qualifications and ability Sample Clauses

qualifications and ability. Where the requirements in factor (b) are relatively equal, seniority shall govern.
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qualifications and ability. Where Employees subject to lay off are relatively equal with respect to the criteria in b) above, seniority applied on a job classification basis will govern. “Job classification” refers to one of the following groups: Ground Controllers Tower Controllers Terminal Controllers PAR Controllers All other positions In the event that the application of the foregoing criteria results in a lay off out of the order of seniority, the Employer agrees to consult with the Union in an effort to retain the senior Employee in its workforce, subject to other collective bargaining obligations, or find alternate employment.
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qualifications and ability. Where the qualifications or ability of the employee is in dispute, the employee will be given adequate opportunity to demonstrate he can perform the required work efficiently, by a qualified instructor. Employees who are offered a posting will only be permitted to post for a new position once every six (6) months.
Sample 1
qualifications and ability. Where the requirements in factor (b) are relatively equal, seniority shall govern. In the event of a layoff of less than five (5) days duration, the factors set out in Article 15.04 hereof shall apply in the same manner provided, however, that seniority shall be considered on a job classification basis.
Sample 1
qualifications and ability. Where the requirements in factor (b) are relatively equal, seniority shall govern. In the event of a layoff of less than five (5) days duration, the factors set out in Article 15.04 hereof shall apply in the same manner provided, however, that seniority shall be considered on a job classification basis. 1. The requirement to post vacancies is suspended if notice of layoff has been given and/or if employees are on layoff. 2. Employees bumped from their jobs have the right to recall to their original position for a period of one year from the date they were bumped. 3. Employees receiving notice of layoff may accept the layoff, exercise their right to bump into another position, or transfer to a position the City has declared vacant. No employee shall bump into a position that is higher paid than their original job. 4. Employees being recalled from layoff are not entitled to be recalled into a job at a higher rate of pay than their original job. 5. Employees temporarily assigned to jobs at a higher rate of pay than their normal job remain subject to bumping from their original job. 6. If a vacancy is not filled through recall, it will be posted. 7. A vacancy in a newly established position will be posted not- withstanding that there may be employees on layoff. Newly established refers to positions established subsequent to the layoff. (2016)
Sample 1
qualifications and ability. Where the qualifications or ability of the employee is in dispute, the employee will be given adequate opportunity to demonstrate he can perform the required work efficiently, by a qualified instructor. Employees who are offered a posting will only be permitted to post for a new position once every six (6) months. The subsequent job vacancy, if any, created by successful job bidding will be filled through the same job posting procedure. However, any subsequent job if any; will be filled at the discretion of the Company. However, before the Company hires off the street, the six (6)month limitation will be waived. In case the employee is not in the job by the Company, or the employee voluntarily elects to give up his rights to the job, and provided either decision is made within ten (10)working days from the time the employee commences work in the position, the employee will be returned to his former job, and any other employee,affected thereby will be returned to his job on a similar basis, and thereafter, the original job will be filled in accordance with Article of the agreement. The Company will post the names of all employees applying for a job posting as well as the successful applicant.
Sample 1
qualifications and ability seniority When factors in (a) are relatively equal, seniority shall govern. The successful applicant shall be notified and commence duties within (30) days of the closing date of the posting. The exceptions to the foregoing time limit shall be when an appointment is made from outside the bargaining unit or with the consent of the union. A successful applicant for a change of classification from inside the bargaining unit will be given a trial period of twenty (20) days worked (excluding any time worked in July and August for all month employees) in the new position. The trial period may be extended by a further twenty days worked with the mutual consent of the Parties. After the trial period, the Board or the employee may decide that the employee is not suited to the new position, and in such a case shall be returned to their previous position. No external applicant shall be considered for a job vacancy prior to the of the selection process. When an employee replaces an employee in a higher classified position in or out of the bargaining unit for more than work day, they shall receive the rate of pay for that position plus any responsibility allowance, this rate being retroactive to day one and pro-rated if applicable. (a) When an employee who was absent from work due to illness, accident or approved leave is ready and capable to assume their normal duties, they shall return to a comparable position within the bargaining unit. When an employee has been absent from work for a period of months, the employee's position will be posted as a permanent position. The employer retains the right to post a permanent position where the absence is less than months after discussions with the union. In the case of the absence of a custodial employee, the Board will endeavor to appoint a qualified replacementas soon as possible.
Sample 1
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qualifications and ability. Where the requirements in factor (b) are relatively equal, seniority shall govern. New employees shall not be hired until those laid off have been given an opportunity of recall.
Sample 1
qualifications and ability. The Employer shall be the judge of whether the qualifications and ability of the employees are equal; but this judgment shall be fairly and reasonably exercised. If a senior employee in a classification is not returned to work or has his/her hours reduced or is laid off, and the Employer's judgment as to this employee's qualifications and ability is challenged through the grievance procedure, it shall be the obligation of the Employer to demonstrate that the qualifications and ability of the senior employee was not equal to that of the preferred junior employee in the same classification.
Sample 1

Related to qualifications and ability

  • Qualifications and experience (List the required education, work experience, expertise and competencies of the individual contractor. The listed education and experience should correspond with the level at which the contract is offered.) a. Education (Level and area of required and/or preferred education) b. Work Experience

  • STAFF QUALIFICATIONS CONTRACTOR shall ensure that all individuals employed, contracted, and/or otherwise hired by CONTRACTOR to provide classroom and/or individualized instruction or related services hold a license, certificate, permit, or other document equivalent to that which staff in a public school are required to hold in the service rendered consistent with Education Code section 56366.1(n)(1) and are qualified pursuant to Title 34 of the Code of Federal Regulations sections 200.56 and 200.58, and Title 5 of the California Code of Regulations sections 3001(y), 3064 and 3065. Such qualified staff may only provide related services within the scope of their professional license, certification or credential and ethical standards set by each profession, and not assume responsibility or authority for another related services provider or special education teacher’s scope of practice. CONTRACTOR shall ensure that all staff are appropriately credentialed to provide instruction and services to students with the disabling conditions placed in their program/school through documentation provided to the CDE (5 CCR 3064 (a)).

  • Professional Qualifications It shall be a condition of continued professional employment that employees must apply for enrolment in their appropriate professional licensing body by the thirtieth day of continuous service.

  • Qualification and Good Standing Each Loan Party is qualified to do business and in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had and will not have a Material Adverse Effect.

  • Qualifications of Panelists All Panelists shall: (a) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements relevant to the subject matter of the dispute; (b) be chosen strictly on the basis of objectivity, impartiality, reliability, and sound judgment; (c) be independent of, and not be affiliated with or take instructions from, any Party; (d) not delegate their responsibilities to any other person; and (e) comply with the Model Rules of Procedure established in Annex 12 (Model Rules of Procedure).

  • Due Qualification and Good Standing The Borrower is in good standing in the State of Delaware. The Borrower is duly qualified to do business and, to the extent applicable, is in good standing in each other jurisdiction in which the nature of its business, assets and properties, including the performance of its obligations under this Agreement, the other Facility Documents to which it is a party and its Constituent Documents, requires such qualification, except where the failure to be so qualified or in good standing could not reasonably be expected to have a Material Adverse Effect.

  • Required Qualifications At all times during the term of the Contract, Vendor shall have available, under direct employment and supervision and/or subcontract agreement fully incorporating the terms and conditions of the Contract Documents, the required qualified and properly licensed (as applicable) personnel to properly fulfill all the terms and conditions of the Contract.

  • Arbitrator Qualifications and Powers Any arbitration proceeding in which the amount in controversy is $5,000,000.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any dispute in which the amount in controversy exceeds $5,000,000.00 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations. The arbitrator will be a neutral attorney licensed in the State of California or a neutral retired judge of the state or federal judiciary of California, in either case with a minimum of ten years experience in the substantive law applicable to the subject matter of the dispute to be arbitrated. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator’s discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all disputes in accordance with the substantive law of California and may grant any remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the California Rules of Civil Procedure or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief.

  • Foreign Qualifications An officer of the Company shall execute, deliver and file any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any foreign jurisdiction in which the Company may wish to conduct business.

  • Blue Sky Qualifications The Company will use its best efforts, in cooperation with the Underwriters, to qualify the Securities for offering and sale under the applicable securities laws of such states and other jurisdictions (domestic or foreign) as the Representatives may designate and to maintain such qualifications in effect so long as required to complete the distribution of the Securities; provided, however, that the Company shall not be obligated to file any general consent to service of process or to qualify as a foreign corporation or as a dealer in securities in any jurisdiction in which it is not so qualified or to subject itself to taxation in respect of doing business in any jurisdiction in which it is not otherwise so subject.

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