REINSTATEMENT OF GRIEVANCES Sample Clauses

REINSTATEMENT OF GRIEVANCES. The parties acknowledge the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and violative of the fundamental principles of collective bargaining. However, in those instances where the International Union, UAW, by either its Executive Board, Public Review Board, or Constitutional Convention Appeals Committee, has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the Union’s Vice President and Director of the Agricultural Implement Department may inform the Company’s Director of Corporate Labor Relations in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. For the purposes of this Letter of Agreement No. 10, an improper disposition shall include only those instances wherein a grievance:
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REINSTATEMENT OF GRIEVANCES. The parties acknowledge the importance of a stable, effective, and dependable problem resolution process that ensures prompt, fair, and final resolution of employee problems. An attempt to reinstate a grievance properly disposed of violates the principles of collective bargaining and this grievance procedure. However, in instances where the International Union, UAW by either its Executive Board, Public Review Board, or Constitution Convention Appeals Committee, have found the disposition improperly affected by the Union or a Union Representative, the International Union may inform the Company in writing to reinstate the grievance. The Company will not be liable for any claim or damage related to the time period between the last disposition and reinstatement of the grievance.
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REINSTATEMENT OF GRIEVANCES. IN THOSE INSTANCES WHERE THE INTERNATIONAL UNION, UAW, BY EITHER ITS EXECUTIVE BOARD OR PUBLIC REVIEW BOARD HAS REVIEWED THE DISPOSITION OF A GRIEVANCE AND FOUND THAT SUCH DISPOSITION WAS IMPROPERLY EFFECTED BY THE UNION OR A UNION REPRESENTATIVE INVOLVED, A MEMBER OF THE EXECUTIVE BOARD OF THE INTERNATIONAL UNION MAY INFORM THE EMPLOYER IN WRITING THAT SUCH GRIEVANCE IS REINSTATED IN THE GRIEVANCE PROCEDURE AT THE STEP AT WHICH THE ORIGINAL DISPOSITION OF THE GRIEVANCE OCCURRED. 1. THE EMPLOYER WILL NOT BE LIABLE FOR ANY CLAIMS FOR DAMAGES, INCLUDING BACK PAY CLAIMS, ARISING OUT OF THE GRIEVANCE THAT EITHER ARE ALREADY BARRED UNDER THE PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT AT THE TIME OF THE REINSTATEMENT OF THE GRIEVANCE OR THAT RELATE TO THE PERIOD BETWEEN THE TIME OF THE ORIGINAL DISPOSITION AND THE TIME OF THE REINSTATEMENT AS PROVIDED HEREIN. IT IS FURTHER AGREED THAT THE REINSTATEMENT OF ANY SUCH GRIEVANCE SHALL BE CONDITIONED UPON THE PRIOR AGREEMENT OF THE UNION AND THE EMPLOYEE(S) INVOLVED THAT NONE OF THEM WILL THEREAFTER PURSUE SUCH CLAIMS FOR DAMAGES AGAINST THE EMPLOYER IN THE GRIEVANCE PROCEDURE, OR IN ANY COURT OR BEFORE ANY FEDERAL, STATE OR MUNICIPAL AGENCY. 2. THE DECISION OF AN IMPARTIAL ARBITRATOR ON ANY GRIEVANCE SHALL CONTINUE TO BE FINAL AND BINDING ON THE UNION AND ITS MEMBERS, THE EMPLOYEE(S) INVOLVED AND THE EMPLOYER AND SUCH GRIEVANCE SHALL NOT BE SUBJECT TO REINSTATEMENT. 3. THE GRIEVANCE REINSTATEMENT PROVISION IS NOT TO BE CONSTRUED AS MODIFYING IN ANY WAY EITHER THE RIGHTS OR OBLIGATIONS OF THE PARTIES UNDER THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT, EXCEPT AS SPECIFICALLY LIMITED HEREIN, AND DOES NOT AFFECT SECTIONS THEREOF THAT CANCEL FINANCIAL LIABILITY OR LIMIT THE PAYMENT OR RETROACTIVITY OF ANY CLAIM, INCLUDING CLAIMS FOR BACK WAGES, OR THAT PROVIDE FOR THE FINAL AND BINDING NATURE OF ANY DECISIONS BY THE IMPARTIAL ARBITRATOR OR OTHER GRIEVANCE RESOLUTIONS.
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REINSTATEMENT OF GRIEVANCES. The parties acknowledge the importance of a stable, effective and dependable problem resolution process that ensures prompt, fair and final resolution of employee problems. Attempts to reinstate problems properly disposed of through the grievance procedure outlined violate the principles of collective bargaining in the grievance procedure. However, in instances where the International Union, UAW by either its Executive Board, Public Review Board, or Constitutional Convention appeals Committee have found the disposition improperly affected by the Union or a Union Representative, other than matters which have been arbitrated, the International Union may inform the Company in writing they wish to reinstate the grievance and provide the Company with the written reasons and decision upon which the request is made. The Company will not be liable for any claim or damage and will be indemnified therefore by the Union related to the time period between the last disposition and reinstatement of the grievance in the event the grievance is reinstated.
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Related to REINSTATEMENT OF GRIEVANCES

  • Reinstatement, etc The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment (in whole or in part) of any of the Guaranteed Obligations is rescinded or must otherwise be restored by any Lender Party, upon the insolvency, bankruptcy or reorganization of the Borrowers, any other Loan Party or otherwise, all as though such payment had not been made.

  • Reinstatement after Leave An employee on an approved leave of absence is required to contact the Appointing Authority if an extension is being requested. Failure to contact the Appointing Authority about an extension prior to the end of the approved leave shall be deemed to be a voluntary resignation, and the employee shall be severed from State service. The Local Union and the Appointing Authority may agree to waive the five (5) month reassignment restriction in order to temporarily fill the position of an employee on unpaid Military Leave until s/he returns from active duty. Any employee returning from an approved leave of absence as covered by this Article shall be entitled to return to employment in his/her former position or another position in his/her former class/class option in his/her seniority unit, or a position of comparable duties and pay within his/her seniority unit. Employees returning from extended leaves of absence (one (1) month or more) shall notify their Appointing Authority at least two (2) weeks prior to their return from leave. Employees may return to work prior to the agreed upon termination date with the approval of the Appointing Authority. Employees returning from an unpaid leave of absence shall be returned at the same rate of pay the employee had been receiving at the time the leave of absence commenced plus any automatic adjustments that would have been made had the employee been continuously employed during the period of absence. (See also Article 12, Section 7A, regarding return from a leave of absence to a vacancy.)

  • Reinstatements If a policy reinsured on an automatic basis is reinstated in accordance with its terms or the rules of the Company, as provided to the Reinsurer, the Reinsured Policy will be reinstated automatically by the Reinsurer. The Reinsurer's approval is required only for the reinstatement of a facultative policy when the Company's regular reinstatement rules indicate that more evidence than a Statement of Good Health is required. The Company's liability with respect to the premiums in arrears is set out in Exhibit F.

  • Reinstatement of Employees ‌ If, prior to the constitution of an Arbitration Board pursuant to Article 11, it is found that an employee was disciplined or dismissed without just and reasonable cause, or laid-off contrary to the provisions of the Collective Agreement, that employee shall be reinstated by the Employer without loss of pay with all of her/his rights, benefits and privileges which she/he would have enjoyed if the layoff, discipline or discharge had not taken place, or upon such other basis as the parties may agree.

  • Reinstatement of Rights If Lender shall have proceeded to enforce any right under this Agreement or any other Loan Document by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then and in every such case (unless otherwise ordered by a court of competent jurisdiction), Lender shall be restored to its former position and rights hereunder with respect to the Property subject to the security interest created under this Agreement.

  • Revival and Reinstatement If the incurrence or payment of the Guarantied Obligations or the obligations of Guarantor under this Guaranty by Guarantor or the transfer by Guarantor to Agent of any property of Guarantor should for any reason subsequently be declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (collectively, a “Voidable Transfer”), and if the Lender Group is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Lender Group related thereto, the liability of Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

  • Termination; Reinstatement This Guaranty is a continuing and irrevocable guaranty of all Obligations now or hereafter existing and shall remain in full force and effect until all Obligations and any other amounts payable under this Guaranty are indefeasibly paid in full in cash and the Commitments and the Facilities with respect to the Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of the Borrower or any Guarantor is made, or any of the Secured Parties exercises its right of setoff, in respect of the Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any of the Secured Parties in their discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not the Secured Parties are in possession of or have released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of each Guarantor under the preceding sentence shall survive termination of this Guaranty.

  • Discharge; Reinstatement Each Guarantor’s obligations hereunder will remain in full force and effect until the principal of, premium, if any, and interest on the Notes and all other amounts payable by the Company under this Indenture have been paid in full. If at any time any payment of the principal of, premium, if any, or interest on any Note or any other amount payable by the Company under this Indenture is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Company or otherwise, each Guarantor’s obligations hereunder with respect to such payment will be reinstated as though such payment had been due but not made at such time.

  • Revival and Reinstatement of Obligations; Certain Waivers If any member of the Lender Group repays, refunds, restores, or returns in whole or in part, any payment or property (including any proceeds of Collateral) previously paid or transferred to such member of the Lender Group in full or partial satisfaction of any Obligation or on account of any other obligation of any Loan Party under any Loan Document, because the payment, transfer, or the incurrence of the obligation so satisfied is asserted or declared to be void, voidable, or otherwise recoverable under any law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent transfers, preferences, or other voidable or recoverable obligations or transfers (each, a “Voidable Transfer”), or because such member of the Lender Group elects to do so on the reasonable advice of its counsel in connection with a claim that the payment, transfer, or incurrence is or may be a Voidable Transfer, then, as to any such Voidable Transfer, or the amount thereof that such member of the Lender Group elects to repay, restore, or return (including pursuant to a settlement of any claim in respect thereof), and as to all reasonable costs, expenses, and attorneys’ fees of such member of the Lender Group related thereto, (i) the liability of the Loan Parties with respect to the amount or property paid, refunded, restored, or returned will automatically and immediately be revived, reinstated, and restored and will exist and (ii) Agent’s Liens securing such liability shall be effective, revived, and remain in full force and effect, in each case, as fully as if such Voidable Transfer had never been made. If, prior to any of the foregoing, (A) Agent’s Liens shall have been released or terminated or (B) any provision of this Agreement shall have been terminated or cancelled, Agent’s Liens, or such provision of this Agreement, shall be reinstated in full force and effect and such prior release, termination, cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligation of any Loan Party in respect of such liability or any Collateral securing such liability.

  • Discharge Grievance (a) An employee shall only be discharged from the employment for just cause, except that an employee who has not completed the probationary period may be released based on a fair and proper assessment against reasonable standards of performance and suitability. An allegation of action contrary to this clause may be taken up as a grievance. As a good labour relations practice, the Home agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension. (b) Such grievance shall proceed directly to Step No. 1 of the grievance procedure and must be presented in writing, dated and signed within ten (10) days following the discharge. (a) If an employee is to be reprimanded or disciplined, she may have a Union Representative present if she so requests. (b) If an employee is to be suspended or discharged, the Employer shall notify her of this right prior to the outset of the meeting. (c) The Union Representatives undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Representative is unavailable, the Union Representative shall provide an alternate representative.

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