Discharge Hearing Sample Clauses

Discharge Hearing. Such hearing shall be held before an official of the Company who shall be designated by it for the purpose, and at such hearing such Employee may be represented by one or more members of the Grievance Committee and shall be given a reasonable opportunity to present evidence on his behalf.
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Discharge Hearing. In the event an employee is recommended for discharge by the Director of Maintenance and Crafts and, a grievance alleging that the Employer does not have just and good cause for such discharge must be filed in writing with the Director of Maintenance and Crafts within forty- eight (48) hours, in which case a hearing before the Superintendent or his designee shall be held within seven (7) days.
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Discharge Hearing. At any such hearing, the facts concerning the case shall be made available to both parties. After such hearing, the Company may conclude whether the discharge shall become final or, dependent upon the facts of the case, that such discharge shall be converted to a suspension or revoked. If the discharge is revoked by the Company, the Company shall reinstate and compensate the Employee affected on the basis of an equitable lump sum payment mutually agreed to by the parties, or, in the absence of agreement, make him whole in the manner set forth in Section 3 below, unless it is agreed by the parties hereto that such Employee shall be disciplined without pay as a condition of such revocation. If the discharge of the Employee is affirmed, the Employee may within five (5) calendar days after such disposition, file a grievance at Step 3 of the procedure for adjustments of grievances set forth in Article 9 hereof. If any such Employee shall not file a grievance within such five (5) day period, his discharge shall become final. The Step 3 decision on all discharge cases shall be made by the Company within five (5) working days from the date of filing of the grievance, if any. Should such decision ultimately proceed through Step 4 and be appealed to arbitration, such arbitrator shall have specific authority to make the discharge final; or in the event of reinstatement of the Employee, he may make him whole for the period of his suspension or discharge, which shall include providing him such earnings, or offset such earnings or other benefits as he may have received other than from the Company, or may reinstate him without compensation for lost time, as the arbitrator may determine from the facts presented. The arbitrator may, where circumstances warrant, modify or eliminate the offset of such earnings or from other amounts.
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Discharge Hearing. 13.1 Any dispute with respect to the discharge of a noncompetitive or labor class civil service employee who has achieved permanent status and who is not eligible for a hearing pursuant to Section 75 of the Civil Service Law may be processed in accordance with the procedures contained herein.
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Discharge Hearing. Where the Fire requires a hearing under subsection the discharge shall not take effect before the hearing is disposed of.
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Discharge Hearing. At any such hearing, the facts concerning the case shall be made available to both parties. After such hearing, the Company may conclude whether the discharge shall become final or, dependent upon the facts of the case, that such discharge shall be converted to a suspension or revoked. The Company agrees that consideration shall be given to the Employee and the Employee’s total work performance If the discharge is revoked by the Company, the Company shall reinstate and compensate the Employee affected on the basis of an equitable lump sum payment mutually agreed to by the parties, or, in the absence of agreement, make him whole in the manner set forth in Section 3 below, unless it is agreed by the parties hereto that such Employee shall be disciplined without pay as a condition of such revocation. If the discharge of the Employee is affirmed, the Employee may within five (5) calendar days after such disposition, file a grievance at Step 3 of the procedure for adjustments of grievances set forth in Article 9 hereof. If any such Employee shall not file a grievance within such five
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Discharge Hearing. Any dispute with respect to the discharge of a noncompetitive or labor class civil service employee who has achieved permanent status and who is not eligible for a hearing pursuant to Section 75 of the Civil Service Law may be processed in accordance with the procedures contained herein. Before the Superintendent makes a recommendation to discharge to the Board of Education the affected employee will be provided with an opportunity to have a hearing before the Superintendent. The Superintendent will notify the employee in writing that he is considering terminating his or her services. The employee must request a hearing before the Superintendent within five (5) business days of receipt of the notice from the Superintendent. The employee may be represented at the hearing by a person or persons of his/her choice. The Superintendent will render a decision within fifteen (15) business days after the close of the hearing.
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Discharge Hearing. 6.01 When there is a grievance alleging improper discharge or suspension of a seniority employee, the employee’s grievance shall be presented in writing within two (2) working days. The Company will arrange a meeting at Step 3 within two (2) working days after receiving the grievance. The grievor may attend the meeting if the grievor requests to do so.
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Discharge Hearing. Any dispute with respect to the discharge of a noncompetitive or labor class civil service employee who has achieved permanent status and who is not eligible for a hearing pursuant to Section 75 of the Civil Service Law may be processed in accordance with the procedures contained herein. Before the Superintendent makes a recommendation to discharge to the Board of Education the affected employee will be provided with an opportunity to have a hearing before the Superintendent. The Superintendent will notify the employee in writing that he is considering terminating his or her services. The employee must request a hearing before the Superintendent within five (5) business days of receipt of the notice from the Superintendent. The employee may be represented at the hearing by a person or persons of his/her choice. The Superintendent will render a decision within fifteen (15) business days after the close of the hearing. The District reserves the right to suspend an employee with or without pay pending a final decision of the Board of Education. The provisions of this article shall not be subject in any way to the Grievance Procedure.
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Related to Discharge Hearing

  • Waiver, Discharge, etc This Agreement shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing executed by or on behalf of each of the parties hereto by their duly authorized officer or representative. The failure of any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of any party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

  • Discharge; Reinstatement Each Guarantor’s obligations hereunder will remain in full force and effect until the principal of, premium, if any, and interest on the Notes and all other amounts payable by the Company under this Indenture have been paid in full. If at any time any payment of the principal of, premium, if any, or interest on any Note or any other amount payable by the Company under this Indenture is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Company or otherwise, each Guarantor’s obligations hereunder with respect to such payment will be reinstated as though such payment had been due but not made at such time.

  • Discharge of Liens The Owner Trustee will promptly take, at its own expense, action necessary to discharge a Lien (other than the Lien of the Indenture) on the Trust Property resulting from actions by, or claims against, the Owner Trustee in its individual capacity that are not related to the ownership or the administration of the Trust Property.

  • Discharge of Liabilities Liabilities of the Partnership include amounts owed to Partners otherwise than in respect of their distribution rights under Article VI. With respect to any liability that is contingent, conditional or unmatured or is otherwise not yet due and payable, the Liquidator shall either settle such claim for such amount as it thinks appropriate or establish a reserve of cash or other assets to provide for its payment. When paid, any unused portion of the reserve shall be distributed as additional liquidation proceeds.

  • Discharge of Escrow Agent The Escrow Agent shall resign and be discharged from its duties as escrow agent hereunder if so requested in writing at any time by the other parties hereto, jointly, provided, however, that such resignation shall become effective only upon acceptance of appointment by a successor escrow agent as provided in Section 5.5.

  • Enforcement Action The Official Agency will ensure that enforcement action taken is in accordance with Articles 137 and 138 of Regulation (EU) 2017/625. The Official Agency shall ensure the effective and appropriate use of enforcement powers under national food legislation while having due regard for: • the use of available enforcement orders under the Act • food law enforcement policy published by the Authority and • any enforcement guidance agreed between the Authority and the Official Agency. When an enforcement notice is to be served by the Official Agency the content of the notice shall be agreed with the Authority as a matter of urgency, prior to it being served. Draft notices shall be submitted to xxxxxxxxxxxx@xxxx.xx for agreement.

  • Discharge of Obligations If at any time all such Securities of a particular series not heretofore delivered to the Trustee for cancellation or that have not become due and payable as described in Section 11.01 shall have been paid by the Company by depositing irrevocably with the Trustee as trust funds moneys or an amount of Governmental Obligations sufficient to pay at maturity or upon redemption all such Securities of that series not theretofore delivered to the Trustee for cancellation, including principal (and premium, if any) and interest due or to become due to such date of maturity or date fixed for redemption, as the case may be, and if the Company shall also pay or cause to be paid all other sums payable hereunder by the Company with respect to such series, then after the date such moneys or Governmental Obligations, as the case may be, are deposited with the Trustee the obligations of the Company under this Indenture with respect to such series shall cease to be of further effect except for the provisions of Sections 2.03, 2.05, 2.07, 4,01, 4.02, 4,03, 7.06, 7.10 and 11.05 hereof that shall survive until such Securities shall mature and be paid. Thereafter, Sections 7.06 and 11.05 shall survive.

  • AIR DISCHARGES 6.1 Do you have any air filtration systems or stacks that discharge into the air? Yes ( ) No ( )

  • No Discharge; Survival of Claims Each of the Borrower and the Guarantors agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrower and the Guarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Agent and the Lenders pursuant to the Orders and described in Section 2.23 and the Liens granted to the Agent pursuant to the Orders and described in Sections 2.23 and 2.25 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan.

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