Right to Appeal. Notwithstanding a determination by any forum listed in Section VI.D above that the Indemnitee is not entitled to indemnification with respect to a specific Proceeding, the Indemnitee shall have the right to apply to the court in which that Proceeding is or was pending, or to any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification pursuant to this Agreement. Such enforcement action shall consider the Indemnitee’s entitlement to indemnification de novo, and the Indemnitee shall not be prejudiced by reason of a prior determination that the Indemnitee is not entitled to indemnification. The Company shall be precluded from asserting that the procedures and presumptions of this Agreement are not valid, binding and enforceable. The Company further agrees to stipulate in any such judicial proceeding that the Company is bound by all the provisions of this Agreement and is precluded from making any assertion to the contrary.
Right to Appeal. Within five calendar days after receiving the recommendation of personnel action described above, the employee may appeal by signing and filing the card or paper included with the recommendation. Any other written document signed and appropriately filed within the specified time limit by the employee shall constitute a sufficient notice of appeal. A notice of appeal is filed only by delivering the notice of appeal to the office of the Superintendent or designee during normal work hours of that office. A notice of appeal may be mailed to the office of the Superintendent or designee but must be received or postmarked no later than the time limit stated herein. In cases where an order of suspension without pay has been issued in conjunction with a recommendation of dismissal, any appeal of the recommendation of dismissal shall also constitute an appeal of the suspension order, and the necessity of the order shall be an issue in the appeal hearing. If the employee fails to file a notice of appeal within the time specified in these rules, he/she shall be deemed to have waived his/her right to appeal, and the Board may order the recommended personnel action into effect immediately.
Right to Appeal. Where an employee feels he/she has been aggrieved by any decision of the Employer relating to promotion, demotion, transfer or filling of vacancies, the employee may file a grievance in accordance with the grievance procedure as set out in Article 8 of this Agreement. Notwithstanding Article 8 of this Agreement, such a grievance shall be initiated at the third step of the grievance procedure within fourteen (14) days of notification of the promotion, demotion, transfer or the filling of vacancies.
Right to Appeal. The Union reserves the right to appeal any formal corrective action, including discharge, via the grievance procedure, up to and including binding arbitration. The employee reserves the right to rebut, in writing, any Performance Improvement Discussion. Any Performance Improvement Discussion rebuttal shall be made a part of the employee’s unit file and a copy shall be sent to the campus PPP coordinator.
Right to Appeal. Where an Employee feels he/she has been aggrieved by any decision of the Employer relating to promotion, demotion or transfer, the Employee may file a grievance in accordance with the grievance procedure as set out in Article 7 of this Agreement. Notwithstanding Article 7 of this Agreement, such a grievance shall be initiated at the third step of the grievance procedure within fourteen (14) days of the notification of the promotion, demotion or transfer. Where a grievance has been filed, no permanent transfers or placements shall take place until the grievance has been adjudicated.
Right to Appeal. Whenever an application is rejected, the applicant may file a written appeal for reconsideration by the Commission. Such appeal shall be filed immediately on receipt of the rejection notice. In the event there is not sufficient time for the Commission to act on such appeal, the director may allow the appellant to participate on a provisional basis pending decision of the Commission on the appeal.
Right to Appeal. An employee disciplined as a result of a drug or alcohol test has the right to challenge the results of such drug or alcohol test through the disciplinary appeal procedures in Section 2113.14.
Right to Appeal. The Requestor shall have the right to appeal the RMV’s decision to terminate Requestor’s access to RMV data pursuant to paragraph 12 above. Appeals should be made in writing and should be addressed to the Registrar of Motor Vehicles (“Registrar”). If no such appeal is made within 30 days of the termination, the termination shall be final. If the Requestor files an appeal within said 30 days period, the Registrar shall review the RMV’s decision to terminate and shall make a final determination as to whether the terms of this Agreement were breached and, if so, whether the termination of access was appropriate. In making the final determination, the Registrar may consider any documentation proffered by the Requestor evidencing affirmative steps taken to prevent similar violations of this Agreement. The Registrar’s decision is final and dispositive and no further appeal process is available.
Right to Appeal. An employee shall have the right to appeal, in accordance with the Grievance and Arbitration procedures contained in this Agreement, any disciplinary action taken by the Employer.
Right to Appeal. Within fifteen school days after receiving the decision of the principal or the grievant’s head administrator if the grievant is not assigned to an individual school, the grievant, through the UNION, may appeal to the Chief Executive Officer or the Director of Employee Engagement or his or her designee. Copies of the original grievance, the appeal and any decision rendered shall be forwarded to the Director of Employee Engagement with the request for review
