Distribution of Overtime Overtime shall be distributed as equally as feasible among qualified employees customarily performing the kind of work required, and currently assigned to the work unit in which the overtime is to be worked. When the assignment of overtime work causes an unusual burden upon the employee, the employee shall not be required to work overtime unless the absence would cause the Agency to be unable to meet its responsibilities.
Allocation of Overtime Subject to the operational requirements of the service, the Employer shall make every reasonable effort: (a) to allocate overtime work on a fair and equitable basis among readily available and qualified employees; and (b) where overtime is predictable, employees shall be provided with a minimum of four (4) hours notice.
Certain Distributions If the Company elects to: (I) distribute, to all or substantially all holders of Common Stock, any rights, options or warrants (other than rights issued pursuant to a stockholder rights plan, so long as such rights have not separated from the Common Stock and are not exercisable until the occurrence of a triggering event, except that such rights will be deemed to be distributed under this clause (I) upon their separation from the Common Stock or upon the occurrence of such triggering event) entitling them, for a period of not more than sixty (60) calendar days after the record date of such distribution, to subscribe for or purchase shares of Common Stock at a price per share that is less than the average of the Last Reported Sale Prices per share of Common Stock for the ten (10) consecutive Trading Days ending on, and including, the Trading Day immediately before the date such distribution is announced (determined in the manner set forth in the third paragraph of Section 5.05(A)(ii)); or (II) distribute, to all or substantially all holders of Common Stock, assets or securities of the Company or rights to purchase the Company’s securities, which distribution per share of Common Stock has a value, as reasonably determined by the Board of Directors, exceeding ten percent (10%) of the Last Reported Sale Price per share of Common Stock on the Trading Day immediately before the date such distribution is announced, then, in either case, the Company shall notify in writing all Holders of the Notes, the Trustee and the Conversion Agent (if other than the Trustee) (such notification, the “Certain Distributions Notification”) (x) at least 25 Scheduled Trading Days or (y) if the Company is otherwise then permitted to elect Physical Settlement (and, for the avoidance of doubt, the Company has not selected another Settlement Method to apply), and in the Certain Distributions Notification the Company irrevocably elects Physical Settlement in respect of any conversions with Conversion Dates that occur on or after the date of delivery to the Holders of the Certain Distributions Notification until the Certain Distributions Conversion Period End Date, at least 10 Scheduled Trading Days, in either case, before the Ex-Dividend Date for such distribution. Once the Company has given such notice, a Holder may surrender all or any portion of its Notes for conversion at any time until the earlier of (1) the close of business on the Business Day immediately preceding the Ex-Dividend Date for such distribution and (2) the Company’s announcement that such distribution will not take place (such earlier date and time, the “Certain Distributions Conversion Period End Date”), in each case, even if the Notes are not otherwise convertible at such time.
Equalization of Overtime (a) Subject to the provisions of this Section, overtime worked shall be divided as equally as possible among the employees who normally perform the work in the Department where the work is to be accomplished and within their job classification. The goal of distributing overtime as equally as possible refers to overtime distribution within a crew on an annual basis. Crew Leaders and Plant Operations Shift Coordinators shall keep daily logs and once per week update the weekly overtime sheet. Based on this update, a new weekly overtime list will be prepared and distributed on Fridays. The employer is not required to break works in progress for the purpose of equalizing distribution of overtime. For Monday through Friday crews, overtime occurring as an extension of the shift may be assigned based on agreement of the crew. Provided, however, on the Utility Worker-Fuel Handler Crew, the Commission shall not be required to break works in progress if the Crew Leader determines that the overtime is not likely to last more than three (3) hours. An employee transferring between departments will be considered to have overtime equal to the highest employee doing the same work on the date the transfer was effective. When an employee has been so excused, notation shall be made on the overtime records that the employee has been offered and has refused the number of hours which would have been worked, and those hours shall be considered as "hours worked" in the future distribution of overtime. (b) In selecting employees for scheduling or planned overtime the Commission will excuse employees who do not want the assignment, provided the required number of qualified employees are available. The option of the employees to turn down assignment to scheduled or planned overtime, provided there is enough qualified employees available, is not intended to apply to emergency overtime. (c) When additional help is needed beyond the number desiring the assignment, the additional assignments will be made in inverse order of the amount of overtime worked. Employees in this instance, must make themselves promptly available for work. (d) The following definitions shall apply for the purpose of assignment of overtime is concerned: 1) Scheduled or planned overtime shall mean work for which at least 24 hours notice has been given. 2) Emergency overtime shall mean work for which, if not accomplished, will interfere with the Commission's obligation to provide continuous operations for the health and safety of the general public. Employees do not have the option to turn down an assignment to emergency overtime. (e) Additional provisions relating to firing line: 1) A firing line worker will be considered to be on vacation, and thus not normally subject to call to fill an overtime shift, only if approved vacation, compensatory time or personal day brackets the beginning or end of scheduled days off. 2) A firing line relief person may have his/her work schedule changed at any time to cover a shift. 3) On the firing line, in the absence of a relief person, it is the responsibility of the qualified person in the classification who is lowest in overtime hours and is scheduled off to cover the uncovered shift when such shift does not interfere with his/her normal shift. (f) An employee returning from extended sick leave of more than 30 working days shall have their overtime hours adjusted to match the low employee in overtime on the crew, or maintain present number of hours, if not low.
Distributions Upon Income Inclusion Under Section 409A of the Code Upon the inclusion of any portion of the benefits payable pursuant to this Agreement into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liability, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.