First Positive Sample Clauses

First Positive. Except in extreme situations, in the first instance that an employee tests positive on the confirmatory test, and where there are no other Town or Department rule violations, the employee may be subject to a suspension not to exceed five (5) work days. The foregoing limit on suspension is conditioned upon the employee agreeing to:
First Positive. By agreement of the parties, positive test results are viewed as serious violations of departmental rules and will be punished by suspension or discharge. Reprimand punishment is explicitly not available in these cases; in addition, the general principle of progressive discipline is not applicable. However, the very first time that an employee tests positive during the employee’s tenure with the City, and only if there are no other accompanying violations of law, City Rules, or Departmental Rules and Regulations, the employee shall not be discharged but shall be suspended. In the event an employee is suspended rather than being discharged, the suspension shall be conditioned on the employee agreeing to and complying with all of the following conditions and such other conditions as are reasonably related to compliance or rehabilitation:
First Positive. An employee who tests positive for substance abuse a first time and who enters any required or recommended EAP within 30 days will make the employee eligible for immediate reinstatement provided (1) the Contractor has work available, (2) the employee continues in any EAP or recommended aftercare program and (3) the employee takes and passes a drug screen test at personal cost through the TPA. The employee will be reinstated on Active Status as long as the employee complies with the terms of the treatment program. An employee, who has tested positive and successfully completed counseling, rehabilitation or other treatment under this Program, will be subject to unannounced drug testing (in addition to testing set forth above) for a period of one year as a condition of being on Active Status. In the event an employee refuses to enter or enters but fails to adhere to a required aftercare program he/she will be placed on Inactive Status and may be subject to discharge. Employees, who are not eligible for EAP assistance through the applicable Health Fund, will pay for the costs, if any, of rehabilitation testing. Any employee determined to have been involved in switching, adulterating, tampering with, or attempting to switch, adulterate or tamper with a specimen for testing, or otherwise interfering with the specimen collection and or testing process will be treated the same as if the employee had a positive test result. An employee who has three (3) diluted test results in connection with one (1) random selection will be treated as if the employee had a positive test result under this paragraph unless the diluted test results are the product of legitimate medical reasons as verified by a medical doctor. An employee who provides three consecutive diluted tests shall be placed on inactive status. An employee placed on inactive status due to providing a third diluted test only need provide a negative test to achieve reinstatement and need not attend an EAP. The cost of testing to achieve reinstatement pursuant to a third diluted test shall be borne by the employee. An employee who provides a diluted test must submit to re-testing as soon as possible, but at a maximum within 24 hours of the Contractor’s receipt of notice of the diluted test.
First Positive. The first confirmed positive test result may be cause for discharge.

Related to First Positive

  • Tax Periods Beginning Before and Ending After the Closing Date The Company or the Purchaser shall prepare or cause to be prepared and file or cause to be filed any Returns of the Company for Tax periods that begin before the Closing Date and end after the Closing Date. To the extent such Taxes are not fully reserved for in the Company’s financial statements, the Sellers shall pay to the Company an amount equal to the unreserved portion of such Taxes that relates to the portion of the Tax period ending on the Closing Date. Such payment, if any, shall be paid by the Sellers within fifteen (15) days after receipt of written notice from the Company or the Purchaser that such Taxes were paid by the Company or the Purchaser for a period beginning prior to the Closing Date. For purposes of this Section, in the case of any Taxes that are imposed on a periodic basis and are payable for a Taxable period that includes (but does not end on) the Closing Date, the portion of such Tax that relates to the portion of such Tax period ending on the Closing Date shall (i) in the case of any Taxes other than Taxes based upon or related to income or receipts, be deemed to be the amount of such Tax for the entire Tax period multiplied by a fraction the numerator of which is the number of days in the Tax period ending on the Closing Date and the denominator of which is the number of days in the entire Tax period (the “Pro Rata Amount”), and (ii) in the case of any Tax based upon or related to income or receipts, be deemed equal to the amount that would be payable if the relevant Tax period ended on the Closing Date. The Sellers shall pay to the Company with the payment of any taxes due hereunder, the Sellers’ Pro Rata Amount of the costs and expenses incurred by the Purchaser or the Company in the preparation and filing of the Tax Returns. Any net operating losses or credits relating to a Tax period that begins before and ends after the Closing Date shall be taken into account as though the relevant Tax period ended on the Closing Date. All determinations necessary to give effect to the foregoing allocations shall be made in a reasonable manner as agreed to by the parties.

  • Tax Periods Ending on or Before the Closing Date Sellers shall prepare or cause to be prepared and file or cause to be filed (and pay all applicable taxes thereon) all Tax Returns for the Company for all periods ending on or prior to the Closing Date or for which the date of measurement for such Tax occurs on or prior to the Closing Date which are filed after the Closing Date and shall cause all income of the Company (including, without limitation, deferred items triggered into income under Treasury Regulation Section 1.1502-13 and any excess loss account taken into income under Treasury Regulation Section 1.1502-19) to be included in the consolidated income Tax Return of the Affiliated Group of which the Company is a member and any state, local or foreign unitary, combined or consolidated Tax Return. All such Tax Returns shall be prepared in accordance with past practice insofar as they relate to the Company. Sellers shall deliver copies of such filed Tax Returns to Buyer promptly after filing thereof. Sellers shall reimburse Buyer for any Taxes of the Company with respect to such periods at least ten (10) days prior to any payment by Buyer or the Company of such Taxes to the extent such Taxes are not accrued and used to reduce the Purchase Price.

  • Best After-Tax Result In the event that any payment or benefit received or to be received by Executive pursuant to this Agreement or otherwise (“Payments”) would (i) constitute a “parachute payment” within the meaning of Section 280G of the Code and (ii) but for this subsection (a), be subject to the excise tax imposed by Section 4999 of the Code, any successor provisions, or any comparable federal, state, local or foreign excise tax (“Excise Tax”), then, subject to the provisions of Section 10, such Payments shall be either (A) provided in full pursuant to the terms of this Agreement or any other applicable agreement, or (B) provided as to such lesser extent which would result in the Payments being $1.00 less than the amount at which any portion of the Payments would be subject to the Excise Tax (“Reduced Amount”), whichever of the foregoing amounts, taking into account the applicable federal, state, local and foreign income, employment and other taxes and the Excise Tax (including, without limitation, any interest or penalties on such taxes), results in the receipt by Executive, on an after-tax basis, of the greatest amount of payments and benefits provided for hereunder or otherwise, notwithstanding that all or some portion of such Payments may be subject to the Excise Tax. Unless the Company and Executive otherwise agree in writing, any determination required under this Section shall be made by independent tax counsel designated by the Company and reasonably acceptable to Executive (“Independent Tax Counsel”), whose determination shall be conclusive and binding upon Executive and the Company for all purposes. For purposes of making the calculations required under this Section, Independent Tax Counsel may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code; provided that Independent Tax Counsel shall assume that Executive pays all taxes at the highest marginal rate. The Company and Executive shall furnish to Independent Tax Counsel such information and documents as Independent Tax Counsel may reasonably request in order to make a determination under this Section. The Company shall bear all costs that Independent Tax Counsel may reasonably incur in connection with any calculations contemplated by this Section. In the event that Section 9(a)(ii)(B) above applies, then based on the information provided to Executive and the Company by Independent Tax Counsel, Executive may, in Executive’s sole discretion and within thirty (30) days of the date on which Executive is provided with the information prepared by Independent Tax Counsel, determine which and how much of the Payments (including the accelerated vesting of equity compensation awards) to be otherwise received by Executive shall be eliminated or reduced (as long as after such determination the value (as calculated by Independent Tax Counsel in accordance with the provisions of Sections 280G and 4999 of the Code) of the amounts payable or distributable to Executive equals the Reduced Amount). If the Internal Revenue Service (the “IRS”) determines that any Payment is subject to the Excise Tax, then Section 9(b) hereof shall apply, and the enforcement of Section 9(b) shall be the exclusive remedy to the Company.

  • Step No 1 The employee, with the assistance of a Union Xxxxxxx, if desired, must submit a written grievance, signed and dated by the employee, to the Unit or Department Manager. The nature of the grievance, the remedy sought, and where possible the section or section(s) of the Agreement which are alleged to have been violated shall be set out in the grievance. The immediate Supervisor will deliver their decision in writing within five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. Step No. 2 Within five (5) calendar days following the decision under Step No. 1, the grievance must be submitted to Human Resources to be discussed at a meeting between representatives from the Hospital and the Union Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Hospital shall give a written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten

  • Step I The aggrieved employee, with or without the Union Xxxxxxx, shall discuss the grievance or dispute with the supervising administrator within five working days of the occurrence or knowledge giving rise to the grievance. If after discussion with the supervising administrator, the grievance has not been resolved, the grievance shall be offered, in writing, within 10 working days, to the supervising administrator, who shall conduct a meeting with the aggrieved employee and his/her Union representative and respond, in writing, within 10 working days. The grievance shall be on the proper form for this Step. STEP II -- If the grievance or dispute has not been satisfactorily resolved at Step I, the Union Xxxxxxx and/or the aggrieved employee and the Union representative may appeal the grievance to the immediate Director within 10 working days after the supervising administrator's response is due. The immediate Director shall conduct a meeting with the aggrieved employee and his/her Union representative and respond, in writing, within 10 working days. The grievance shall be on the proper form for this Step. STEP III -- If the grievance has not been satisfactorily resolved at Step II, the employee may submit the grievance to the Associate Superintendent for School Operations or designee within 10 working days after the immediate Director's response is due. The Associate Superintendent for School Operations or designee shall conduct a meeting with the aggrieved employee and his/her Union representative and respond, in writing, within 10 working days. The grievance shall be on the proper form for this Step. Failure to observe the time limits for submission of a grievance, at any step, will automatically result in the grievance being considered abandoned. Failure to respond to a grievance within the prescribed time limits will automatically move the grievance to the next step. The parties acknowledge that, as a principle of interpretation, employees are obligated to work, as directed, while grievances are pending. All responses required at Steps I, II, and III above shall be directed to the employee, with a copy furnished to the Union. It is understood and agreed by the employer, members of the unit, and the bargaining agent, that the resolution of complaints which are grievable or litigable shall be pursued through the grievance procedure until such remedy is exhausted. It is further understood and agreed that the aggrieved employee(s) shall be granted released time with pay to attend formal proceedings, as described herein, which are held during working hours. Additional employee witnesses, who may be needed to insure a full hearing on the merit of the issues, shall be given released time with pay, provided the agent of M- DCPS and AFSCME, Local 1184 mutually agree on the number of representatives. If the formal proceedings extend beyond the employee's workday, the time spent beyond the employee's workday at the formal proceedings shall not be considered time worked and shall not be with pay.

  • Economic Equivalence (a) Parent will not without prior approval of ExchangeCo and the prior approval of the holders of the Exchangeable Shares given in accordance with Section 10.2 of the Share Provisions:

  • US-Behörden Die Apple Software und die Dokumentation gelten als „Commercial Items“ gemäß Definition im 48 C.F.R. §2.101, bestehend aus „Commercial Computer Software“ und „Commercial Computer Software Documentation“ in dem Sinne, in dem diese Begriffe im 48 C.F.R. §12.212 oder 48 C.F.R. §227.7202 verwendet werden. In Übereinstimmung mit 48 C.F.R. §12.212 oder 48 C.F.R. §227.7202-1 bis 227.7202-4, sofern anwendbar, werden die „Commercial Computer Software“ und die „Commercial Computer Software Documentation“ an US-Behörden wie folgt lizenziert: (a) nur als „Commercial Items“ und (b) nur mit den Rechten, die xxxxx Endbenutzern gemäß den Bestimmungen in diesem Lizenzvertrag gewährt werden. Die Rechte an unveröffentlichten Werken unterliegen den Urheberrechten der Vereinigten Staaten.

  • Step IV If the employee is dissatisfied with the response of the Board of Education, the grievance may be submitted by the Union to the Connecticut State Board of Mediation and Arbitration (CSBMA) for mediation and, if the grievance is not settled in mediation, the grievance may be submitted by the Union for arbitration to the CSBMA or, at the Board's option, the American Arbitration Association (AAA). In cases where the Board has elected to have the grievance submitted for arbitration to the AAA, it will pay any additional costs which may be incurred as a result of using the services of the AAA rather than the CSBMA. Any request for mediation or arbitration shall be in writing and a copy submitted to the Superintendent of Schools. The request for mediation shall be made within ten (10) days of the Board's decision in Step III. The arbitration decision of the CSBMA or the AAA as the case may be, shall be final and binding on both parties.

  • Step III In the event the grievant is not satisfied with the disposition of the grievance at Step II, he/she may, within five (5) days of receipt of the written decision at Step II, submit the grievance to the President or designee. The grievant must inform the President or designee why the previous answer was rejected. Within ten (10) days from the receipt of the grievance, the President or designee shall meet with the interested parties and shall render a written decision within ten (10) days of the meeting.

  • STEP II If the Grievance Report Form is not forwarded by either the grievant or the Association to the Superintendent within five (5) days after the receipt of the disposition in Step I, the grievance shall be considered waived and further action barred. If the support teacher is not satisfied with the disposition of the grievance in Step I or if no disposition has been made within the above time limit, the grievant and the Association shall complete Grievance Report Form, Step II, and submit the grievance to the Superintendent. Within five (5) days of receipt, the superintendent and/or his/her designated representative shall meet with the grievant and/or his/her Association representative. Within five (5) days of this meeting, the Superintendent shall give a written disposition of the grievance on the grievance form and forward it to the support teacher. The Association and the principal or supervisor shall be notified in writing of said disposition by the Superintendent.