Section 3.2 39 Each employee shall have the right to bring matters of personal concern to the attention of appropriate 40 Association representatives and/or appropriate officials of the District.
Section 3.4 26 Each employee reserves and retains the right to delegate any right or duty contained in this Agreement, 27 exclusive of compensation for services rendered, to appropriate officials of the Association.
Section 4.3 34 The Association reserves and retains the right to delegate any right or duty contained herein to 35 appropriate officials of the Public School Employees of Washington State Organization.
Section 4.2 1.II Dispute Resolution Procedures is amended to insert the following paragraph to Section 4.2.1.II.A.(4): The Formal Dispute Process set forth in this section II(B) does not apply to formal disputes arising out of an Authorized User Mini-Bid or Authorized User Agreement. Formal disputes between the Contractor and the Authorized User arising out of an Authorized User Mini-Bid or Authorized User Agreement are to be handled in accordance with the process specified by the Authorized User for disputes. See Section 6.12 Mini-Bid Dispute Resolution Process.
SECTION 112 Governing Law..................................................14 SECTION 113. Legal Holidays.................................................14
Termination; General The Representatives may terminate this Agreement, by notice to the Company, at any time at or prior to Closing Time (i) if in the reasonable judgment of the Representatives, there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Prospectus or the General Disclosure Package, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, financial prospects or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, or (ii) if there has occurred any material adverse change in the financial markets in the United States or the international financial markets, any outbreak of hostilities or escalation thereof or other calamity or crisis or any change or development involving a prospective change in national or international political, financial or economic conditions, in each case the effect of which is such as to make it, in the judgment of the Representatives, impracticable or inadvisable to market the Securities or to enforce contracts for the sale of the Securities, or (iii) if trading in any securities of the Company has been suspended or limited by the Commission, the New York Stock Exchange or the Nasdaq Global Market, or if trading generally on the NYSE American or the New York Stock Exchange or in the Nasdaq Global Market has been suspended or limited, or minimum or maximum prices for trading have been fixed, or maximum ranges for prices have been required, by any of said exchanges or by such system or by order of the Commission, the FINRA or any other governmental authority, or a material disruption has occurred in commercial banking or securities settlement or clearance services in the United States, or (iv) if a banking moratorium has been declared by either Federal, California or New York authorities, or (v) if since the date of this Agreement, there has occurred a downgrading in the rating assigned to the Securities, any class or series of the Company’s outstanding Preferred Stock, if any, or any of the Company’s other debt securities by any nationally recognized securities rating agency, or any such securities rating agency has publicly announced that it has under surveillance or review, with possible negative implications or without indicating the direction of the possible change, its rating of the Securities, any class or series of Preferred Stock or any of the Company’s other debt securities.
Section 2 8.2 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Section 6.2 13 The Association representatives may represent the Association and employees in meeting with officials 14 of the District to discuss appropriate matters of mutual interest. They may receive and investigate to 15 conclusion complaints or grievances of employees on District time and thereafter advise employees of 16 rights and procedures outlined in this Agreement and applicable regulations or directives for resolving 17 the grievances or complaints. They may not, however, continue to advise the employee on courses of 18 action after the employee has indicated a desire not to pursue a grievance. This does not, however, 19 preclude the Association's right to pursue the matter to conclusion. They may consult with the District 20 on complaints without a grievance being made by an individual employee.
Section 3.1 34 It is agreed that the employees in the units defined herein shall have and shall be protected in the exercise 35 of the right, freely and without fear of penalty or reprisal, to join and assist the Association. The freedom 36 of such employees to assist the Association shall be recognized as extending to participation in the 37 management of the Association, including presentation of the views of the Association to the Board of 38 Directors of the District or any other governmental body, group or individual. The District shall take 39 whatever action is required or refrain from such action in order to assure employees that no interference, 40 restraint, coercion, or discrimination is allowed within the District to encourage or discourage 41 membership in any employee organization.
Section 2.1 11 It is agreed that the customary and usual rights, powers, functions, and authority of management are 12 vested in management officials of the District. Included in these rights in accordance with and subject 13 to applicable laws, regulations, and the provisions of this Agreement, is the right to direct the work 14 force, the right to hire, promote, retain, transfer, and assign employees in positions; the right to 15 suspend, discharge, demote, or take other disciplinary action against employees; and the right to 16 release employees from duties because of lack of work or for other legitimate reasons. The District 17 shall retain the right to maintain efficiency of the District operation by determining the methods, the 18 means and the personnel by which operations undertaken by the employees in the unit are to be 19 conducted.