Filling of Vacancies In the case of any increase in the number of Managers, or of any vacancy in the Board of Managers, the additional Manager shall be appointed by the Beneficial Owner.
Vacancy For purposes of this Article, a vacancy occurs when:
Filling Vacancies In the filling of vacancies, new positions, transfers or promotions, appointments shall be made to the employee with the required qualifications, and level of competency and efficiency as required by the position specifications, and where such requirements are equal, seniority shall be the determining factor.
Filling of Positions All eligible employees under Section 3 who have made a timely interest bid, and meet the minimum qualifications, shall be given consideration and may be appointed to the opening prior to the consideration of other non-interest bidding applicants and prior to filling the vacancy through other means. The Appointing Authority shall not be arbitrary, capricious, or discriminatory and must have a legitimate business reason to reject all of the interest bidders. Seniority of the interest bidders shall not be a factor in appointing employees from among the interest bidders. All interest bidders shall be notified orally or in writing, which may include electronic mailing, as to the status (either under consideration, acceptance, or rejection) of their interest bid in a timely manner. If the vacancy is not filled by an employee under this Section, then it shall be filled in the following order:
Appointment from a Layoff List 1. Employees who are appointed from a layoff list to a position with the same salary range from which they were laid off will be paid the amount for which they were compensated when laid off plus any across the board adjustments, including salary survey adjustments, which occurred during the time they were laid off.
Method of Making Appointments In making staff changes, transfers or promotions, appointment shall be made of the applicant with the required knowledge, ability and skills, and where two (2) or more applicants are equally capable of fulfilling the duties of the position, seniority of years of service with the employer shall be the determining factor. The employees shall retain the right of appeal under the grievance procedure contained in this Agreement.
Regular Appointment The authorized appointment of an individual to a position covered by Civil Service.
Vacancies Whenever a vacancy in the Board of Trustees shall occur, the remaining Trustees may fill such vacancy by appointing an individual having the qualifications described in this Article by a written instrument signed by a majority of the Trustees then in office or may leave such vacancy unfilled or may reduce the number of Trustees; provided the aggregate number of Trustees after such reduction shall not be less than the minimum number required by Section 2.1 hereof; provided, further, that if the Shareholders of any class or series of Shares are entitled separately to elect one or more Trustees, a majority of the remaining Trustees or the sole remaining Trustee elected by that class or series may fill any vacancy among the number of Trustees elected by that class or series. Any vacancy created by an increase in Trustees may be filled by the appointment of an individual having the qualifications described in this Article made by a written instrument signed by a majority of the Trustees then in office. No vacancy shall operate to annul this Declaration or to revoke any existing agency created pursuant to the terms of this Declaration. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided herein, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration.
Felling of trees The Authority shall assist the Concessionaire in obtaining the Applicable Permits for felling of trees to be identified by the Authority for this purpose if and only if such trees cause a material adverse effect on the construction, operation or maintenance of the Bus Terminal. The cost of such felling shall be borne by the Authority, and in the event of any delay in felling thereof for reasons beyond the control of the Concessionaire, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate.
Application for Vacancies All employees under this Agreement, including those on layoff status, may submit application in writing for any vacancy which is posted pursuant to this Article.
