VACATIONS WITH PAY 14.01 An Employee shall be granted, except as otherwise expressly provided herein, an annual vacation with pay according to their aggregate credited service as follows: Years of Service Vacation Entitlement Weeks Days
14.02 All vacations granted shall be considered to start on a Sunday Morning. A weeks' vacation shall mean a calendar week of seven (7) days with five (5) days' pay. Each day's pay shall be calculated at eight (8) hours straight time based on the daily rate of pay in effect at the time the vacation is taken.
14.03 Notwithstanding the schedule of vacation leave noted in Article 14.01, an Employee, who has been granted and taken vacation leave and terminates their employment with the Employer before the anniversary date when the Employee commenced work, shall have the unearned portion of vacation leave deducted from their termination pay as per Article 14.8.
14.04 All vacations granted in any year shall be determined on the basis of the aggregate credited service of the Employee. Service is calculated on the basis of regular hours worked, and also includes any period or periods of paid absence due to sickness (certified by a medical practitioner), bereavement, jury duty, accident while on duty, maternity/parental/adoptive leave or leave of absence for Union business. All other periods of absence, other than those noted above, will reduce an Employee's vacation entitlement in the same proportion as the factor by which the period of absence relates to the full calendar year.
14.05 Employees will be given an opportunity, based on seniority within their section or work unit, as per Article 19.01, to bid for the vacations with pay to which they are entitled. Employees will not be permitted to exchange vacations, alter the dates after selection has been made, nor extend the vacation period except in special cases. Blocks for vacation in the Operations Division in a given year will be first posted for sign-up not later than October 15th of the preceding year, provisional sign-up to be completed by one (1) calendar month later. The vacation blocks posted for the ten (10) week summer period will be a minimum of nine-percent (9%) of full-time permanent Operators that exist on the 1st day of the month of September of the preceding vacation year. Operator Employees will bid within the blocks available as posted by the City (HSR) according to rotating seniority lists devised by Local Union 107 and agreed to by the City (HSR). Garage and Maintenance Employees will bid on a seniority basis within their own units and within blocks throughout the year available as posted by the City (HSR). Blocks for vacation in the Administrative Section, a given year will be first posted for sign-up not later than October 15th of the preceding year, provisional sign-up to be completed by one calendar month later. It is agreed that the current guidelines will be amended to allow a minimum of three (3) Inspectors off on vacation at any one time during the peak vacation periods. These periods are defined as two (2) weeks at Christmas, one (1) week during the March break and the Summer Board, which is a period of ten (10) weeks. If the number of Inspectors is increased to seventeen (17) or more, a minimum of four (4) Inspectors will be allowed off on vacation at any one (1) time during the peak vacation periods. An employee will be allowed to sign one (1) week of their vacation entitlement as five (5) single days. Blocks for vacation in the Maintenance division, a given year will first be posted for sign-up not later than December 1st of the preceding year, with a view to having the sign-up completed by January 31st. Requests for vacation during January of the vacation year must be submitted to the Manager of Fleet Maintenance, in writing, prior to December 1st of the preceding year. It is further agreed that no unit will be completely vacated. An employee will be allowed to sign one (1) week of their vacation entitlement as five (5) single days. The allocations for vacation purposes shall be as follows:
Transactions with Insiders So long as the Notes are outstanding without a majority of the Subscribers consent, the Company shall not, and shall cause each of its Subsidiaries not to, enter into, materially amend, materially modify or materially supplement, or permit any Subsidiary to enter into, materially amend, materially modify or materially supplement, any agreement, transaction, commitment, or arrangement relating to the sale, transfer or assignment of any of the Company’s tangible or intangible assets with any of its Insiders (as defined below)(or any persons who were Insiders at any time during the previous two (2) years), or any Affiliates (as defined below) thereof, or with any individual related by blood, marriage, or adoption to any such individual. “Affiliate” for purposes of this Section 9(t) means, with respect to any person or entity, another person or entity that, directly or indirectly, (i) has a ten percent (10%) or more equity interest in that person or entity, (ii) has ten percent (10%) or more common ownership with that person or entity, (iii) controls that person or entity, or (iv) shares common control with that person or entity. “Control” or “Controls” for purposes of the Transaction Documents means that a person or entity has the power, direct or indirect, to conduct or govern the policies of another person or entity. For purposes hereof, “Insiders” shall mean any officer, director or manager of the Company, including but not limited to the Company’s president, chief executive officer, chief financial officer and chief operations officer, and any of their affiliates or family members.
EMPLOYEE CATEGORIES All employees fall into one or the other of four principal categories as outlined below.
Bidder Supplied Samples The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference. A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.
ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.
Placement on Salary Schedule The following rules shall be applicable in determining placement of a teacher on the appropriate salary schedule.
Recovery Schedule If the initial schedule or any current updates fail to reflect the Work’s actual plan or method of operation, or a contractual milestone date is more than fifteen (15) days behind, Owner may require that a recovery schedule for completion of the remaining Work be submitted. The Recovery Schedule must be submitted within seven (7) calendar days of Owner’s request. The Recovery Schedule shall describe in detail Construction Contractor’s plan to complete the remaining Work by the required Contract milestone date. The Recovery Schedule submitted shall meet the same requirements as the original Construction Schedule. The narrative submitted with the Recovery Schedule should describe in detail all changes that have been made to meet the Contract milestone dates.
Price Adjustments for OGS Centralized Contracts Periodic price adjustments will occur no more than twice per year on a schedule to be established solely by OGS. Pricing offered shall be fixed for the first twelve (12) months of the Contract term. Such price increases will only apply to the OGS Centralized Contracts and shall not be applied retroactively to Authorized User Agreements or any Mini-bids already submitted to an Authorized User. Price decreases may be made at any time. Additionally, some price decreases shall be calculated in accordance with Appendix B, section 17, Pricing.
Contract Sales Price The total consideration provided for in the sales contract for the sale of a Property.
Joint Inventions With Partner The Parties will use reasonable efforts to report, and cooperate in obtaining patent protection on, inventions made jointly between NASA employees, Partner employees, and employees of either Party's Related Entities. Upon timely request, NASA may, at its sole discretion and subject to paragraph E. of this Article:
1. refrain from exercising its undivided interest inconsistently with Partner's commercial business; or 2. use reasonable efforts to grant Partner, under 37 C.F.R. Part 404, an exclusive or partially exclusive negotiated license.
