Common use of Armed Services Clause in Contracts

Armed Services. Any employee entering the Armed Services who might be drafted under P.L. 759, or entitled to seniority rights under P.O. 759, shall be entitled to pension and seniority rights as provided herein, and upon return may exercise one's seniority to fill any position bid and held by a junior employee during this absence, provided one can qualify and makes application within thirty (30) days. It may be found necessary for employees to submit to an Authority medical examination to insure the safety of the individual, the operator and other employee with whom one is working, and to determine the employee's physical capabilities after a period of disability due to a non-compensable cause. When such medical examinations are required by the Authority, it shall assume the cost thereof. An employee failing to meet the physical and mental qualifications for the duties of one's employment shall be forthwith notified of that fact in writing. Within five (5) days after the date one was so informed, said employee shall have the privilege of being examined by a medical doctor of one's own selection at one's cost. After examining the employee, said doctor shall forthwith submit in writing to Authority one's findings and conclusions. If the Authority doctor and the employee's doctor do not concur in the diagnosis and recommendations, and, if the employee in question makes written application for the same within five (5) days after one was informed in writing of the disagreement, the two doctors shall select a third medical doctor for the purpose of sensing as the third party, of a medical board to determine the physical and mental condition of said employee. Authority shall pay for the services of its doctor and the third or neutral doctor. If the conclusion of the two said three doctors is that the employee is not qualified physically and/or mentally for the regular duties of one's employment, this fact shall be certified by them in writing to the Authority; the Authority shall notify Union of such findings in writing; and an effort shall be made by the Authority to find a position with duties that the affected employee can perform within the scope of the doctors' recommendations. If the recommendations of the doctors are such that the affected employee is unable to perform duties available, and if said employee does not qualify for disability benefits under Section 412, then one shall be furloughed. If an employee has been furloughed under this provision and one's disability is removed as the result of subsequent medical treatment, as certified in writing by one's personal doctor, and an application for reinstatement is made within the time equal to the accrued A&H eligibility as per Section 408, but in no case to exceed one (1) year after the date of furlough, then the employee shall be re-examined by the Authority doctor, who may order reinstatement. If the two said doctors do not concur in diagnosis and recommendations, then one shall be examined by a board of three doctors, including the same third doctor who conducted the previous examination if same was required. If the majority thereof certify in writing to Management that said employee is able to resume one's regular duties, one shall be restored without loss of seniority. If the majority thereof certify in writing that said employee is unable to resume one's regular duties, Authority shall notify Union of such findings in writing and an effort shall be made by the Authority to find position with duties that the affected employee can perform. If the employee is unable to perform the duties available, one shall be dropped from service.

Armed Services. Any employee entering the Armed Services who might be drafted under P.L. 759, or entitled to seniority rights under P.O. 759, shall be entitled to pension and seniority rights as provided herein, and upon return may exercise one's seniority to fill any position bid and held by a junior employee during this absence, provided one can qualify and makes application within thirty (30) days. It may be found necessary for employees to submit to an Authority medical examination to insure the safety of the individual, the operator and other employee with whom one is working, and to determine the employee's physical capabilities after a period of disability due to a non-compensable noncompensable cause. When such medical examinations are required by the Authority, it shall assume the cost thereof. An employee failing to meet the physical and mental qualifications for the duties of one's employment shall be forthwith notified of that fact in writing. Within five (5) days after the date one was so informed, said employee shall have the privilege of being examined by a medical doctor of one's own selection at one's cost. After examining the employee, said doctor shall forthwith submit in writing to Authority one's findings and conclusions. If the Authority doctor and the employee's doctor do not concur in the diagnosis and recommendations, and, if the employee in question makes written application for the same within five (5) days after one was informed in writing of the disagreement, the two doctors shall select a third medical doctor for the purpose of sensing as the third party, of a medical board to determine the physical and mental condition of said employee. Authority shall pay for the services of its doctor and the third or neutral doctor. If the conclusion of the two said three doctors is that the employee is not qualified physically and/or mentally for the regular duties of one's employment, this fact shall be certified by them in writing to the Authority; the Authority shall notify Union of such findings in writing; and an effort shall be made by the Authority to find a position with duties that the affected employee can perform within the scope of the doctors' recommendations. If the recommendations of the doctors are such that the affected employee is unable to perform duties available, and if said employee does not qualify for disability benefits under Section 412, then one shall be furloughed. said . If the majority thereof certify in writing that If an employee has been furloughed under this provision and one's disability is removed as the result of subsequent medical treatment, as certified in writing by one's personal doctor, and an application for reinstatement is made within the time equal to the accrued A&H eligibility as per Section 408, but in no case to exceed one (1) year after the date of furlough, then the employee shall be re-examined by the Authority doctor, who may order reinstatement. If the two said doctors do not concur in diagnosis and recommendations, then one shall be examined by a board of three doctors, including the same third doctor who conducted the previous examination if same was required. If the majority thereof certify in writing to Management that said employee is able to resume one's regular duties, one shall be restored without loss of seniority. If the majority thereof certify in writing that said seniority employee is unable to resume one's regular duties, Authority shall notify Union of such findings in writing and an effort shall be made by the Authority to find position with duties that the affected employee can perform. If the employee is unable to perform the duties available, one shall be dropped from service.