XXX-OFF PROCEDURE Sample Clauses

XXX-OFF PROCEDURE. The following guidelines will be utilized whenever an ancillary staff lay- off becomes necessary due to financial and/or student count reasons. 1. When it becomes apparent that lay-offs may be necessary, representatives of the Employer and the Association will meet to permit the Employer to outline the need for the proposed reduction in ancillary staff. 2. To the extent permitted by law, probationary ancillary staff employees shall be laid off before non-probationary ancillary staff employees. Written notification of potential lay-off will be given to all affected tenured and non-tenured employees at least sixty (60) days prior to lay-off. 3. The identification of the positions to be eliminated will be determined by the employer. 4. After all reinstatements, retirements, or any other new positions are examined, the ancillary staff affected by the reduction in the number of positions the district has will be allowed to fill the open positions on a basis of seniority. 5. In the event that there still is not an open position for which the ancillary staff is certified, the district will examine, beginning with the least senior ancillary staff in the district, employees who may be certified to fill open positions where such transfer would result in an opening appropriate for the ancillary staff who is displaced. (Example: a middle school teacher has lost her position due to a reduction in the number of music sections. She/he is also certified to teach at the elementary level. A teacher will either be laid off at the elementary level – up to the point of her seniority – or transferred to another position, i.e., regular ed. teacher moved to special ed. to make a position open for that teacher to move to the elementary.) 6. In the event that a new opening should occur due to a resignation or retirement or identification of a new position that is needed, the entire process shall be repeated, beginning with the most senior displaced ancillary staff, with the consideration that no one will receive an assignment that could result in someone else losing a position. This process is followed until all laid-off employees are recalled.
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XXX-OFF PROCEDURE. When it becomes necessary to reduce the work force for an indefinite period in a department or within a work cell, the reduction will be made according to job classifications, and employees will be notified three (3) normal working days in advance. It is understood and agreed that in all cases of reduction in workforce, seniority shall be the determining factor so long as those employees remaining in affected job classifications have the skills and abilities to ensure continued efficient operations of the Company. When a reduction in workforce is implemented in a department, the following procedure will govern, seniority prevailing, provided that affected employees have the skills and abilities to perform available jobs: 1. Probationary employees in the department shall be laid off before any employee having seniority in that department is affected. a. Employees on inactive status for sickness and accident, workers’ compensation, FMLA, or personal leave, while other senior employees within their classification are moved to lay-off status, will be moved to layoff status. 2. If further reduction is necessary, employees having seniority shall be entitled to displace other employees within the department in accordance with the following: a. Displace the employee having the least seniority in an occupation he/she had previously satisfactorily performed while in the employ of the Company. b. If employees cannot displace employees in jobs previously satisfactorily performed, they shall be entitled to displace the employee having the least seniority in an occupation he/she is able to perform without further training. c. Bumping rights for those inactive at the time of lay off, may be invoked at the time said employee is scheduled to return, or is released to return to work. Bumping rights under these circumstances, expire the working day following the scheduled return date. Recall rights will be extended for the normal defined term (one-half seniority to a maximum of three (3) years) effective with the date of lay off; however, recall rights will not be extended until the employee is scheduled to return or is released to return to work. 3. Any employee having seniority displaced from a department in accordance with the above procedure shall be entitled to displace employees in other departments in accordance with the following: a. Displace the employee having the least seniority in an occupation he/she had previously satisfactorily performed while in the employ of...
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XXX-OFF PROCEDURE. In the event a reduction in work force requires a layoff of employees, the following procedure will be used: 1. Probationary employees shall be the first laid off. 2. Non-probationary employees shall be laid off according to seniority, i.e., the least senior employee shall be laid off first. 3. Employees to be laid off will receive at least seven (7) calendar days' notice.
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XXX-OFF PROCEDURE. Due to daily production line balance conditions or daily lack of work conditions, employees may be laid off by seniority, by job classification, and shift. It is understood that under these circumstances, the Company will solicit volunteers for such light work load (LWL) conditions before laying off the junior employees in said classification or laying off the entire job classification due to such conditions. In the event that the Company makes the determination to implement a forced LWL for consecutive days, the Company agrees that it will meet with the Union to seek alternatives to the LWL condition. The Company and the Union have agreed to the following process of lay-off to address lack of work conditions other than LWL conditions. The Company shall meet with the Union to explain the rationale, the extent, timing, and duration of the layoff. The Company shall be responsible for determin- ing the type of lay-off to implement and may decide to disre- gard a category of lay-off and proceed to an advanced lay-off status based upon the conditions existing at the time of the lay-off. In planning any conversion of one lay-off status to an advanced status, the Company will assure that its decisions will result in as minimal disruption to operations as possible and will include an orderly and efficient recall of laid off employees to active employment on a planned basis that will minimize disruptions caused by such recall. Short Term Lay-off shall be accomplished by soliciting volun- teers from the affected job classification before junior employ- ees are laid off. The Company may designate additional employees for Short Term Lay-off status by seniority by job classification, by shift, and such additional employees may then exercise their seniority by displacing less senior employ- ees within the bargaining unit on their shift, provided that any employee who so exercises such displacement actions demon- strates that the minimum requirements of the new job are performed within the qualifying period. The qualifying period shall be no more than five (5) days for all jobs with the excep- tion of Technical Services Department, Warehouse Clerical, Flex Pack, UWC, and other such jobs that the Company and Union mutually agree upon to be exempted jobs. In the Technical Services Department and Warehouse Clerical, the employee must have had prior experience in the job and must be able to immediately perform the job responsibilities (task training to be provided) in order ...
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XXX-OFF PROCEDURE. In the event it is necessary to reduce the work force, employees will be laid off based on their bargaining unit seniority (the less senior employee first and so on). Employees will have the right for recall by inverse seniority for one year following lay off. Employees who are laid off will be allowed to displace another employee only if the laid off employee previously held the job classification into which he or she wishes to move and the laid off employee has more seniority than the person he or she is replacing.
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XXX-OFF PROCEDURE. (i) In all cases of layoffs (other than layoffs of a temporary nature, i.e. two (2) weeks or less), LINC instructors shall be laid off in reverse order of their seniority ranking, provided that COSTI may retain sufficient LINC instructors who possess the necessary qualifications, ability, knowledge and skill to perform the jobs available. (ii) Where a full-time position has been reduced, subject to service considerations, every effort will be made to combine positions to sustain full-time work. The Union will be informed of these efforts. Where the affected employee declines to accept a combined position, the full-time combined position shall be posted as per Article 16. At no time will one part-time position be offered to a full-time employee whose full-time position has been reduced. (iii) If the position(s) left open by the laid off Instructors are still needed and there are position(s) filled by the remaining Instructors that are not needed, the following shall apply. The remaining Instructors that hold position(s) that are no longer required, shall be transferred and, where available, be given a choice in order of their seniority from all available bargaining unit positions for which they possess the necessary qualifications, ability, knowledge and skills. (All available bargaining unit positions are defined as the position(s) that the laid off Instructors vacated, and any current vacancies.)
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XXX-OFF PROCEDURE. 1. A joint Association/Board committee will be established to review ways to avoid having a reduction-in-force while maintaining current district programs. 2. If a reduction-in-force is imminent, incentives may be offered to encourage voluntary reduction-in-force. These incentives may include: *an extra one month’s pay *summer travel allowances not to exceed one month’s pay *summer educational reimbursement not to exceed one month’s pay *any combination of the above not to exceed one month’s pay A teacher who receives an incentive will be placed on the recall list. 3. If incentives fail to achieve the necessary reduction-in-force, the following lay-off plan shall apply. a. The least senior teacher district-wide shall be laid off after program requirements have been considered. b. The laid off teacher shall maintain their position on the district- wide seniority list. The teacher will be offered another position in the district that the teacher is qualified to fill if such a position is available. c. If no positions are available, or the position available does not meet the teacher’s needs, the teacher shall be placed on a recall list. Recall shall be in order of district seniority provided the most senior teacher on the lay-off list is legally licensed to fill the open position. A teacher may reject a less that full-year contract without disturbing his/her position on the lay-off list. A full-time teacher may also retain his-her position on the lay-off list if he/she rejects a less than full-time position. A teacher may remain on the lay-off list for up to three years. Teachers on the lay-off list are entitled to a hiring preference if the teacher is qualified for the position(s) available. If a teacher is offered a teaching position, and the teacher declines the offer, or fails to accept it within 30 days, the teacher
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Related to XXX-OFF PROCEDURE

  • Lay-off Procedure A permanent employee subject to lay off will be placed using the following procedures in the order set out below: a) An employee will first be offered any available permanent vacancy for which the employee has the required qualifications. The employee will have a maximum of five (5) working days to accept or reject such vacancy. If the employee accepts the vacancy and the hourly rate is lower in that vacant position, the employee's hourly rate will be maintained while the employee remains in that vacant position for a period of one (1) calendar year. b) If there are no vacancies available for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer transfers or demotes the employee pursuant to Clause 10.05, the employee's hourly rate of pay will be maintained so long as the employee remains in the position to which the employee was transferred or demoted. The employee will not receive any further negotiated wage increases until the hourly rate of pay of the new position equals or surpasses the hourly rate of pay of their previous position. c) If there are no vacancies for which the employee has the required qualifications, or if available, the employee does not accept the vacancy and the Employer does not exercise its right under Clause 10.05, the employee may select a permanent position held by a less senior employee on the seniority list if they have the required qualifications. d) This process will continue in order of seniority until each permanent employee subject to lay off obtains a position for which they are qualified or it is determined there are no positions available for which the employee is qualified. If the employee does not select a position for which they are qualified, the employee shall be laid off. e) If the employee is not placed through the above procedures, the employee shall be laid off pursuant to Clause 10.03. f) Permanent full-time employees and permanent part-time employees will be restricted to positions under a), b), c), and d) on their respective seniority lists. g) If an employee is placed through any of the above procedures, the posting provisions under Clause 08.01 will not apply. h) Temporary employees in the same work area and who spend the majority of their time performing the same work as the employee subject to lay off will be terminated before the permanent employee is laid off. i) The procedures set out above in a) through h) shall be completed within twenty

  • Layoff Procedure A. Once the University determines the need for a layoff exists, it shall employ the following procedure: 1. If at any time during the layoff process an employee submits his notice of retirement, resignation or volunteers for layoff, the University will review its layoff rationale. Where appropriate, the University may curtail staff reductions and/or recall laid-off employee(s). The University shall first lay off non-bargaining unit temporary employees with the same job classification and within the department(s) where the layoff(s) occurs. The University shall then lay off probationary employees with the same job classification and within the affected department(s). The University shall then lay off part-time employees with the same job classification and within the affected department(s). 2. If further reductions are required, employees in the affected job classification(s) shall be laid off as follows: a. any employees in the affected classification who have active discipline at the suspension (whether a working suspension or unpaid suspension) level or covered by a “last chance agreement” for conduct other than that covered by Article 41, or b. any employees who have an overall performance evaluation rating below standards (i.e. a “needs improvement” rating or below) for the two most recent performance evaluation rating periods, or c. in the inverse order of seniority. The remaining employees within the department or unit must be immediately qualified to perform the required work. For purposes of layoff, placement, bumping, and recall, “immediately qualified” shall be defined as meeting the minimum and preferred qualifications for the position to perform the work, with the exception of the Technology Scale, where “immediately qualified” shall be defined as meeting the minimum qualifications for the position to perform the required work. In determining whether the employee is immediately qualified, the University shall give consideration to ability, aptitude, skill, experience, qualifications as stated in the job description. The determination of qualifications is the responsibility of the University. If the University determines that an employee is not qualified, the employee shall have the right to grieve such decision. Part-time employees shall be laid off before full-time employees, and part-time employees cannot bump full-time employees. Similarly, temporary employees cannot bump regular or funds available employees, regardless of seniority. 3. Student employees shall not be used to perform significant components of the position of a laid off employee. It is agreed that this provision shall not apply to students, whether paid or unpaid, performing work in internships, graduate assistantships, practicums or through other programs whose primary purpose is to satisfy a degree requirement. 4. The University shall make available to laid-off employees, prior to their layoff date, job and career advising and information on benefits. Upon request, the University shall provide reasonable access to personal computers, and copiers for use in preparing resumes and cover letters. Employees shall also have access to EAP services during this time period to deal with any stress-related issues. 5. If the work force is to be reduced, it shall be accomplished by layoff and not by any hours reduction. Only by agreement between the employee, University and Union can the regular hours of employees be reduced. 6. If a layoff occurs during a period of unpaid leave, the employee on leave shall receive the same rights under this Agreement upon return to work as other employees. 7. Any employee scheduled to be laid off from his/her present job may request to be transferred into a posted vacant bargaining unit position for which the employee is immediately qualified to perform the required work. 8. Seniority will continue to accrue up to eighteen (18) months during time spent on layoff, and the employee shall retain all seniority accumulated prior to layoff. 9. Employees laid off while serving his/her initial probationary period or employees in a temporary position (an employee hired for a specific project or hired with a defined end date) will not be entitled to placement, bumping or recall rights.

  • Model Rules of Procedure The procedure before the Panel shall be conducted in accordance with the Model Rules of Procedure set out in Annex 12 (Model Rules of Procedure). Exceptionally, the disputing Parties may agree on different rules to be applied by the Panel. 2. The Model Rules of Procedure are necessary for the good development of all the steps in this Chapter. In addition, these rules shall regulate the development of the procedure, pursuant to the following principles: (a) the procedures shall ensure the right to at least one hearing before the Panel, as well as the opportunity for each disputing Party to provide initial and rebuttal written submissions, and allow the use of any technological means to ensure its authenticity; and (b) the hearings before the Panel, the deliberations, as well as all the submissions and communications submitted during the hearings, shall be confidential.

  • Rules of Procedure By referring any specific grievance to be dealt with in the expedited arbitration procedure it is understood and agreed that the matter is to be dealt with in accordance with the Rules of Procedure attached to this Agreement as Appendix 1.

  • Order Procedure 7.1 Subject to the Supplier's fulfillment of all of its obligations pursuant to this Agreement, ISR intends to purchase Machine/s from the Supplier by issuing a written Purchase Order dully signed by ISR all on a non-exclusive basis ("Purchase Order"). 7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits. 7.3 During the Agreement Period, ISR in its sole discretion, shall have the option to purchase from the Supplier up to four (4) more additional Machines and ancillaries (the “Optional Machines”). The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines subject to Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines from Supplier. 7.4 Upon receipt of a Purchase Order by email, Supplier shall confirm via email receipt of the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail. 7.5 The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses or facsimile numbers, if any. 7.6 Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc. 7.7 The following original documents will be supplied by Supplier to ISR:

  • Layoff Procedures Layoffs shall be administered pursuant as follows: An employee with permanent seniority in class shall have the right to displace an employee with less permanent seniority in the same class in any department. All bumping and displacement shall first occur within the department that affected the layoff in question prior to City-wide bumping.

  • Transfer Procedure After receipt by Silicon Valley Bank of the executed Warrant, Silicon Valley Bank will transfer all of this Warrant to its parent company, SVB Financial Group. By its acceptance of this Warrant, SVB Financial Group hereby makes to the Company each of the representations and warranties set forth in Section 4 hereof and agrees to be bound by all of the terms and conditions of this Warrant as if the original Holder hereof. Subject to the provisions of Section 5.3 and upon providing the Company with written notice, SVB Financial Group and any subsequent Holder may transfer all or part of this Warrant or the Shares issuable upon exercise of this Warrant (or the securities issuable directly or indirectly, upon conversion of the Shares, if any) to any transferee, provided, however, in connection with any such transfer, SVB Financial Group or any subsequent Holder will give the Company notice of the portion of the Warrant being transferred with the name, address and taxpayer identification number of the transferee and Holder will surrender this Warrant to the Company for reissuance to the transferee(s) (and Holder if applicable); and provided further, that any subsequent transferee other than SVB Financial Group shall agree in writing with the Company to be bound by all of the terms and conditions of this Warrant. Notwithstanding any contrary provision herein, at all times prior to the IPO, Holder may not, without the Company’s prior written consent, transfer this Warrant or any portion hereof, or any Shares issued upon any exercise hereof, or any shares or other securities issued upon any conversion of any Shares issued upon any exercise hereof, to any person or entity who directly competes with the Company, except in connection with an Acquisition of the Company by such a direct competitor.

  • Purpose; Incorporation by Reference of Auction Procedures and Settlement Procedures (a) The Statement for each series of MuniPreferred will provide that the Applicable Rate for such series for each Subsequent Rate Period thereof shall, except under certain conditions, be the rate per annum that a bank or trust company appointed by the Fund advises results from implementation of the Auction Procedures for such series. The Board of Directors or Board of Trustees, as the case may be, of the Fund has adopted a resolution appointing the Auction Agent as auction agent for purposes of the Auction Procedures for each series of MuniPreferred. The Auction Agent accepts such appointment and agrees to follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of determining the Applicable Rate for each series of MuniPreferred for each Subsequent Rate Period thereof for which the Applicable Rate is to be determined by an Auction. Each periodic implementation of such procedures is hereinafter referred to as an "Auction." (b) All of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part hereof to the same extent as if such provisions were fully set forth herein.

  • Sale Procedure During the period from the giving of notice pursuant to Section 10.01(a) hereof until the Proposed Termination Date, the Lessee, as non-exclusive agent for the Lessor, shall use its reasonable efforts to obtain bids for the cash purchase on the Proposed Termination Date (or such earlier date as shall be consented to in writing by the Lessor) of the Aircraft. On the Proposed Termination Date, the Engines shall be installed on the Airframe (provided that the Airframe may be sold with engines meeting the requirements set forth herein for Replacement Engines in lieu of the Engines so long as the aggregate number of Engines and Replacement Engines being sold with the Airframe equals two). The Lessor may, if it desires to do so, seek to obtain such bids. The Owner Participant shall not inspect any bids received by the Lessee with respect to the Aircraft, unless the Owner Participant has given to the Lessee binding and irrevocable notice that neither the Owner Participant nor any of its Affiliates nor any Person acting for the Owner Participant or such Affiliate will submit a bid for the purchase of the Aircraft and if such notice has been given, the Lessee will provide the Lessor with copies of bids received by the Lessee. No bid may be submitted by the Lessee or any Person affiliated with the Lessee (or with whom or which there is any arrangement or understanding as to the subsequent use of the Aircraft by the Lessee or any of its Affiliates) or any agent or Person acting on behalf of the Lessee. The Lessee may reject any bid which is less than the sum of the applicable Termination Value, the aggregate amount of any Make-Whole Premium and all other expenses incurred by the Lessor, the Owner Participant and the Indenture Trustee in connection with the sale. Subject to the provisions of Section 10.02 hereof, on the Proposed Termination Date or such earlier date of sale as shall be consented to in writing by the Lessor, the Lessee shall deliver the Airframe which shall have the Engines installed on it (provided that the Airframe may be delivered with installed engines meeting the requirements set forth herein for Replacement Engines in lieu of the Engines so long as the aggregate number of Engines and Replacement Engines being delivered with the Airframe equals two and the Lessee shall comply with the provisions of Section 11.04 hereof as if an Event of Loss occurred with regard to the Engines) to the bidder which shall have submitted the highest cash bid (whether certified to the Lessor by the Lessee or directly received by the Lessor and certified to the Lessee) in the same manner as if delivery were made to the Lessor pursuant to Article 12 hereof, at a location specified by such bidder, and shall duly transfer to the Lessor title to any such engines not owned by the Lessor, and the Lessor shall, upon payment in full of the bid price and all amounts due and owing pursuant to Section 10.01(c) hereof by wire transfer of immediately available funds and upon discharge of the Lien of the Indenture in accordance with Article XIV thereof, sell the Airframe and Engines or engines to such bidder without recourse or warranty (except as to the absence of Lessor's Liens).

  • Registration Procedure Unless such Exchange Shares are issued pursuant to an Issuer Registration Statement as provided in Section 2 hereof, then subject to Sections 3.1(c) and 3.2 hereof, if Holder desires to exercise its Registration Rights with respect to the Exchange Shares, Holder shall deliver to the Company a written notice (a "Registration Notice") informing the Company of such exercise and specifying the number of shares to be offered by such Holder (such shares to be offered being referred to herein as the "Registrable Securities"). Such notice may be given at any time on or after the date a notice of exchange is delivered by Holder to the Partnership pursuant to the Partnership Agreement, but must be given at least fifteen (15) Business Days prior to the anticipated consummation of the sale of Registrable Securities, which consummation shall in any event be subject to an effective Shelf Registration Statement (as hereinafter defined) or an effective New Registration Statement (as hereinafter defined). As used in this Agreement, a "Business Day" is any Monday, Tuesday, Wednesday, Thursday or Friday other than a day on which banks and other financial institutions are authorized or required to be closed for business in the State of New York or Michigan. Upon receipt of the Registration Notice, the Company, if it has not already caused the Registrable Securities to be included as part of an existing shelf registration statement (prior to the filing of which the Company shall have given ten (10) Business Days notice to Holder) and related prospectus that the Company than has on file with the Commission (the "Shelf Registration Statement") (in which event the Company shall be deemed to have satisfied its registration obligation under this Section 3), will cause to be filed with the Commission as soon as reasonably practicable after receiving the Registration Notice a new registration statement and related prospectus (a "New Registration Statement") that complies as to form in all material respects with applicable Commission rules providing for the sale by Holder of the Registrable Securities, and agrees (subject to Section 3.2 hereof) to use its best efforts to cause such New Registration Statement to be declared effective by the Commission as soon as practicable. (As used herein, "Registration Statement" and "Prospectus" refer to the Shelf Registration Statement and related prospectus (including any preliminary prospectus) or the New Registration Statement and related prospectus (including any preliminary prospectus), whichever is utilized by the Company to satisfy Holder's Registration Rights pursuant to this Section 3, including in each case any documents incorporated therein by reference.) Holder agrees to provide in a timely manner information regarding the proposed distribution by Holder of the Registrable Securities and such other information reasonably requested by the Company in connection with the preparation of and for inclusion in the Registration Statement. The Company agrees (subject to Section 3.2 hereof) to use its best efforts to keep the Registration Statement effective (including the preparation and filing of any amendments and supplements necessary for that purpose) until the earlier of (i) the date on which Holder consummates the sale of all of the Registrable Securities registered under the Registration Statement, or (ii) the date on which all of the Registrable Securities are eligible for sale pursuant to Rule 144(k) (or any successor provision) or in a single transaction pursuant to Rule 144(e) (or any successor provision) under the Securities Act of 1933, as amended (the "Act"), provided, that except with respect to any Shelf Registration, such period need to extend beyond nine months after the effective date of the Registration Statement; and provided further, that with respect to any Shelf Registration, such period need not extend beyond the time period provided in this Section 3.1(a), and which periods, in any event, shall terminate when all the Exchange Shares covered by such Registration Statement have been sold (but not before the expiration of the time period provided in Section 4(3) of the Act and Rule 174 thereunder, if applicable). The Company agrees to provide to Holder a reasonable number of copies of the final Prospectus and any amendments or supplements thereto. Notwithstanding the foregoing, the Company may at any time, in its sole discretion and prior to receiving any Registration Notice from Holder, include all of Holder's Exchange Shares or any portion thereof in any Shelf Registration Statement. In connection with any Registration Statement utilized by the Company to satisfy Holder Registration Rights pursuant to this Section 3, Holder agrees that it will respond within ten (10) Business Days to any request by the Company to provide or verify information regarding Holder or Holder's Registrable Securities as may be required to be included in such Registration Statement pursuant to the rules and regulations of the Commission.

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