Substitution of Penalty Sample Clauses

Substitution of Penalty. Should the Board of Arbitration determine that an employee has been suspended or dismissed for other than just and reasonable cause, the Board of Arbitration may direct the Board to reinstate the employee and pay him a sum equal to his wages or salary loss by reasons of such suspension or dismissal or such lesser sum as, in the opinion of the Board of Arbitration, is fair and reasonable. Further, the arbitrator shall have the authority as outlined in Section 98 of the LABOUR RELATIONS CODE of British Columbia.
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Substitution of Penalty. The provisions of Section 89 (Authority of Arbitration Board) of the Labour Relations Code will apply. SCHOOL DISTRICT NO. 38 (RICHMOND) AND CUPE LOCAL 716 Collective Agreement 2022-2025
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Substitution of Penalty. Where an Arbitrator or Arbitration Board determines that an Employee has been discharged or otherwise disciplined by an Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator or Arbitration Board may substitute such other penalty for the discharge or discipline as to the Arbitrator or Arbitration Board seems just and reasonable in all the circumstances.
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Related to Substitution of Penalty

  • Definitions Interpretation 1.1. As used in this Agreement, the following terms have the following meanings:

  • REDUCTION OF PERSONNEL A. The District and the Association recognize the possibility that the financial condition of the schools at a given time could necessitate a curtailment of program on the part of the District, including a reduction of personnel. The parties also recognize that such determinations are within the exclusive discretion of the District. In the event of a general cutback or reduction of personnel through layoff from employment, the following procedure, based upon program needs, will be utilized by the District or its designated representatives:

  • Definitions Rules of Interpretation Capitalized terms used but not defined herein shall have the meanings set forth in Schedule 1.1, and the rules of interpretation set forth in Schedule 1.1 shall apply to this Facility Lease.

  • Construction; Interpretation The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party. This Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words, “herein,” “hereto,” “hereof” and words of similar import refer to this Agreement as a whole, including the Schedules and exhibits, and not to any particular section, subsection, paragraph, subparagraph or clause contained in this Agreement; (ii) masculine gender shall also include the feminine and neutral genders, and vice versa; (iii) words importing the singular shall also include the plural, and vice versa; (iv) the words “include,” “includes” or “including” shall be deemed to be followed by the words “without limitation”; (v) financial terms shall have the meanings given to such terms under GAAP unless otherwise specified herein; (vi) references to “$” or “dollar” or “US$” shall be references to United States dollars; (vii) where the context permits, the use of the term “or” will be non-exclusive and equivalent to the use of the term “and/or”; (viii) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; and (ix) if any action under this Agreement is required to be done or taken on a day that is not a Business Day or on which a government office is not open with respect to which a filing must be made, then such action shall be required to be done or taken not on such day but on the first succeeding Business Day thereafter.

  • Interpretation of Contract Documents The Contract Documents shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner.

  • Application and Interpretation For the purposes of this Chapter:

  • Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

  • Clarification of Bidding Documents 10.1 The prospective bidder requiring any clarification of the bidding documents may notify the Employer in writing or by cable (hereinafter the term cable is deemed to include telex, email and facsimile) at the Employer’s mailing address indicated in the Bidding Data.

  • RETURN AND DELETION OF PERSONAL DATA 7.1 We shall return to You and, to the extent allowed by applicable law, delete Your Personal Data as set out in the Agreement. We are obliged to ensure that any Sub-processors adhere to the same obligation

  • Interpretation & Application of Guidelines It is jointly agreed that the site representatives (union and management) are empowered to implement the guidelines as per the scope provided. It is jointly agreed that refresher training to explain the interpretation and application of the inclement weather clauses is to be conducted to ensure correct use. Unless these guidelines are followed, the employer will not be required to pay for lost time through inclement weather and the Disputes Board will be so briefed.

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