Technical Consultations If a Party has a significant concern with respect to food safety, plant health, or animal health, or an SPS measure that the other Party has proposed or implemented, that Party may request technical consultations with the other Party. The Party that is the subject of the request should respond to the request without undue delay. Each Party shall endeavour to provide the information necessary to avoid a disruption to trade and, as the case may be, to reach a mutually acceptable solution.
Conduct of Local Church Operations From the date of this Disaffiliation Agreement through and until the Closing, the Local Church: (a) will conduct its operations substantially in accordance with past practice and will use commercially reasonable efforts, subject to the foregoing, to maintain and preserve its operations and organization consistent with past practice and efficient and economical management, (b) will not take any action that is inconsistent with its charitable purposes under Section 501(c)(3) of the Code or that otherwise adversely affects its tax-exempt status, and (c) will not take any action that would cause its representations and warranties in this Disaffiliation Agreement not to remain true and correct as of Closing, except with the prior written consent of the Annual Conference.
Supervisors Working (a) The Employer agrees that the function of supervisors is the supervision of Employees and not the performance of the work of the employees they supervise. Accordingly, the Employer agrees that supervisors or other employees of the Employer who are not members of the bargaining unit shall not perform any bargaining unit work, except to train employees or demonstrate safety, or as otherwise provided in the applicable Supplement, Rider or Addendum. However, in the case of Acts of God, supervisors shall comply with the procedures in subsections (b) and (c) and may only perform bargaining unit work until bargaining unit employees are available. The Employer shall make every reasonable effort to maintain a sufficient workforce to staff its operations with bargaining unit employees. The Employer also agrees that supervisors or other employees of the Employer who are not members of the bargaining unit shall not perform bargaining unit work in preparing the work areas before the start of the Employer’s hub, preload or reload operation, nor shall the Employer send any bargaining unit employee home and then have such employee’s work performed by a supervisor or other employees of the Employer who are not a member of the bargaining unit.
(b) When additional employees are necessary to complete the Employer’s operations on any shift or within any classification, the supervisor shall exhaust all established local practices to first use bargaining unit employees including where applicable, double shifting, early call-in, and overtime.
(c) If there is no established local practice, the following shall apply with regard to inside work. Within each building, each operation will maintain appropriate list(s), by seniority, of those part-time employees requesting coverage work. It will be the employees’ responsibility to sign up on the appropriate list. The Company shall post such lists and employees who are interested in adding their names to the lists shall do so on the first working day of each month. It will be the employee’s responsibility to make sure his/her their contact information is correct. Employees who are unavailable to work on three (3) separate occasions within a calendar month shall have their names removed from the coverage list. Those employees shall be eligible to re-sign the list the following month. When coverage work is available, the Company will use the appropriate list to fill the required positions, and such employees will work as assigned. The employee must be qualified for the available work and double shift employees shall have seniority among themselves. No employee is allowed to work more than two (2) shifts in any twenty-four (24) hour period. Local call verification practices and procedures shall remain in place. Nothing contained in this Section shall change existing practices or procedures covering full-time work.
(d) If it is determined at any step of the grievance and/or arbitration procedure that this Section, or a “supervisor working” provision in a Supplement, Rider or Addendum, has been violated, the aggrieved employee will be paid as follows: (i) if the actual hours worked by the supervisor amounts to two (2) hours or less, the aggrieved employee will be paid for the actual hours worked by the supervisor at the rate of double time the employee’s rate of pay at the time of the incident; or (ii) if the supervisor works more than two (2) hours, the aggrieved employee shall be paid four (4) hours at straight time or actual hours worked at double time the employee’s rate of pay at the time of the incident, whichever is greater. If no aggrieved employee can be identified, the payment will be made to the grievant. Such remedy shall be in addition to any other remedies sought by the Union in the appropriate grievance procedure. If a Supplement, Rider, or Addendum does not have a provision requiring notice to the ▇▇▇▇▇▇▇ when a supervisor works the following shall be incorporated: “In the event a supervisor does perform bargaining unit work, the Employer shall notify the appropriate shop ▇▇▇▇▇▇▇ as soon as possible.” In the event that any individual supervisor is found to be in violation of the first paragraph of this Subsection three (3) times in any nine (9) month rolling period, the grievance shall be paid at triple quadruple time the employee’s rate of pay for the hours specified in the first paragraph of this subsection.
Supervisors Supervisors may continue to perform bargaining unit work which is incidental to their jobs. They may also perform bargaining unit work in emergency situations and where such work is necessary to train a covered member. Such work by supervisors may result from but shall not cause any layoffs of covered members.
VACANCIES AND PROMOTIONS 10.1 All openings for instructional and administrative positions shall be posted on the District website. Notice of these vacancies shall be posted at least five (5) work days prior to the filling of such vacancy. Vacancies which occur during June, July, and August shall be posted for only four (4) work days. Vacancies that occur within one week of the beginning of school, within one week after the Deputy Superintendent’s FTE mini-count, or during the school year due to a resignation or approved transfer, may be filled prior to the job closing if a qualified applicant is available. Agreement between the Superintendent and the ABCE President will be necessary for this to occur. Vacancies that occur in “Critical Shortage Areas” shall be advertised in accordance with the contract but may be filled prior to the job closing, with an available, certified and qualified applicant. Agreement between the Superintendent and the ABCE President will be necessary for this to occur.
10.2 All openings for supplements listed in Appendix D or other extra-compensated positions will be posted within that school on the ABCE bulletin board and via email to all current staff at that school site where the opening occurs at least five (5) work days prior to filling such vacancy. If no one is chosen from that school, then the vacancy will be advertised county wide for an additional five (5) work days.
10.3 If positions are not properly advertised within the provisions of Article X, the Association may file a grievance at Step 2 of the grievance provision.
10.4 Applicants selected for interviews shall be from the pool of certified and qualified applicants only. Certified: Hold a valid in-field Florida temporary or professional certificate that matches the certification(s) required for the position being advertised. Qualified: Anyone using the High Objective Uniform State Standard of Evaluation (HOUSSE) plan to qualify must meet the criteria outlined in School Board policy and match the certification required for the position being advertised. Alternately, state-certified teachers may also be required to "qualify" for positions by holding additional endorsements such as ESOL, Reading, and Gifted. Exception: Applicants applying for positions that require district-granted CTE certification (non-transferable) need not hold that certification prior to being selected for an interview but must meet the minimum criteria outlined in the district's Process for Granting District CTE Certificates.
