Third Failure Sample Clauses

Third Failure. If the member fails the CSFE again due solely to fitness, Modified Duty status shall be re- evaluated based on the member's effort and. If continued Modified Duty is granted, the member shall continue the work-out schedule as described above. The member can resume full duty status if they pass a CSFE at any time during this period. If the member is not granted continued Modified Duty status, the member shall be allowed to use accrued paid time off or leave without pay until they pass the CSFE within the time frame required by this section. The member will receive a written reprimand, and shall be re-evaluated again at a later date, but no sooner than 30 days from date of the Third Failure.
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Third Failure. Failure to retake or pass the test within 90 days after the second attempt will result in the employee’s third failure. • After employee’s third failure, he/she shall be placed on non-active duty leave. While on non-active duty leave, the employee may remain in pay status through the use of compensatory time, sick time if it meets village criteria for use of sick time, and/or accumulated vacation leave, if any. • After being placed on non-active duty leave, the employee may retake the previously failed EJFT skill review a fourth time within a period not to exceed 30 calendar days. • If the firefighter passes the portion(s) of the skill review that he/she had previously failed, they shall be returned to active duty status.
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Third Failure. 5.4.5.1 If the employee is in their qualifying period, see Failure to Qualify During Qualifying Period process within this Article. If the previous position held by the employee requires the same task, then the employee moves into redeployment. 5.4.5.2 If the employee is not in their qualifying period: 5.4.5.2.1 Following third failure of a required test for requalification (i.e., employee has previously passed testing and was “qualified”): 5.4.5.2.1.1 Employee will be placed on leave for a period equivalent to one (1) month per full year completed from date of hire, during which time they may bid to an open position (other than the position for which they were disqualified) for which they meet bidding qualifications. 5.4.5.2.1.2 Employee will use all accrued and banked PTO until PTO is exhausted; then employee will continue on leave without pay. 5.4.5.2.1.3 If the employee’s leave of absence extends beyond the period equivalent to one (1) month per year of service with the Company, the employee shall be terminated. 5.4.5.2.2 Following third failure of a required test on a new task or content area introduced to an incumbent’s position: 5.4.5.2.2.1 Employee will be placed on leave for a period equivalent to one (1) month per full year completed from date of hire, during which time they may bid to an open position (other than the position for which they were disqualified) for which they meet bidding qualifications. 5.4.5.2.2.2 While on leave, the employee may be assigned to temporary work, as available. Assignments of temporary work will not exceed one (1) month per year of service up to a maximum of twelve (12) months from the date of the third (3rd) failure. Days assigned to temporary work do not extend the length of the leave of absence. 5.4.5.2.2.3 Employee will use all accrued and banked PTO until PTO is exhausted; then the employee will continue on leave without pay. 5.4.5.2.2.4 Once PTO is exhausted, the employee is removed from their current position and will be reclassified to Pay Group M, Experienced Pay Rate. Employee continues to accumulate only Company seniority.
Sample 1
Third Failure. 5.5.4.1 Initiate “Failure to Maintain Performance Qualifying Standards” or “Failure to Qualify During Qualifying Period” processes within this Article.
Sample 1
Third Failure. 5.6.4.1 Initiate “Failure to Maintain Performance Qualifying Standards” or “Failure to Qualify During Qualifying Period” processes within this Article. 5.6.4.2 Loss of position (Sign position waiver in accordance with Article 4.6 within this Agreement). 5.6.4.3 Loss of rate retention and qualification. 5.6.4.4 Must bid to open Construction 1 position (or other position) where available. 5.6.4.5 If no Construction 1 position is available or employee chooses not to bid, employee may be assigned to varying locations based on business need. 5.6.4.6 Two (2) hours of formal, paid, documented training is provided. 5.6.4.7 One (1) year minimum from loss of position to retest. The opportunity to retest will require Management approval and will be based on business need. 5.6.4.8 If employee successfully retests after one (1) year, employee can start working up as Construction 2, as needed, and can bid on Construction 2 position where available.
Sample 1
Third Failure. If the employee fails the third CSFE due solely to fitness, the assignment to light duty shall be re-evaluated based on the employee’ effort. Continued assignment to light duty will be at the discretion of the Fire Chief. The employee is expected to continue to follow the fitness improvement program. If at any time the employee successfully passes the CSFE he or she may resume full duty status. All retests of the CSFE shall be paid for by the employee. If the employee is not assigned to light duty he or she may use accrued sick and vacation leave until he or she passes the CSFE within the time frame required by this section.
Sample 1
Third Failure. 5.4.5.1 If the employee is in their qualifying period, see Failure to Qualify During Qualifying Period process within this Article. If the previous position held by the employee requires the same task, then the employee moves into redeployment. 5.4.5.2 If the employee is not in their qualifying period: • Following third failure of a required test for requalification (i.e., employee has previously passed testing and was “qualified”). • Employee will be placed on leave for a period equivalent to one (1) month per full year completed from date of hire, during which time they may bid to an open position (other than the position for which they were disqualified) for which they meet bidding qualifications. • Employee will use all accrued and banked PTO until PTO is exhausted; then employee will continue on leave without pay. • If the employee’s leave of absence extends beyond the period equivalent to one (1) month per year of service with the Company, the employee shall be terminated. Following third failure of a required test on a new task or content area introduced to an incumbent’s position: • Employee will be placed on leave for a period equivalent to one (1) month per full year completed from date of hire, during which time they may bid to an open position (other than the position for which they were disqualified) for which they meet bidding qualifications. • While on leave, the employee may be assigned to temporary work, as available. Assignments of temporary work will not exceed one (1) month per year of service up to a maximum of twelve (12) months from the date of the third (3rd) failure. Days assigned to temporary work do not extend the length of the leave of absence. • Employee will use all accrued and banked PTO until PTO is exhausted; then the employee will continue on leave without pay. • Once PTO is exhausted, the employee is removed from their current position and will be reclassified to Pay Group M, Experienced Pay Rate. Employee continues to accumulate only Company seniority. • While performing temporary work, additional PTO will be accrued at Pay Group M. When temporary work is not available, the employee will use additional accrued PTO until PTO is exhausted; then the employee will be returned to leave without pay. • Employee will not be eligible for preferential bidding, redeployment, or bumping as a result of this process. • If the employee’s leave of absence extends beyond the period equivalent to one (1) month per year of service with the...
Sample 1
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Third Failure. Refer to “Failure to Maintain Performance Qualifying Standards” or “Failure to Qualify During Qualifying Period” processes within this Article. • Loss of position. • One (1) year minimum from loss of position to bid on open Welding position.
Sample 1

Related to Third Failure

  • Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;

  • Epidemic Failure “Epidemic Failure” for any particular Product shall mean a failure resulting from defects in material, workmanship, and manufacturing process, including but not limited to the use of Components with known defects. The Epidemic Failure clause shall be invoked [***]. The failure rate may be calculated [***], as determined by BUYER. Epidemic failures do not supersede the requirements of any expressed or implied warranty defined herein. In the case of an epidemic failure, SUPPLIER’s obligation is to propose an action plan to fix the failure of any affected Product within seventy-two (72) hours of discovery. SUPPLIER shall implement this action plan upon BUYER’s acceptance thereof. If the action plan is not acceptable to BUYER, BUYER can require SUPPLIER to repair or replace, at BUYER’s option, the affected Product. In addition to bearing the costs associated therewith, if requested by BUYER, SUPPLIER shall support and provide at SUPPLIER’s expense a sufficient number of units of the Product to permit the field exchange or “hot swap” of Products at customer sites. The parties agree to make all reasonable efforts to complete the repair or replacement of all affected Products within eight (8) Business Days after written notice of epidemic failure by BUYER to SUPPLIER. SUPPLIER also agrees that BUYER will be supported with accelerated shipments of replacement Product to cover BUYER’s supply requirements. If an Epidemic Failure is caused by (i) a design, including a BUYER-provided test process, as required by the Specifications or (ii) a failure by a Component required by the Specifications, (iii) misuse or damage during transit or damage by a third party at no fault of SUPPLIER, SUPPLIER shall perform the obligations in this Section 10.5 and BUYER shall pay to SUPPLIER the fees mutually agreed upon by the parties in writing. If an Epidemic Failure is caused by any other reason other than as set forth in the immediately preceding sentence, SUPPLIER shall perform the obligations set forth in this Section free of charge. Confidential treatment is being requested for portions of this document. This copy of the document filed as an exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [***]. A complete version of this document has been filed separately with the Securities and Exchange Commission.

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • Borrower’s Failure to Notify Any outstanding Borrowing of Domestic Rate Loans shall, subject to Section 6.2 hereof, automatically be continued for an additional Interest Period on the last day of its then current Interest Period unless the Borrower has notified the Administrative Agent within the period required by Section 1.6(a) hereof that it intends to convert such Borrowing into a Borrowing of Eurocurrency Loans or notifies the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing. If the Borrower fails to give notice pursuant to Section 1.6(a) hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be converted into a Borrowing of Domestic Rate Loans, subject to Section 6.2 hereof. If the Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in an Alternative Currency before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in the same Alternative Currency with an Interest Period of one month, subject to Section 6.2 hereof, including the application of Section 1.4 hereof and of the restrictions contained in the definition of Interest Period.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • No Failure to Cure Default The Seller has not received a written notice of default of any senior mortgage loan related to the Mortgaged Property which has not been cured;

  • Epidemic Failure Remedy If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.

  • Failure In the event the Company brings any action against Consultant for breach of this Agreement, Consultant’s entire liability to the Company shall not exceed the fees paid to Consultant hereunder. In no event shall Consultant be liable to the Company or any other party for any indirect, special or consequential damages, nor for any claim against the Company by any person or entity arising from or in any way related to this Agreement.

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