employee made to any member of the Administration by any parent, student or other person which may be used to evaluate an employee shall be promptly investigated. In order to be considered an oral complaint and in order to be used in the evaluation of an employee, the employee shall receive written confirmation of the oral complaint. The employee shall be given prompt notice of such complaint and shall be given the opportunity to respond and to meet with the person(s) making such a complaint. The employee will acknowledge that he has had the opportunity to review such complaint by affixing his signature to a copy to be filed. Such signature will in no way indicate agreement with the contents thereof. In any event, if an employee refused to sign any report set forth in this Article then such report may be placed in that respective employee's file.
5.3 The parties recognize and agree that, subject to the provisions of this Article, employee evaluation is a supervisory function.
5.4 Each new employee to the Chesterfield School System shall be made aware of the school district's evaluation plan. The Association shall have the right to contribute input and to meet and confer with respect to any new plan; but in any event, the Board shall make the final determination of any matters under this section.
5.5 Each employee shall be entitled access to his personnel file at any time upon notice to the Superintendent or his designee. The employee may, if he wishes, have a representative of the Association accompany him during such a review.
5.6 The employee shall have the right to make a response to any material contained in his personnel file and such response shall be made a part of said employee's file. Reproductions of such material may be made by hand or copying machine, if available.
5.7 No material will be placed in an employee's personnel file without written notification to the employee.
Personnel Matters. (a) Section 4.11(a) of the Company Disclosure Schedules contains a correct and complete list of the employees and independent contractors of the Company as of the date hereof, including each such person’s name, job title or function, and job location; whether such person is subject to an employment agreement or consulting agreement; a true, correct and complete listing of his or her current salary or wage payable by such Company, including any bonus, contingent or deferred compensation payable to such person; the total compensation paid by such Company to each such person for the fiscal years ending December 31, 2015, 2016 and 2017, including any bonus, contingent or deferred compensation; the amount of accrued but unused vacation time; and his or her current status (as to leave or disability status, employee or independent contractor, full time or part time, and exempt or nonexempt). The Company is not delinquent in payments to any of its employees, consultants, or independent contractors for any wages, salaries, commissions, bonuses, or other direct compensation for any service performed for it or amounts required to be reimbursed to such employees, consultants or independent contractors. The Company has complied in all material respects with all applicable local, state and federal equal employment opportunity laws and with other laws related to employment, including those related to wages, hours, worker classification and collective bargaining. The Company has withheld and paid to the appropriate governmental entity, or is holding for payment not yet due to such governmental entity, all amounts required to be withheld from employees of such Company. The Company not is liable for any arrears of wages, taxes, penalties or other sums for failure to comply with any of the foregoing.
(b) The Company has made all required contributions and has no liability to any such employee benefit plan, other than liability for health plan continuation coverage described in Part 6 of Title I(B) of the Employee Retirement Income Security Act of 1974, as amended, and has complied in all material respects with all applicable laws for any such employee benefit plan.
(c) Except as set forth in Section 4.11(c) all individuals presently characterized and treated by the Company as independent contractors or consultants are properly characterized as independent contractors under all applicable laws. All employees of the Company are presently classified as exempt under the Fair Lab...
Personnel Matters. The Employer and Union agree that all personnel matters are confidential and shall treat personnel matters in a confidential manner absent a legal obligation requiring disclosure.
Personnel Matters. The Superintendent shall have authority to organize, reorganize, and assign administrative and supervisory staff which in her judgment best serves the District, subject to the approval of the Board. The responsibility for selection of personnel shall be vested in the Superintendent and her staff, subject to approval of employment by the Board. Placement of non-administrative and non-supervisory personnel shall be vested in the Superintendent and her staff.
Personnel Matters. (a) True, accurate, and complete lists of all of the directors, officers, and employees of each of the Companies, as of May 4, 2006 (collectively, “Personnel”) and their positions are included on Schedule 3.26(a) of the Disclosure Schedules. True and complete information concerning the respective salaries, wages, and other compensation paid by the applicable Company during 2004 and 2005 as well as dates of employment, and date and amount of last salary increase, of such Personnel has been provided previously to FAAC.
(b) All bonuses and other compensation owed by the Companies to their respective employees and consultants for periods prior to December 31, 2005, have been paid in full and all compensation owed and due by the Companies to their respective employees and Consultants for periods after December 31, 2005 is paid and current (other than bonuses).
(i) A bonus pool (the “Bonus Pool”) for fiscal year 2006 has been established (which is shown and accrued for with adequate revenues on the Interim Financials) from which bonuses are to be paid to certain employees of the Companies if and when such bonuses are determined by the Companies’ management at the end of the Companies’ 2006 fiscal year (the “Employee Bonuses”).
(ii) Certain employees of the Companies are entitled to “Phantom Membership Interest Appreciation Rights” that are due and payable in full on the Closing Date (the “Phantom Membership Interest Plan”). Schedule 3.26(b) of the Disclosure Schedules shows the employees participating in the Phantom Membership Interest Plan and the amounts payable at Closing for each such participant. At Closing the Companies shall be responsible for paying all sums due under the Phantom Membership Interest Plan and deliver to FAAC releases for each participant in the Phantom Membership Interest Plan in the form allocated hereafter as Exhibit J (the “Phantom Membership Interest Release”).
(iii) The Estimated Closing Balance Sheet shall include reserves for the Bonus Pool and the payment of all sums due at Closing under the Phantom Membership Interest Plan.
(c) There are no disputes, grievances, or disciplinary actions pending, or, to the Knowledge of the Companies, threatened, by or between either of the Companies and any Personnel.
(d) All personnel policies and manuals of the Companies are listed on Schedule 3.26(d) of the Disclosure Schedules, and true, accurate, and complete copies of all such written personnel policies and manuals have been provided to FAAC...
Personnel Matters. (a) Buyer contemplates that it may retain some of the employees of Seller at the Rhinelander Branch to become employees of Buyer after the Closing hereunder (“Continuing Employees”) if Buyer reaches satisfactory employment understandings with such employees, but nothing herein shall be deemed to require Buyer to employ any employee of Seller. Any employees not hired by Buyer upon the Closing are hereinafter referred to as “Non-continuing Employees”.
(b) Immediately prior to the Closing Date, Seller shall terminate the employment of the Continuing Employees and Seller shall make all payments to such employees for wages, incentive compensation, commissions, bonuses, and vacations owing to or accruing by such employees prior to the Closing Date.
(c) The Personnel Matters Schedule attached as Schedule 9 (which Buyer and Seller acknowledge will not be completed at the time this Agreement is executed and will instead be completed prior to Closing) lists each Continuing Employee’s hire date, base salary and other compensation (including incentives, bonuses, commissions, stock based awards, perquisites, etc.) during the preceding 12-month period, and identifies the normal work schedule for each Continuing Employee.
(d) To the extent permitted by applicable law, each Continuing Employee who accepts Buyer’s offer of employment will be eligible to participate in all employee welfare benefit plans and other fringe benefits and perquisites (“Buyer’s Plans”) extended to employees holding comparable positions with Buyer, and will be given credit for eligibility and vesting purposes under all employee retirement plans covering employees of Buyer in existence at the Effective Time for length of service with Seller. Continuing Employees shall not be subject to exclusions for pre-existing medical conditions nor subject to any waiting periods for medical or dental plan coverage except to the extent recognized under Buyer’s Plans. Buyer will admit Continuing Employees who have satisfied the eligibility service requirement of Buyer’s retirement plan to such plan on the Effective Time and will permit all Continuing Employees to roll over any payments distributed in cash from the retirement plan of Seller to Buyer’s 401(k) Plan, as permitted by IRS regulation.
(e) In addition to the other information specifically provided for herein, Seller shall furnish to Buyer such employee information and such descriptions of personnel policies, procedures, and benefit plans applicable to Con...
Personnel Matters. (a) Schedule 5.9 sets forth a correct and complete list of each member, manager, director, officer, employee, independent contractor, consultant and agent of the Company, including but not limited to, each employee on leave of absence or layoff status. No retired member, manager, employee, director, of officer of the Company is receiving benefits or scheduled to receive benefits in the future.
(b) Schedule 5.9 sets forth a correct and complete list each employment, consulting or similar agreement, written or oral, made by the Company with any person.
(c) No employees of the Company are represented by any labor union or similar organization. The Company is not party to any collective bargaining or similar agreement covering any of its employees. No labor union or similar organization or group of employees has made a demand for recognition, filed a petition seeking a representation proceeding or given the Company notice of any intention to hold an election of a collective bargaining representative at any time during the past three (3) years. The Company does not, and has never had, any "employee benefit plans" as defined by Section 3(3) of the Employee Retirement Income Security Act of 1974, pension, retirement, bonus, profit-sharing, stock option, or other such arrangements providing for employee remuneration or benefits.
(d) The Company has complied in all respects with all Legal Requirements relating to employment practices, terms and conditions of employment, equal employment opportunity, nondiscrimination, immigration, wages, hours, benefits, collective bargaining, the payment of social security and similar Taxes and occupational safety and health. The Company is not liable for the payment of any Taxes, fines, penalties, or other amounts, however designated, for failure to comply with any of the foregoing Legal Requirements.
(e) No member, manager, officer, director, agent, employee, consultant, or contractor of the Company is bound by any Contract that purports to limit the ability of such officer, director, agent, employee, consultant, or contractor to engage in or continue or perform any activity, duties or practice relating to the business of the Company. No former or current employee of the Company is a party to, or is otherwise bound by, any Contract that in any way has adversely affected, affects, or will affect the ability of the Company or the Purchaser to conduct the business as heretofore carried on by the Company.
