Section Two. The Union but not any employee shall have the right to appeal in writing by submitting data, views, arguments, or a request for a hearing relative to reevaluation of a class or classes of positions allocated to the State Compensation Plan. Within sixty (60) days after the receipt of such written data or holding the requested hearing, the Commissioner of Administrative Services or his/her designee shall answer the appeal.
Section Two. The Department will attempt to correct deficiencies or inadequacies with respect to equipment, supplies and materials provided to shops or academic or related classes to the extent that such matters are called to the Department’s attention by bargaining unit employees. Said deficiencies or inadequacies shall not by themselves be used against employees in the performance evaluation process.
Section Two. Employees with less than two (2) years of service may grieve discipline under Article 21 based on a claim of inequitable treatment. Any such grievance shall not be arbitrable.
Section Two. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of the terms of and conditions herein. Section Three If any Article or Section of this Agreement of any supplement thereto should be held invalid by operation of law of any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article and/or supplements should be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.
Section Two. (a) There shall be no annual increment or top step bonus paid for the 2016-2017 contract year.
Section Two. (a) For the purpose of this article, the definition of seniority in Article 16 shall apply. No employee shall be laid off if any employee in the same agency in the same class and with comparable qualifications, with less seniority, is retained. For employees in the Bureau of Rehabilitation Services, seniority shall include continuous service with the Department of Education at the time the Division/Bureau of Rehabilitation Services was transferred to DHR. For employees of the Department of Construction Services, seniority shall include continuous service with the Department of Education at the time the Bureau of School Facilities was transferred to the Department of Construction Services and any successor entity.
Section Two. The State shall provide counsel to an employee who is sued for malpractice, provided that the employee was acting within the scope of his/her employment and was not acting in a willful or wanton manner. Disputes over the State’s obligations to provide counsel under this Section shall be subject to expedited arbitration. In deciding questions of whether an employee was acting within the scope of his/her employment or in a willful or wanton manner, the arbitrator shall give due weight to the remedial purpose of the indemnification statutes.
Section Two. The State shall provide counsel to an employee who is sued for malpractice, provided that the employee was acting within the scope of his/her employment and was not acting in a willful or wanton manner. In cases where the State is also a defendant and where there is a potential conflict of interest on the part of attorneys for the State, the employee may request that the State provide reasonable attorney's fees for private counsel. Disputes over the State's obligations to provide counsel under this Section shall be subject to expedited arbitration. In deciding questions of whether an employee was acting within the scope of his/her employment or in a willful or wanton manner, the arbitrator shall give due weight to the remedial purpose of the indemnification statutes.
Section Two. (a) Employees who are required to work as a part of a regular schedule on a "premium" holiday (defined as New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day) shall be paid at the rate of time and one-half for hours worked in addition to regular pay for the day.
Section Two. 2.1 Engagement & Liabilities CLICKWELL MEIDA, LLC is not liable the following: • The work performed, maintained and/or hosted by technical partners, i.e. w/o code, Architect software, Adobe, World Secure Systems, Amazon Web Services, BlueHost, Godaddy, etc. • The client’s brand or use of the brand; this includes but not limited to products, trademarks, trade names, content, page views, products or services sold on or in association with the website. • Any work or service developed by third party companies associated with the existing website elements, including but not limited to shopping carts, checkout, ecommerce, back office area(s), content management systems, social media, secure areas, live chat, call tracking, online scheduling, SaaS, etc. • Any delays in delivering the website project to a live status due to service interruptions that may possibly occur for whatever the reason not in our control.
