Types of Employment 19.1 Employees under this Agreement may be employed in any one of the following employment categories:
(a) full-time employment;
(b) regular part-time employment; or
(c) casual employment.
19.2 At the time of engagement an Employer will inform each Employee of the terms of their engagement, and in particular whether they are to be full-time, regular part-time or casual.
DISCIPLINE OF EMPLOYEES Section 1. Any action or behavior which reflects discredit upon the City or is a direct hindrance to the effective performance of the City's municipal governmental and proprietary functions may be considered good cause for disciplinary action against an employee and such actions or behavior which may be considered good cause for disciplinary action shall include, but not be limited to the following:
A. Habitual use of intoxicating beverages to excess or the use of narcotics.
B. Being adjudged guilty of a felony or a misdemeanor involving moral turpitude or disgraceful conduct.
C. Taking intoxicating beverages, or being intoxicated, while on duty.
D. Engaging in improper political activity as defined in Article IXA, Section 8, of the Charter of the City of Lincoln, Nebraska.
E. Offensive conduct or language toward the public or toward City officers or employees.
F. Lacking either mental or physical competence to perform assigned duties.
G. Damaging or being negligent in the care and handling of City property.
H. Violating any lawful and reasonable regulations or directives made or given by a superior.
I. Inducing or attempting to induce any officer or employee in the City service to commit an illegal act or to act in violation of any lawful and reasonable departmental or official regulation or order, or participating therein.
J. Using or attempting to use personal or political influence or bribery to secure an advantage in an examination or promotion, leave of absence, transfer, change of grade, pay or character of work.
K. Failing to pay just debts due or owing or failing to make reasonable provisions for future payment of such debts, thereby causing annoyance to officials of the City, or embarrassment to the City.
L. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be made grounds for disciplinary action by the Department Head. In the absence of such disciplinary action, any employee who absents himself for three or more continuous days without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the Department Head by a subsequent grant of leave with or without pay where extenuating circumstances are found to have existed.
M. Repeated violations of State laws or City ordinances relating to the operation of a motor vehicle or a bus.
N. The employee has failed to maintain a satisfactory attendance record whereby a pattern of excessive sick leave and unexcused leaves of absence has been established.
O. Intentionally falsifying and/or theft of official records and/or statement/property.
Section 2. The Director of Public Works/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing.
Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor.
Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting.
Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record.
Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record.
Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone.
Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four
HOURS OF EMPLOYMENT A. The on-site work day for employees shall commence twenty-five minutes before the start of the pupils’ instructional day. The length of the workday for full-time employees, including a duty-free lunch break, shall be seven and one half hours per day. Employees may be required to serve additional hours at extra-curricular activities called by the site administrators. On Fridays or on designated minimum days with the exception of Teacher Collaboration or Conference days, employees may leave directly after the students except when required to complete other assigned duties. Employees, at their discretion, may leave school at the end of the student day if their immediate supervisor has required that they return to school to serve at an extra-curricular activity. Staff meetings called by the building principal shall be conducted during contract hours. Excepting state, federal, contractual, or mandated committees, all committee memberships shall be voluntary. Required committees shall be equitably filled by all teaching staff. Required extra-curricular activities shall be equitably distributed/attended by all teaching staff
B. Every full-time teacher shall be entitled to one duty-free, uninterrupted lunch period and two ten-minute relief periods each day. The lunch period shall be for the same duration of time as that provided for pupils of the school. Administrators will make every effort to ensure that the time between each duty free break will not exceed 2 hours. In instances where that is not possible, administrators will work with the teachers impacted to provide restroom relief as needed.
C. All teachers shall have time set-aside for preparation and planning. Teachers in grades TK-5 shall be entitled to at least a thirty minute daily prep period. Teachers in grades 6-8 and 9-12 shall be entitled to preparation periods equal to one class period as long as all grades are located on the same campus/site and have the same instructional minutes. If the sixth grade is returned to an elementary configuration (example 4-5-6), teachers shall be entitled to the same preparation period offered teachers in grades 4 and 5. Scheduling of preparation time shall be the responsibility of the site administrator. Preparation periods shall be duty free. Employees will not be requested by site administrators or by other staff to "cover" other classes during their preparation period. Employees may volunteer to cover classes during prep periods for teachers who need to be absent for a portion of the day to fulfill extra-duty assignments.
D. Hours of employment for part-time employees shall be assigned by the Superintendent.
E. Reasonable release time shall be provided for Association representatives to meet and negotiate and to process grievances. When Association representatives perform these duties outside of the 185 contracted work days, those representatives of the Association will be granted one compensatory day for each day in which business between the Association and the District is conducted, for a maximum of six KUTA members. Compensatory days must be taken by June 30 of the school year in which they are granted. Unused compensatory days will be forfeited after June 30 of each year.
F. The dismissal time and number of minimum days will be fairly applied at all sites within the District. The number of minimum days will be not less than 9 days, and shall include the days listed in Article V, Paragraph B as part of the nine minimum days.
G. The hours of employment for teachers shall include the following minimum number of instructional minutes which shall be offered to the students and shall continue to comply with the longer day, longer year provisions of California Education Code §46201:
Employees' Compensation The Consultant shall be solely responsible for the following:
Terms of Employment This Section 2 sets forth the terms and conditions on which the Company agrees to employ Executive during the period (the "Protected Period") beginning on the first day during the Term of this Agreement on which a Change of Control occurs and ending on the second anniversary of that date, or such earlier date as Executive's employment terminates as contemplated by Section 3.
Employees Not to Benefit Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation shall not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advance written approval of the Executive Director of the Texas Department of Transportation.
Scope of Employment (a) During the Employment, Executive will serve as President and Chief Executive Officer of the Company. In that connection, Executive will (i) devote his full-time attention and energies to the business of the Company and will diligently and to the best of his ability perform all duties incident to his employment hereunder; (ii) use his best efforts to promote the interests and goodwill of the Company; and (iii) perform such other duties commensurate with his office as the Board of Directors of the Company may from time-to-time assign to him.
(b) Section 2(a) shall not be construed as preventing Executive from (i) serving on corporate, civic or charitable boards or committees, or (ii) making investments in other businesses or enterprises; provided that in no event shall any such service, business activity or investment require the provision of substantial services by Executive to the operations or the affairs of such businesses or enterprises such that the provision thereof would interfere in any respect with the performance of Executive's duties hereunder; and subject to Section 6.
Employees and Benefits (a) For a period beginning on the Closing Date and continuing until December 31, 2013 except as provided in Section 5.8(a) of the Seller Disclosure Letter, Parent shall, or shall cause the Surviving Corporation and the Subsidiaries to, provide all persons who are employed by the Company and the Subsidiaries (including ISG) as of the Closing Date (including those on temporary layoffs or approved leaves of absence) (“Continuing Employees”), with the salary, annual bonus opportunity and employee benefits that are substantially comparable to, in the aggregate, the salary, annual bonus opportunity and employee benefits being provided to each such Continuing Employee immediately before the Closing Date; provided, however, that nothing herein shall be deemed to preclude the Surviving Corporation and the Subsidiaries from amending or terminating any plan, program or arrangement, transitioning Continuing Employees to any employee benefit plan, program or arrangement of Parent, or terminating the employment of any Continuing Employee, and; provided, further, that nothing herein shall be deemed to amend any Benefit Plan. Parent shall, or shall cause the Surviving Corporation to, assume (or, by virtue of the Merger, be deemed to have assumed) all liabilities and obligations of the Company with respect to any employment agreements in accordance with their terms, other than any employment agreement that terminates in connection with the Merger pursuant to the terms of any new employment arrangement or offer letter entered into between Parent and a Continuing Employee.
(b) In any termination or layoff of any Continuing Employee by Parent or the Surviving Corporation after the Closing, Parent and the Surviving Corporation will comply fully, if applicable, with the WARN Act and all other applicable foreign, federal, state and local Laws, including those prohibiting discrimination and requiring notice to employees. From the date of this Agreement until the earlier of the Closing Date or the date this Agreement is terminated, at the request of Parent, which shall not occur more frequently than on a bi-weekly basis, the Company shall provide to Parent within seven (7) calendar days of Parent’s request a written schedule that reflects (i) the number of employees of the Company who have experienced during such period an “employment loss” (as defined in the WARN Act) and (ii) the title, position and employment of each such employee of the Company. Parent shall use its best efforts not, and shall cause the Surviving Corporation and the Subsidiaries (including ISG) to use their respective best efforts not, at any time prior to sixty (60) calendar days after the Closing Date, to effectuate a “plant closing” or “mass layoff,” as those terms are defined in the WARN Act, affecting in whole or in part any facility, site of employment, operating unit or employee of the Surviving Corporation or the Subsidiaries (including ISG) without complying fully with the requirements of the WARN Act. Parent and Surviving Corporation will bear the cost of compliance with (or failure to comply with) any such Laws.
(c) For periods on and after the Closing Date, the Surviving Corporation and the Subsidiaries shall continue to have all obligations and liabilities under and with respect to the Benefit Plans and to or with respect to all persons entitled to benefits under the provisions of each such Benefit Plan in accordance with their terms.
(d) This Section 5.8 shall be binding upon and inure solely to the benefit of each of the parties to this Agreement, and nothing in this Section 5.8, express or implied, is intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of this Section 5.8. Without limiting the foregoing, no provision of this Section 5.8 shall create any third party beneficiary rights in any current or former employee, director or consultant of the Company or any of the Subsidiaries in respect of continued employment (or resumed employment) or any other matter.
Employees; Benefits Employer agrees that any and all benefits that were provided to the Employee shall continue until _________________, 20____. In addition, the Employer shall assist the Employee in the transfer, change, or termination to any employment benefits, including, but not limited to, health insurance plans, dental insurance plans, vision insurance plans, life insurance plans, disability insurance, childcare benefits, wellness programs, retirement plans, government assistance programs, and/or any other program or benefit that was readily accessible and being used by the Employee.
End of Employment If the employment of an employee who is eligible for the bonus ends before annual payment of the bonus, then 1/12 of the sum that was last paid to the employee in seniority bonus shall be paid to the employee at the time of the final wage payment for each month for which the employee has earned annual holiday as of the start of the preceding December.