shall govern. When an employee is instructed to report for work, but is not placed to work or is unable to continue to work because of inclement weather or any other reason beyond the control of the Employer, the following shall apply:
shall govern. Unless otherwise agreed during negotiations undertaken pursuant to this Section, the following procedures will apply in the event of a reduction of positions:
(1) Prior to the layoff of any bargaining unit employee, the College will lay off any temporary employees performing substantially similar work within the department affected. In addition, work regularly performed by casual employees in such department shall be reassigned to any bargaining unit employee who would otherwise be laid off if such employee agrees to perform such work, as scheduled, and is qualified to do so. The compensation and benefits of any bargaining unit employee who assumes the assignment, including work schedule, of a casual employee shall be consistent with the provisions of the collective bargaining agreement. If the work assignment(s) assumed is less than 20 hours per week, the employee shall be considered a casual employee within the meaning of Article 2.1(b) and shall remain entitled to the recall provisions of Section 4(e) of this Article. If the work assignment(s) assumed by the employee amounts to more than 20 hours work per week, the employee shall retain his or her bargaining unit status and seniority and shall be paid the applicable wage rate and benefits under the collective bargaining agreement for so long as the employee remains in those assignments or assumes another position within the bargaining unit.
(2) An employee whose position is eliminated under this Article shall have the option of voluntary layoff, transferring into a vacant position for which he/she is qualified and for which there are no bidders with greater seniority, or bumping into the position of a less senior employee for which he/she is qualified.
(3) Employees whose positions are eliminate and opt for voluntary layoff or for whom there are no other available bargaining unit positions, shall be entitled to:
a. One (1) week of severance pay for each year of employment up to a maximum of ten (10) weeks’ pay. Employees with more than ten (10) years of service shall receive an additional week’s pay for every two (2) additional years of service. Severance pay shall be paid on a weekly basis.
b. Payment by the College for the normal cost of a laid-off employee’s continued medical/dental coverage under COBRA for the severance paid period. Such payment will be made directly to the employee on a monthly basis following his/her election of COBRA continuation coverage. Payments shall be used by the employee e...
shall govern. The United Nations Convention on the Recognition and Enforcement of Arbitral Awards (New York Convention) shall govern the enforcement of the award, and the principles set forth in this Agreement shall be applied by the arbitrators for both evidence and substantive legal questions during the arbitration, including the rendering of the award. The arbitrators' award will be final and binding and may be entered in any court having jurisdiction thereof. Each Party will bear its own costs and attorneys' fees and shall share the fees and expenses of the arbitrators in the manner determined by the arbitrators. Any Party may seek injunctive relief in an appropriate court of law or equity pending an award in arbitration to prevent irreparable harm in the interim.
shall govern. Each Credit Party consents to the publication by Agent or any Lender of advertising material relating to the financing transactions contemplated by this Agreement using Borrower's or any other Credit Party's name, product photographs, logo or trademark. Agent or such Lender shall provide a draft of any advertising material to Borrower for review and comment prior to the publication thereof.
shall govern. The Home reserves the right to hire outside help, provided in their opinion, the applicants are not capable of performing the work required. The Union acknowledges that in matters of promotions and transfers within the institute, the Home must decide the question of the efficiency and suitability of any employee for the particular task. The Union’s function in dealing with complaints or grievances arising out of such promotions and transfers will generally consist of satisfying itself that the above procedures have been followed and that all relevant facts and circumstances have been adequately and justly considered by the Home, and any grievances arising out of promotions and transfers shall be confined to these considerations.
15.04 The successful applicant shall be placed on trial in the new position for a period of ten (10) shifts worked. Such trial promotion or transfer shall become permanent after the trial period unless:
a. the employee feels that she is not suitable for the positions, and wishes to return to her former position;
b. the Home feels that the employee is not suitable for the position, and requires that she return to her former position. In the event of either (a) or (b) above, the employee will return to her former position and salary, without loss of seniority. Any other employee promoted or transferred as a result of rearrangement of positions, shall also be returned to her former position and salary, without loss of seniority. The above provisions shall also apply in the event of a transfer to a position outside the bargaining unit. It is understood, however, that no employee shall be transferred to a position outside the bargaining unit without her consent.
15.05 It is agreed that the successful applicants of the job bidding procedure will not be permitted to reapply for any other posted job vacancy for a period of six (6) months, unless mutually agreed upon by the Home and the employee, and such permission will not be unreasonably withheld by the Home.
15.06 Only the original job and first vacancy from the successful applicant will be posted. Vacancies arising out of the second posting will be filled by the Home.
15.07 The Home will post the name of the successful applicant when the position has been filled. The Home will discuss with unsuccessful applicants the manner in which the employee may improve her position and her work in order to be considered by any future vacancy.
shall govern. The Parties shall attempt to select a single arbitrator, but if they are unable to agree within ten days from the date of an arbitration demand served by any of the Parties, then each of the Parties shall appoint one arbitrator and the arbitrators so chosen shall in turn choose an additional arbitrator. If the arbitrators chosen by the Parties cannot agree on the choice of the final arbitrator within a period of ten days after their nomination, then the final arbitrator shall be appointed by the American Arbitration Association. Any arbitration proceedings initiated hereunder shall be held in New York, New York or such other place as the Parties may mutually agree. The arbitration shall take place in the English language. No decision of the arbitrator(s) shall be subject to appeal, and judgment on the award or decision rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To assure predictability, any arbitrators chosen by the Parties or otherwise pursuant to this section shall be attorneys-at-law with experience in sophisticated commercial transactions. The arbitrator(s) shall base the decision solely on the provisions of this Agreement; provided, however, that to the extent that the subject matter for the decision is not provided for in such provisions, the decision shall be based on applicable principles of law and judicial precedent as established in the law of the jurisdiction provided under Section 18.06, and, upon request of a Party, will include in the award findings of facts and conclusions of law upon which the award is based. The arbitrator(s) may grant such legal or equitable relief as appropriate, including money damages, specific performance and injunctive relief. Questions of whether the dispute is subject to arbitration shall also be decided by the arbitrator(s). The final arbitration award shall be issued within ninety (90) days after the arbitration is initiated. Subject to the award of the arbitrator(s), each Party to the arbitration shall pay an equal share of the fees and costs of the arbitration, except the arbitrator(s) shall have the power to award all expenses (including attorneys fees and costs) to the prevailing Party, as determined by the arbitrator(s). Each of the Parties waives any defense of inconvenient forum to the maintenance of an action or proceeding brought under this Section 18.08 and waives any bond, surety, or other security that might be required of any other Party with respect there...
shall govern. The arbitration shall take place in New York, New York and shall be conducted in English. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitrator (i) shall not have any power or authority to add to, alter, amend or modify the terms of this Agreement and (ii) shall interpret and construe this Agreement in accordance with the laws of the State of New York and the United States of America. The cost of such arbitration, including reasonable attorney's fees, shall be borne by the losing Party or in such proportion as the arbitrator shall decide.
shall govern. In such event the ------------- Indemnitee shall be entitled to file a cross-complaint against the Indemnitor in the Third-Party Action where the Indemnitee determines such action to be appropriate, in which case the Indemnitor waives any defense to such cross-claim on the grounds that this Agreement bars such action.
shall govern. Without prejudice to the rights of the Second Lien Agent and the Second Lien Claimholders hereunder, including their rights and remedies upon expiration of the Standstill Period as provided in SECTION 3.1(A)(I), and subject to and except as other provided in SECTION 5.1(A), the Second Lien Agent, on behalf of itself and the Second Lien Claimholders, assents to any substitution, exchange or release of any collateral which may at any time secure any part of the First Lien Obligations (without prejudice to the Liens and other rights therein of the Second Lien Agent and the Second Lien Claimholders) and to the addition of any other Person primarily or secondarily liable therefor.
shall govern. The Parties shall attempt to mutually agree upon a neutral arbitrator. If the Parties cannot reach such agreement, they shall request the American Arbitration Association or its successor to designate a neutral arbitrator. Such arbitrator shall not render a decision that is in conflict with the terms and conditions agreed upon by the Parties in this Agreement. The arbitration shall be conducted in New Jersey if the arbitration is demanded by or initiated by InforMax and shall be conducted in Maryland if the arbitration is demanded by or initiated by APB. The institution of any arbitration proceeding hereunder shall not relieve any Party of its obligation to make undisputed payments under this Agreement. The decision by the arbitrator shall be binding and conclusive upon the Parties, their successors, assigns and trustees and they shall comply with such decision in good faith, and each Party hereby submits itself to the jurisdiction of the State and Federal courts of the place where the arbitration is held, but only for the entry of judgment or for the enforcement of the decision of the arbitrator hereunder. Judgment upon the award may be entered in any court having jurisdiction. Notwithstanding anything herein to the contrary, neither Party has any obligation to arbitrate any claims relating to the infringement or violation of its copyrights or other intellectual property or the unlicensed use, disclosure or transfer of any Data Analysis Products. Such Party may assert such claims in any court of competent jurisdiction at any time.
