Conversion to Permanent Ongoing Status Sample Clauses

Conversion to Permanent Ongoing Status. Where an employee has become a regular employee through the application of Article 31.1, and where that employee has not been recalled to an ongoing position, but has been employed in temporary contracts pursuant to Article 12.6(d) and 12.6(e) for three (3) consecutive years without a three (3) consecutive month gap in employment, the Labour/Management Committee will review the employee’s work history and make a recommendation to the employee’s ▇▇▇▇ and Associate ▇▇▇▇ regarding regular permanent employment. The Labour/Management Committee will take into consideration the following factors, including, but not limited to: (1) The expectation of ongoing work in the program. (2) The nature of the previous temporary appointments (i.e. backfill, non backfill, industry services etc). (3) Enrolment forecasts, labour market studies and waitlists for the program/department. (4) Industry trends and utilization rates within the program. (5) The employee’s ability to perform the full scope of instructional duties within the department. (6) The employee’s average FTE status over the employee’s three (3) consecutive years of employment. (7) The current and expected funding sources for the program. (8) The employee has acquired their Provincial Instructor Diploma (PID) or equivalent. The Labour/Management Committee will meet ▇▇▇▇▇▇▇▇▇▇, on or about May 1 and October 1 of each year, to review employees who meet this threshold. The Parties to the Labour/Management Committee may make recommendations related to permanent employment, FTE and other conditions which may require a memorandum of agreement between the Parties. The Parties to the Labour/Management Committee will make reasonable efforts to come to a consensus recommendation. If the Parties are unable to provide a consensus recommendation, either Party may submit an independent recommendation to the ▇▇▇▇ and Associate ▇▇▇▇. Where an employee is converted under this language to permanent ongoing status, and where there is a need to conduct a layoff under Article 12 within two (2) years of the employee’s conversion, the employer will have the option of (a) conducting a layoff under Article 12 or (b) providing the least senior regular employee(s) that was converted with a severance payment as described in Article 12.5(a)(4) and all other rights under Article 12 will be waived. In the event that the Union disagrees with the ▇▇▇▇’▇ decision, it may refer the matter to an arbitrator for determination of whether the Employer...
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Conversion to Permanent Ongoing Status. Where an employee has become a regular employee through the application of Article 31.1, and where that employee has not been recalled to an ongoing position, but has been employed in temporary contracts pursuant to Article 12.6(d) and 12.6(e) for three (3) consecutive years without a three (3) consecutive month gap in employment, the Labour/Management Committee will review the employee’s work history and make a recommendation to the employee’s ▇▇▇▇ and Associate ▇▇▇▇ regarding regular permanent
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Conversion to Permanent Ongoing Status. Where an employee has become a regular employee through the application of Article 31.1, and where that employee has not been recalled to an ongoing position, but has been employed in temporary contracts pursuant to Article 12.6(d) and 12.6(e) for three (3) consecutive years without a three (3) consecutive month gap in employment, the Labour/Management Committee will review the employee’s work history and make a recommendation to the employee’s ▇▇▇▇ and Associate ▇▇▇▇ regarding regular permanent employment. The Labour/Management Committee will take into consideration the following factors, including, but not limited to: (1) The expectation of ongoing work in the program specialization. (2) The nature of the previous temporary appointments (i.e. backfill, non backfill, industry services etc). (3) Enrolment forecasts, labour market studies and waitlists for the program/department specialization. (4) Industry trends and utilization rates within the program. (5) The employee’s ability to perform the full scope of instructional duties within the department specialization. (6) (8) Maintain current language
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Related to Conversion to Permanent Ongoing Status

  • CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? Yes

  • Effectiveness, Continuation, Termination and Amendment This Amended ------------------------------------------------------ and Restated Plan has been approved by a vote of the Board and its Independent Trustees and replaces the Fund's prior Distribution and Service Plan and Agreement for Class C shares. Unless terminated as hereinafter provided, it shall continue in effect until renewed by the Board in accordance with the Rule and thereafter from year to year or as the Board may otherwise determine but only so long as such continuance is specifically approved at least annually by a vote of the Board and its Independent Trustees cast in person at a meeting called for the purpose of voting on such continuance. This Plan may not be amended to increase materially the amount of payments to be made under this Plan, without approval of the Class C Shareholders at a meeting called for that purpose and all material amendments must be approved by a vote of the Board and of the Independent Trustees. This Plan may be terminated at any time by a vote of a majority of the Independent Trustees or by the vote of the holders of a "majority" (as defined in the 1940 Act) of the Fund's outst▇▇▇▇▇▇ ▇lass C voting shares. In the event of such termination, the Board and its Independent Trustees shall determine whether the Distributor shall be entitled to payment from the Fund of all or a portion of the Service Fee and/or the Asset-Based Sales Charge in respect of Shares sold prior to the effective date of such termination.

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  • Termination Due To Lack Of Funding Appropriation If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

  • Limitation to Preserve REIT Status Notwithstanding anything else in this Agreement, to the extent that the amount to be paid, credited, distributed or reimbursed by the Partnership to any REIT Partner or its officers, directors, employees or agents, whether as a reimbursement, fee, expense or indemnity (a “REIT Payment”), would constitute gross income to the REIT Partner for purposes of Code Section 856(c)(2) or Code Section 856(c)(3), then, notwithstanding any other provision of this Agreement, the amount of such REIT Payments, as selected by the General Partner in its discretion from among items of potential distribution, reimbursement, fees, expenses and indemnities, shall be reduced for any Partnership Year so that the REIT Payments, as so reduced, for or with respect to such REIT Partner shall not exceed the lesser of: (i) an amount equal to the excess, if any, of (a) four and nine-tenths percent (4.9%) of the REIT Partner’s total gross income (but excluding the amount of any REIT Payments and amounts excluded from gross income pursuant to Section 856(c)(5)(G) of the Code) for the Partnership Year that is described in subsections (A) through (I) of Code Section 856(c)(2) over (b) the amount of gross income (within the meaning of Code Section 856(c)(2)) derived by the REIT Partner from sources other than those described in subsections (A) through (I) of Code Section 856(c)(2) (but not including the amount of any REIT Payments and amounts excluded from gross income pursuant to Section 856(c)(5)(G) of the Code); or (ii) an amount equal to the excess, if any, of (a) twenty-four percent (24%) of the REIT Partner’s total gross income (but excluding the amount of any REIT Payments and amounts excluded from gross income pursuant to Section 856(c)(5)(G) of the Code) for the Partnership Year that is described in subsections (A) through (I) of Code Section 856(c)(3) over (b) the amount of gross income (within the meaning of Code Section 856(c)(3)) derived by the REIT Partner from sources other than those described in subsections (A) through (I) of Code Section 856(c)(3) (but not including the amount of any REIT Payments and amounts excluded from gross income pursuant to Section 856(c)(5)(G) of the Code); provided, however, that REIT Payments in excess of the amounts set forth in clauses (i) and (ii) above may be made if the General Partner, as a condition precedent, obtains an opinion of tax counsel that the receipt of such excess amounts should not adversely affect the REIT Partner’s ability to qualify as a REIT. To the extent that REIT Payments may not be made in a Partnership Year as a consequence of the limitations set forth in this Section 15.12, such REIT Payments shall carry over and shall be treated as arising in the following Partnership Year if such carry over does not adversely affect the REIT Partner’s ability to qualify as a REIT, provided, however, that any such REIT Payment shall not be carried over more than three Partnership Years, and any such remaining payments shall no longer be due and payable. The purpose of the limitations contained in this Section 15.12 is to prevent any REIT Partner from failing to qualify as a REIT under the Code by reason of such REIT Partner’s share of items, including distributions, reimbursements, fees, expenses or indemnities, receivable directly or indirectly from the Partnership, and this Section 15.12 shall be interpreted and applied to effectuate such purpose.