Accretion of Duties Clause Samples

The Accretion of Duties clause defines how additional responsibilities or tasks may be added to a party’s obligations under an agreement. In practice, this clause allows for the scope of work or duties to expand beyond the original terms, often through mutual agreement or as necessitated by changing circumstances. Its core function is to provide a structured mechanism for adapting to evolving needs during the contract term, ensuring that both parties understand how new duties are formally incorporated and reducing the risk of disputes over unanticipated obligations.
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Accretion of Duties. An accretion occurs when a qualified employee has been performing grade-controlling duties classified at a higher grade level for an extended period of time (normally 12 months) and will continue to perform the a. The new position is not a reclassification from nonsupervisory or nonlead to a supervisory or lead position when the lead or supervisory duties constitute the sole basis for upgrading the position; b. A majority of the key duties of the former position are absorbed into the new position and are planned to continue on a regular and recurring basis; c. The expanded duties are within the scope of the work of the organizational unit on which the accretion occurs; and d. Other positions within the supervisory unit are not adversely affected (that is, no other position in that unit could have been assigned these higher graded du- ties). A “supervisory unit” is typically the lowest level of an organizational unit where like work is performed. If, in accordance with Article 14 Section 5, Management elects to remove the higher graded duties rather than promoting the employee and the duties are later reassigned to the employee without an appropriate promotion, the employee is not required to repeat the position description and classification review procedures in Article 14 before moving directly to either the grievance procedures or classification appeal process.
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Accretion of Duties. An accretion occurs when a qualified employee has been performing grade-controlling duties classified at a higher grade level for an extended period of time (normally 12 months) and will continue to perform the grade- controlling duties on a regular and recurring basis. If the action is supported by a classification determination, in accordance with Article 14 Section 5, Management may elect to noncompetitively promote the employee into the reclassified position if the conditions for accretion of duty in the USDA Merit Promotion DR have been met. For the purpose of accretion of duties organizational unit means a “supervisory unit,” which is typically the lowest level of an organizational unit where like work is performed.
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Accretion of Duties. An accretion occurs when a qualified employee has been performing grade-controlling duties classified at a higher grade level for an extended period of time (normally 12 months) and will continue to perform the grade-controlling duties on a regular and recurring basis. If the action is supported by a classification determination, in accordance with Article 14 Section 5, Management may elect to noncompetitively promote the employee into the reclassified position if the conditions for accretion of duty in the USDA Merit Promotion DR have been met.
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Accretion of Duties. Positions that are upgraded due to accretion of additional duties may be filled in accordance with the Merit Promotion Article of this Agreement.
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Accretion of Duties. An accretion occurs when a qualified employee has been performing grade-controlling duties classified at a higher grade level for an extended period of time (normally 12 months) and will continue to perform the grade- controlling duties on a regular and recurring basis. If the action is supported by a classification determination, in accordance with Article 14 Section 5, Management may elect to noncompetitively promote the employee into the reclassified position if all the following conditions have been met. a. The following criteria must be met: (1) The major duties and basic functions of the current position must be absorbed into the new position; (2) The current position must be abolished; (3) The new position must not have any known promotion potential beyond its accreted grade level; (4) The addition of higher level duties and responsibilities must not result in the abolishment of another position, reduce the known promotion potential of another position, or adversely impact another occupied position; (5) No other employee(s) in the same organizational unit may be performing similar duties prior to the addition of the new duties and responsibilities which precipitated a promotion based on accretion of duties; (Organizational unit means a “supervisory unit,” which is typically the lowest level of an organizational unit where like work is performed.) and (6) The employee meets time-in-grade and qualification standards. b. The following actions will not be considered for a promotion based on an accretion of duties: (1) Promotion from one-grade interval position to a two-grade interval position (e.g., GS-5/6/7 to GS-9/11); (2) Promotion from one occupational series to another occupational series (e.g., GS-685 to GS-1101); (3) Movement to a vacant, higher level position; (4) Promotion from an identical additional position within the same organization; (5) Promotion from a non-supervisory position to a supervisory position; (6) Promotion from a non-leader position to a leader position; and (7) Accretion of duties across organizational lines. If, in accordance with Article 14 Section 5, Management elects to remove the higher graded duties rather than promoting the employee and the duties are later reassigned to the employee without an appropriate promotion, the employee is not required to repeat the position description and classification review procedures in Article 14 before moving directly to either the grievance procedures or classification appeal proces...
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Accretion of Duties. If a position is classified at a higher grade as a result of accretion of duties, the BDO will submit the paperwork for the Employee to be noncompetitively promoted within thirty (30) calendar days subject to Article 13, Section 13.5.
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Accretion of Duties a. If the action is supported by a classification determination, in accordance with Article 14.5, Management may elect to noncompetitively promote the employee into the reclassified position if the conditions for accretion of duty in the USDA Merit Promotion DR have been met.* b. Employees may utilize the procedures in Article 14 regarding a management decision not to exercise accretion of duties promotion authority. c. Management recognizes that, if upon review, Management finds the initial management determination not to use its non-competitive promotion authority to promote an employee was improper, management has determined the appropriate remedy is to process the non-competitive permanent promotion action retroactive to the date of the initial management determination.
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Accretion of Duties. Nothing in this Article prevents an employee from being promoted because of an accretion of duties.
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Accretion of Duties. 4.1. If an Employee's position is reclassified to a higher grade level, the Employee will either be given the opportunity to compete for the reclassified position or a determination may be made that the Employee's position may be non-competitively accreted.
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Related to Accretion of Duties

  • Limitation of Duties The Custodian in its capacity as such: (a) in the course of its review of the Mortgage Files, shall not be required to make determinations (1) of a legal nature or (2) as to the authority of any officer or agent of the Master Servicer, Trustee or other entity who has executed (or certified with respect to) any document which is part of the Mortgage File; (b) shall have no duties or obligations other than those specifically set forth herein or as may subsequently be agreed upon in writing by the parties hereto and shall use the same degree of care and skill as is reasonably expected of financial institutions acting in comparable capacities; (c) will be regarded as making no representations and having no responsibilities as to the validity, sufficiency, value, genuineness, ownership or transferability of any Mortgage Loans and will not be required to and will not make any representations as to the validity, value or genuineness of the Mortgage Loans; (d) shall not be obligated to take any legal action hereunder which might in its judgment involve any expense or liability unless it has been furnished with reasonable indemnity; (e) may rely on and shall be protected in acting upon any certificate, instrument, opinion, notice, letter, telegram or other document, or any security, delivered to it and reasonably believed by it to be genuine and to have been signed by the Master Servicer or the Trustee; (f) may rely on and shall be protected in acting upon the written instructions of the Master Servicer or the Trustee and such employees and representatives of the Master Servicer and the Trustee, as applicable, may hereinafter designate in writing; (g) may consult counsel satisfactory to it (including counsel for the Trustee or the Master Servicer) and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered, or omitted by it hereunder in good faith and in accordance with the opinion of such counsel (provided that the fees of such counsel in connection with such consultation and opinion shall be paid by the Custodian); and (h) shall not be liable for any error of judgment, or for any act done or step taken or omitted by it, in good faith, or for any mistake of fact or law, or for anything which it may do or refrain from doing in connection therewith, except in the case of a breach of any of the Custodian’s obligations hereunder, negligence or willful misconduct. The Custodian shall be held to the same standard of conduct, and shall be entitled to the same protections, privileges and immunities as other custodians acting in a custodial capacity are generally afforded. No covenant or agreement contained herein shall be deemed to be the covenant or agreement of any member of the Board of Directors, or any director, officer, agent, employee or representative of the Trustee, Master Servicer or the Custodian in his or her individual capacity and none of such persons shall be subject to any personal liability or accountability by reason of the execution of this Agreement, whether by virtue of any constitution, statute or rule of law or by the enforcement of any assessment or penalty, or otherwise.

  • Delegation of Duties The Administrative Agent may execute any of its duties under this Agreement or any other Loan Document by or through agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Administrative Agent shall not be responsible for the negligence or misconduct of any agent or attorney-in-fact that it selects in the absence of gross negligence or willful misconduct.

  • Absence of Duties The Subordination Agent shall have no duty to see to any recording or filing of this Agreement or any other document, or to see to the maintenance of any such recording or filing.

  • Description of Duties 12.01 The Employer agrees to provide and retain on file an accurate position description for every position. 12.02 Upon hiring or within thirty (30) calendar days of receipt of a written request from an employee, the Employer shall provide to the employee a statement containing the duties and responsibilities assigned for the position held by the employee, including the employee’s classification level, salary and the organizational chart depicting the position’s place in the organization.

  • STATEMENT OF DUTIES Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position’s place in the organization.