Vacancies Clause Samples

Vacancies. A. A vacancy shall be defined as a position which the Board of Education intends to fill and no bargaining unit member has a Contractual claim. B. Vacancies shall be posted in each school building for seven [7] calendar days and given the appropriate distribution. The posting will include the job title, minimum qualifications, location, rate of pay and application deadline. C. Vacancies shall be filled on the basis of certification [where appropriate], experience, educational background, test scores where applicable, and evaluations and other relevant factors. It is agreed that the filling of any position will be governed by the principle of providing the best person for the position. In those instances where two [2] or more employees are equal based upon the above criteria, seniority will be the determining factor. Vacancies may be filled on a temporary basis until a final decision is made. If the temporary appointment exceeds ninety [90] calendar days, the Union may request in writing the reasons therefore and the circumstances must be unusual. D. In the event the vacancy is awarded to a current employee, that employee shall have thirty [30] calendar days from the date of the award of the position to determine whether or not he/she wishes to remain in the new position. This time period may be extended by mutual agreement of both parties. If he/she decides to return to his/her former position, he/she may do so without the loss of seniority. The Employer has ninety [90] days to determine whether or not the employee can satisfactorily perform the new duties. If it is determined by the Employer that the employee cannot perform the new duties satisfactorily, he/she may be returned to his/her former position. There will be no loss of seniority to the employee. E. In the event the vacancy is awarded to a current employee and that employee remains in that position, the position vacated by the current employee shall then be posted. The procedure for filling the vacancy shall be as outlined in [D] above. F. Vacancies caused by the awarding of a position in paragraph [E] above shall be filled by appointment of the Superintendent of Schools. G. Temporary vacancies shall be defined as a vacancy created by the absence of an employee maintaining a Contractual claim to a position. Such vacancies may be temporarily filled by the Superintendent of Schools.

Vacancies. Whenever a vacancy in the Board of Trustees shall occur regardless of the reason for such vacancy, the remaining Trustees may fill such vacancy by appointing an individual having the qualifications described in this Article IV, consistent with applicable limitations under the 1940 Act, 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 4.1. Any vacancy created by an increase in Trustees may be filled by the appointment of an individual having the qualifications described in this Article IV, consistent with applicable limitations under the 1940 Act, made by a written instrument signed by a majority of the Trustees then in office. No vacancy shall operate to annul this Declaration of Trust or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. 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 duties imposed upon the Trustees by this Declaration of Trust. Upon the appointment of a successor Trustee and without any further act or conveyance, he or she shall be deemed a Trustee hereunder. The death, declination to serve, resignation, retirement, removal, or incapacity of one or more Trustees, or all of them, shall not operate to annul the Trust or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever there shall be fewer than the designated number of Trustees, until additional Trustees are elected or appointed as provided herein to bring the total number of Trustees equal to the designated number, or the number of Trustees as fixed is reduced, 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 of Trust, and during the period during which any such vacancy shall occur, only the Trustees then in office shall be counted for the purposes of the existence of a quorum or any action to be taken by such Trustees. As evidence of such vacancy, an instrument certifying the existence of such vacancy may be executed by an officer of the Trust or by a Trustee. In the...

Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise may be filled by the Board of Managers for the unexpired portion of the term.

Vacancies. A vacancy in any office because of death, incapacity, resignation, removal, disqualification or other cause shall be filled in the manner prescribed in this Agreement for regular appointment to such office.

Vacancies. Any vacancy occurring in any office of the Company may be filled by the Managers.

Vacancies. A vacancy in any office may be filled at any time. Each successor shall hold office for the unexpired term, and in the case of the president, the treasurer and the secretary, until his or her successor is chosen and qualified, or in each case until he or she sooner dies, resigns, is removed or becomes disqualified.

Vacancies. Any vacancy or anticipated vacancy resulting from any reason, including without limitation the death, resignation, retirement, removal or incapacity of any of the Trustees, or resulting from an increase in the number of Trustees by the Trustees may (but so long as there are at least three remaining Trustees, need not unless required by the ▇▇▇▇ ▇▇▇) be filled either by a majority of the remaining Trustees through the appointment in writing of such other person as such remaining Trustees in their discretion shall determine (unless a shareholder election is required by the ▇▇▇▇ ▇▇▇) or by the election by the Shareholders, at a meeting called for the purpose, of a person to fill such vacancy, and such appointment or election shall be effective upon the written acceptance of the person named therein to serve as a Trustee and agreement by such person to be bound by the provisions of this Declaration of Trust, except that any such appointment or election in anticipation of a vacancy to occur by reason of retirement, resignation, or increase in number of Trustees to be effective at a later date shall become effective only at or after the effective date of said retirement, resignation, or increase in number of Trustees. As soon as any Trustee so appointed or elected shall have accepted such appointment or election and shall have agreed in writing to be bound by this Declaration of Trust and the appointment or election is effective, the Trust estate shall vest in the new Trustee, together with the continuing Trustees, without any further act or conveyance.

Vacancies. Any vacancy occurring in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the board of directors for the unexpired portion of the term by the board of directors then in office.

Vacancies. A newly created elected office and a vacancy in any elected office because of death, resignation or removal may be filled by the Board for the unexpired portion of the term at any meeting of the Board.