Filling a Revised Classification When Encumbered Sample Clauses

Filling a Revised Classification When Encumbered. An incumbent Employee shall be appointed to a new classification with a higher rate of pay when there is no change in duties or responsibilities and the reclassification was approved to correct an error. An incumbent Employee shall be appointed to a new classification with a higher rate of pay when there was a change in duties and/or responsibilities provided the Employee is qualified and has the ability to perform the required duties of the reclassified position, subject to challenge from Employees with more seniority from the same original classification and workplace. In this instance the reclassified position shall be posted within that workplace and an applicant with more seniority from the same original classification, to successfully challenge, must show to the satisfaction of the Employer and the Union that the change in duties and/or responsibilities resulting in the reclassification should have been assigned to her/him rather than the incumbent. If the incumbent Employee is not qualified and/or does not have the ability to perform the required duties of the reclassified position, the incumbent Employee shall, subject to challenge as per above, be allowed to continue in the reclassified position for a reasonable time period, taking into consideration the type and length of training required, as agreed to by the parties. If, within the established time period, the incumbent Employee does not acquire the ability to perform the required duties of the reclassified position, the incumbent Employee shall be required to vacate the reclassified position and shall be given notice of layoff with eligibility to exercise options in accordance with Article 25.05 - Issuance of Notice, Discussion of Options and Time to Select Option.
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Related to Filling a Revised Classification When Encumbered

  • New Classification When a new classification (which is covered by the terms of this agreement) is established by the Home, the Home shall determine the rate of pay for such new classification and notify the Local Union of the same within seven (7) days. If the Local Union challenges the rate, it shall have the right to request a meeting with the Home to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Home of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Home. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification. When the Home makes a substantial change during the term of the Agreement in the job content of an existing classification which in reality causes such classification to become a new classification, the Home agrees to meet with the Union if requested to permit the Union to make representation with respect to the appropriate rate of pay. If the matter is not resolved following the meeting with the Union the matter may be referred to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications. The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Home.

  • Classification Plan (a) The Employer and the Union recognize the need to maintain the principles of Pay Equity to evaluate jobs in the Public Service bargaining unit. The parties also agree to apply the Public Service Job Evaluation Plan in accordance with those principles to all bargaining unit positions using the gender neutral plan factors and degrees in the Public Service Job Evaluation Plan. The Public Service Job Evaluation Plan will be used to evaluate positions in the Main Agreement and to determine their appropriate factor ratings.

  • Classification Review (a) An Employee who has reason to believe that they are improperly classified due to a substantial change in job duties, may apply to the Department Director, or designate, to have the Employee’s classification reviewed. The Director, or designate, will review the Employee’s application and advise the Employee of the Employer’s decision.

  • Procedures for Providing NP Through Full NXX Code Migration Where a Party has activated an entire NXX for a single Customer, or activated at least eighty percent (80%) of an NXX for a single Customer, with the remaining numbers in that NXX either reserved for future use by that Customer or otherwise unused, if such Customer chooses to receive Telephone Exchange Service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX reassigned in the LERG (and associated industry databases, routing tables, etc.) to an End Office operated by the second Party. Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead times for movements of NXXs from one switch to another. Neither Party shall charge the other in connection with this coordinated transfer.

  • Client Classification 7.1. We shall not have an obligation to treat our clients in different classes depending on their knowledge and expertise.

  • Tax Classification The Series shall elect to be treated as an association taxable as a corporation under Treasury Regulations Section 301.7701-3 with effect for each taxable period of its existence. The Series and each Member shall file all tax returns and shall otherwise take all tax and financial reporting positions in a manner consistent with such treatment. No election will be filed with the Internal Revenue Service (or the tax authorities of any State) to have the Series taxable other than as an association taxable as a corporation for income tax purposes.

  • Classification Appeal Procedure An employee shall have the right to appeal, through the Union, the classification of the position the employee occupies, or where a point rating plan has been used, the right to appeal the position's level. Classification matters are not grievable under Article 8 of this Agreement. Instead, the following procedures shall be followed.

  • New Classifications If a new classification is created within the bargaining unit, the Employer agrees to meet with the Union and negotiate a rate of pay for this new classification. If the parties cannot reach agreement, at the request of either party, the matter shall be submitted to the arbitration procedure in Article 26 of this Agreement.

  • Repair and classification Each Borrower shall keep the Ship owned by it in a good and safe condition and state of repair:

  • Loop Provisioning Involving Integrated Digital Loop Carriers 2.6.1 Where EveryCall has requested an Unbundled Loop and BellSouth uses Integrated Digital Loop Carrier (IDLC) systems to provide the local service to the end user and BellSouth has a suitable alternate facility available, BellSouth will make such alternative facilities available to EveryCall. If a suitable alternative facility is not available, then to the extent it is technically feasible, BellSouth will implement one of the following alternative arrangements for EveryCall (e.g. hairpinning):

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