Reinstated b. Refuse recall. Provided, however, that a refusal of recall will not remove an educator from the recall list if he/she so refuses because of lack of experience in the area of the vacancy or because that position is less than full time or because it is full time in the case of a former part time educator.
Reinstated. 10.3 When a teacher leaves the employ of the Employer, all accumulated sick leave shall be cancelled except as provided in clause 10.3.1.
Reinstated. During negotiations of the Collective Agreement the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its Executive Board, Public Review Board, or Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Corporate Ma of Relations in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance, or relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance or in any court or before any federal, provincial or municipal agency. Notwithstanding the foregoing, a decision of the impartial arbitrator or Grievance Commissioner, on any grievance shall continue to be and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim including claims for back wages, or that provide for the final and b...
Reinstated. This Agreement shall continue to be effective, or be reinstated, as the case may be, if at any time any amount received by Lender hereunder is rescinded or must otherwise he restored or returned by the Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or upon the appointment of any intervenor or conservator of, or trustee or similar official for, the Borrower or any substantial part of its property, or otherwise, all as though such payments had not been made.
