Common use of Ability and Performance Clause in Contracts

Ability and Performance. If factors (b) and (c) above are relatively equal, then layoff shall occur in the inverse order of seniority of the employees. In exercising its judgment in making the selection, the College will not act arbitrarily or capriciously. Seniority, for purposes of this article, shall be defined as the length of time the employee has been continuously employed at the College.

Ability and Performance. If factors (b) and (c) above are relatively equal, then layoff shall occur in the inverse order of seniority of the employees. In exercising its judgment in making the selection, the College will not act arbitrarily or capriciously. Seniority, for purposes of this article, shall be defined as the length of time the employee has been continuously employed at the College.College.‌