DEFINITION AND APPLICATION. Redundancy means a situation where an employee’s employment is terminated by the employer, the termination being attributable, wholly or mainly, to the fact that the position filled by the employee is, or will become superfluous to the needs of the employer. An employee will be ineligible to receive redundancy compensation if:
(a) they are employed on a temporary basis (including casual and relief staff)
(b) they are offered a position of employment within the Education Service which is similar or equivalent to their existing position and has the same or no less favourable conditions of employment.
DEFINITION AND APPLICATION. (a) In this subchapter, ‘‘appropriations’’ means—
(1) appropriated amounts;
(2) funds; and
(3) authority to make obligations by con- tract before appropriations.
(b) This subchapter does not apply to—
(1) amounts (except amounts for administra- tive expenses) available—
(A) for price support and surplus removal of agricultural commodities; and
(B) under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c);
(2) a corporation getting amounts to make loans (except paid in capital amounts) without legal liability on the part of the United States Government; and
(3) the Senate, the House of Representatives, a committee of Congress, a member, officer, employee, or office of either House of Con- xxxxx, or the Office of the Architect of the Cap- itol or an officer or employee of that Office. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 928.) 1511(a) ..... 31:665(c)(1)(last sen- R.S. § 3679(c)(1)(last sentence), tence), (d)(2)(5th (d)(2)(5th sentence, 6th sen- sentence). tence less 1st–22d words, last sentence related to price supports), (f)(2); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; re- stated Sept. 6, 1950, ch. 896, 1511(b)(1) 31:665(d)(2)(6th sen- § 1211, 64 Stat. 765, 766, 767. tence less 1st–22d words). 1511(b)(2) 31:665(d)(2)(last sen- tence related to price supports). 1511(b)(3) 31:665(f)(2). In subsection (a)(1), the words ‘‘appropriated amounts’’ are substituted for ‘‘appropriations’’ for clar- ity. In clause (3), the word ‘‘make’’ is substituted for ‘‘create’’ as being more precise. The text of 31:665(d)(2)(5th sentence) is omitted as unnecessary be- cause of section 102 of the revised title. In subsection (b), the word ‘‘amounts’’ is substituted for ‘‘funds’’ for consistency in the revised title. In clause (1)(B), the words ‘‘(7 U.S.C. 612c)’’ are sub- stituted for ‘‘section 612(c) of title 7’’ to correct an error in section 3679(d)(2)(6th sentence) of the Revised Statutes. Clause (2) is substituted for the source provi- sions for consistency in the revised title.
DEFINITION AND APPLICATION. For the purposes of this Article XII the term "national emergency" is defined as an emergency situation resulting from an attack upon the United States, a nuclear disaster within the United States, a catastrophe, or other emergency condition, as a result of which attack, disaster, catastrophe or emergency condition a quorum of the Board of Directors cannot readily be convened for action. Persons not directors of the Corporation may conclusively rely upon a determination by the Board of Directors of the Corporation, at a meeting held or purporting to be held pursuant to this Article XII that a national emergency as hereinabove defined exists regardless of the correctness of such determination made or purporting to be made as hereinafter provided. During the existence of a national emergency the provisions of this Article XII shall become operative, but, to the extent not inconsistent with such provisions, the other provisions of these by-laws shall remain in effect during any national emergency and upon its termination the provisions of this Article XII shall cease to be operative.
DEFINITION AND APPLICATION. 1. Grievances subject to the procedures set forth hereinafter are hereby defined as any dispute or controversy between the District and/or its representatives concerning the interpretation, application, or enforcement of the provisions of this agreement, including this article, or the rules, regulations, or orders of the District or those of the State Board of Education, or any other dispute concerning the terms of employment or allegation of bias or vindictive action against the personnel. A grievance may be filed by one or more of the personnel having the same dispute or controversy, or may be filed by CASA itself, except that in no case may CASA represent both the grievant and the person against whom the grievance is brought.
2. Any personnel shall have the right to process grievances individually and without CASA representation for said purpose and shall have the right to be represented by a person of his own choosing for said purpose, but at his own expense. The District agrees that it will not recognize or effectuate representation of the personnel by any employees’ organization other than CASA.
3. In case of any grievance involving any personnel, CASA shall have the right to intervene as a party in the processing or hearing of that grievance upon the request of the grievant and to appeal from any disposition of said grievance that it deems contrary to this agreement. Regardless of CASA participation in the processing or hearing of any grievance, the District or its representatives at each step of the grievance procedure shall supply CASA with copies of all non-confidential correspondence and written decision of said grievance, upon written request.
4. Nothing herein above shall be construed to require CASA to process any grievance or to appeal from the disposition of any grievance where CASA deems the grievance or appeal to be without sufficient merit or where the processing of the grievance is contrary to the position of CASA as to the implementation or enforcement of this agreement on behalf of the other personnel in the unit.
DEFINITION AND APPLICATION. Seniority shall be based upon length of service from date of hire. Date of hire shall include previous, consecutive experience in the rail crew transportation industry. Drivers shall verify they worked in that yard or road board with the most recent vendor that had the railroad contract. All other previous and not consecutive seniority shall not be counted, this includes a break in service, two or more vendors having the contract at that location prior to Hallcon having the contract with the railroad. Drivers shall provide written verification of their unbroken service in that location within 30 days of their being hired in order for their seniority to be carried forward.
DEFINITION AND APPLICATION. A. Seniority shall be defined as an Officer's continuous length of service from the date of last hire as a police officer, subject to subsection B below. The seniority of an Officer retained beyond the eighteen (18) month probationary period shall date back to the last date of hire as a police Officer and be subject to the deductions provided in subsection B. In the event two or more Officers have the same seniority date, the older Officer, as determined by referring to the Officers' date of birth as recorded on their employment application, shall receive the higher seniority status. There shall be only one seniority for Officers covered by this Agreement and that seniority shall control for the purpose of determining rights, benefits, and other conditions of employment affected by seniority under this Agreement.
B. All absence from the Department's service without pay as a result of leaves for more than thirty
DEFINITION AND APPLICATION. A. Seniority shall be defined as a Captain’s continuous length of service in rank subject to Section 23.1(B). In the event two (2) or more Captains have the same seniority date, the Captain with the longest period of continuous service, as determined by referring to the Captains’ continuous service dates, shall receive the higher seniority status. In the event two (2) or more Captains have the same seniority and continuous service dates, the older Captain, as determined by referring to the Captains’ dates of birth as recorded on their employment applications, shall receive the higher seniority status.
B. Advancement within the salary and quarterly differential schedule shall be determined by the Captain’s continuous service date. The continuous service date shall be the date of last hire as a sworn member subject to the following:
1. For a Captain who has resigned and who has been re-hired, the continuous service date shall be determined by the continuous length of service from the date of last hire as a sworn member without consideration of the Captain’s prior service, unless an application for re-employment was received within one (1) year of the Captain’s resignation date, in which case the continuous service date will be adjusted to reflect the time the Captain was absent from the Department.
2. For Captains taking a leave of absence, only the days absent in excess of thirty (30) days’ leave from the Employer’s service without pay (other than military, duty disability, Family and Medical Leave Act leave or suspension) shall be deducted in computing the continuous service date.
C. The seniority of a Captain and the employment relationship shall be terminated in the following circumstances:
1. Resignation;
2. Separation (discharge);
DEFINITION AND APPLICATION. F10.01 For the purposes of this Article, "classification" means the level allocated, in accordance with the Employer's classification plan, to a particular position or group of positions for the purpose of determining rates of pay.
DEFINITION AND APPLICATION. 1. The term “seniority” as used herein shall include the following factors:
a. Length of company seniority service
b. Knowledge, skill, and efficiency on the job
c. Physical fitness Length of seniority service shall govern where employees have substantially equal knowledge, skill, training, experience, efficiency, and physical fitness. The final Management determination with respect to physical fitness shall be made by the Plant Physician.
DEFINITION AND APPLICATION. The defined contents of the Convertible Bonds Subscription Agreement shall have the same meanings as the Agreement, unless defined otherwise in this Agreement.
